Senator wants no mandates

December 21, 2009
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Senate Joint Resolution 0002 is not likely to get the fanfare and attention that property tax caps, education, and health care will receive in the 2010 General Assembly, but if it eventually passes, it will have as much as an impact on the general community as any other issue.

SJR 0002 wants to prohibit any court established by the General Assembly – appellate or local courts – from issuing a mandate, order, or other writ requiring the state or a political subdivision of the state from spending money on the operation of any court in the state.

The resolution would alter Article 7 of the Indiana Constitution by inserting language preventing the Indiana Supreme Court, Indiana Court of Appeals, Circuit Courts, or any other court established by the legislature from ordering the state, counties, cities, or any other subdivisions of the state, to pay for court operation costs. Sen. Phil Boots, R-Crawfordsville, authored the resolution.

There’s no doubt this is a cost-savings measure that some legislators feel is necessary given the state of the economy in Indiana right now. Everyone’s looking to do more with less, but amending the constitution to prevent courts from ordering the state or county to help pay for court costs may do more harm than good.

Where will this money come from if the state or county won’t foot the bill? Courts will be forced to cut staff and hours, which will lead to an increase in a backlog of cases. If courts refuse to cut staff, will the money have to come from an increase court fees the public will have to pay?

Judicial mandates don’t happen often, and they are usually used when judges believe their courts need the state or county money to keep operating at a functional level. Two of the last three that I’m aware of dealt with pay raises for court staff. The judges in these cases were worried they’d lose their staff to higher-paying jobs, especially when the staffers had been denied pay raises by the councils controlling the money.

If SJR2 passes this year, it will still have to be approved by a second General Assembly before voters have the chance to ratify the constitution.
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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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