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County, court don't have to give back pay

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A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.

Susan Knoebel filed suit in Susan Knoebel v. Clark County Superior Court No. 1 and Clark County, Ind., No. 22A01-0808-CV-384, claiming the court and county owed her back pay once she stepped down from the chief probation officer position after a new judge took office in February 2007. She originally had her pay erroneously reduced to the minimum salary for a probation officer with just one year of experience; Knoebel had a master's degree and several years of experience. The Clark County Council adjusted her pay, relying on the 2007 Minimum Salary Schedule for Probation Officers adopted by the Judicial Conference of Indiana.

She filed suit in May 2007 seeking back pay, statutory damages, and attorney's fees for subtracting from her salary the additional amount allocated for chief probation officers after her demotion. Chief probation officers receive a salary increase of $7,500 in addition to the minimum salary based on years of experience and education.

Knoebel argued that the salary schedule states departments shall not reduce the salaries of probation officers who are paid above the minimum salary schedule. The Court of Appeals rejected her argument because the salary increase is in addition to the minimum salary, mandatory, and therefore increases the minimum salary for chief probation officers. When she received her salary for being the chief probation officer, she received the minimum salary for someone with her education and experience and never received a salary above the minimum salary schedule, wrote Judge Edward Najam. Because she was never paid above the minimum salary schedule, the court and county didn't err in reducing her salary once she was no longer the chief probation officer.

The Court of Appeals also ruled that Knoebel properly named the Superior Court and Clark County as parties in her action for back pay. Any order she obtained that didn't compel both the court to fix and the county to pay her alleged erroneous salary would provide an absence of relief to her, contrary to Indiana Trial Rule 19(A)(1), wrote Judge Najam.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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