Indiana prosecutors hope to fend off a proposed constitutional amendment they say could politicize prosecutorial decision-making— and, last Tuesday, released their own suggested legislative fixes.
The 10-member board of prosecutors governs IPAC, a judicial branch agency that supports Indiana’s 91 elected prosecuting attorneys, as well as their chief deputies.
The agency is mobilizing against a disciplinary proposal filed last week by freshman Rep. Andrew Ireland, R-Indianapolis.
“I just filed my Constitutional amendment to let Indiana IMPEACH rogue judges and prosecutors who refuse to hold violent criminals accountable,” Ireland posted to X.
IPAC’s leaders “stand in complete agreement that we’re opposed to” the measure, according to Bill Hartley, who is the president of the Indiana Prosecuting Attorneys Council’s board of directors.
Leaders believe Ireland’s rhetoric is “oversimplifying” the complex criminal justice system, Hartley said. “These are systematic issues that mislead the public.”
“We don’t have a rogue prosecutor issue in Indiana,” he added. “We feel like this is something that Andrew Ireland is using that term for political points and to get hits on his social media sites.”
IPAC leaders pointed to an existing provision in the state Constitution that allows prosecutors and circuit court judges convicted of “corruption or other high crime” to be removed from office. The document says the Indiana Supreme Court can force them out, or it can be done “in such other manner as may be prescribed by law.”
It’s unclear how often officeholders are removed under that provision.
All Indiana prosecutors are up for election next year.
Ireland’s resolution, however, would add prosecutors and circuit court judges to impeachment provisions.
“Right now, the Indiana Constitution holds the Governor, Lieutenant Governor, Secretary of State, Auditor, and Treasurer to an impeachment standard from crime, incapacity or negligence,” Ireland said. “My proposed amendment (H.J.R. 1) simply says that state-funded Circuit Judges and Prosecuting Attorneys should be held to that exact same standard.”
IPAC leaders argued the proposal “undermines” prosecutors’ freedom to make their own decisions.
“When you have words like negligence floating around out there, it opens up so many opportunities for people who just politically disagree, or who have malice or they have some other agenda,” Becker said. “That then gives them a basis to distract prosecutors from doing their work and instead make it political.”
Local prosecuting attorneys commented on the filed legislation.
“My focus remains on our prosecutors across the state who are tasked with enforcing the laws enacted by the legislature and protecting our communities from those who choose to repeatedly disregard them,” said Jackson County Prosecutor Lynsey Fleetwood. “To do so effectively, we must be given the appropriate tools to hold offenders accountable, especially repeat offenders who pose a continuing risk to public safety. I remain dedicated to reforms to make our judicial system stronger.”
“In my position on the Board of Directors for the Association of Indiana Prosecuting Attorneys, I work alongside Prosecutors across this great state,” said Scott County Prosecutor Chris Owens. “Prosecutors are committed to holding criminals accountable for their actions and protecting each of the communities we are elected to represent.
“In carrying out our duties as Prosecutor, our discretion is necessary to assure that justice is carried out in each case and we need to be able to act as justice demands not out of fear of retaliation,” he said. “For a variety of reasons, all of the information that goes into the decision-making process cannot always be made public. Oftentimes many of the reasons involve privacy for crime victims.”