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Friday, July 18, 2008

Ind. Courts - "Judge proposes rules aimed at DTF 'ethical concerns'"

Continuing his reporting on the drug forfeiture investigation in Delaware County, Rick Yencer of the Muncie Star-Press writes today in a story that begins:

New rules governing local drug forfeiture cases could end the practice of the Muncie-Delaware County Drug Task Force and its attorney, County Prosecutor Mark McKinney, of seizing -- and spending -- money from alleged drug dealers without court orders.

Delaware Circuit Court 2 Judge Richard Dailey on Thursday gave local officials a draft of those rules, which would require criminal cases to be disposed of before any civil drug forfeiture is ordered.

And forfeitures would be handled by an attorney under written contract who is either not a deputy prosecutor or a salaried deputy prosecutor not assigned to any criminal prosecutions.

"That eliminates any ethical concerns," Dailey said of the proposed policy. "There are no questions that justice is for sale."

McKinney, as deputy prosecutor before his 1996 election as prosecutor, received nearly $100,000 in attorney fees over the past decade handling civil forfeiture cases, and also prosecuted criminal cases. The prosecutor and the drug task force used confidential settlement agreements, negotiated without court orders, to disperse hundreds of thousands of dollars in cash and property for the DTF's use.

The proposed rules -- which will go to Delaware County's five Circuit Court judges for approval, and then to the Indiana Supreme Court -- also cite state law that proceeds from drug forfeitures should be placed in local government general funds and common school funds after law enforcement costs have been paid.

The DTF had its own accounts under city government, and also maintained an off-the-books checking account that it used to spend money on its operations and various other expenses, including equipment for a city police gym, donations to youth charities and carpeting the prosecutor's office last year. The State Board of Accounts shut down that checking account last year.

For background, start with this ILB entry from July 16th.

Posted by Marcia Oddi on July 18, 2008 09:14 AM
Posted to Indiana Courts