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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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