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Wednesday, April 09, 2008

Ind. Courts - More on: Judicial mandate mentioned in Carroll County

Expanding upon this ILB entry from yesterday evening, Debbie Lowe of the Carroll County Comet reports today:

Carroll County Council met twice last week in an attempt to develop a budget to stop constant overspending of projected income by department heads. They were successful in that endeavor. However, the budget, adopted Thursday morning, may have to be trimmed even further before it is submitted to the Indiana Department of Local Government Finance (DLGF) for approval. * * *

Council decided to discuss the most current budget reductions with department heads in a Thursday morning public meeting. During the meeting, department heads reacted with a wide range of emotions. Some accepted their fated numbers and agreed to work within the new limitations. Two did not accept what they were handed.

Carroll Superior Court Judge Jeffrey Smith and Carroll Circuit Court Judge Donald Currie strongly objected to further reductions in what both considered "bare bones" current appropriations.

"There are no more cuts to be made," Smith said. "I think you've asked us to do the impossible."

"What services are we supposed to do without?" he questioned council president Nancy S. Cripe.

"That's up to you," Cripe responded.

When it was suggested the courts share employees in order to eliminate one full-time position, Smith contested the idea.

"You're asking us to do the impossible," he said.

"People have their right to their day in court," Currie said and suggested council members fully consider the courts' budget reductions before they decided to subsidize residents at Carroll Manor. He challenged the council to look at other departments and analyze whether they have made equal reductions in spending as he and Smith have done.

"You're asking us to eliminate two more deputies," Cripe told the judges about their refusal to accept the council's budget numbers.

"It's clear we have the authority to do what we need to do," Smith said referencing a previous judicial mandate from him for an additional employee at the time for his court.

The judges reiterated their threat in writing the following day. Cripe was presented with a letter signed by both judges dated April 4. It read in part "….If the council can successfully persuade the Indiana Supreme Court that the courts of Carroll County should be relieved of any of the responsibilities currently required by law due to the fiscal circumstances of the county, then possibly further cuts could be made. However, at present funding levels, it will be a challenge to meet our mandated requirements and any further reductions would necessitate the courts cutting essential services to the community. Therefore, the courts of Carroll County are not in any position to further reduce the 2008 budgets."

[More] This story in the Lafayette Journal & Courier reports:
County commissioners approved two funding requests by the county council that could bring the 2008 budget below the $5 million state-mandated level. The slashing of $1.8 million was achieved through deep reductions in emergency services and reallocation of funds.

But Superior and Circuit Court judges have issued a letter refusing $90,000 of the cuts unless the council can persuade the state Supreme Court to relieve them of constitutionally mandated cases and services.

"It would become impossible for us to do the job of the court if our staff is reduced," Superior Court Judge Jeffrey R. Smith said, who added his court staffing has not increased since 1975.

Posted by Marcia Oddi on April 9, 2008 02:20 PM
Posted to Indiana Courts