Indiana prosecutors hope to fend off a proposed constitutional amendment they say could politicize prosecutorial decision-making — and, on Tuesday, 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 Indiana Prosecuting Attorneys Council’s board of directors.
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 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.
“The Association believe their members should continue to enjoy a special carve-out from accountability. I don’t buy that for a second, and I don’t think Hoosiers do either,” the statement read. “Hundreds of thousands of Americans have celebrated this proposal online, and Elon Musk put it plainly: This ‘(h)as to be done nationwide.’ When people across the country are saying the same thing, maybe the problem isn’t my amendment, maybe it’s the culture of zero accountability.”
Constitutional changes coming?
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.
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, who is IPAC’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.”
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.”
Madison County Prosecutor Rodney Cummings, another IPAC board member, said Ireland’s proposed changes are “not in the best interest of justice.”
“How is a prosecutor going to feel that he has the discretion to make a decision in an individual case when he’s looking over his shoulder …?” Cummings said. “… We have to have the freedom to make decisions that are in the best interest of the victims, the state and criminal defendants.”
“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.
“I’m not here to defend the Marion County prosecutor,” Cummings said. “We have very different political philosophies, but the reality is, he takes a lot of criticism for things he has no control over.”
Police, prosecutors and judges must work in concert — using the statutes lawmakers write — to maintain an effective criminal justice system, the IPAC 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
IPAC on Tuesday 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.
Becker noted Indiana Code contains a “very small” list of offenses with non-suspendable sentences and said it should be expanded.
Judges “can actually impose even a home detention … to satisfy that non-suspendable part,” she added. “That’s why this statutory framework is so important, because judges can find ways to, I suppose, find those loopholes. And that’s not what our communities want.”
Cummings also argued good time credits for prison sentences have gone too far, with offenders getting “massive time cuts for things that have nothing to do with” rehabilitation.
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.
“It’s almost like the criminal justice system has to be reactive because we haven’t been given the tools to be proactive,” Becker said.
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. IPAC 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.
“Is it going to cost money? Yes, it is. The question is … What’s it worth to you?” Becker said. ” … This is what our taxpayer dollars are supposed to go for, is public safety.”
“It’s symbolism over substance all day long, and it’s just not getting the job done,” she added.
Indiana Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: info@indianacapitalchronicle.com.
