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Wednesday, February 25, 2009

Ind. Courts - Two stories today in continuing, and confusing, Delaware County saga

Rick Yencer of the Muncie Star-Press reports here under the heading "McKinney asks appeals court to stop possible citation." The story begins:

Delaware County Prosecutor Mark McKinney and a deputy on his staff are asking the Indiana Court of Appeals to stop possible contempt citations over their failure to return attorney fees and cash from civil drug forfeiture cases.
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The latest bid by McKinney and Deputy Prosecutor Eric Hoffman to avoid paying a combined judgment of $232,112 -- awarded to local government by Delaware Circuit Court 2 Judge Richard Dailey -- also seeks to derail efforts by the city of Muncie to enforce Dailey's order.

Attorneys Kevin McGoff, representing McKinney, and Kelly Bryan, representing Hoffman, asked the appeals court to strike the city's motion and stay any trial court action and to set a hearing or pre-trial conference before a contempt hearing set for Friday in Dailey's court.

"It is further requested ... that the trial court be specifically stayed from taking any further action whatsoever in connections with the underlying matter or matters pending final resolution of the appeal in this case," the motion read.

A second Yencer story today, headed "Contempt citation wouldn't force McKinney from office," reports:
Should Delaware Circuit Court 2 Judge Richard Dailey find Mark McKinney in contempt of court and send the Delaware County prosecutor to jail, it would not make McKinney ineligible to remain in office, a state court official said Tuesday.
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Dailey has scheduled a Friday hearing on a request by city attorneys that McKinney and Deputy Prosecutor Eric Hoffman be held in contempt for not paying a judgment of more than $230,000 in legal fees and cash from civil drug forfeitures.

Donald Lundberg, executive secretary for the Indiana Supreme Court's disciplinary commission, said Tuesday that a trial court's finding of contempt would not prevent a prosecutor from holding office.

"It would require a loss or suspension of law license, something that only the Supreme Court can do (under the Constitution) to cause the prosecutor to be disqualified to act in office," Lundberg said.

Lundberg declined to comment on whether a contempt finding would trigger disciplinary commission involvement.

Posted by Marcia Oddi on February 25, 2009 12:59 PM
Posted to Indiana Courts