Morgan Circuit Court v. Morgan County Council, 55S00-8912-MF-891

• Decision Date: 12 March 1990
• Docket Number: No. 55S00-8912-MF-891,55S00-8912-MF-891
• Citation: 550 N.E.2d 1303
• Parties: . MORGAN COUNTY COUNCIL. Supreme Court of Indiana
• Court: Indiana Supreme Court

Page 1303

550 N.E.2d 1303

MORGAN CIRCUIT COURT v. MORGAN COUNTY COUNCIL.

No. 55S00-8912-MF-891.

Supreme Court of Indiana.

March 12, 1990.

DeBRULER, Justice.

This is a review of a judgment of the Morgan Circuit Court called for by Trial Rule 60.5. The judgment, rendered by the Honorable Robert L. Bennett, sitting as Special Judge pursuant to an appointment by this Court as required by the rule, affirmed in part and vacated in part an order for mandate of funds for salaries of court personnel.

The mandate order of the court which was the subject of the proceeding below enhanced the 1990 salaries of ten court employees working in the area of court services and probation and also enhanced the salary of the court reporter. The court reporter serves the Circuit Court, while the other ten employees serve all the courts in the county under a unified probation department. The judgment affirmed the order with respect to the salaries of probation workers, but vacated it with respect to the salary of the court reporter and required that she be paid in accordance with the salary ordinance adopted by the Morgan County Council. The judgment also ordered attorney fees for the court's counsel in the sum of six thousand dollars.

The general issue to be decided by a special judge in a proceeding under T.R. 60.5, the resolution of which this Court must review, is whether or not the funds ordered paid are reasonably necessary for the operation of the court and court-related functions, and whether any specific, fiscal or other governmental interests are so severely and adversely affected by the payment as to require the payment order to be set aside. State ex rel. Lake County Council v. Lake County Court (1977), 266 Ind. 25, 359 N.E.2d 918. Salaries of court employees fall with the mandate authority and may be ordered paid at a sufficient level to attract and retain qualified persons in service, Vigo County Council v. Vigo Superior Court (1979), 272 Ind. 344, 397 N.E.2d 969, as a court cannot function at a reasonable rate and in a dutiful manner without assisting staff. Salaries being paid for comparable positions in both the private and public sectors are relevant. The court need not wait to take action until the ability to operate has actually been impaired, but there must be a clear and present danger of impairment.

In reviewing a judgment upholding a mandate order, this Court does not ordinarily reevaluate the evidence, and we will affirm the judgment if there is substantial evidence of probative value. In re Mandate of Funds for the Brown Circuit Court (1987), Ind., 507 N.E.2d 583. However, the profound public interest in open and functioning courts and our special knowledge of trial court operations does render it rational for this Court to reserve to itself a measure of authority to weigh and evaluate the evidence in reviewing the judgment of the special judge. Id.

The complete and carefully written findings of the special judge made note of most of the following matters. The annual salaries mandated by the Circuit Court to be paid for the ten probation and special service positions exceeded in aggregate the amount ordered by the County Council in its ordinance by the sum of approximately twenty-one thousand dollars. With one exception, these individual salaries were consistent with the schedule of minimum salaries for probation officers, adopted by the Judicial Conference of Indiana in 1989 pursuant to the statutory authority reposed in that body by I.C. 11-13-1-8(a) and 11-13-1-1(c). The general review for substantial evidence is appropriately employed here with regard to the affirmance of the mandate of these enhanced salaries. Giving consideration to the nature of the duties of these special service and probation personnel, the...