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Sunday, February 20, 2005
Ind. Gov't. - Inspector General bill the focus of story today
"Inspector could get broad powers: Bill seeks unique ability to press criminal prosecution forward" is the headline to this story today in the Sunday Fort Wayne Journal Gazette, by Niki Kelly. Some quotes from the lengthy story:
INDIANAPOLIS – If Gov. Mitch Daniels succeeds, Indiana could have one of the rare state inspector generals – or maybe the only one – with the power to criminally prosecute wrongdoing after obtaining judicial approval.See this Feb. 11th ILB entry for the most recent earlier discussion, and links to the bill and other posts.Daniels has repeatedly touted the fact that 11 states have an inspector general’s office to investigate misconduct by state employees in the executive branch of government. * * *
The Journal Gazette contacted all 11 inspector general offices – from California to Florida – and none have the power to prosecute cases themselves. Instead, they pass their investigations to either the state attorney general or the local prosecutor.
“I knew Indiana was looking at that,” Ohio Inspector General Tom Charles said. “There’s a balance that needs to be found. Politics is always out there and maybe the local prosecutor doesn’t want to get involved. “But I know of nothing like that.”
There has been no opposition to the meat of the bill, which strengthens Indiana’s ethics laws and gives basic authority to the Office of Inspector General to ferret out waste, fraud and misconduct by state employees overseen by the executive branch. * * *
Under the proposed legislation – which is awaiting a vote in the full House – if after 180 days a local prosecutor chooses not to file charges the inspector general can get permission from the governor to proceed with a criminal prosecution.
Before seeking an indictment before a grand jury, however, a Court of Appeals judge must determine whether to allow such a move. A local prosecutor can also argue to that judge why he or she did not file charges.
If the judge agrees with the inspector general, he can move forward with a case.
The original bill contained no judicial oversight but the change was a compromise with the state’s prosecutors.
No ‘super-prosecutor’
David Thomas – the state’s first inspector general – has been in his job since Jan. 10 under the authority of an executive order. But he needs the legislation to further define his authority.
He scoffs at the idea that the bill gives him all-powerful prosecutorial powers. As the Clay County prosecutor for 10 years he said that the local prosecutor still has far more power than he has in his new position.
For instance, the inspector general can charge only four out of about 300 criminal offenses that exist: bribery, official misconduct, conflict of interest and profiteering from public service.
And he can charge state employees only with permission from both the governor and court judge.
“I will not be a super-prosecutor,” Thomas said, referring to a phrase brought up in an initial hearing on the bill. * * *
Daniels said Indiana is different from other states in reference to the inspector general’s prosecutorial power because the state attorney general generally doesn’t have the power to file criminal cases. Many other states do and simply refer their cases to that office. * * *
So why not just give prosecutorial powers to the attorney general, a person elected by the state’s voters rather than appointed by the governor? “I wouldn’t be opposed to it,” Daniels said. “To us this seemed like a more direct way to get where we wanted to go.”
Posted by Marcia Oddi on February 20, 2005 10:11 AM
Posted to Indiana Government | Indiana Law