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].
Vigo 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), $1.2 million.
- Includes $73,792 in funds named for the office (for example a commissary or perpetuation fund) that are not coded to its department.
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
1.217
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 1 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 · 2023
95.0%
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 1 of 16 counties with 50,000 to 150,000 residents that have this figure (1 = highest value)
source · source
About this race
- Rematch of 2022: incumbent Republican Terry Modesitt, prosecutor since 2007, again faces Democrat Johnny Vaughn, whom he defeated 60.89% to 39.11% in the 2022 general election (unofficial) [20, 21].
- Modesitt filed on January 16, 2026 and Vaughn on January 30, 2026 [9]. No May 5, 2026 primary results for this office were found.
- Key differences in 2022: Vaughn proposed attending every initial hearing to review bond and said he would not prosecute small cannabis-use charges; Modesitt emphasized experience and managing the case backlog and jail population [22]. No 2026 statements by either candidate were found.
- No 2026 forums or debates featuring this race were found.
Who holds this seat now
Terry R. Modesitt (Republican) — on this ballot, standing again.
Modesitt's record in the job
- Before taking office: served as a deputy prosecutor [20]; in 2022 he said that when first elected he "was 49 and had been a trial deputy here at the Prosecutor's Office for 22 years" [22].
- January 1, 2007: Took office as Vigo County prosecutor [20].
- November 2022: Re-elected over Vaughn, 16,320 votes (60.89%) to 10,481 (39.11%), with 88 of 89 precincts reporting (final unofficial results) [21].
- 2022: Said the job involved managing 50 employees and budgets for several departments, including Adult Protective Services and Victims' Assistance, and that the office's case backlog had grown to about 4,500 during the COVID-19 pandemic [22].
- No 2025–2026 reporting on the office's caseloads, staffing or budget was found in freely available sources.
Candidates on the ballot
TM
Terry R. Modesitt
RepublicanIncumbent
Modesitt has been Vigo County prosecutor since January 1, 2007, after serving as a deputy prosecutor [20].
Modesitt's background
- Undergraduate degree from Indiana State University; J.D. from Indiana University in Indianapolis [20].
- Trial deputy in the Vigo County Prosecutor's Office for 22 years before becoming prosecutor, by his own account in 2022 [22].
- Vigo County prosecutor since January 1, 2007 [20].
Modesitt's positions
Caseloads & backlog
- In 2022 he said he aimed to keep managing a case backlog that grew to about 4,500 during COVID-19 and to keep prosecutions efficient to prevent jail overcrowding: "Let's try to be as efficient as possible moving forward even once we get in the new jail" [22].
Drugs & treatment
- In 2022 he said, "I support all the drug recovery programs here locally, those type of things too" [22].
How Modesitt would run the office
- 2022 plans: continue managing the backlog and keep prosecutions efficient to limit jail overcrowding [22]. No 2026 platform was found.
Modesitt on the current officeholder
- Is the current officeholder. In 2022 he said lengthy legal experience is key to being prepared for the job [22]. No 2026 statements about Vaughn were found.
How Modesitt got on the ballot
- Filed as a Republican on January 16, 2026, and is listed as the Republican nominee [9]. Primary results were not found.
What we could not find about Modesitt
- All position statements found date from the 2022 campaign; no 2026 interview, website or questionnaire was found.
- Local TV coverage of office staffing (WTHI) could not be reviewed for this profile.
- No endorsements or campaign finance reports were found.
JV
Johnny E Vaughn
Democratic
Vaughn is a Terre Haute criminal-law attorney who was the Democratic nominee against Modesitt in 2022 and filed again in January 2026 [22, 9].
Vaughn's background
- Attended McLean Alternative High School in Terre Haute, Ivy Tech Community College and Indiana State University, and law school at IU's Indianapolis campus [22].
- Practiced criminal law; in November 2022 he said, "I've been a criminal attorney for over a year now" [22].
- Ran for prosecutor in 2022 as Johnny Edward Vaughn and received 10,481 votes (39.11%, unofficial) [21].
Vaughn's positions
Charging priorities
- In 2022 he said he would not prosecute small cannabis-use charges, in order to focus on violent crimes [22]. It was not found whether he holds the same position in 2026.
Caseloads & backlog
- In 2022 he said he would attend every initial hearing for defendants to check that bond is fair [22].
How Vaughn would run the office
- 2022 plans: be present in courtrooms and the office, attend initial hearings to review bond, and redirect resources from small cannabis cases to violent crime [22]. No 2026 platform was found.
How Vaughn got on the ballot
- Filed as a Democrat for Vigo County prosecutor on January 30, 2026 [9]; listed as the Democratic nominee [9]. Primary results were not found.
What we could not find about Vaughn
- All position statements found date from the 2022 campaign; no 2026 interview, website or questionnaire was found.
- No 2026 statements by Vaughn about Modesitt's record were found. In 2022 he said his priority would be presence in the office and in public: "I will be in the courtrooms" [22].
- No endorsements or campaign finance reports were found.
Key points
- Rematch of 2022: incumbent Republican Terry Modesitt, prosecutor since 2007, again faces Democrat Johnny Vaughn, whom he defeated 60.89% to 39.11% in the 2022 general election (unofficial). (Indiana Prosecuting Attorneys Council)
- Key differences in 2022: Vaughn proposed attending every initial hearing to review bond and said he would not prosecute small cannabis-use charges; Modesitt emphasized experience and managing the case backlog and jail population. (WTWO/WAWV (MyWabashValley.com))
- Modesitt filed on January 16, 2026 and Vaughn on January 30, 2026. No May 5, 2026 primary results for this office were found. (Indiana Election Division)
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))
- Vigo County Prosecutor Terry R. Modesitt (Indiana Prosecuting Attorneys Council)
- 2022 General Election Summary Report (final unofficial results) (Vigo County, Indiana)
- Vaughn, Modesitt face off in Vigo Co. Prosecutor race (WTWO/WAWV (MyWabashValley.com))
- 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.