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Friday, November 10, 2006

Ind. Courts - Grant Circuit Court Judge R. Thomas Hunt sues over cut pay

Thanks to the Marion Chronicle Tribune for comprehensive coverage today of a suit filed by Grant Circuit Court Judge R. Thomas Hunt. The story includes a link to the 6-page complaint itself - "Complaint for declaratory judgment and mandate to compel payment of salary." Barry William Walsh reports:

After asking the county several times for the money it cut from his 2006 budget, Circuit Court Judge R. Thomas Hunt on Thursday sued the council, the Grant County commissioners and the Grant County auditor.

He filed the suit to regain the $5,000 in supplemental salary that the county cut in Grant Superior Court 1. * * *

At issue is a portion of the Indiana Constitution that reads, "The justices of Supreme Court and Judges of the Court of Appeals and of the Circuit Courts shall at stated times receive a compensation which shall not be diminished during their continuance in office."

Hunt, whose salary was raised from $80,500 to $110,500 in 2006, also was authorized a supplemental salary amount of up to $5,000 per year to be paid by the county, an amount that was paid to Hunt each pay period through Dec. 31, 2005, court documents said.

By eliminating the $5,000 portion of his salary paid by Grant County, Hunt believes his salary was cut in 2006. * * *

In August or September 2005, the suit claims, Hunt appeared before the council with his 2006 budget for Grant Circuit Court. That budget included his 2006 salary from the state and the additional $5,000 from the county.

According to the six-page civil suit, instead of approving Hunt's 2006 budget with the additional $5,000, the council refused to include the $5,000. After Jan. 1, 2006, the payments of the $5,000 were eliminated from Hunt's salary.

Also filed Thursday was an order of recusal by Grant Superior Court 1 Judge Jeffrey D. Todd.

In recusing himself, Todd wrote that no judge in Grant County could preside over the case, and that the clerk of the courts would have to select a special judge to hear the case.

"Situations like this are not that unusual, that all the judges might have a conflict," Todd said. "An out-of-county judge will be selected from a list maintained by the clerk's office. ... It's a revolving list, and whoever's name is up next will be chosen."

Todd said the special judge could be selected as early as next week, but he said the process could take longer if the selected judge refuses to hear the case.

While Hunt believes the council's refusal to pay him the $5,000 that it used to pay all county judges amounts to a pay cut, the council disagrees. The council made the decision to stop paying the $5,000 after the state raised all judges' salaries by $30,000.

Of additional interest are the comments from the public reacting to the story -- scroll to the bottom of the story to view them.

Posted by Marcia Oddi on November 10, 2006 08:40 AM
Posted to Ind. Trial Ct. Decisions | Indiana Courts