Indiana’s elected prosecutors are opposing House Joint Resolution 1, a proposed constitutional amendment that would expand impeachment and removal provisions in the Indiana Constitution to explicitly include prosecuting attorneys and circuit court judges.

In a statement dated Jan. 6, 2026, the Indiana Prosecuting Attorneys Council and elected prosecutors said the resolution is being promoted as a response to “rogue prosecutors,” but they argue it would shift prosecutorial decision-making into a more political arena. The statement identifies Rep. Andrew Ireland as the author of HJR 1.

HJR 1 proposes changes to Article 6 of the Indiana Constitution to add “Circuit Court Judges” and “Prosecuting Attorneys” to provisions addressing removal and impeachment. Under the current constitutional structure, impeachment is handled by the General Assembly. As a constitutional amendment, HJR 1 would have to pass in two separately elected General Assemblies and then be approved by voters in a statewide referendum before taking effect.

Prosecutors said their opposition is based on what they described as the constitutional role and independence of elected prosecutors, who are chosen by voters in each judicial circuit. They said charging decisions and related case-handling choices require discretion and vary based on local circumstances, staffing, and resources.

The prosecutors’ statement also includes a legislative agenda they urged lawmakers to consider during the 2026 session. Their proposals focus on sentencing, pretrial detention, juvenile justice, and staffing:

  • Sentencing changes for violent crime. Prosecutors called for mandatory minimum executed sentences for certain violent offenses and changes they say would ensure longer terms of incarceration for repeat violent offenders.

  • Preventive detention. Prosecutors urged lawmakers to expand the ability of judges to hold certain defendants without bond before trial in cases involving violent or serious offenses.

  • Juvenile justice and illegal handgun cases. Prosecutors asked for expanded options to address juveniles accused of serious offenses involving illegal handgun possession, including changes that would allow more cases to be handled in adult court.

  • Credit time and “truth in sentencing.” Prosecutors called for revisions to credit-time practices they say reduce sentences significantly without corresponding rehabilitation outcomes. They said this undermines public confidence in sentencing and affects community safety.

  • Prosecutor staffing and funding. Prosecutors said caseloads and expanding discovery demands have increased staffing needs. They cited a study they said found Indiana short by roughly 385 prosecutors statewide. They asked lawmakers to provide additional funding for staffing and retention, including consideration of increased court costs that support local justice systems.

The statement framed the proposed public safety measures as alternatives to changing the constitution to expand impeachment and removal authority over prosecutors. Prosecutors said the issues lawmakers are seeking to address are better handled through criminal justice policy changes and funding decisions.

HJR 1 is expected to be debated during the 2026 legislative session.