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ATTORNEYS FOR THE APPELLANTS, CROSS-APPELLEES James F. Groves David E. Ballard South Bend, Indiana

ATTORNEY FOR THE APPELLEES, CROSS-APPELLANTS James A. Masters South Bend, Indiana

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Indiana Supreme Court
_________________________________ No. 71S00-0912-MF-569 IN THE MATTER OF MANDATE OF FUNDS; ST. JOSEPH COUNTY COMMISSIONERS AND ST. JOSEPH COUNTY COUNCIL,

In the

FILED
of the supreme court, court of appeals and tax court

Jun 22 2010, 10:22 am

CLERK

Appellants, Cross-Appellees, v. THE HON. PETER J. NEMETH AND THE ST. JOSEPH PROBATE COURT, Appellees, Cross-Appellants. _________________________________ Appeal from the St. Joseph Probate Court, Nos. 71J01-0902-JM-1, 71J01-0902-JM-2, and 71J01-0902-JM-3 The Hon. William F. Satterlee, III, Special Judge _________________________________ On Automatic Review Pursuant to Trial Rule 60.5(B) and Appellate Rule 61 _________________________________ June 22, 2010 Sullivan, J.

This case addresses disputes between the St. Joseph Probate Court and the St. Joseph County Commissioners over land, renovations, and salaries at the Thomas M. Frederick Juvenile Justice Center in St. Joseph County. As explained below, we approve certain renovations such

as those prompted by the need to close down some residential sections of the Center to save money. We disapprove the mandate for a new courtroom and most of the mandated salary increases. We remand the dispute over land adjoining the Center for an adjudication on the merits.

Background Thousands of Hoosiers of every kind and station come to Indianas trial courts each day to vindicate their legal rights and seek protection for their nearest and dearest interests. The constitutions and laws of our land demand that trial courts and their judges have the resources they need to resolve these cases promptly and fairly.

Indiana law imposes on county government the obligation for funding the majority of court operations. County government also has the obligation for funding many other important services. These are challenging obligations in any circumstances and they are particularly difficult in the present. From time to time

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