Marijuana Policy Project

MUNCIE — Delaware County judges unanimously approved new rules governing civil drug forfeitures Wednesday, two days after Circuit Court 2 Judge Richard Dailey found County Prosecutor Mark McKinney committed fraud on the court in his handling of those cases.

"This is going to make everything accountable and the money will go according to statute," said Circuit 1 Judge Marianne Vorhees, the local court system's presiding judge. "Everyone appreciate Judge Dailey's work."

The new rules end a practice during the administrations of McKinney, who took office last year, and his predecessor as prosecutor, Richard Reed, of allowing deputy prosecutors to handle civil forfeitures — along with using confidential agreements, abandoned property affidavits and other means — to seize and distribute money and property from accused drug dealers.

Checks and balances were also put in place to make certain money and assets go to local government general funds and common school funds, instead of accounts controlled by the Muncie-Delaware County Drug Task Force or Muncie police. And the county clerk's office will issue quarterly reports of those receipts and disbursements.

Dailey, who drafted the new rules with help from local and state officials, also made provisions that a civil drug forfeiture should not be adjudicated until the accompanying criminal case is disposed.

Circuit Court 5 Judge Chris Teagle said he liked the idea of judging the criminal case before ruling on forfeited money and property.

"That causes people to have more faith in the system," Teagle said.

Circuit Court 4 Judge John Feick had already imposed that rule after learning dozens of forfeiture cases had been resolved through by confidential agreements or default judgments that did not involve court hearings.

"That's what I have been saying all along," Feick said.

McKinney declined to comment on the new rules, saying only that he allowed his deputies to participate in the discussion.

The prosecutor said the Indiana Supreme Court had to approve the rules, although Vorhees said she believed the decision rested with local judges.

McKinney had halted all forfeiture actions until an agreement could be found on how to handle them.