Indiana Rep. Andrew Ireland filed a measure to impeach “rogue” prosecutors and judges. He is pictured at a rally at the Indiana Statehouse on Friday, Dec. 5. Photo by Leslie Bonilla Muñiz, Indiana Capital Chronicle.

By Leslie Bonilla Muñiz
Indiana Capital Chronicle

INDIANAPOLIS — Indiana prosecutors hope to fend off a proposed constitutional amendment they say could politicize prosecutorial decision-making – and, on Tuesday, Dec. 9, released their own suggested legislative fixes.

“When we’re in a big room together, to be honest, I’m not sure who I’m sitting next to, a Republican or Democratic prosecutor,” Wabash County Prosecutor Bill Hartley said.

“Candidly, we don’t care, because at the end of the day, we all have the same goal, and that’s public safety,” said Hartley, who is the president of the Association of Indiana Prosecuting Attorneys, which advocates for the state’s 91 elected prosecuting attorneys.

Prosecutors from around the state host a press conference in Indianapolis on Tuesday, Dec. 9. Courtesy Photo.

The group 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.

Association leaders “stand in complete agreement that we’re opposed to” the measure, according to Hartley.

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.”

Ireland accused prosecutors of trying to sidestep accountability in a Tuesday statement on X.

“It’s telling that the Association of Indiana Prosecuting Attorneys’ top priority today isn’t violent crime or public safety – it’s protecting their own from accountability,” he said.

Constitutional Changes Coming?

Prosecutors 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.

William C. Hartley, Jr.

Elkhart County Prosecutor Vicki Becker said ethics rules add another layer of accountability for prosecutors and judges.

“What we’ve seen recently is that when a prosecutor has done something where they have violated the oath of office, they step down from an ethical perspective, rather than having to be forced out by an impeachment,” said Becker, the association’s secretary and treasurer.

All are also up for election next year.

Ireland’s House Joint Resolution 1, however, would add prosecutors and circuit court judges to impeachment provisions.

One of those sections currently deals with state officers. Under his proposal, they could be removed from office for “crime, incapacity, or negligence” – through impeachment in the Indiana House, a trial in the Senate, or a joint resolution approved by both chambers.

They would also be added to a subsequent section specifying that state and local officers can be impeached, or removed from office, as “prescribed by law.”

“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.”

Association leaders argued the proposal “undermines” prosecutors’ freedom to make their own decisions.

Rodney Cummings

Madison County Prosecutor Rodney Cummings, an association member, said Ireland’s proposed changes are “not in the best interest of justice.”

“Rogue” prosecutor proposals have repeatedly been filed in recent years, but haven’t gone very far. Often cited as pretext is Marion County Prosecutor Ryan Mears.

Police, prosecutors and judges must work in concert – using the statutes lawmakers write – to maintain an effective criminal justice system, the association leaders said.

Cummings gave an example of two drivers — one in Marion County and the other in Madison County — who each killed multiple people in police chase crashes weeks apart in 2023. Both were sentenced this year.

In the Indianapolis case, Mears asked for 25 years in prison, but a judge sentenced the driver to two years behind bars and seven of home detention. In the Anderson case, the driver was sentenced to 35 years.

Agency Readies Own Fixes

Prosecutors on Tuesday, Dec. 9 released an alternative legislative agenda to “address violent crime and frequent felons.”

The platform includes mandatory minimum executed sentences for certain violent offenses or repeat offenders.

Vicki Becker

Becker noted Indiana Code contains a “very small” list of offenses with non-suspendable sentences and said it should be expanded.

Cummings also argued good time credits for prison sentences have gone too far.

Another goal is the expansion of “preventative” detention, when people accused of crimes are incarcerated before trial in an effort to avert future criminal acts.

Money is additionally a top priority.

About 83% of prosecutors’ offices are understaffed, according to Hartley, even as the number of criminal case filings trends higher. Association leaders said poorer and more rural counties particularly struggle to pay wages competitive enough to draw in prosecutorial staff.

Lawmakers put an appropriation into a prosecutor bill last session, but nixed it later after a dismal revenue forecast.

Correction: This article was corrected to reflect the involvement of the Association of Indiana Prosecuting Attorneys.