"MUNCIE -- The Indiana Supreme Court took emergency action Friday over Delaware Circuit Court 2 Judge Richard Dailey's handling of forfeiture cases to decide whether Prosecutor Mark McKinney and drug task force officers committed fraud.
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McKinney filed a petition on Thursday, alleging Dailey exceeded his authority in 54 forfeiture cases by reassuming jurisdiction after Circuit Court 4 Judge John Feick recused himself from the cases. The prosecutor sought to have a special judge named in the hearings.
Dailey planned to continue a hearing Friday from last week to review the forfeiture cases and review scores of confidential agreements used to seize property and money from suspected drug dealers before McKinney sought the supreme court's intervention.
Chief Justice Randall Shepard, after conferring with other justices Friday morning, issued an emergency order allowing Dailey to proceed with forfeiture hearings, but told the judge to refrain from any orders in those cases until the court decides the jurisdictional issue."
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