Editorial Roundup: Indiana

KPC News. Feb. 28, 2021. Editorial: Lawmakers should abandon micromanaging prosecutors In the latest episode of ‘œpro-local-control’� lawmakers doing the exact opposite, Indiana senators advanced a bill that would allow the Indiana attorney general to go over the heads of local prosecutors. Senate Bill 200, authored by Sen. Mike Young, R-Indianapolis, ‘œpermits the attorney general to request the appointment of a special prosecuting attorney if a prosecuting attorney is categorically refusing to prosecute certain crimes.’� Although Young will claim otherwise, most people recognize the bill was filed primarily to try to overrule Marion County Prosecutor Ryan Mears’ decision to no longer prosecute people for possession of small amounts of marijuana. That policy does not prevent prosecutions for larger amounts, dealing or other charges like driving while intoxicated. While some states are legalizing recreational use of marijuana outright – with Virginia poised to maybe become the next – other states or localities have moved to reduce or even eliminate penalties on small-time users. Indiana, as it usually does, is moving in a regressive fashion on those progressive policies. Minorities are disproportionately charged with marijuana offenses – Black Americans are more than three times as likely to be arrested for marijuana use than white Americans, even though Blacks and whites use marijuana at nearly equal rates. Possession of marijuana less than 30 grams, the type of charge Marion County isn’t focusing on, is a Class A misdemeanor, punishable by up to a year in jail and a fine up to $5,000. Those cases take up as much time on the court calendar and in the prosecutor’s workload but typically end up with little punishment and more burden to the community corrections and probation departments, as well as financial burden on offenders. In the interest of equity, effort and time, Marion County decided to de-emphasize minor marijuana charges. All prosecutors have discretion to charge what they want and at what level they feel rises to the circumstances and their ability to prove in court. Prosecutors may have different opinions and attitudes about certain types of crimes, being more lenient on some while going after others harder. Like any job, prosecutors have limited staff and time and aim to do the most public good with the resources available. First, Young’s bill aims to essentially overrule local prosecutorial discretion at the whim of the attorney general’s office. Second, it overrules the will of voters who choose who to elect or not into the prosecutor’s office every four years. Mears was elected into the prosecutor’s office in Indianapolis because a majority of the voters in the city agreed with his vision of enforcing the law more so than the other guy. If Indianapolis residents think marijuana should be prosecuted more harshly, they’ll have plenty of opportunity to voice that opinion the next time elections come up. And third, it’s a waste of resources. How many people and how much money is the Indiana attorney general likely to spend hiring special prosecutors to go after people carrying a couple joints to land a sentence that’s likely to include probation, some fines and maybe a weekend in jail? Nationally, 67% of Americans believe marijuana should be decriminalized, according to a 2019 poll by the Pew Research Center. That’s been a majority position since around 2010, a decade ago. Indiana lawmakers should oppose efforts to strip local control from prosecutors and reject attempts to cling to unequal legal enforcement of a crime that most Americans don’t even believe should be a crime any longer. We encourage our local Reps. Dave Abbott, Ben Smaltz and Denny Zent to reject SB 200 when it arrives for debate in the House. ___