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Saturday, May 09, 2009

Ind. Courts - Disciplinary Commission Complaint: Delaware County Prosecutor Mark McKinney violated conduct rules

Joy Leiker reports today in the Muncie Star-Press in a lengthy story that begins:

INDIANAPOLIS -- The good news for Delaware County Prosecutor Mark McKinney only lasted a day.

On Friday, the Indiana Supreme Court Disciplinary Commission verified its complaint against the embattled attorney and accused him of violating four rules of professional conduct, including conflict of interest and standing in the way of justice.

It came a day after McKinney was cleared of criminal liability, and indicates his legal battle is far from over. The lawyer of 18 years could lose his license if the Supreme Court were to impose the most severe penalty.

In a statement issued to The Star Press Friday, McKinney's attorney, Kevin McGoff of Indianapolis said, "Mark is alleged to have had a conflict of interest. He cooperated with the commission from the inception of the investigation, has accepted responsibility and agreed to a resolution of the charges."

McKinney, 44, who declined to elaborate on details of a conditional agreement to end the disciplinary case, said Friday he would "absolutely" fill the remainder his term as prosecutor.

"There's no reason I would not," he said.

On Thursday, a separate investigation, requested by Muncie Mayor Sharon McShurley and conducted by former Monroe County Prosecutor Barry Brown, resulted in no criminal charges being filed against McKinney for his handling of cases for the Muncie-Delaware County Drug Task Force. Brown filed a report and wrote that his investigation revealed "a good faith effort" by McKinney to adhere to statutory regulations and the local accepted practices for asset forfeiture.

Still, the criminal and disciplinary investigations are separate, though the timing of them both concluding this week likely isn't accidental.

At issue is whether McKinney's personal profit from DTF cases -- he was paid 25 percent of the money forfeited by or seized from drug defendants -- impeded the state's criminal cases.

See the May 8th story here.

Posted by Marcia Oddi on May 9, 2009 10:09 AM
Posted to Indiana Courts