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].
Marion 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.
Budgeted separately, not included above: IV-D child support and victim assistance (depts 0660, 0290), $8.1 million.
- Marion County (Unigov): county-unit figures only.
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
1.096
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 8 of 11 counties with 150,000 or more residents that have this figure (1 = highest value)
source
Share of people in jail awaiting trial · 2023
87.0%
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 3 of 11 counties with 150,000 or more residents that have this figure (1 = highest value)
source · source
About this race
- Marion County (Indianapolis) is the state's largest county; Mears, the Democratic incumbent, is seeking a second full term against Republican Philip Foust, a former deputy prosecutor who worked under him [25, 23].
- Each was the only candidate of his party to file, and IndyStar reported both were likely to be unopposed in the May 5, 2026 primary [23, 22]. Both names appear on the general-election ballot [9].
- A Marion County Republican Party poll conducted by Opinion Diagnostics (1,363 registered voters, July 7-13, 2026, margin of error 2.7%) found Mears 37%, Foust 28% and 35% undecided [29].
- Main differences: Mears points to conviction rates in violent-crime cases, public corruption investigations and attention to addiction, housing and mental health [20, 22]; Foust says the office has become too lenient, emphasizes juvenile crime and repeat offenders, and says relations with IMPD need repair [30, 23].
- No 2026 debate or forum between the two was found in sources reviewed for this profile.
Who holds this seat now
Ryan Mears (Democratic) — on this ballot, standing again.
Mears's record in the job
- October 2019: Chosen by a Marion County Democratic Party caucus after Terry Curry stepped down [20]; he won the caucus 157-147 over Tim Moriarty, with Curry's backing [21].
- 2019: The office stopped prosecuting simple marijuana possession [23]. In January 2020 a state Senate committee approved, 6-3, a bill that would let the attorney general appoint a special prosecutor when a local prosecutor makes a policy decision not to prosecute certain crimes; WBOI reported the committee was targeting Mears over marijuana cases [24].
- November 2022: Won a full term, defeating Republican Cyndi Carrasco 59% to 41% [25].
- Republicans have criticized him for declining to prosecute simple marijuana possession cases and for saying he will not prosecute women or doctors under Indiana's abortion law; Mears says he is focusing resources on violent crime [21].
- July 2025: After a downtown Independence Day weekend shooting in which two minors were killed, the office said it was working with IMPD on possible stricter enforcement of neglect charges against parents of juvenile offenders; spokesperson Michael Leffler said the discussions "have been ongoing for some time, but certainly have ramped up in recent weeks" [26].
- January 2026: Mears said that for the third straight year the office won convictions in 90% of homicide cases charged, 100% of sexual assault cases brought and 77% of serious felony cases pursued [20]; IndyStar reported prosecutors filed murder charges in 86 cases in 2025 [22]. These are the office's and campaign's figures.
- January 2026: Mears said his office would make public corruption a priority and that "as we move into 2026, you're going to see some filings related to some of these investigations," referring to pending grand jury matters involving city and state officials; he declined to comment on specific cases [22, 21].
- January 2026: Fraternal Order of Police Lodge #86 President Rick Snyder called on Mears to release data on gun cases referred to his office and their outcomes [20].
- March 2026: Mears called the state's new homeless camping ban "bad policy" that would be "very difficult to implement," saying, "We are asking law enforcement to do things that they typically do not have responsibility for" [27].
- June 2026: After state Rep. Andrew Ireland called on Mears to investigate the Hogsett administration or request a special prosecutor, Mears' spokesperson said, "As with any matter presented by law enforcement, our office would review the evidence and determine whether charges are warranted" [28].
- The office also uses diversion programs, including one that steers participants toward housing instead of prosecution [23], and restorative programs such as helping drivers restore their licenses [20].
Candidates on the ballot
Foust is the Speedway clerk-treasurer and a Realtor, and was a Marion County deputy prosecutor from 2015 to 2021 [23]. He says the office should focus more on repeat offenders and juvenile crime and repair relations with police [30].
Foust's background
- Grew up in Pike Township; graduate of IUPUI and Harvard Law School [25].
- Began his career with three years as an associate at a Chicago law firm [23].
- Marion County deputy prosecutor from 2015 to 2021 under Prosecutors Terry Curry and Ryan Mears, handling cases from juvenile offenses to murder [23]; earlier interned under Prosecutor Carl Brizzi [30]. His campaign site lists murder, robbery, OVWI and juvenile cases [31].
- Left the prosecutor's office in 2021 and became a Realtor at Weichert, a role he still held in February 2026 [23].
- Chosen by special caucus as Speedway clerk-treasurer in January 2023, then elected to a full term that year without opposition [23].
Foust's positions
Juvenile justice
- Calls juvenile crime a "five-alarm fire," saying too many teens show "no respect and no fear" of the juvenile system; wants more transparency and more consistent consequences for repeat juvenile offenders [30].
- His campaign site lists "clear standards, real consequences" and a juvenile system the public can see [31].
Charging priorities
- Disputes that Marion County jails too many people; says a small group of repeat offenders drives much of the crime and that habitual-offender, gang and firearm sentencing enhancements are underused [30].
- Said in his announcement: "When prosecutors treat repeat offenders like victims, the result is predictable" and "I will not be the county's chief social worker or an extension of the public defender's office" [23].
Violent crime
- Says domestic violence cases can escalate quickly and should not be treated as routine, even when victims hesitate to cooperate [30].
- Says the office should regularly attend a weekly violence-prevention task force with local, state and federal partners, saying public safety "requires teamwork" [30].
Transparency
- Says matters involving the Hogsett administration should go to a special prosecutor to avoid any appearance of political motivation [30].
How Foust would run the office
- Review cases involving the worst repeat offenders, and use of sentencing enhancements, in his first 100 days [30, 31].
- Improve information-sharing with neighboring counties and the Indiana Prosecuting Attorneys Council [30]; work with police, surrounding prosecutors and the Statehouse [31].
Foust on the current officeholder
- Said in his Feb. 5 announcement: "For too long, Prosecutor Mears has lost sight of his most basic responsibilities: justice and public safety" [25].
- Says the office's relationship with IMPD is "at an all-time low," criticizes the removal of prosecutors from district offices, and says the office does not regularly attend a weekly violence-prevention task force [30].
- Says Mears opened a tax-case probe in Broad Ripple but says the office cannot independently investigate allegations involving the Hogsett administration without a police referral, which Foust calls a double standard [30].
- Told Mirror Indy that residents are "fed up" with Mears treating the county "like an ideological experiment" [29].
How Foust got on the ballot
- Announced Feb. 5, 2026; the only Republican to file [25]. IndyStar reported he was likely unopposed in the May primary [23]. He is the Republican nominee on the ballot [9].
Foust's endorsements and funding
- His campaign site lists endorsements from Indianapolis Fraternal Order of Police Lodge #86 and the Indiana State Police Alliance [31].
- Marion County Republican Chair Natalie Goodwin praised his "rigorous legal training, battle-tested courtroom experience, and a proven record of public service" [25].
What we could not find about Foust
- May 5, 2026 primary vote totals were not confirmed for this profile.
- FOP Lodge #86 endorsement confirmed only on the candidate's own site, not in news coverage.
- No fundraising figures after April 15, 2026 were found.
- No positions found on drugs and treatment, victims' services or office staffing and budget.
Foust's campaign website
RM
Ryan Mears
DemocraticIncumbent
Mears has been Marion County Prosecutor since 2019 and was a deputy prosecutor in the office for more than a decade before that [22]. He says he is focused on violent crime, victims and public corruption, and on addiction, housing and mental health as root causes [20].
Mears's background
- Indianapolis native; earned his law degree from the Indiana University Robert H. McKinney School of Law [21].
- Deputy prosecutor in the Marion County office for more than a decade before becoming prosecutor [22].
- Marion County Prosecutor since 2019 [22].
Mears's positions
Violent crime
- Says he aims to "be tough on crime and fair on justice" and that his reelection focus is prosecuting violent offenders, supporting victims and rebuilding public trust: "Public safety isn't a slogan. It's a responsibility" [20].
- Said constituents want the office to be "on point with murder cases" and "with cases involving children" [22].
Drugs & treatment
- Has deemphasized minor cases such as marijuana possession [20]; wants to address addiction, housing and mental health, which he sees as root causes that show up in the justice system [20, 22].
Transparency
- Says "we have to be very involved in issues as it relates to public corruption" [22] and that public corruption cases will be a priority [20].
Charging priorities
- Called the state homeless camping ban "bad policy" and questioned whether police could build strong enough cases under it [27].
How Mears would run the office
- Said in January 2026 he expected filings in 2026 from public corruption investigations begun over the prior 18 months [20].
- Continue restorative programs such as helping drivers restore licenses and setting up child-support payment plans [20].
Mears on the current officeholder
- Is the current officeholder.
- Rejects Republican claims that he is too lenient, pointing to guilty verdicts in at least 90% of murder trials in 2025, the third straight year at that level [22].
How Mears got on the ballot
- Filed for reelection Jan. 27, 2026 at the Secretary of State's office [20]; IndyStar reported he was the only candidate of either party running at that time [22]. He is the Democratic nominee on the ballot [9].
What we could not find about Mears
- No campaign website or 2026 endorsements were confirmed for this profile.
- May 5, 2026 primary vote totals were not confirmed for this profile.
- Conviction-rate figures are the office's and campaign's own; no independent verification was found.
- No direct response from Mears to Foust's criticisms (IMPD relations, district offices, task force attendance) was found.
- No statement by Mears about Foust specifically was found in sources reviewed.
Key points
- Marion County (Indianapolis) is the state's largest county; Mears, the Democratic incumbent, is seeking a second full term against Republican Philip Foust, a former deputy prosecutor who worked under him. (Mirror Indy)
- Each was the only candidate of his party to file, and IndyStar reported both were likely to be unopposed in the May 5, 2026 primary. Both names appear on the general-election ballot. (Indianapolis Star (via Yahoo News))
- Main differences: Mears points to conviction rates in violent-crime cases, public corruption investigations and attention to addiction, housing and mental health; Foust says the office has become too lenient, emphasizes juvenile crime and repeat offenders, and says relations with IMPD need repair. (FOX59/CBS4)
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))
- Ryan Mears announces reelection bid for Marion County prosecutor (FOX59/CBS4)
- Ryan Mears announces reelection bid for county prosecutor (WFYI / Mirror Indy)
- Mears to seek reelection as Marion County prosecutor. Will he run for mayor? (Indianapolis Star (via Yahoo News))
- Speedway Republican challenges Marion County Prosecutor Mears, his former boss (Indianapolis Star (via Yahoo News))
- Senate Committee Targets Marion County Prosecutor Over Marijuana Cases (WBOI)
- Speedway official announces run for Marion County prosecutor (Mirror Indy)
- Prosecutor and police explore neglect charges for parents amid youth violence (Mirror Indy (from WISH-TV))
- 'Bad policy': Indy's prosecutor doesn't like homeless camping ban (Mirror Indy)
- State lawmaker calls for prosecutor to investigate Hogsett administration (Mirror Indy)
- GOP Poll: Mears holds edge in Marion County prosecutor's race (Mirror Indy)
- A Few Minutes with Phil Foust (IndyPolitics.Org)
- Philip Foust for Marion County Prosecutor (campaign site) (Foust campaign)
- 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
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