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Thursday, February 26, 2009
Ind. Courts - Settlement avoids judicial mandate action in Hammond
Susan Brown has this report today in the NWI Times:
HAMMOND | City Court Judge Jeffrey Harkin and the City Council have reached a settlement of the lawsuit filed by Harkin over the council's cuts to the court's 2009 budget.Details of the settlement won't be revealed until Friday by mutual consent, according to Harkin's attorney, David Weigle, of Hammond.
At the beginning of court proceedings at 9:30 a.m. Wednesday, Lake Superior Court Judge Jeffrey Dwyan, citing concerns related to the open door issues given the public role of the council and the court, encouraged both parties to continue to try to reach agreement among themselves. A settlement was reached around 2:30 p.m.
Had the case reached a hearing before the judge, Harkin would have sought the court's approval of a judicial mandate to fund the court. According to Weigle, the Indiana Supreme Court has ruled city court judges, unlike Superior or Circuit Court judges, must seek a higher court's approval to impose a judicial mandate.
Harkin's suit contended the judge had sought a meeting with the council three days after the council's cutbacks to his budget, which resulted in the loss of four positions, including two public defenders. The public defender services were replaced by $30,000 in contractual services. The cutbacks also cost the court the services of one court referee and two deputy clerks.
The lawsuit had asked the court to order the council to fully fund Harkin's budget as it was requested, reinstate the deputy clerks and cover the court's legal expenses.
Posted by Marcia Oddi on February 26, 2009 08:29 AM
Posted to Indiana Courts