« Ind. Law - More on "Digital billboard gets nod from zoning board" | Main | Ind. Law - More on: "Red light camera push starts again" »

Thursday, August 21, 2008

Ind. Courts - More on: Report issued Monday by Delaware Circuit 2 Judge Richard Dailey

Updating this ILB entry from Aug. 19, Rick Yencer reports today in the Muncie Star-Press in a story that begins:

Delaware County judges unanimously approved new rules governing civil drug forfeitures Wednesday, two days after Circuit Court 2 Judge Richard Dailey found County Prosecutor Mark McKinney committed fraud on the court in his handling of those cases.

"This is going to make everything accountable and the money will go according to statute," said Circuit 1 Judge Marianne Vorhees, the local court system's presiding judge. "Everyone appreciate Judge Dailey's work."

The new rules end a practice during the administrations of McKinney, who took office last year, and his predecessor as prosecutor, Richard Reed, of allowing deputy prosecutors to handle civil forfeitures -- along with using confidential agreements, abandoned property affidavits and other means -- to seize and distribute money and property from accused drug dealers.

A second story today by Rick Yencer is headed "McKinney says he's target of 'revenge and retaliation'". It ebgins:
Delaware County Prosecutor Mark McKinney said Wednesday he was the target of "revenge and retaliation" for attempting to "clean up" the local justice system.

The prosecutor's comments came two days after Delaware Circuit Court 2 Judge Richard Dailey issued findings that McKinney's actions in handling drug forfeiture cases had been "purposeful" and "deceitful" and "willfully violated a court order."

In a statement e-mailed to The Star Press, McKinney referred to the judge's findings as a "press release."

"We certainly will be challenging these findings on a number of grounds, both procedural and substantive," the prosecutor said. "The fact that the judge refused to acknowledge his own responsibility in these matters reveals a great deal."

Dailey forwarded his findings to the Indiana Supreme Court's disciplinary commission, which had earlier received a complaint from Mayor Sharon McShurley about McKinney's handling of forfeiture cases.

Delaware County judges wouldn't offer any opinion on McKinney's conduct or future Wednesday after they approved new rules for civil drug forfeitures drafted by Dailey.

Posted by Marcia Oddi on August 21, 2008 08:39 AM
Posted to Indiana Courts