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Monday, August 23, 2010

Ind. Courts - Is a county prosecutor a member of the executive or judicial branch?

Earlier today, in this entry about Delaware County Prosecutor Mark McKinney, his attorney, Kevin McGoff, was quoted as arguing:

"Sanctioning McKinney would violate the separation of powers doctrine of the United States and Indiana constitutions, which prohibit the judicial branch from invading the discretion of a member of the executive branch."
My question, "Is a county prosecutor a member of the executive or judicial branch?" arises because the Indiana Constitution. Article 7 - Judicial, provides at Sec.16:
Section 16. Prosecuting Attorneys. There shall be elected in each judicial circuit by the voters thereof a prosecuting attorney, who shall have been admitted to the practice of law in this State before his election, who shall hold his office for four years, and whose term of office shall begin on the first day of January next succeeding his election. The election of prosecuting attorneys under this section shall be held at the time of holding the general election in the year 1974 and each four years thereafter.
(History: As Amended November 3, 1970).
Thoughts?

Posted by Marcia Oddi on August 23, 2010 06:31 PM
Posted to Indiana Courts