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Friday, October 29, 2010
Ind. Courts - Remember "Is a county prosecutor a member of the executive or judicial branch?"
Remember this ILB entry from August 23, 2010 where Delaware County Prosecutor Mark McKinney's attorney, Kevin McGoff, was quoted as arguing before Boone Circuit Court Judge Steven David, appointed by the Supreme Court to hear the disciplinary case re McKinney, argued:
"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."That led to this ILB entry later the same day, asking: Is a county prosecutor a member of the executive or judicial branch?
As summed up in this August 25, 2010 ILB entry, the consensus was that the county prosecutor is part of the judicial branch.
Newly issued Opinion 2010-4 of the Attorney General, dated Oct. 18, 2010, agrees. See the discussion on pp. 3-4.
Posted by Marcia Oddi on October 29, 2010 10:58 AM
Posted to Indiana Courts