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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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