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Friday, February 06, 2009

Ind. Courts - Still more on "St. Joseph County Probate Judge to issue pay raises despite council's objections"

Updating this ILB entry from Jan. 31st, Alicia Gallegos of the South Bend Tribune reports today in a story headed "Judge serves ‘pay raise’ order to St. Joseph County Council." Some quotes:

Probate Judge Peter Nemeth was true to his word Thursday, serving St. Joseph County Council members with a court order to approve pay raises for his employees.

The judge had warned council members last month at a council meeting that he would use his judicial mandate power to give the raises, after the council cut the proposed raises from his court's 2009 budget.

The cut was the second time in two years the council denied the raises, and Nemeth added that his employees were earning far less than their counterparts in other St. Joseph County courts.

"I think it's unfortunate and very serious," he said Thursday of the council's actions. "That's why I have taken the step I have."

When reached by phone Thursday, County Council President Rafael Morton said he was not surprised by the order, in that the judge made his intentions "very clear" during prior meetings.

"State law gives judges that option," he said. "It's statute."

Indiana Supreme Court trial rules allow judges to override county council spending decisions if judges deem them essential to administer justice.

The council members have met with their legal council [sic] about the issue, Morton said, and right now are looking at all alternatives in order to take their next step. Morton could not say whether the council would comply with or contest the order.

In the papers served Thursday, the order also listed other expenses that also were denied, such as court building, repair, structural and contractual services costs.

"Those purchase requisitions denied ... are necessary and essential to the operation of the juvenile system in St. Joseph County," the order reads.

Posted by Marcia Oddi on February 6, 2009 09:00 AM
Posted to Indiana Courts