« Law - Fort Wayne Journal Gazette asks "Where is the outrage?" | Main | Environment - "Plans for hog farm are on hold: State lacks regulation, rural neighbors assert" »

Thursday, June 04, 2009

Ind. Courts - "Ex-Clark court workers sue: Two claim firings politically based"

Ben Zion Hershberg reports today in the Louisville Courier Journal:

Two former Clark County Circuit Court employees have filed separate lawsuits against the court and Judge Daniel Moore, claiming they were illegally fired in January for political reasons.

The former employees -- Jeremy Snelling and Chanelle Vavasseur -- are Republicans.

Moore, who took office Jan. 1, is a Democrat.

While judges often bring in new employees when they take office, it's illegal to dismiss those who aren't in "policy-making" or "confidential" positions, said lawyer Rick Fox, who represents Snelling and Vavasseur.

Neither Snelling, who was a bailiff, nor Vavasseur, who was a clerk, held such positions, Fox said. Vavasseur, in her lawsuit, also claims she was dismissed because she is African American.

Moore called the claims "absolutely frivolous."

He said he interviewed the court's four employees after he was elected as well as several others to find workers who had the skills he needed. He said he settled on his current employees because of their extensive experience as court reporters and clerks or with computer technology.

Moore also said he found Snelling's lawsuit "very ironic" after "the cruel and unnecessary devastation of the circuit court staff last June."

That was when Republican Abe Navarro was appointed by Gov. Mitch Daniels after the previous judge retired. Navarro hired Snelling and intended to hire David Buskill, who then was Clark County Republican chairman, and asked for pay increases for them. The staff shake-up and proposed pay raises prompted other judges to criticize Navarro's actions as political and discriminatory. Buskill declined the position.

Fox said the lawsuits by Snelling and Vavasseur stand on their own. He said the former court employees who were replaced by his clients obtained other court or law-firm jobs.

Fox said he doesn't know whether Snelling and Vavasseur have found work since he notified Circuit Court and other defendants that he intended to file suit. The lawsuits do not specify damage amounts.

The county and the state also were named as defendants in the lawsuits, which have not been set for hearings. County Attorney Greg Fifer said he doesn't believe the county should be included since the courts are controlled by state government. But Fox argued that the county provides some pay for court employees.

The cases initially were filed last month in Clark County Superior Courts 1 and 2 but have been moved to U.S. District Court in New Albany at the request of the Indiana attorney general's office.

Molly Butters, a spokeswoman for the office, said it generally represents judges and the state in such cases.

For background, see this list of ILB entries from 2008 re "New judge's hires stir up controversy."

Posted by Marcia Oddi on June 4, 2009 09:02 AM
Posted to Indiana Courts