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Bill > SJR0022


IN SJR0022

IN SJR0022
Suspension of prosecuting attorney.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Suspension of prosecuting attorney. Authorizes the governor to suspend a prosecuting attorney from office for malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or commission of a felony, and allows the governor to fill the office by appointment for the period of suspension. This proposed amendment has not been previously agreed to by a general assembly.

AI Summary

This joint resolution proposes an amendment to the Indiana Constitution that would expand the governor's authority regarding prosecuting attorneys. Specifically, the resolution would allow the governor to suspend a prosecuting attorney from office for various reasons, including malfeasance (wrongful execution of official duties), misfeasance (improper performance of duties), neglect of duty, incompetence, permanent inability to perform official duties, or commission of a felony. Under the proposed amendment, the governor would also have the power to fill the suspended office by appointment during the period of suspension and could reinstate the suspended prosecuting attorney at any time before removal. The proposed constitutional amendment would add new provisions to Article 7, Section 13, which currently only addresses removal of circuit court judges and prosecuting attorneys in cases of conviction of corruption or other high crimes. This resolution represents the first step in the constitutional amendment process, as it has been agreed to by the 124th General Assembly and will be referred to the next General Assembly for reconsideration and further agreement.

Committee Categories

Justice

Sponsors (2)

Last Action

Senate Judiciary Hearing (13:30:00 2/5/2025 Room 130) (on 02/05/2025)

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