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Saturday, March 06, 2010

Ind. Courts - Still more on "St. Joseph County judge wants money to make costly repairs at the Juvenile Justice Center, but county commissioners say they can't just hand it over"

Updating this ILB entry from Feb. 28, 2010, Erin Blasko of the South Bend Tribune reports today:

The St. Joseph County Board of Commissioners has agreed to release nearly $70,000 to overhaul the chillers at the Juvenile Justice Center.

Commissioners had previously refused to sign over the money, citing pending litigation. But that changed last month when Probate Judge Peter Nemeth threatened legal action.

On Feb. 19, Nemeth held a news conference at the JJC. He announced that if commissioners did not release the money, he would issue a judicial mandate ordering its release.

The following Monday, Commissioners Dave Thomas and Andrew Kostielney quietly signed the necessary requisition form. Bob Kovach still refused.

Only two signatures are required.

Nemeth originally requested the money in November. County Council members approved the request but commissioners vetoed it. The council then overrode the veto.

For his part, Thomas said he never intended not to sign the requisition form; he simply was not aware his signature was required.

"I thought once the council overrode our veto it was kind of a done deal," Thomas said, "... I didn't really think it (the form) needed my signature, to be honest."

Kostielney also said he never intended not to sign, but the form never reached his desk.

"Actually it never got to me," said Kostielney, explaining forms typically land in his inbox last, after they've been signed by Thomas and Kovach.

For his part, Kovach made no excuses, again citing "pending litigation that in my opinion would be impacted."

As to his colleagues choosing to sign the form, "that's their prerogative," he said.

Posted by Marcia Oddi on March 6, 2010 12:58 PM
Posted to Indiana Courts