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Wednesday, January 09, 2008

Ind. Decisions - More on: All is not over in the Clerk County probation fees dispute

Updating this ILB entry from Nov. 8, 2007, where it was reported that a motion to reconsider would be filed in the case of Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau, Vicki Carmichael, and Steven M. Fleece, the probation fees decision, today Ben Zion Hershberg of the Louisville Courier Journal reports:

The Indiana Supreme Court has declined to reconsider a decision it made last year supporting the authority of Clark County's judges to control how probation fees are used in their courts.

The high court ruled in favor of the judges in September in a 4-year-old dispute with the County Council about who controls the probation fees. Lawyers for the council then asked the court to reconsider, arguing that having to repay funds to the courts would be "disruptive."

But in a one-sentence order dated Monday, the Supreme Court declined to review its earlier decision.

Clark County Superior Court Judge Vicki Carmichael said yesterday that she and her colleagues were pleased. "We all are hoping to have this settled," she said.

An accounting firm is preparing an analysis of how much was inappropriately budgeted by the council and will have to be repaid, Carmichael said.

She said she hopes the judges and council can meet soon to settle the case.

Council President Dave Abbott said he also hopes the dispute can be resolved quickly. He said the makeup of the council has changed since the case began, and he and several colleagues believe the lengthy and expensive litigation was a mistake.

Here is a list of earlier ILB entries on the probation fees case.

Posted by Marcia Oddi on January 9, 2008 09:14 AM
Posted to Ind. Sup.Ct. Decisions