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Sunday, August 15, 2004

Indiana Courts - More on federal court budget woes

A story Saturday in the Terre Haute Tribune-Star reported that: "Instead of building a new federal building in downtown Terre Haute, a chief federal judge is considering moving part of the court's responsibility to Indianapolis." More:

"Right now it is a budgetary concern," said Chief U.S. District Judge Larry J. McKinney. "The problem is to find a reasonable budgetary figure that would allow both the district and bankruptcy courts to stay in Terre Haute."

Asked if the two courts could be divided, McKinney said "that is a possibility. We are looking at everything. The courts all over the country are reassessing their budget in terms of outlying areas where we sit without a permanent judge. It is all budgetary. We are at a standstill right now in the process."

Terre Haute's federal court now operates with a part-time judge. The historic federal building at Cherry and Seventh Street has been identified as a security risk, prompting the need for a new federal court facility.

If criminal and civil cases are moved to Indianapolis, all criminal and civil trials would be set and heard in Indianapolis, McKinney said. Then the court would have to find space outside the Terre Haute federal building for the bankruptcy court.

"We're trying to balance the need for fiscal responsibility of the court with the convenience and service of the court that is now in the Terre Haute area. That balance may not be as easy as it looks," McKinney said. * * *

McKinney said there is a need for a bankruptcy court in Terre Haute. Bankruptcy cases far outnumber criminal and civil cases in Terre Haute. There were 2,356 bankruptcy petitions in 2002 and 2,460 in 2003. Through June of this year, there had been 1,239 bankruptcy petitions, according to court records.

The Terre Haute federal court oversaw 50 criminal cases in 2002 and 38 in 2003, according to court records. There have been eight criminal cases so far this year. The court oversaw 195 civil cases in 2003; 63 in 2003 and 128 cases so far this year, records show.

A proposed new federal building and courthouse, which could cost more than $16 million, would result in the judiciary paying up to $1 million annually in rent, McKinney said. The judiciary now rents its court space from the U.S. Postal Service for about $220,000 a year, McKinney said.

"Right now, we are looking at having our judicial budget the same or up just a little. In either case, we have to make cutbacks. I can't look at a budget with cutbacks and quadruple the rent for Terre Haute," McKinney said.

Federal courts are bracing for a budget crisis nationwide, said Dick Carelli, spokesman for the Administrative Office of the United States Courts.

An earlier entry on Indiana federal courthouses was published in the ILB on 6/13/04. In addition, we reported last Thursday on the NPR story titled "Federal Courts Face Budgetary Crisis."

State courthouses. Indiana state courthouses are also facing some problems. This Sunday story in the Evansville Courier&Press reports:

MOUNT VERNON, Ind. - A Posey Circuit Court judge has grown tired of waiting for county officials to make improvements to the local courthouse, so he has requested outside involvement in the matter.

Judge James Redwine has asked the Indiana Supreme Court to appoint a special judge to hear arguments for a mandate Redwine issued directing the Posey County Council and County Commissioners to include the needed funds - which could total more than $4 million - in their planning for the 2005 budget. * * *

Redwine filed an order for mandate of funds on June 2. After no action was taken by the commissioners at their most recent meeting, Redwine asked the Indiana Supreme Court to appoint a special judge for the case. No appointment has been made so far.

Indiana law provides a procedure for a mandate of funds. If a judge orders a mandate, the Indiana Supreme Court will appoint a special judge to hear the case. County officials can file a written waiver, saying they will comply with the mandate, or they can do nothing - at which time a hearing is set. * * *

Redwine's request sets the stage for what could be a costly dispute between the longtime judge and the county's two governing bodies. A similar battle in Tippecanoe County, Ind., in 2000-02 ran up $210,000 in legal fees for attorneys and court costs.

A judge at Tippecanoe County's courthouse in Lafayette, Ind., mandated that the county spend money to close most of the building's entrances to the public and install X-ray scanners and metal detectors. That dispute was declared a "moot issue" in 2002 by the Indiana Supreme Court after the county implemented most of the judge's requests following after a series of post-Sept. 11, 2001, bomb threats.

In the Posey courthouse case, the county will be responsible for paying the fees for Redwine's attorney, as well as to the law firm of McFadin Higgins & Folz, which will represent the county council, and Bamberger Foreman Oswald & Hahn, the firm representing the county commissioners.

Meanwhile, "Courthouse ills force judges to camp out" is the headline to a continuing story about problems in the Morgan Conty courthouse. Some quotes:
A mysterious smell inside the Circuit Court chambers July 28 was the first hint that something was amiss at the Morgan County Courthouse. Since then, county employees -- primarily in Craney's Superior Court 3 and Circuit Court -- have battled illness and moved to temporary quarters.

County Commissioners closed the courthouse for two days earlier this month, so state health officials could conduct air tests. Those tests revealed nothing, and the commissioners reopened the building.

State tests did rule out perchloroethylene -- or PCE -- a contaminant that has polluted groundwater south of the square where a dry-cleaning business used to be. However, that is only one of many theories circulating around the courthouse as to the cause of the problems.

Some people are convinced it is mold that developed after a sewer backup this spring. Others have blamed bats in the attic, and county officials say they'll investigate concerns that the problem might be related to recent spraying to control the bird population near the courthouse.

Other departments, including three other courts, have not felt the effects enough to relocate their operations.

Posted by Marcia Oddi on August 15, 2004 05:25 PM
Posted to Indiana Courts