Judge wins in mandate action

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A special judge has ruled in favor of St. Joseph Probate Judge Peter Nemeth, who'd issued a judicial mandate earlier this year directing county officials to transfer money for pay raises and improvements for the juvenile justice center.

In a 19-page judgment issued this morning, Valparaiso attorney and special judge William Satterlee ruled that officials must release about $355,000 from the county fund to pay for salary hikes and improvements at the county's Juvenile Justice Center. The ruling says that the funding is not only necessary for the operation of the court and related functions, but that it will not represent a financial burden to the county.

Judge Nemeth had issued a judicial mandate in early February, directing the county council and commissioners to appropriate about $355,000. He'd warned council members during the past year about the mandate possibility, saying he'd use that power if the council didn't approve about $79,000 in raises for his court staff. The council had denied the raises in the past two years, despite Judge Nemeth's emphasis that his employees are paid far less than their counterparts in other county courts and that he could issue the raises without using tax money. Instead, the judge wanted to use probation user fees to give raises to those eight employees.

The other money was set aside after Judge Nemeth had reduced the facility's number of beds late last year from 90 to 63.

As special judge, Satterlee held a two-day hearing on the issue in September and all parties submitted their closing briefs by Oct. 13.

"It's unfortunate that we had to go through this," Judge Nemeth said today. "The money was already there, and all we had to do was transfer it, and it wouldn't have cost the county taxpayers a dime. I don't understand the arbitrary capriciousness of our county officials, but this ruling shows our law is above that."

This mandate follows a September 2007 ruling from the Indiana Supreme Court, which held that trial judges must work with county officials and share the decision-making of how court money is spent. An interim legislative committee studied the issue this past summer and fall, but recommended that the General Assembly should defer any action on Indiana Trial Rule 60.5 while the state's highest court continues to respond by rule adoption.

Judge Nemeth pointed out that his mandate in February came on the same day when the Indiana Supreme Court revised Trial Rule 60.5, which governs judicial mandate cases and allowed for attorneys to serve as special judges rather than another sitting judge. His case was the first to utilize that new rule, he said.

County officials are able to appeal to the state's appellate courts, but the county's legal counsel couldn't immediately be reached to comment on whether that will happen.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.