As Paul Harvey would say, "Now for the rest of the story." As a judge, I have learned that one must listen to both sides of a story. My side of the story is found in the Order for Mandate of Funds filed on Nov. 9. A copy of that order may be found

at http://mysite.verizon.net/ jeffrey_ smith/mandate.pdf (Adobe Reader is required).

The following is a summary for those who do not have an Internet connection.

"The efficient administration of justice, which is the duty of the courts, cannot be made to depend upon the discretion or whim of the county council or any other officer of county government" - Indiana Supreme Court. According to the Supreme Court, "The court may make such rules and regulations as are necessary to secure its own freedom of action, and to carry on its business with dignity, decorum, order, due dispatch, and convenience and has constitutional authority to employ necessary personnel to perform its inherent and constitutional functions and to fix the salary of such personnel. It then becomes the duty of the County Council to make the proper appropriation to meet such expense."

It is my duty to assure the efficient administration of justice for the citizens of Carroll County, a duty I take seriously. The bailiff, required by statute, represents one-third of the court's full-time staff. With a full staff it is sometimes difficult to get all of the work done in a timely manner. Without a bailiff it is impossible. Immediately after my former bailiff began her six month sick leave without pay, I acted promptly to appoint a bailiff from a pool of recent applicants for a position requiring similar qualifications.

I appointed a highly qualified person with many years of work experience and a degree from Purdue. She is working fulltime performing the duties of bailiff. The council has fixed the salary of the bailiff in its salary ordinance and appropriated funds to pay the salary. She should be paid the fixed salary from the appropriated funds. Instead, the council has determined that the bailiff should receive no benefits and be paid at an hourly rate set by the council for the court to employ a high school student to do filing after school. The court cannot employ or retain a qualified employee for compensation currently allowed. To assure the continued operation of the court without disruption, I have filed a mandate action.

In the polling question on the Comet web page the following question and answers were presented: What would you want the county council to do if Judge Smith mandates his temporary staff person receive health benefits and a higher wage than allowed by the county personnel policy? Pay the mandated higher wage package or File grievance, go to court, let impartial judge rule.

This question is not unlike "When did you stop beating your wife?" There is no pretense of neutrality. The question assumes the very issues in dispute as true.

What if the new bailiff is not a temporary employee? (I have never referred to her as a temporary employee.) What if the "higher wage package" is not a higher salary but the salary already approved by the council for the court's bailiff? What if Judge Smith as part of the judicial branch is not required to comply with the county personnel policy?

I would like to suggest some other possible questions:

1. Should the Superior Court bailiff, an experienced employee with a college degree who is working 36 hours per week and performing all of her duties as bailiff,

A. Be paid the higher salary approved by the county council as a fair salary for court's bailiff in the county salary ordinance; or

B. Be paid the wages originally intended to be paid to a high school student working a few hours each week after school and no benefits? If B, should the bailiff quit?

2. Should the County Council

A. Acknowledge that, based upon holdings of the Indiana Supreme Court, Judge Smith has the authority to employ necessary personnel, to fix their salary, and to require appropriations and payment and pay the previously approved and budgeted salary; or

B. Resist the mandate at considerable cost to the county?

Jeffrey R. Smith, Judge of Carroll Superior Court