Budget-busting judges

August 29, 2008
Back to TopCommentsE-mailPrintBookmark and Share
From IL reporter Michael Hoskins, who attended the Aug. 28 Commission on Courts meeting:

Financial woes between courts and county officials can be found statewide, even nationally, in these tough economic times. Chances are it’s going to get worse.

That’s why a former Montgomery County official spoke to the Commission on Courts this week about judicial mandates. He was a county councilor when the judges there issued a mandate hiking the salaries of court employees; the case was ultimately decided by the Indiana Supreme Court. In the case In Re: Order for Mandate of Funds, Montgomery County Council. V. Hon. Thomas K. Milligan, et al., justices struck middle ground by encouraging a compromise between the county judges and officials.

Before the commission Thursday, Republican Sen. Phil Boots - who was in county government during the Montgomery mandate - noted how state lawmakers haven’t written a law or given sole power to county councils and that judges are crossing the separation of powers line by issuing mandates on money out of their control.

“If this continues…. judges could be budget-busters by mandating unreasonable amounts of money,” he said, noting that property tax changes stemming from recently adopted law will add extra burden to county coffers and likely result in more mandates.

Other county officials said they were skeptical about how special judges and ultimately appellate judges can fairly decide these mandate issues involving fellow judges. They also mentioned how attorneys are often reluctant to take on these mandating judges for of fear of retaliation when they later have to appear before those jurists. One Hendricks County official said it seems like counties are playing with a stacked deck.

Boots’ suggestion: either lawmakers should take away judges’ mandate powers, or courts should become state-governed so the Indiana Attorney General’s Office can represent any jurists in mandate actions that go to court. Recent legislation to make that happen has failed.

Chief Justice Randall Shepard weighed in, pointing out that Indiana courts have the thought that T.R. 60.5 “is printed on paper, not carved in stone.” It’s meant to create an environment where courts and counties can talk out and work through their issues. But the chief justice also supports a move to change the state’s court structure, such as having the state take over courts. That’s a topic that could be gaining more steam in coming months and might be brought up during the next legislative session.

In the meantime, the Indiana Judges Association and Indiana Association of Cities and Towns have been talking the past year about revising the mandate rule. A six-person committee has met once and hopes to meet again soon. Seems like there’s support from many angles, but the home rule and county control has not fully surfaced yet and will likely make the debate lively.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT