MUNCIE, Ind. -- A judge has ordered Delaware County Prosecutor Mark McKinney to repay $18,395 in legal fees he received as an attorney for a drug task force in cases where he used confidential agreements to seize money and property.

Delaware County Judge Richard Dailey said none of the drug forfeiture cases went before a court.

"Being no judgment was entered, Mr. McKinney is not entitled to get attorney fees," Dailey said in the ruling Wednesday.

McKinney and the drug task force used confidential settlement agreements, without court orders, to disperse hundreds of thousands of dollars in cash and property for the task force's use.

McKinney likely will appeal the ruling, his attorney, Kevin McGoff, said today.

In one case in which more than $50,000 was seized, records show that McKinney received $4,193 in attorney fees as well as 25 percent of vehicles and other personal property that was auctioned.

McKinney also faces an investigation by a special prosecutor to determine whether he committed a crime in handling the drug forfeitures and a misconduct complaint before the Indiana Supreme Court disciplinary commission.

Dailey has held several hearings in recent months on the use of confidential settlements in drug forfeitures by McKinney and the Muncie-Delaware County Drug Task Force.

In a report released in August, the judge said state law made it clear that money from drug forfeitures should have gone to the general funds of the city or county council. Instead, he wrote, it was effectively diverted to task force control.

McKinney has defended the practice and in earlier court hearings testified that he did not know the accounts used were not general fund accounts.