ILNews

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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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