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Ex-prosecutor gets 4-month suspension

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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.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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