On Tuesday, the Senate Corrections and Criminal Law Committee approved Senate Bill (SB) 436, which gives the Indiana Attorney General (AG) the power to appoint a special prosecutor to go after local cases in which county prosecutors have used their lawful discretion not to prosecute. Democratic Caucus Chair Karen Tallian (D-Ogden Dunes) gave the following comments on the bill:
“This bill is truly unbelievable! If SB 436 is signed into law, the AG can go into your county, supersede your local elected official and make you pay for all of it. What is even worse? Not one person testified in favor of this bill, and yet it was still approved.
“Furthermore, this bill may very well be unconstitutional. SB 436 creates a political circus by allowing the AG to negate the policies of local prosecutors with whom they disagree. Hoosiers use their voices by voting for the local prosecutors that share their same priorities. Under this bill, the AG can completely ignore the votes of Hoosiers and throw aside prosecutorial discretion. The AG can also make counties foot the bill for whatever local policy he or she decides to pursue.
“I urge all Hoosiers to call your legislators to oppose this state-sanctioned takeover of your local elected officials.”