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Thursday, January 14, 2010
Ind. Courts - "Embattled Delaware County prosecutor McKinney gets court date"
Rick Yencer reports today in the Muncie Star-Press:
MUNCIE -- Delaware County Prosecutor Mark McKinney will face voters before facing a hearing officer on a disciplinary complaint over his handling of drug forfeiture cases.Boone Circuit Court Judge Steven David has set a hearing for July 6 in Boone Circuit Court, Lebanon, on the Indiana Supreme Court Disciplinary Commission complaint alleging conflict of interest and conduct prejudicial to the administration of justice.
The complaint filed by Mayor Sharon McShurley nearly two years ago alleged McKinney's work as a civil attorney in drug forfeiture cases for the former Muncie-Delaware County Task Force represented a conflict with his duties as deputy prosecutor and later as the county's elected prosecutor. She also claimed McKinney misled local courts about drug forfeitures that were done without court adjudication. Last year, the disciplinary commission verified the complaint.
The prosecutor, a Democrat who intends to seek re-election when filing for the 2010 election begins next Wednesday, again said he would be glad to get his side of the story out. He is challenged in the May 4 primary election by J.A. Cummins, a senior prosecutor and former chief deputy prosecutor in Delaware County. No Republican candidates for prosecutor have so far come forward. * * *
McKinney had defended his representation of the DTF in civil drug forfeitures and later agreed to settle the complaint by taking a 90-day suspension from the practice of law. A majority of the Indiana Supreme Court rejected that suspension, saying it was insufficient in light of the misconduct.
Charles Kidd, staff counsel for the disciplinary commission who will present the case, indicated the hearing would be public. The hearing officer generally has 30 days to present a report to the Supreme Court to make a recommendation of whether the disciplinary action warrants a reprimand or possible suspension of a law license.
If McKinney won the primary and then lost his law license before the Nov. 2 election, the local Democratic Central Committee would have to appoint a candidate.
Posted by Marcia Oddi on January 14, 2010 08:06 AM
Posted to Indiana Courts