This bill would give certain members of the Indiana General Assembly the power to establish a review board to investigate and request the appointment of a special prosecutor in cases in which a county prosecutor has used their lawful discretion not to prosecute. This bill would not only undermine the prosecutor’s authority but also the voter’s power to hold prosecutors accountable.
Prosecutors should be transparent with their policies and held accountable for their actions at the ballot box. SB 284 provides no transparency and allows a review board and members of the Indiana General Assembly to substitute their discretion for that of a county prosecutor. This bill would encourage members of the legislature to pick and choose prosecutorial policies when oversight should come, first and foremost, from voters.