Budget-busting judges

August 29, 2008
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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.
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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