What this office does
The prosecuting attorney is the elected lawyer who brings criminal cases on behalf of the State of Indiana, conducting all prosecutions for felonies, misdemeanors and infractions within the prosecutor's jurisdiction [1]. A prosecutor is elected in each judicial circuit rather than by county, and Indiana has 91 prosecuting attorneys [2, 3]. Candidates must be admitted to practice law in Indiana before the election [4]. Since July 2025, a state prosecutor review board can investigate complaints that a prosecutor is not following state law [5, 6].
The job in full — the duties the Indiana Code puts in it, the term, what it pays and who sets that, and what to ask a candidate.
- Term
- 4 years; prosecutors are elected in 2026, 2030, 2034 and every four years after that [2]
- Elected
- One prosecutor per judicial circuit, on the partisan November ballot; Democratic and Republican nominees are chosen in the May primary, while the Libertarian Party nominates prosecutor candidates at its state convention [2, 4]
- Term limit
- None; the office has a four-year term with no term limitations [7]
- Qualifications
- Must be admitted to the practice of law in Indiana before the election, be registered to vote in the election district by the candidate filing deadline, and file a statement of economic interest with the courts [4]
- Pay
- The state pays the minimum salary: for a full-time prosecutor, equal to the minimum salary of the circuit court judge in the same circuit, and 60% (66% in certain circuits) of that amount for other prosecutors [8]
- On the 2026 ballot
- 91 races; 11 contested [9]
What the law puts in this job (12)
- Conducts all prosecutions for felonies, misdemeanors and infractions within the prosecutor's jurisdiction, and performs other duties required by law [1].
- Represents the state in criminal cases, conducts criminal investigations, and convenes and oversees grand juries [7].
- Handles juvenile cases and prosecutes traffic and infraction violations [7].
- Enforces child support orders entered in divorce and paternity cases; the Indiana Prosecuting Attorneys Council runs a statewide child support services program to support this work [7, 3].
- Gives information and help to crime victims [7], and must notify the victim when the prosecutor withholds prosecution under a diversion agreement [10].
- May withhold prosecution of a misdemeanor, Level 6 felony or Level 5 felony if the person agrees in writing to a pretrial diversion program, with conditions such as treatment, restitution, fees or staying away from the victim; the program is not available for certain drunk-driving charges [10].
- Superintends lawsuits in which the county or certain trust funds have an interest [1].
- Appoints a chief deputy and other deputy prosecutors; the state pays set salaries for certain deputies, and the county council appropriates money each year for other deputies, investigators, clerical staff and office expenses [11].
- Works with the county sheriff, a separately elected officer who arrests suspects and runs the county jail, and with local police agencies [12, 13].
- Receives training, manuals and legal research support from the Indiana Prosecuting Attorneys Council, a state judicial branch agency governed by a board of 10 elected prosecutors [3].
- Since July 2025, can be the subject of a complaint to the state prosecutor review board, a board of five prosecuting attorneys that investigates whether a prosecutor is complying with state law and issues a report [6, 5].
- What the prosecutor does not control: judges decide whether a defendant is released on bail [14]; the county council appropriates the county's share of the office budget [11]; and the state sets the prosecutor's minimum salary [8].
What has changed in this job lately
Changes in the law the next officeholder will work under, most distant first.
March 2023
Senate Bill 284, which would have set up a procedure to appoint a special prosecutor when a prosecutor refuses to enforce a law, passed a House committee 9-4 and was sent to the Ways and Means Committee; the Indiana Prosecuting Attorneys Council supported that bill and the ACLU opposed it [15].
February 2025
As passed by the House 72-24, House Bill 1006 would have created a board to investigate prosecutors who categorically refuse to prosecute laws and required the Prosecuting Attorneys Council to withhold certain funding from a prosecutor labeled noncompliant; author Rep. Chris Jeter (R-Fishers) said it is lawmakers' job to make the law and prosecutors' job to enforce it, while Rep. Matt Pierce (D-Bloomington) said voters decide every four years how prosecutors use their resources [16].
May 2025
Gov. Mike Braun signed House Enrolled Act 1006 (Public Law 147-2025), which took effect July 1, 2025, and established the prosecutor review board [17, 5, 18].
July 2025
Mirror Indy reported that under the enacted law anyone can file a complaint, a board of five prosecuting attorneys investigates, and the law does not specify consequences beyond the board's report; Marion County Prosecutor Ryan Mears told Fox59 the law was deliberately targeted at his office, Jeter called it a step toward holding prosecutors accountable, and Chris Naylor of the Prosecuting Attorneys Council said his group did not oppose this version [6].
2025
House Enrolled Act 1006 also requires that two members of the Indiana Commission on Court Appointed Attorneys be trial court judges [5].
November 2026
Public Question 1 asks voters whether to amend the Indiana Constitution so courts can deny bail, for offenses other than murder or treason, when the state proves by clear and convincing evidence that no release conditions will reasonably protect others or the community [19].
2026
On the bail question, author Sen. Eric Koch (R-Bedford) said releasing some defendants before trial is too dangerous to public safety, while Samantha Bresnahan of the ACLU of Indiana said detention can cost someone their job, housing and custody of their children, and Zach Stock of the Indiana Public Defender Council raised concerns about jail overcrowding [14].
LaPorte County's numbers for this office
Legal Insights county office research (Oct. 13, 2026): Indiana Gateway budgets 2019-2026 and the indicator sources linked on each line.
Measured, for this county
A position compares this county with counties of similar size. It is not a grade: for most measures a higher or lower number is neither good nor bad on its own.
Trial-court workload per judicial officer · 2025
1.144
Weighted caseload: judicial need divided by judicial officers. Above 1.00 means more work than officers to handle it.
How much this is the officeholder's to decide: low: measures the trial courts' workload; the prosecutor's filings are one input
Position 6 of 17 counties with 50,000 to 150,000 residents that have this figure (1 = highest value)
source
Share of people in jail awaiting trial · 2019
8.0%
People held before trial as a share of the jail population.
How much this is the officeholder's to decide: low to partial: pretrial detention is decided by courts (bail) and prosecutors (charging); the county funds pretrial services
Position 16 of 16 counties with 50,000 to 150,000 residents that have this figure (1 = highest value)
source · source
About this race
- The prosecutor for the 32nd Judicial Circuit (La Porte County) is elected to a four-year term. Incumbent Sean Fagan lost the Republican primary, so the next prosecutor will be either his former chief deputy or the prosecutor he unseated in 2022 [23, 21].
- Republican primary, May 5, 2026: Chuck Watterson IV 3,631 (58.55%), Sean Fagan 2,571 (41.45%). John Lake was unopposed for the Democratic nomination with 4,823 votes [23, 27].
- Both nominees have worked in the office: Lake was prosecutor from 2019 through 2022, and Watterson was a deputy prosecutor under Lake and chief deputy under Fagan until December 2025 [28, 29, 25].
- No candidate forum or debate coverage from a free source was found for this race.
Who holds this seat now
Sean Fagan (Republican) — not on this ballot.
Sean Fagan, a Republican, has been La Porte County prosecutor since January 1, 2023, after defeating then-Prosecutor John Lake in 2022; he sought a second term but lost the May 5, 2026 Republican primary to his former chief deputy, Chuck Watterson IV, so the seat will change hands in January 2027 [20, 21, 22, 23].
Fagan's record in the job
- November 8, 2022: Fagan defeated Democratic incumbent John Lake 16,350 votes (51.46%) to 15,425 (48.54%) [21]. Fagan credited rising crime and 'last minute things that came up in this race' [24].
- November 2022: Before taking office, Fagan named attorney Chuck Watterson his chief deputy prosecutor and said he expected most deputy prosecutors to stay on, citing five murder cases expected to go to trial [20].
- January 2026: Fagan named county attorney Guy DiMartino chief deputy prosecutor, replacing Watterson, who had announced a run for prosecutor; DiMartino kept his county attorney duties [25].
- February 2026: Fagan announced he would seek a second term [22].
- May 2026: During the primary, Fagan said the county has 'invested heavily in law enforcement in terms of technology training, new pieces of equipment,' which he said helps police build cases faster and more thoroughly [26].
- May 5, 2026: Fagan lost the Republican primary, 2,571 votes (41.45%) to Watterson's 3,631 (58.55%) [23].
Candidates on the ballot
John Lake is a La Porte attorney and Democrat who was La Porte County prosecutor from 2019 through 2022, losing a re-election bid to Sean Fagan; he was unopposed for the Democratic nomination in 2026 [29, 24, 23].
Lake's background
- Elected La Porte County prosecutor in 2018 and served one term [29, 24].
- Lost re-election in November 2022 to Sean Fagan, 15,425 votes (48.54%) to 16,350 (51.46%) [21]; afterward he said he planned to open a private law practice [24].
- As prosecutor in 2021, discussed the office's work and reform efforts, cannabis legalization, sentencing rules and racial equity in the criminal justice system on a local radio program; the program page does not detail his positions [29].
Lake on the current officeholder
- After his 2022 loss, Lake attributed the result largely to the national political climate and straight-party voting [24].
How Lake got on the ballot
- Unopposed for the Democratic nomination on May 5, 2026, receiving 4,823 votes [23].
- Announced in February 2026 that he would seek the Democratic nomination [22].
What we could not find about Lake
- No campaign website or 2026 platform was found in free sources.
- Hometown News Now reported in May 2026 that Lake, 'questioning Fagan's ability to be prosecutor asked people to vote for Watterson'; the sentence is garbled and its context (timing, audience) is unclear, so it is not used above.
- His years of legal practice and earlier career before 2018 were not confirmed from a source used here.
- Local coverage (La Porte County Herald-Dispatch) could not be reviewed for this profile.
- No 2026 statements by Lake about Fagan's or Watterson's records were found in free sources.
- No endorsements were found in free sources.
CW
Chuck Watterson, IV
Republican
Chuck Watterson IV is a La Porte attorney who served as a deputy prosecutor under John Lake and as chief deputy prosecutor under Sean Fagan from January 2023 to December 2025; he defeated Fagan in the May 2026 Republican primary [28, 25, 23].
Watterson's background
- Earned his law degree from Valparaiso University School of Law in 2017 and has practiced in La Porte as both a prosecutor and a defense attorney [30].
- Was a deputy prosecutor under Prosecutor John Lake and chief deputy prosecutor under Prosecutor Sean Fagan until December 2025 [28, 25].
- Was practicing in Michigan City, prosecuting and defending criminal cases, when Fagan named him chief deputy in November 2022 [20].
- Former president of the La Porte County Election Board [31, 30].
- Sought the Republican nomination for La Porte Circuit Court judge in the 2024 primary [30].
Watterson's positions
Charging priorities
- Says he wants to make people think twice before committing crimes in La Porte County, and said 'it's too easy to be a defense attorney in LaPorte county right now' [26].
Watterson on the current officeholder
- During the primary, Watterson emphasized his own trial experience and, as Hometown News Now reported, Fagan's lack of it [28].
How Watterson got on the ballot
- Won the Republican nomination on May 5, 2026, defeating incumbent Sean Fagan 3,631 to 2,571 [23]. He said afterward, 'I wanted the people of La Porte County to pick who was best for the job' [28].
What we could not find about Watterson
- No campaign website or detailed platform (caseloads, diversion, staffing) was found in free sources.
- The outcome of his 2024 circuit court judge primary bid was not confirmed.
- Why he left the chief deputy post in December 2025 was not stated in the coverage reviewed.
- Local coverage (La Porte County Herald-Dispatch) could not be reviewed for this profile.
- No post-primary finance report was reviewed.
- No statements by Watterson about John Lake's tenure were found.
- No endorsements were found in free sources.
Key points
- The prosecutor for the 32nd Judicial Circuit (La Porte County) is elected to a four-year term. Incumbent Sean Fagan lost the Republican primary, so the next prosecutor will be either his former chief deputy or the prosecutor he unseated in 2022. (La Porte County, Indiana)
- Republican primary, May 5, 2026: Chuck Watterson IV 3,631 (58.55%), Sean Fagan 2,571 (41.45%). John Lake was unopposed for the Democratic nomination with 4,823 votes. (La Porte County, Indiana)
- Both nominees have worked in the office: Lake was prosecutor from 2019 through 2022, and Watterson was a deputy prosecutor under Lake and chief deputy under Fagan until December 2025. (Hometown News Now)
Sources
Researched Sunday, October 11, 2026
- Indiana Code 33-39-1-5: Duties of prosecuting attorneys (FindLaw (Indiana Code, current as of 2026-01-01))
- Indiana Code 3-10-2-12: Election of prosecuting attorneys (FindLaw (Indiana Code, current as of 2026-01-01))
- Indiana Prosecuting Attorneys Council (Indiana Prosecuting Attorneys Council)
- 2026 Indiana Candidate Guide (Prosecuting Attorney) (Indiana Election Division)
- Prosecutors (H.E.A. 1006, P.L. 147-2025) (Indiana Legislative Update, Indiana Office of Court Services)
- How a new Indiana law about 'noncompliant prosecutors' could affect Indy (Mirror Indy)
- Prosecutor's Office (Clark County, Indiana)
- Indiana Code 33-39-6-5: Prosecuting attorney salaries (FindLaw (Indiana Code, current as of 2026-01-01))
- 2026 General Election Candidate List (Indiana Election Division)
- Indiana Code 33-39-1-8: Pretrial diversion (FindLaw (Indiana Code, current as of 2026-01-01))
- Indiana Code 33-39-6-2: Deputy prosecuting attorneys (FindLaw (Indiana Code, current as of 2026-01-01))
- Indiana Code 36-2-13-5: Duties of sheriff (FindLaw (Indiana Code, current as of 2026-01-01))
- 2026 ISA President Statement (Jeffrey A. Balon, Porter County Sheriff) (Indiana Sheriffs' Association)
- Amendment to deny bail to some offenders moves closer to November ballot (WFYI (via Indiana Public Media))
- Noncompliant prosecuting attorneys (SB 284) (Indiana Legislative Update, Indiana Office of Court Services)
- Indiana House OKs bill that could give county prosecutors less discretion (Indiana Capital Chronicle (via The Indiana Lawyer))
- IN HB1006 (2025): Prosecutors (BillTrack50)
- Michiana-area lawmaker supports new bill aiming to hold prosecutors accountable (WNDU)
- Indiana bail amendment clears General Assembly, sending detention question to November ballot (IndyPolitics.Org (reporting by Indiana Capital Chronicle))
- Incoming Prosecutor Names Chief Deputy (Hometown News Now)
- Election Summary Report, 2022 General Election (La Porte County, Indiana)
- Prosecutor Seeking Reelection (Hometown News Now)
- Election Summary Report, 2026 Primary Election (La Porte County, Indiana)
- Prosecutor Loses Reelection Bid (Hometown News Now)
- County Attorney Named Chief Deputy Prosecutor (Hometown News Now)
- YOUR VOICE, YOUR VOTE: Tracking La Porte County prosecutor primary election (ABC57)
- Chuck Watterson wins Republican nomination for LaPorte County Prosecutor (WSBT 22)
- Watterson Gains GOP Nomination for Prosecutor (Hometown News Now)
- The SOUND OFF Podcast: John Lake (Hometown News Now)
- Judge is Candidate's Dream Job (Hometown News Now)
- Letter from Chuck Watterson, La Porte County Election Board President (2022 primary) (La Porte County, Indiana)
- What's included
- the U.S. House, statewide offices, every Indiana House and Senate district on the ballot, Indiana's statewide public questions and judicial retention questions, and county, township, city, town and school board races from the Indiana Election Division's candidate list.
- Everything else
- Local races (county, city, school board, judges) and anything else on your ballot are on your official sample ballot: IndianaVoters.in.gov.
- Candidate lists
- As of Sunday, October 18, 2026.
- At the polls
- Indiana law lets you bring a list of candidates and public questions into the polling place, including one stored on your phone, as long as you don't electioneer. IC 3-11-8-18.5
This is not an official ballot. Confirm your registration, polling place and ballot with your election office through vote.gov.