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Tuesday, December 04, 2007
Ind. Decisions - Retired Grant Circuit Judge Thomas Hunt wins pay suit [Updated]
Mishele Wright reports today in the Marion Chronicle-Tribune:
Former judge Thomas Hunt has won a lawsuit against Grant County in which he asked for back pay to make up for what he said was an illegal reduction in salary.Earlier ILB entries include this one from Dec. 23, 2006, headed "Grant Circuit Court Judge Thomas Hunt retiring," and this one from Nov. 10th, 2006 headed "Grant Circuit Court Judge R. Thomas Hunt sues over cut pay," which includes a link to the complaint.According to the decision, the county will have to pay Hunt $5,000 from 2006, plus interest and court fees.
Mike Scott, president of the Grant County Council, said the county would more than likely appeal, and it has 30 days to do so. He said he wasn't surprised by the decision, which was made Nov. 21.
"From the beginning, I felt this would go much higher than the local level," he said.
Scott said the lawsuit probably would be discussed at the next council meeting, set for Dec. 12. He said he thinks the case will set a precedent for some county employees.
"I'm anxious to see it get to the appellate court," he said.
The decision was made in Grant Superior Court I by a judge from Blackford County, he said. The judges in Grant County refused to hear the case, Scott said.
"It's unfortunate we're even in this situation in the first place, but that's the kind of society we live in," he said. "Anybody and everybody has the opportunity to sue."
Hunt wouldn't comment on the decision, but his attorney Joe Certain said they were pleased with the outcome.
Hunt filed the lawsuit in November 2006 against Scott and other council members, county commissioners and the county auditor.
According to court documents, Hunt submitted to the council the proposed budget for his salary, and the council refused to appropriate the funds for the 2006 rate. Hunt said the council went against the state constitution, which says a circuit court judge's salary cannot be reduced while he is in office, and the Blackford judge ruled in Hunt's favor.
The ILB will attempt to obtain a copy of the trial court ruling.
[Updated] Access the Court's order here.
Posted by Marcia Oddi on December 4, 2007 12:42 PM
Posted to Ind. Trial Ct. Decisions