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Friday, September 25, 2009
Ind. Courts - "Trial about St. Joseph County judge's mandate order ends"
Updating this ILB entry from Sept. 24th, Margaret Fosmoe of the South Bend Tribune reports today:
St. Joseph County residents will learn sometime after Oct. 13 whether Probate Judge Peter Nemeth's mandate orders for salary increases and physical improvements at the Juvenile Justice Center will stand.A trial about those issues ended Thursday with St. Joseph County chief deputy auditor Cindy Bodle called as the only witness beside Nemeth to testify. * * *
Nemeth filed suit against St. Joseph County after reaching a stalemate with county officials over funding.
Nemeth took the witness stand Wednesday and for a short time Thursday, testifying that the improvements and raises are necessary in order to provide adequate services for the growing juvenile court caseload.
Nemeth and county officials are in a legal fight over funding the county refused to release in late 2008 to renovate parts of the JJC and provide raises for employees there.
In late 2008, the County Council and county commissioners approved Nemeth's request to transfer $313,788 from an unspent personnel fund to be used for JJC renovations, Bodle testified. The council and commissioners also approved Nemeth's proposal to tap juvenile probation user fees to pay for raises for eight managers totaling $60,000 a year.
County policy requires the signatures of at least two county commissioners on a requisition form for spending to go forward, Bodle said.
When commissioner Bob Kovach was asked to sign a requisition to OK the spending, he refused to sign, according to testimony. The two other commissioners in late 2009 were preparing to leave office, one for another job and another because he was defeated in the election.
Nemeth issued judicial mandate orders to obtain the money. Indiana Supreme Court rules allow judges to override county council spending decisions if judges deem extra expenses necessary to administer justice.
As probate judge, Nemeth oversees budgets of about $2.2 million a year for juvenile/probate court and about $3.9 million a year for the JJC. St. Joseph County's overall budget totals about $64 million annually.
Nemeth testified that, contrary to popular belief and despite the county's cash-strapped status, many county employees have received raises in the past few years.
Bodle said some county employees have received raises, but typically because the raises were mandated by the state or because the employees involved took on additional duties. * * *
The attorneys on both sides must submit closing briefs by Oct. 13. William Satterlee, a Valparaiso attorney who is serving as a special judge for the case, will issue his ruling after that.
Posted by Marcia Oddi on September 25, 2009 09:53 AM
Posted to Indiana Courts