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Monday, January 12, 2009

Ind. Courts - More on "Gary court, clerk fight for jobs"

Updating this ILB entry from Jan. 9th, Jon Seidel reports today in the NWI Times:

GARY -- Attempts to eliminate the Gary city court or downsize its clerk's office as the city comes to grips with new tax caps could be met with a legal challenge.

Both ideas were part of a six-hour discussion in Indianapolis before the state's Distressed Unit Appeals Board last Monday. * * *

Gary's court and clerk take up a total of about $3.3 million worth of the city's $63 million 2009 budget. Without the board's help, the city might be forced to reduce its spending by at least $24 million.

By 2012, if the tax caps become constitutional, the appeals board would be powerless to step in. That means Gary would be forced to operate under the caps.

However, Raggs said the court and the clerk are the "largest revenue generating community service team in the city." They average more than $1 million in total annual collections, Raggs said, processing more than $300,000 in cash bonds each year.

"Are citizens prepared to accept the loss of court services that have existed in our city since 1910?" Raggs said.

City Judge Deidre Monroe said she is worried, also, about the loss of a city court and the effect it would have on local residents.

"We're the only mental health court in Lake County," Monroe said. "The city of Gary cannot afford to lose those sorts of programs."

A drastic move like eliminating the city court can't happen on a whim, clerk attorney Jewell Harris Jr. said. At the very least, he said, it would require a vote by the City Council.

"It may require state authorization as well," Harris said.

Second-class cities can abolish their courts every four years, according to state statutes. Gary's next opportunity would be in 2010.

Before that happens, Harris said, city and state officials have some homework to do. Eliminating the city court means extra work for Lake County judges.

"Does the county even know that's the city's plan?" Harris said. "Is the county prepared to absorb those 70,000 pending cases?"

If the court were eliminated without the proper research, Harris said, he's "sure" there would be legal challenges. First, though, he said he wants to make sure everyone is aware of the ramifications.

Posted by Marcia Oddi on January 12, 2009 01:19 PM
Posted to Indiana Courts