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Thursday, May 22, 2008

Ind. Courts - More on: Carroll County judges find their voice

Updating this ILB entry from May 6th, the Carroll County Comet's reporter, Debbie Lowe, had a story May 14th headed "Judges employ modern technology to plead their case."

Carroll County judges Donald Currie and Jeffrey Smith are having a difference of opinion with the county council about where to make the latest round of budget reductions. The judges indicated their departments suffered enough decreases before the last set. The council believes the latest cuts are necessary to prevent further reduction of already diminished county emergency services or perhaps force the closure of Carroll Manor.

The judges have appeared at council meetings to discuss the situation. Council members remain firm in their position and so do the judges.

However, the judges can legally issue a mandate ordering the council to come around to their point of view. A mandate is a court order which would force the council to fund the amount the judges believe they should be appropriated to provide the services they state must be provided.

Judge Smith imposed a mandate approximately 18 months ago to hire and pay personnel to do the work of a staff member who was on extended medical leave. * * *

The judges have intimated they might issue another mandate to gain funding for their budgets, which are superior, circuit and joint courts. Although this situation has been reported at various times in the Comet, the judges do not believe their message has been adequately represented.

So, to reach the masses, they went hi-tech and started a "blog" on the internet. * * * It includes a video of the judges explaining their position. [Access the judges' blog here.]

"WHY A BLOG?" the page begins. "It has been difficult for us to adequately convey our position and provide important information to the citizens of Carroll County through local media. It is our hope that through this Blog you will be better informed about the business of the Carroll County Courts."

Readers are encouraged to visit the judges' blog site to understand their position about further budget reductions.

Yesterday, May 21st, the Comet ran this story by Ms. Lowe, headed "Council negotiates with judges for mandate resolution." It reports that on the 15th the Council had voted to "authorize attorney James R. Huffer, for no expense to the county, to negotiate with the judges for an agreed reduction in their 2008 proposed budget for court and other related areas." The story continues:
Huffer achieved a proposition to the budget issues with Carroll Superior Court Judge Jeffrey Smith and Circuit Court Judge Donald Currie by Monday afternoon. A proposed compromise between the two parties was released to the Comet.

"I met with the judges from 11 a.m. to 12:30 p.m. last Friday," Huffer said Monday. "I told them the council wanted to prevent a mandate and reach a final resolution of the 2008 budget."

"By reason of the written agreement presented, the judges shall not find it necessary to mandate the council," he added.

The preliminary agreement brokered by Huffer has not been approved by the council nor was it signed by the judges Monday afternoon. The council scheduled an executive session for May 22 at 6 p.m. and an open meeting at 7.

The agreement reads in part, ... "The following agreement reduces expenditures in the general fund, allows previous reductions to remain in effect and provides a means of avoiding additional appropriations for the cost of indigent counsel later in the year. It also allows the Courts to retain the staff essential for the operation of the Courts and provides funds for public defenders to indigent defendants as required by the United States and Indiana Constitutions."

The agreement calls for salaries for the chief probation officer, probation secretary and second deputy probation officer to be paid from probation user fees, however salaries for the first two will be paid out of the general fund in 2009. Reductions in the joint courts fund included the appropriation for indigent counsel reduced from $12,000 to $10,600, public defender appropriation from $70,000 to $64,000 and additional pauper counsel reduced from $71,050 to $62,050.

The judges agreed to make available funds in the Drug and Alcohol Fund for public defender, additional pauper defender, indigent counsel or guardian ad litem expenses before seeking additional appropriations from the general fund if expenditures exceed the 2008 appropriation. The parttime reporter fund in Superior Court will be reduced from $15,225 to $12,225.

According to Cripe, the judges' proposed reductions total less than half of the $90,000 reduction by the council in the latest round of budget cuts. However, she remained optimistic.

"I am so appreciative to Jim Huffer for offering to negotiate on behalf of the council at no cost to the county," Cripe said in a prepared statement Monday. "I am also relieved that the judges were willing to work with Jim to reach an agreement rather than filing a mandate."

Posted by Marcia Oddi on May 22, 2008 07:47 AM
Posted to Indiana Courts