ILNews

Justices rule on judicial mandate case

Back to TopE-mailPrintBookmark and Share

In its first case since the state amended its rules last year on how judicial mandates are handled, the Indiana Supreme Court has today issued a decision about a St. Joseph Superior judge’s mandate for the county to pay for multiple items he considered necessary for running the local juvenile justice system.

Justices issued a decision today in the case of In The Matter of Mandate of Funds; St. Joseph County Commissioners And St. Joseph County Council v. The Hon. Peter J. Nemeth and the St. Joseph Probate Court, No. 71S00-0912-MF-569. Justice Frank Sullivan authored the 25-page decision, which had agreement from all his colleagues but included a brief dissent from Justices Brent Dickson and Theodore Boehm on one aspect.

Overall, neither St. Joseph Superior Judge Peter Nemeth nor the county commissioners and council emerged completely victorious as the high court delved into a multitude of complex problems and issued decisions on each aspect involving land use, renovations, and staff salaries.

Last year, a special judge ruled in favor Judge Nemeth who had issued three judicial mandates directing county officials to transfer money for pay raises and improvements for the juvenile justice center.

While this case and related mandates have played out during the past few years, this case was the first to fall under Indiana Trial Rule 60.5 that the court revised in February 2009. The mandates from Judge Nemeth followed a September 2007 ruling from the Supreme Court, which held that trial judges must work with county officials and share the decision-making of how court money is spent.

The justices reversed the special judge’s dismissal of the first mandate involving land use and possible construction of a new juvenile facility, remanding it to trial on the grounds that it shouldn’t have been dismissed. Justices both affirmed and reversed in part on Mandate 2, involving various renovations and county funds needed for those projects. The justices determined that a day reporting program expansion, juvenile-transporting vans, a washing machine to clean minors’ clothing, and carpet cleaning are all court-related expenses and should be paid for. However, the justices didn’t agree that expense for a new courtroom or needed chairs could be established by the evidence on record.

On the mandated salary hikes of $60,208 for eight employees, the justices affirmed the special judge’s finding that a bookkeeper position’s increase could be mandated but reversed the ruling that had approved raises for the other seven employees.

“This record does not show a clear and present danger of impairment of the court or court-related functions with regard to the remaining seven positions,” Justice Sullivan wrote.

With that, the Supreme Court also determined that the evidence didn’t show that the raises could be paid for with the local probation fee because it didn’t clearly fund new probation services or increases.

Additionally, the justices also determined that the appellate attorney fees in this case weren’t unreasonable and the commissioners failed to argue otherwise. Each side must bear its own appellate costs, the justices ruled.

Though Justices Dickson and Boehm agreed with most of the aspects in the case, they joined in a dissent that involved the aspect about whether the land use issue should be remanded for trial. They believed the special judge was correct to dismiss that mandate.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

ADVERTISEMENT