Council negotiates with judges for mandate resolution

2008-05-21 / Front Page

By Debbie Lowe Staff writer

Working to seal the deal Attorney Jim Huffer and county council president Nancy S. Cripe met Monday to review a proposed agreement between the council and Carroll Circuit Court Judge Donald Currie and Superior Court Judge Jeffrey Smith. If approved by all parties, the agreement would preclude the judges' need to file a mandate in order to resolve the 2008 budgetary dispute between the council and the judges. Comet photo by Debbie Lowe Working to seal the deal Attorney Jim Huffer and county council president Nancy S. Cripe met Monday to review a proposed agreement between the council and Carroll Circuit Court Judge Donald Currie and Superior Court Judge Jeffrey Smith. If approved by all parties, the agreement would preclude the judges' need to file a mandate in order to resolve the 2008 budgetary dispute between the council and the judges. Comet photo by Debbie Lowe Carroll County Council met in executive session for two hours Thursday evening. At 8 p.m. a public meeting was called to order by president Nancy S. Cripe. After the Pledge of Allegiance and a brief explanation of the nature of the meeting, Rob Baker moved to "authorize attorney James R. Huffer, for no expense to the county, to negotiate with the judges for an agreed reduction in their 2008 proposed budget for court and other related areas."

After unanimous approval, the meeting adjourned immediately, less than five minutes after it began. Huffer wasted no time in arranging a meeting with the judges. He approached them in the audience upon adjournment and set a meeting time for the next day.

"I feel the county is in financial trouble, affecting a lot of citizens of the county and employees," Huffer said after setting the meeting with the judges. "I am concerned deputies and EMTs have lost jobs."

"I have the time available right now and I maybe can help to put the parties together," he added.

"We wanted to avoid litigation," Cripe said. "The judges indicated that they would issue a mandate if we chose to leave the $90,000 reduction in their combined budgets."

Huffer achieved a proposition to the budget issues with Carroll Superior Court Judge Jeffrey Smith and Circuit Court Judge Donald Currie by Monday afternoon. A proposed compromise between the two parties was released to the Comet.

"I met with the judges from 11 a.m. to 12:30 p.m. last Friday," Huffer said Monday. "I told them the council wanted to prevent a mandate and reach a final resolution of the 2008 budget."

"By reason of the written agreement presented, the judges shall not find it necessary to mandate the council," he added.

The preliminary agreement brokered by Huffer has not been approved by the council nor was it signed by the judges Monday afternoon. The council scheduled an executive session for May 22 at 6 p.m. and an open meeting at 7.

The agreement reads in part, ... "The following agreement reduces expenditures in the general fund, allows previous reductions to remain in effect and provides a means of avoiding additional appropriations for the cost of indigent counsel later in the year. It also allows the Courts to retain the staff essential for the operation of the Courts and provides funds for public defenders to indigent defendants as required by the United States and Indiana Constitutions."

The agreement calls for salaries for the chief probation officer, probation secretary and second deputy probation officer to be paid from probation user fees, however salaries for the first two will be paid out of the general fund in 2009. Reductions in the joint courts fund included the appropriation for indigent counsel reduced from $12,000 to $10,600, public defender appropriation from $70,000 to $64,000 and additional pauper counsel reduced from $71,050 to $62,050.

The judges agreed to make available funds in the Drug and Alcohol Fund for public defender, additional pauper defender, indigent counsel or guardian ad litem expenses before seeking additional appropriations from the general fund if expenditures exceed the 2008 appropriation. The parttime reporter fund in Superior Court will be reduced from $15,225 to $12,225.

According to Cripe, the judges' proposed reductions total less than half of the $90,000 reduction by the council in the latest round of budget cuts. However, she remained optimistic.

"I am so appreciative to Jim Huffer for offering to negotiate on behalf of the council at no cost to the county," Cripe said in a prepared statement Monday. "I am also relieved that the judges were willing to work with Jim to reach an agreement rather than filing a mandate."

"I am privileged to have served," added Huffer. "I hope it was a benefit to the county."

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