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Justices rule on judicial mandate case

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In its first case since the state amended its rules last year on how judicial mandates are handled, the Indiana Supreme Court has today issued a decision about a St. Joseph Superior judge’s mandate for the county to pay for multiple items he considered necessary for running the local juvenile justice system.

Justices issued a decision today in the case of In The Matter of Mandate of Funds; St. Joseph County Commissioners And St. Joseph County Council v. The Hon. Peter J. Nemeth and the St. Joseph Probate Court, No. 71S00-0912-MF-569. Justice Frank Sullivan authored the 25-page decision, which had agreement from all his colleagues but included a brief dissent from Justices Brent Dickson and Theodore Boehm on one aspect.

Overall, neither St. Joseph Superior Judge Peter Nemeth nor the county commissioners and council emerged completely victorious as the high court delved into a multitude of complex problems and issued decisions on each aspect involving land use, renovations, and staff salaries.

Last year, a special judge ruled in favor Judge Nemeth who had issued three judicial mandates directing county officials to transfer money for pay raises and improvements for the juvenile justice center.

While this case and related mandates have played out during the past few years, this case was the first to fall under Indiana Trial Rule 60.5 that the court revised in February 2009. The mandates from Judge Nemeth followed a September 2007 ruling from the Supreme Court, which held that trial judges must work with county officials and share the decision-making of how court money is spent.

The justices reversed the special judge’s dismissal of the first mandate involving land use and possible construction of a new juvenile facility, remanding it to trial on the grounds that it shouldn’t have been dismissed. Justices both affirmed and reversed in part on Mandate 2, involving various renovations and county funds needed for those projects. The justices determined that a day reporting program expansion, juvenile-transporting vans, a washing machine to clean minors’ clothing, and carpet cleaning are all court-related expenses and should be paid for. However, the justices didn’t agree that expense for a new courtroom or needed chairs could be established by the evidence on record.

On the mandated salary hikes of $60,208 for eight employees, the justices affirmed the special judge’s finding that a bookkeeper position’s increase could be mandated but reversed the ruling that had approved raises for the other seven employees.

“This record does not show a clear and present danger of impairment of the court or court-related functions with regard to the remaining seven positions,” Justice Sullivan wrote.

With that, the Supreme Court also determined that the evidence didn’t show that the raises could be paid for with the local probation fee because it didn’t clearly fund new probation services or increases.

Additionally, the justices also determined that the appellate attorney fees in this case weren’t unreasonable and the commissioners failed to argue otherwise. Each side must bear its own appellate costs, the justices ruled.

Though Justices Dickson and Boehm agreed with most of the aspects in the case, they joined in a dissent that involved the aspect about whether the land use issue should be remanded for trial. They believed the special judge was correct to dismiss that mandate.
 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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