ILNews

Ex-prosecutor gets 4-month suspension

Back to TopCommentsE-mailPrintBookmark and Share

Former Delaware County Prosecutor Mark McKinney has been suspended for 120 days, the Indiana Supreme Court announced Thursday. The suspension begins July 28, with automatic reinstatement upon its conclusion, subject to the conditions of Admission and Discipline Rule 23(4)(c).

In issuing its opinion on In The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, the court held that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases.

McKinney was a Delaware County deputy prosecutor from 1995 until he became the county’s prosecutor in 2007. McKinney worked in conjunction with the now-defunct Muncie-Delaware County Drug Task Force to bring drug-related criminal cases to court. In 1995 and 2004, McKinney and former Delaware County Prosecutor Richard Reed entered into written fee agreements that guaranteed McKinney 25 percent of any civil forfeiture action that he brought, under a statute currently codified at Indiana Code 34-24-1-1, et seq.

The disciplinary action said Reed had contemplated the same deputy prosecutor should handle both the criminal case and the associated forfeiture case, and he concluded the criminal case would end before any resolution of the forfeiture case. Otherwise, the costs associated with the criminal case would not be known. But the justices stated that in many instances, criminal cases were open while related civil forfeiture actions were also open. McKinney also, at times, engaged in plea agreement negotiations knowing that he would receive compensation as the result of an action.

Beginning in 2002, McKinney used what he called Confidential Settlement Agreements to transfer seized property, including cash, from criminal defendants to the city of Muncie through private agreement by the parties without court supervision or public disclosure. He then invoiced the city of Muncie and collected 25 percent of the money transferred, which he based on his interpretation of the fee agreements he had created with Reed. In some instances, McKinney was engaged in CSA negotiations while the corresponding criminal cases were open.

 “Although there is no evidence in this case that Respondent made any explicit quid pro quo offer of favorable treatment to any criminal defendant in exchange for the forfeiture of property from which Respondent would be compensated, it would doubtless be evident to such a defendant, and to his or her attorney if represented, that prosecutorial discretion in how to proceed with the criminal case was held by one who stood to reap personal financial gain if the defendant agreed to the forfeiture of his or her assets. Respondent's misconduct created an environment in which, at the very least, the public trust in his ability to faithfully and independently represent the interests of the State was compromised,” the justices wrote.

Indiana Supreme Court Justice Steven David did not participate in the Supreme Court’s deliberations. Justice David was a Boone Circuit judge when he served as hearing officer in McKinney’s disciplinary case that began in December 2009. In 2010, he recommended a public reprimand as suitable punishment for McKinney.

The Supreme Court found McKinney in violation of Indiana Professional Conduct Rules 1.7(b), 1.7(b)(2), 1.8(1), and 8.4(d).

Justice Robert Rucker dissented with the sanction imposed by the court, preferring a public reprimand, but otherwise concurred with the majority’s findings.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My name is joan, I live in United kingdom..I am here to say a big thank you to Dr odun for helping me and making me smile again, after reading a lot of testimonies about Dr odun i wrote him and told him to help me restore my marriage as my home have been scattered for 3yrs now, He replied my email and told me to send my pic and my husband pic and some other things, which i did and he said he will be done in 48hrs, with hope i slept and on the 3rd day Nathaniel called me and asked if i could pack my things to his place and forgive him, i was shocked and this is how dr odun helped me in restoring my. home Contact him: drodunhealinghome@aol.com or his website on drodunhealinghome.webs.com

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

ADVERTISEMENT