Bill aimed at "noncompliant" county prosecutors moves forward

INDIANAPOLIS — An effort is moving forward that would allow the Indiana Attorney General to intervene with a county prosecutor’s decision.

Sen. Mike Young, R-Indianapolis, filed Senate Bill 165 to address what he calls “social justice prosecutors.”

Young did not name specific prosecutors.

“It’s not about names,” said Young. “It’s about people who don’t do their job.”

In 2019, Marion County prosecutor Ryan Mears made headlines when he announced his office would no longer prosecute simple marijuana cases so his office could focus on violent crime.

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“It’s been clearly demonstrated to us that the enforcement of marijuana laws have had a disproportionate impact on people of color,” Mears said in 2019. “We believe that is a wrong that we need to right.”

Senator Young says county prosecutors should enforce the state’s laws even if they don’t agree with them.

"It's not up to them to decide which laws to enforce or not enforce," said Young. “I began seeing these articles about social justice prosecutors and they weren't prosecuting certain drug laws, paraphernalia. They weren't enforcing theft laws."

Young also pointed to a list of prosecutors across the country who said if Roe V. Wade is overturned, they will not criminally prosecute violators.

Marion County prosecutor Ryan Mears’ name is on the list.

"They in essence have become legislatures — determining what laws are valid and which ones aren't,” said Young.

Young explained how the program would be funded.

“The special prosecutor would be paid for by funds from the county that has the noncompliant prosecutor,” said Young. “We don’t want the taxpayers, someone that is doing their job, to have to pay for someone who is not doing their job.”

Here’s what the bill will not do: a citizen can’t request the Attorney General to step in because they’re frustrated a county prosecutor declined to file charges.

"Noncompliant prosecutors do need to be held responsible,” said Stephanie Stewart of Carmel. “Currently there's no way to do anything."

WRTV first introduced you to Stephanie Stewart back in October.

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Stewart says she was raped in her home, but Hamilton County prosecutors declined to file charges—Senate Bill 165 won’t help situations like hers.

"I feel like there should be some sort of review board or something,” said Stewart. “I don't think it's fair. I had bruises all over my body, so how is that not force?"

Under Senate Bill 165, prosecutors will still have individual discretion and can’t prosecute cases they know they can’t win.

“That's way too much power,” said Stewart. “There has to be checks and balances."

Indiana Attorney General Todd Rokita’s office supports Senate Bill 165.

“While we believe in individual prosecutorial discretion (when a prosecutor reviews the facts of each individual case before determining whether to press charges), we do not feel that a prosecutor should categorically refuse to prosecute crimes created by the legislature,” said Jared Bond, legislative director for the Attorney General in a statement to WRTV. “If a prosecutor feels that a law is outdated, that prosecutor has the ability to bring that concern or idea to the General Assembly, just as any Hoosier can do.”

The Indiana Prosecuting Attorneys Council disagrees.

“Anytime there is a bill that attempts to limit prosecutor discretion, prosecutors will oppose it and we have been against several similar bills in the past that have been offered,” read a statement from IPAC.

Marion County Prosecutor Ryan Mears’ office also disagrees with Senate Bill 165.

Their statement took aim at the lack of action this session on marijuana issues.

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“It is disappointing that legislators are spending their limited time focusing on this rather than the real issue: marijuana,” read the statement. “This is an issue that members of their caucus and a majority of Hoosiers believe deserves an earnest discussion."

The bill has already passed the Senate and has been assigned to the House Courts and Criminal Code Committee.

It has until February 25 to get a hearing, or it will not move forward this year.

This is the third time this type of legislation has been attempted.

“The third time could be the charm,” said Young.