INDIANAPOLIS — Prosecuting attorneys from all over the Hoosier state descended on the state's capital Tuesday morning to oppose the proposed amendment to the Indiana Constitution that would create a process by which the General Assembly could impeach circuit court judges and prosecuting attorneys.
The amendment, proposed by Republican Rep. Andrew Ireland (Indianapolis) of Indiana's 90th district, would allow the judges and prosecutors to "be impeached for crime, incapacity, or negligence, or impeached or removed from office as prescribed by law," according to the proposed amendment.
Ireland has said on social media that the amendment would target so-called "rogue" judges and prosecutors who “refuse to hold violent criminals accountable.”
In a statement to The Times, Lake County Prosecutor Bernard Carter said he was "adamantly opposed to any measure that would attempt to diminish the independence of Indiana's prosecuting attorneys."
"Prosecutors are elected by the people they serve and should be answerable only to the voters," Carter said. "Allowing the legislature to impeach locally elected prosecutors would undermine our justice system and open the door to other egregious abuses of power. It has always been my job, and will continue to be, to do what is right under the law and protect the citizens of Lake County fearlessly and without favor."
Constitutional amendments are historically difficult to pass, and the Indiana Constitution has been amended just 46 times since it was adopted in 1816.
If Ireland's amendment were to be approved by both the House and Senate this session, it would be forwarded to either the 2027 or 2028 General Assembly for a final decision on submitting the constitutional change to Indiana voters for potential ratification during the 2028 general election.
In Indianapolis on Tuesday, prosecutors who were already in town for the Indiana Prosecuting Attorneys Council (IPAC) conference stood behind a lectern in a public display of opposition to the proposed amendment.
“Rep. Ireland is suggesting that the challenges facing our criminal justice system stem from prosecutors exercising prosecutorial discretion,” said Wabash County Prosecutor Bill Hartley, who spoke at the press conference. “These attacks oversimplify complex, systemic issues, and mislead the public. Public safety is a shared responsibility and will not be improved by eliminating prosecutorial discretion or impeaching elected prosecutors.”
Madison County Prosecutor Rodney Cummings and Elkhart County Prosecutor Vicki Becker spoke about how Ireland's social media posts and comments to the media "mislead the public and create a narrative that tarnishes the work that prosecutors do to keep safety a priority in Hoosier communities," according to an IPAC news release.
“There are no rogue prosecutors in Indiana. This resolution is a waste of time when the focus could be on ways to uplift and support our prosecutors who work tirelessly to keep our communities safe,” Cummings said.
“Despite this distraction filed by Ireland, Indiana’s prosecutors remain committed to ensuring justice for victims and their families,” Becker added.
In a statement reacting to the news conference, Ireland defended his stance and likened the proposed impeachment of judges and prosecutors to existing rules that allow the General Assembly to impeach the Governor, Lieutenant Governor and other political offices in Indiana.
"It's telling that the Association of Indiana Prosecuting Attorneys' top priority today isn't violent crime or public safety — it's protecting their own from accountability," Ireland said.
Ireland's proposal has gained national attention, including from Elon Musk, who said on his social media site X, formerly known as Twitter, that it "has to be done nationwide."
© Copyright 2025, nwitimes.com, Munster, IN