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Friday, March 13, 2009

Ind. Courts - Disciplinary Commission Panel to review complaint against Delaware County Prosecutor McKinney

Rick Yencer of the Muncie Star-Press reports today:

The Indiana Supreme Court Disciplinary Commission will decide whether Delaware County Prosecutor Mark McKinney committed misconduct in his handling of civil drug forfeiture cases.

Ten months after Mayor Sharon McShurley filed the initial grievance, the commission determined the complaint warranted further investigation, which will ultimately decide whether there was misconduct warranting discipline.

"This means the commission as a body will review the matter," said Indianapolis attorney Kevin McGoff, who represents McKinney.

McKinney stressed that the commission had not made any determination or finding of misconduct.

Donald Lundberg, executive secretary of the disciplinary commission, informed the mayor and prosecutor by certified mail this week that the mayor's grievance "has been reclassified misconduct and docketed and will be considered by the disciplinary commission to determine whether there is reasonable cause to believe that (McKinney) has been guilty of misconduct which warrants discipline or whether the grievance should be dismissed," according to the letter McKinney and McShurley received.

Contacted at his Indianapolis office, Lundberg declined to confirm the commission would now review McKinney's alleged misconduct, as court rules make the process confidential until a formal complaint for disciplinary action is filed in court.

Here is a May 28, 2008 ILB entry including this quote from an earlier Yencer story:
The feud between Mayor Sharon McShurley and Delaware County Prosecutor Mark McKinney has now escalated into a legal battle.

McShurley, a Republican, last week filed a formal ethics grievance against McKinney, a Democrat, with the Indiana Supreme Court's disciplinary commission alleging he deceived local courts while handling forfeiture cases involving thousands of dollars in money and assets seized from drug dealers.

In doing so, McShurley alleged, McKinney diverted money toward the Muncie-Delaware County Drug Task Force that rightfully belonged to the City of Muncie general fund.

"I believe the city is entitled to reimbursement and has never received it," McShurley said Tuesday.

Posted by Marcia Oddi on March 13, 2009 08:12 AM
Posted to Indiana Courts