ILNews

Money woes 'going to get worse'

Michael W. Hoskins
November 26, 2008
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Economic Impact

Hammond City Judge Jeffrey Harkin represents what might signify a growing trend as the Indiana legal community copes with budget crunches and a turbulent economy.

Sitting on what he describes as the busiest and most efficient city court in Indiana, Judge Harkin is suing the Hammond City Council for slashing the court's 2009 budget by more than 10 percent, which translates to the loss of five employees.

The judge doesn't find it acceptable and thinks the cut is outside the city council's authority.

"Basically, this cut renders the court unable to maintain its efficiency," said the judge's attorney, David Weigle of Hammond. "There's a penchant for local politicians to be fiscally responsible budget cutters, but there's a broader question here of responsible budget cutting. This all seems to be politicians pandering to the residents about cutting budgets but not willing to accept the consequences of that."

HarkinJudge Harkin's lawsuit filed Oct. 24 symbolizes the tension being seen throughout Indiana as local officials are crunching numbers and trying to figure out how to best balance budgets for the coming year, a practice that's putting the legal community in the crosshairs.

It's a guessing game for many, as some budgets aren't yet certified by the state and the full impact of sweeping property tax reform won't even be known until sometime next year. Lawsuits are being filed or threatened, officials are warring with those in the justice system who say they can't perform essential duties without adequate resources, and county courts, prosecutors, and public defenders are being forced to deal with dire funding issues for 2009 while dreading what could be an even worse situation the following year

"We cut what we needed to, but my real concern is for the year beginning in 2010," said Allen County Prosecutor Karen Richards, who cut $195,000 from her $6 million budget as all departments were ordered. "We are just able to work within these budget constraints now, but another year will be incredibly more difficult. If the economy doesn't turn around.... It's only going to get worse."

What looms is a dark cloud in a mammoth storm slamming the nation, the result of an economic crisis engulfing both the public and private sectors. While law firms scrutinize bottom lines and determine what impact economic woes will have on their practices, local governments are being forced to deal with the combination of sweeping property-tax reforms, decreasing revenue, rising costs, and overall anxiety about when the economy might rebound.

RichardsThe picture isn't good for Indiana, which faces a bleak forecast as lawmakers prepare for a long session to tackle the state's two-year budget. Economic forecasts are calling for the state to be about $600 million off its expected revenue mark, and that means legislators will have to address not only that significant shortfall but also broader, change-based issues in how government is run from top to bottom.

Counties and local governments have until Dec. 1 to submit their approved budgets to the Indiana Department of Local Government Finance. The state agency must then certify the budgets by mid-February, and tax rates won't likely be known until mid-2009. Simultaneously, local governments are nervous about what H.E.A. 1001 will mean because it takes away a significant chunk of property tax that's traditionally served as a revenue-generator.

"We're in a pinch," said Larry Landis, executive director of the Indiana Public Defender's Council. "Everyone understood when this property tax reform was passed the full effect would be a year or two down the road. It's coming closer, and we're all going to feel it if something doesn't change."

Most public defenders are being told to expect 3 to 8 percent cuts for 2009, and the number is similar or higher for the following years, Landis said. That creates a problem for many that often operate underfunded offices with excessive caseloads but are required to meet standards to receive funding reimbursement from the state. Courts and prosecutors see the same issues when dealing with crime that tends to rise during tougher economic times.

"Crime doesn't go down because there's a recession; it instead has an inverse correlation, and it's difficult to do more with less resources," he said.

Statewide, judges and lawyers are doing what they can to make ends meet in this time of uncertainty.

ZareTo meet a 20 percent budget reduction this year by city officials in Gary, City Judge Deidre Monroe in September gave up money she'd set aside to repair two dozen courtroom seats that are broken and unusable. Instead of using that money from 2007, the judge decided to help meet a $100,000 shortfall in the city's budget.

But that only does part of the job. Judge Monroe also may need to cut some of her 60 staff positions, and that could mean discontinuing at least one of the 10 court calls scheduled every week.

Marion County Public Defender Bob Hill said he's leaving several positions unfilled but doesn't have to lay anyone off. It's the same scenario on the court side, according to Marion Superior Judge Gerald Zore and Court Administrator Glenn Lawrence.

The court's $57 million budget didn't get cut, and it was able to get some additional funding for state-mandated pay increases, a new civil court opening in January, and some more juvenile medical expenses, Lawrence said. The courts asked for additional money for staff but didn't receive it, and the court is now looking at more video conferencing and technology resources to try and save money, as well as not filling any vacant positions, he said.

Hill encouraged the courts to start collecting more fees from public defense cases, which could mean almost twice as much revenue from the $160,000 collected in 2007. While the office has trimmed expenses through attrition Hill is already evaluating what can and can't be cut during next year's budget process.

"We're at a point where we can't cut anything more out of the budget," he said. "There're no fray expenses; we're doing what we can without having to cut services, which would mean we could run afoul of the public defender standards and that has serious implications."

In Vanderburgh County, officials say it wasn't as bad as it could have been.

Public Defender Stephen Owens said his $1.7 million budget showed no growth for 2009, with a slight reduction but pretty close to what it was for this year. He hasn't had any reductions in lawyers like others in the state that have seen 3 to 20 percent cuts for departments.

"Every county is in some sort of economic downturn, and that's certainly being seen this year," he said. "We're kind of better off, but not nearly as well off as we'd like to be. But the serious reductions might come next year; that's when we may really see the full force of this crunch."

LandisThe notion of working together on budget cuts isn't something everyone is taking to heart. Judges have filed multiple funding suits through the years, but some observe the current crisis could increase that amount. The issue also recently has surfaced in Steuben and St. Joseph counties, among others.

Judge Harkin's suit seeks a permanent injunction against the city from cutting his budget from $853,459 to $728,480 and asks the court to mandate the council appropriate sufficient funds. He'd requested an $813,779 budget for 2009.

"We think the law is pretty clear that as long as the budget isn't extravagant, which it's not, they don't have the authority to cut it," his attorney Weigle said.

The Indiana Supreme Court has ruled on the issue of judicial mandates and said trial judges and county officials must work together, as both share the responsibility of setting court budgets. The Commission on Courts earlier this year didn't reach any decision on mandates but said one possible way to resolve some of these issues could be in statewide reform of county court funding.

That idea is gaining steam in Indiana, with many pushing for restructuring that could free up county money and shift that funding responsibility to the state.

A catalyst for that realistically happening during an upcoming legislative session could be local government reform work done in the past year. Those types of reforms came in a report released late last year by a committee co-chaired by former Gov. Joe Kernan and Indiana Chief Justice Randall T. Shepard. The report suggested a flurry of government reforms, such as sweeping property tax reform that's already happening and eliminating township government offices. It also included recommendations for a possible a shift in funding from counties to the state for public defense, county courts, and probation.

"This time is difficult for local governments, especially for criminal justice agencies that are reacting to what happens in society," Landis said. "County government has to provide the funding or we can't do our jobs, unless the state decides to pick up some of the costs. This is a part of the Kernan-Shepard report, and my message would be that this is a good

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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