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Thursday, November 03, 2005

Ind. Courts - Clark County dispute between judges and County Council, involving judicial mandate, continues

"Judges, Clark still at odds on budget: County Council planning to use money courts collect" is the headline to a story today by Alex Davis in the Louisville Courier Journal. Some quotes:

A lingering financial dispute between Clark County's four elected judges and the County Council is now casting uncertainty over the county's budget for a second straight year. The two sides have been arguing since September 2004 over which of them controls hundreds of thousands of dollars a year in fees paid by participants in court-supervised probation programs.

The judges argue that the county's 2005 budget illegally relies on the fee money for $921,000 in expenses. They're also protesting next year's budget, which will use $1.1 million in fee money to keep the government operating. The judges filed a lawsuit over the matter earlier this year. If they prevail, the council could be forced to give some or all of that money back to the judges, then find the revenue needed to replace it. * * *

The suit is now scheduled to go to trial Feb. 16 in Clark Circuit Court before Elaine Brown, a special judge from Dubois County.

Similar arguments over probation fee money have surfaced in other Indiana counties in recent years. David Bottorff, executive director of the Association of Indiana Counties, said the Clark County suit could have "statewide ramifications" by producing one of the first court rulings on the matter.

Regardless of the outcome, the county's taxpayers will foot the bill for lawyers on both sides of the dispute. Legal costs previously had been estimated at $50,000, and Hollis said this week that the figure could be as much as $75,000 before the matter is resolved.

According to the story, the Supreme Court has appointed a special judge from another county, Elaine Brown, to hear the Clark County judges' Order of Mandate of Funds. This 3/5/05 Supreme Court order, re the order of mandate of Hon. Cecile A. Blau, Judge of the Clark Superior Court No. 2, appoints Hon. Chris D. Monroe, Judge of the Bartholomew Superior Court, as special judge in this matter in the Clark Superior Court No. 2. This Supreme Court order re Hon. Daniel F. Donahue, Judge of the Clark Circuit Court, also appoints Judge Monroe.

This April 4/12/05 Supreme Court order, per the order of mandate of Honorable Jerry F. Jacobi, Judge of the Clark Superior Court, appoints Judge Brown, as does this 4/27/05 Supreme Court order per the mandate order of Honorable Steven M. Fleece, Judge of the Clark Superior Court No. 3.

In this 4/27/05 order, the Supreme Court statess that "the Hon. Jerome F. Jacobi, Judge of the Clark Superior Court No. 1, and files withdrawals of his Order for Mandate of Funds, Order to Show Cause, and his Request for the Appointment of a Special Judge, all filed on or about March 10, 2005." However, today's LCJ story indicates that "Jacobi announced in April that he was withdrawing from the legal dispute because he wanted to "move forward" and save taxpayer money in a year of tight finances. But Lewis said Jacobi has now rejoined the case."

Ealier ILB stories on this Clark County dispute may be found at 2/13/05 ("Two Clark County judges' spending criticized"); 2/15/05 ("More on Clark County judges' spending issues"); and 9/9/05 ("Clark County Council restores judges' money"). See also my article, "Separation of Powers in the County Courthouse," 49 Res Gestae 2 (2005), pp. 17-19, available here.

Posted by Marcia Oddi on November 3, 2005 08:39 AM
Posted to Indiana Courts