Indiana Order Appointing Special Prosecutor is a legal document issued by an Indiana court to appoint a special prosecutor to handle a specific case or investigation. This order is specifically relevant in cases where regular prosecutors may have a conflict of interest or when an impartial investigation is necessary. Keywords: Indiana, Order Appointing Special Prosecutor, legal document, court, special prosecutor, conflict of interest, impartial investigation. There are different types of Indiana Orders Appointing Special Prosecutor based on the nature of the case or investigation. Some common types include: 1. Criminal Cases: In criminal cases, an Indiana Order Appointing Special Prosecutor may be issued when the regular prosecutor has a conflict of interest or when there is a need for an independent investigation. This ensures a fair trial and impartial handling of the case. 2. Public Corruption: In cases involving allegations of public corruption, such as bribery, embezzlement, or abuse of power by public officials, the court may appoint a special prosecutor to ensure the investigation and prosecution are conducted without any bias or influence. 3. Police Misconduct Cases: When allegations of police misconduct, excessive use of force, or violation of civil rights arise, an Indiana Order Appointing Special Prosecutor may be invoked to avoid conflicts and provide an unbiased investigation. 4. Conflict of Interest: If the regular prosecuting attorney has a personal or professional relationship with any of the parties involved in the case, a special prosecutor can be appointed to maintain the integrity of the legal proceedings. 5. Judicial Disqualification: In situations where the judge has a conflict of interest, an Indiana Order Appointing Special Prosecutor may be employed to handle the case, ensuring a fair trial and maintaining the public's trust in the judicial system. 6. Sensitive Cases: Certain cases involving sensitive matters, such as high-profile or politically charged cases, may require the appointment of a special prosecutor to mitigate any potential bias, influence, or interference. Overall, an Indiana Order Appointing Special Prosecutor is a crucial legal instrument that ensures fairness, impartiality, and the rule of law in specific cases where conflicts of interest or the need for an independent investigation arise.
Indiana Order Appointing Special Prosecutor
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Code § 30-5-2-7. "Power of attorney" means a writing or other record that grants authority to an attorney in fact or agent to act in place of a principal, whether the term "power of attorney" is used.
(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by ...
A senior prosecuting attorney may be appointed to serve as a special prosecutor in a county in which the senior prosecuting attorney previously served if the court finds that the appointment would not create the appearance of impropriety.
The concept originates in state law: "state courts have traditionally appointed special prosecutors when the regular government attorney was disqualified from a case, whether for incapacitation or interest."
A special prosecutor is a prosecutor who is independent of an office that would normally exercise jurisdiction in a criminal investigation?to avoid potential conflicts of interest or to facilitate subject matter area expertise.
"I do solemnly swear or affirm that: I will support the Constitution of the United States and the Constitution of the State of Indiana; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any action, proceeding, or defense which shall appear to me to be unjust, but ...
