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ATTORNEY FOR THE RESPONDENT Kevin P. McGoff Indianapolis, Indiana

ATTORNEYS FOR THE INDIANA SUPREME COURT DISCIPLINARY COMMISSION G. Michael Witte, Executive Secretary Charles M. Kidd, Staff Attorney Indianapolis, Indiana

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Indiana Supreme Court
_________________________________ No. 18S00-0905-DI-220 IN THE MATTER OF: MARK R. MCKINNEY, Respondent. _________________________________ Attorney Discipline Action Hearing Officer Steven H. David1 _________________________________

In the

Jun 16 2011, 10:55 am

FILED
of the supreme court, court of appeals and tax court

CLERK

June 16, 2011 Per Curiam.

We find that Respondent, Mark R. McKinney, while serving as a deputy prosecuting attorney, conducted asset forfeiture proceedings in a manner that created a conflict of interest between his duties as a public official and the private gain he realized in the forfeiture proceedings. On numerous occasions when the ethics of the asset forfeiture procedures were called into question, Respondent turned a blind eye and acted to protect his private interest in his continued pursuit of forfeiture property. For this serious attorney misconduct, we find that

Respondent should be suspended from the practice of law in this state for 120 days with automatic reinstatement.
1

The Honorable Steven H. David was appointed as a Justice to this Court after his service as hearing officer in this case. Justice David is not participating in Supreme Court review of his hearing officer's report.

This matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary Commission's "Verified Complaint for Disciplinary Action," and on the post-hearing briefing by the parties. The

Respondent's 1991 admission to this state's bar subjects him to this Court's disciplinary jurisdiction. See IND. CONST. art. 7,

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Indiana Law