Former Prosecutor Suspended

A 30-day suspension has been imposed by the Indiana Supreme Court

Respondent was employed as a deputy prosecutor. In discussions with defense counsel in three separate cases, it was determined in each case that the defendant was an appropriate candidate for pre-trial diversion. Accomplishing this result required the charging informations to be amended to reflect certain criteria. Respondent gained the necessary approvals and prepared amended charging informations with signature lines for herself as the attorney and for an investigator as the affiant providing the factual information for the charges. However, the investigator was not available to execute the documents when they were ready, and rather than waiting, Respondent signed the investigator’s name to each amended information without the investigator’s knowledge or consent. The amended informations were filed in court, and when the county prosecutor learned what had occurred, Respondent’s employment was terminated. A special prosecutor appointed to investigate Respondent’s conduct concluded that criminal charges were not warranted.

The parties cite Respondent’s prior disciplinary history as a fact in aggravation. In mitigation, the parties cite the following: (1) the special prosecutor’s determination that criminal charges were not warranted; (2) Respondent was motivated by convenience rather than selfishness and took responsibility for her misconduct; (3) Respondent cooperated with her now former employer, the special prosecutor, and the Commission in their investigations of her misconduct; (4) Respondent acknowledges her misconduct and is remorseful; and (5) Respondent suffered additional penalty by virtue of the termination of her employment.

(Mike Frisch)