Former Indiana Deputy Prosecutor Suspended for Misconduct

A former chief deputy prosecutor in Knox County, Ind., was suspended for 90 days over his representation while working in that office of a woman with whom he’d had a relationship.

The Indiana Supreme Court found in its Wednesday opinion that Joseph Burton “committed attorney misconduct by abusing his prosecutorial authority as part of a campaign of retaliation against a detective” in the case.

Burton had been in an “an on-and-off sexual relationship” with the defendant, who faced methamphetamine-related charges, the court said.

The court said that he had a misconduct complaint filed against the detective following the woman’s conviction after finding out the detective had asked her about their relationship during an interview.

Burton also told the defendant that he would talk with a prosecutor about having her sentence modified. With regard to the complaint against the detective, Burton instructed her to let others know that he was representing her weeks before he “retired” in 2018, the court said.

These actions violated state ethics rule prohibiting representing a client when there is a concurrent conflict of interest; engaging in conduct prejudicial to the administration of justice; and implying an ability to improperly influence a government official, the court stated.

Burton’s substantial legal experience is an aggravating factor, while his lack of prior discipline, his remorse and cooperation with disciplinary proceedings, and his many years of public service mitigate his misconduct, it noted.

These factors and Burton’s misconduct warrant a 90-day suspension with automatic reinstatement, the court decided.

The case is In re Burton, 2020 BL 30400, Ind., No. Supreme Court Case No. 19S-DI-309, 1/29/20.