Thank you for your article making the citizens of Carroll County aware of our blog.
I do think you need a better and more recent photo of Judge Currie. I will email you this one.
Jeff Smith
Wednesday, May 14, 2008
Thank You to the Comet
Thank you for your article making the citizens of Carroll County aware of our blog.
I do think you need a better and more recent photo of Judge Currie. I will email you this one.
Jeff Smith
Important Update - New Calculations
Although we have reported in this blog the reductions already made to the court budgets (approximately $90,000), that has not been our primary focus. We want the public to understand that the additional demands made by the county council will cripple the courts. We believe our most recent assessment of the situation makes this clear.
Since posting the entry regarding contingency plans and making the video presentation below, we have made a more detailed calculation to determine the impact of the most recent cuts. Cases are scheduled several weeks and sometimes several months in advance. When the final budget was determined by the council in early May, the court calendars were already full through the month of June. The current staffing will be necessary for the scheduled cases, and it will not be possible to reduce staff of the courts prior to July 1, 2008.
To achieve the additional $20,000 reduction demanded of the Circuit Court, Judge Currie will have to do without his deputy court reporter during the final 26 weeks of 2008 and will have a bailiff for approximately 8 weeks of the 26 weeks. Allowing for vacation time already earned, the Circuit Court will only have one employee to do the work of three during the second half of 2008. There will be several weeks when he will not have a court reporter. (The current staff of the Circuit Court consists of a court reporter, deputy court reporter, and bailiff.)
To achieve the additional $20,000 reduction demanded of the Superior Court, Judge Smith will have to do without deputy court reporter, the part-time reporter, and will have to reduce the number of weeks that his court reporter will work during the second half of 2008. There will be several weeks when Judge Smith will only have one employee to do the work of three and one-half employees as well as times without a court reporter. (The current staff of the Superior Court consists of a court reporter, deputy court reporter, part-time court reporter, and a bailiff.)
With the required reductions in staffing, it will be not be possible for the court to conduct business as usual. A court reporter is necessary to have hearings in court. Sometime there will be no court reporter. The courts will be on life support for six months.
The courts, as instructed, have operated on the 2007 budget since January 2008. Due to the delay by the council in reaching a final budget, the additional cuts must be made over a six month period instead of a full year. The effect is to double the impact of the cuts. The elimination of a staff person at mid-year only reduces the annual budget by one-half of that person’s salary because the other half has already been paid to her.
Since posting the entry regarding contingency plans and making the video presentation below, we have made a more detailed calculation to determine the impact of the most recent cuts. Cases are scheduled several weeks and sometimes several months in advance. When the final budget was determined by the council in early May, the court calendars were already full through the month of June. The current staffing will be necessary for the scheduled cases, and it will not be possible to reduce staff of the courts prior to July 1, 2008.
To achieve the additional $20,000 reduction demanded of the Circuit Court, Judge Currie will have to do without his deputy court reporter during the final 26 weeks of 2008 and will have a bailiff for approximately 8 weeks of the 26 weeks. Allowing for vacation time already earned, the Circuit Court will only have one employee to do the work of three during the second half of 2008. There will be several weeks when he will not have a court reporter. (The current staff of the Circuit Court consists of a court reporter, deputy court reporter, and bailiff.)
To achieve the additional $20,000 reduction demanded of the Superior Court, Judge Smith will have to do without deputy court reporter, the part-time reporter, and will have to reduce the number of weeks that his court reporter will work during the second half of 2008. There will be several weeks when Judge Smith will only have one employee to do the work of three and one-half employees as well as times without a court reporter. (The current staff of the Superior Court consists of a court reporter, deputy court reporter, part-time court reporter, and a bailiff.)
With the required reductions in staffing, it will be not be possible for the court to conduct business as usual. A court reporter is necessary to have hearings in court. Sometime there will be no court reporter. The courts will be on life support for six months.
The courts, as instructed, have operated on the 2007 budget since January 2008. Due to the delay by the council in reaching a final budget, the additional cuts must be made over a six month period instead of a full year. The effect is to double the impact of the cuts. The elimination of a staff person at mid-year only reduces the annual budget by one-half of that person’s salary because the other half has already been paid to her.
Sunday, May 11, 2008
Monday, May 5, 2008
Why the Carroll County Courts are in Crisis
Unless the judges are successful in restoring funding, the court reporting staff of each court will be cut in half. There will be times during vacations and illness when a court will have no court reporter. The court offices will be unmanned and closed during jury trials and during the bailiff’s vacation. The number of cases scheduled for hearing each week will be cut in half. This will result in delays in bringing criminal defendants to trial, resolving custody disputes, resolving small claims, and many other matters. In simpliest terms, one court reporter will not be able to do the work of two, but the caseload and work will not be reduced.
The funds for the public defender will be gone well before the end of the year. The right to representation by an attorney is guaranteed by the Constitution of the United States and the State of Indiana. The cases of defendants without the resources to employ their own attorney cannot be prosecuted if there is no public defender appointed. Delays resulting from the unavailability of public defenders and lack of staff may result in the dismissal of criminal cases.
Our efforts are to secure essential funds for the courts and not for personal gain. The county portion of our salary was among the first items eliminated by the county council. We do not seek the reinstatement of our salary. Our concern is for the judicial system in Carroll County and access to the courts for the citizens of the Carroll County.
Possible Contingency Plans are set out below.
The funds for the public defender will be gone well before the end of the year. The right to representation by an attorney is guaranteed by the Constitution of the United States and the State of Indiana. The cases of defendants without the resources to employ their own attorney cannot be prosecuted if there is no public defender appointed. Delays resulting from the unavailability of public defenders and lack of staff may result in the dismissal of criminal cases.
Our efforts are to secure essential funds for the courts and not for personal gain. The county portion of our salary was among the first items eliminated by the county council. We do not seek the reinstatement of our salary. Our concern is for the judicial system in Carroll County and access to the courts for the citizens of the Carroll County.
Possible Contingency Plans are set out below.
Saturday, May 3, 2008
Is Mandate a "four-letter" Word?
"Mandate" is a a harsh and threatening word. It is unfortuante that "mandate" is the word used to describe the process through which a dispute between two separate but equal branches of the government is resolved.
Under the Indiana Constitution, the county council is required to provide the Carroll County Courts with sufficient funds to operate the courts. If the judges believe the funds are not sufficient, they may initiate an action called a "mandate." The Order of Mandate gives the county council notice of what the judges are requesting. The county council can agree to the request, and the matter is concluded. The county council can resist the request. Then, a special judge holds a trial and determines whether the request is for funds reasonable and necessary for the operation of the courts. If the special judge rules that the funds are necessary, then the Indiana Supreme Court must review and approve the decision before it becomes effective.
Given that "Mandate" is to many a four-letter word, why would we mandate funds? Not for personal gain. The county portion of our salary was among the first items eliminated from the budget. We are not asking for our salary to be reinstated. Our concern is not for ourselves but for the judicial system in Carroll County. It is our duty to assure the efficient administration of justice for the citizens of Carroll County, a duty we take seriously.
Please look at Financial Impact Upon Courts to see the financial impact upon the courts and why the courts will be unable function normally under the current budget.
Please look at Contingency Plans to see what drastic actions will required of the courts under the current budget.
Under the Indiana Constitution, the county council is required to provide the Carroll County Courts with sufficient funds to operate the courts. If the judges believe the funds are not sufficient, they may initiate an action called a "mandate." The Order of Mandate gives the county council notice of what the judges are requesting. The county council can agree to the request, and the matter is concluded. The county council can resist the request. Then, a special judge holds a trial and determines whether the request is for funds reasonable and necessary for the operation of the courts. If the special judge rules that the funds are necessary, then the Indiana Supreme Court must review and approve the decision before it becomes effective.
Given that "Mandate" is to many a four-letter word, why would we mandate funds? Not for personal gain. The county portion of our salary was among the first items eliminated from the budget. We are not asking for our salary to be reinstated. Our concern is not for ourselves but for the judicial system in Carroll County. It is our duty to assure the efficient administration of justice for the citizens of Carroll County, a duty we take seriously.
"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 administrative or executive officer of county government." INDIANA SUPREME COURT
Please look at Financial Impact Upon Courts to see the financial impact upon the courts and why the courts will be unable function normally under the current budget.
Please look at Contingency Plans to see what drastic actions will required of the courts under the current budget.
Contingency Plans for operation under the current budget
With the last cuts in the court budgets by the County Council, each court will lose one-half (1/2) of its court reporting staff for the balance of 2008. Funds for public defenders will be exhausted by the end of September. There are two possible contingency plans.
Contingency Plan #1
Remain a full-service court and hope for the best
Continue to operate with a full staff knowing that by November the appropriated funds for the court staff will be nearly exhausted. If the Indiana Supreme Court has not approved the courts’ request for additional funds by November, both courts will close except for initial hearings in felony cases and emergency matters, perhaps sharing one part-time court reporter. When the funds for public defenders are gone, the cases of defendants entitled to a public defender will be continued to 2009, when hopefully funds will be available. The funds needed in 2009 will obviously have to include funds for those 2008 cases that were not resolved because the courts could not provide a public defender. The hope is that the mandate action will be completed before the courts have to shut down and additional funds are provided.
Contingency Plan #2
Immediately Reduce Courts Services by One-Half
1. The number of hearings scheduled will be reduced by one-half. Criminal cases will be given priority.
2. A morning will be set aside for small claims once a month and the number of cases scheduled for that morning will be capped. Small claims are currently scheduled three or four mornings per month.
3. Jury trials will be limited to no more than two a month. Criminal cases will be given priority. Defendants now know that if a resolution of their case is not reached promptly they will face a jury trial within a few weeks. If defendants believe delays may result in the dismissal of their case, the number of cases now routinely resolved without trial will become smaller.
4. Two days will be set aside without hearings at the end of each quarter for preparation of the quarterly report.
5. During the four weeks of the remaining full-time court reporter's vacation, only emergency hearings will be scheduled. The judge will attempt to schedule his vacation time to coincide with that of the court reporter.
6. One morning per month will be reserved for child support cases with a cap on the number of cases scheduled.
7. If funds for public defenders and indigent counsel are reduced, counsel will be provided in the more serious cases. Less serious cases will be delayed until funds are available. If a defendant is not brought to trial within the time required by Criminal Rule 4, the case will have to be dismissed.
8. No hearings will be set on the Friday following a Thursday night court session so that the orders from the night court can be written, signed, placed in the order book and mailed to the parties in a timely manner.
9. File a mandate action, request an expedited trial and hope for a quick resolution so the courts can resume full-time status.
Deciding which contigency plan to use will not be easy, but unless the county council reconsiders, it will have to be made quickly.
Contingency Plan #1
Remain a full-service court and hope for the best
Continue to operate with a full staff knowing that by November the appropriated funds for the court staff will be nearly exhausted. If the Indiana Supreme Court has not approved the courts’ request for additional funds by November, both courts will close except for initial hearings in felony cases and emergency matters, perhaps sharing one part-time court reporter. When the funds for public defenders are gone, the cases of defendants entitled to a public defender will be continued to 2009, when hopefully funds will be available. The funds needed in 2009 will obviously have to include funds for those 2008 cases that were not resolved because the courts could not provide a public defender. The hope is that the mandate action will be completed before the courts have to shut down and additional funds are provided.
Contingency Plan #2
Immediately Reduce Courts Services by One-Half
1. The number of hearings scheduled will be reduced by one-half. Criminal cases will be given priority.
2. A morning will be set aside for small claims once a month and the number of cases scheduled for that morning will be capped. Small claims are currently scheduled three or four mornings per month.
3. Jury trials will be limited to no more than two a month. Criminal cases will be given priority. Defendants now know that if a resolution of their case is not reached promptly they will face a jury trial within a few weeks. If defendants believe delays may result in the dismissal of their case, the number of cases now routinely resolved without trial will become smaller.
4. Two days will be set aside without hearings at the end of each quarter for preparation of the quarterly report.
5. During the four weeks of the remaining full-time court reporter's vacation, only emergency hearings will be scheduled. The judge will attempt to schedule his vacation time to coincide with that of the court reporter.
6. One morning per month will be reserved for child support cases with a cap on the number of cases scheduled.
7. If funds for public defenders and indigent counsel are reduced, counsel will be provided in the more serious cases. Less serious cases will be delayed until funds are available. If a defendant is not brought to trial within the time required by Criminal Rule 4, the case will have to be dismissed.
8. No hearings will be set on the Friday following a Thursday night court session so that the orders from the night court can be written, signed, placed in the order book and mailed to the parties in a timely manner.
9. File a mandate action, request an expedited trial and hope for a quick resolution so the courts can resume full-time status.
Deciding which contigency plan to use will not be easy, but unless the county council reconsiders, it will have to be made quickly.
Friday, May 2, 2008
What is the financial impact of the current budget upon the courts?
The judges agreed to reductions totaling approximately $90,000. The council then cut an additional $90,000 from the court budgets. The following chart illustrates the magnitude of the cuts.
The jail budget was cut 11.3% and the sheriff's budget was cut 17.7 percent. The percentage of total reduction to the Joint Court Budget, the largest of the court budgets, is nearly four times that of the Jail Budget and two and one-half times that of the Sheriff's Budget.
The impact of these cuts is magnified by county council's delay in finalizing a 2008 budget. We have been operating on the 2007 budget. Thus, all of the reductions for the 2007 budget will have to be made over an eight month period instead of a full year. For the joint court budget, that will mean $15,217 per month instead of $10,145 per month.
The jail budget was cut 11.3% and the sheriff's budget was cut 17.7 percent. The percentage of total reduction to the Joint Court Budget, the largest of the court budgets, is nearly four times that of the Jail Budget and two and one-half times that of the Sheriff's Budget.
The impact of these cuts is magnified by county council's delay in finalizing a 2008 budget. We have been operating on the 2007 budget. Thus, all of the reductions for the 2007 budget will have to be made over an eight month period instead of a full year. For the joint court budget, that will mean $15,217 per month instead of $10,145 per month.
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