St. Joseph County commissioners veto JJC request

November 16, 2010|By ERIN BLASKO, Tribune Staff Writer

SOUTH BEND — The St. Joseph County Board of Commissioners voted unanimously today to veto an ordinance appropriating $225,000 to finance improvements at the Juvenile Justice Center.

Probate Judge Peter J. Nemeth requested the money in October to convert the space formerly occupied by the Court Appointed Special Advocates Program into a fifth courtroom.

He asked that it be taken from the Juvenile Probation Fees Fund.

At its meeting last week, the County Council adopted the ordinance by a vote of 5-4, with members Mark Root, Dan Herbster, Mike Hamann and Mark Catanzarite opposed

Nemeth previously requested money to convert the former CASA space in 2008.

The County Council approved that request as well, but members of the Board of Commissioners, including current President Bob Kovach, refused to release the money.

In response, Nemeth issued a mandate order demanding the money.

The case ended up before the Indiana Supreme Court, which ruled in January that Nemeth had not provided sufficient evidence to prove the need for an additional courtroom at the JJC.

The court also ruled that juvenile probation fees may only be used to supplement probation services and the salaries of probation officers, and not to "replace other funding or probation services."

During the period for comment today, Kovach, D-District 3, referred to the state Supreme Court ruling to explain his opposition to the ordinance.

"The Indiana Supreme Court has been very clear in stating that the statute does not allow the use of probation user fees to expand courtrooms," he said.

"By casting this vote, I intend to follow the law," he said.

Commissioner Dave Thomas, D-District 2, agreed.

"And I would just add that to vote for something that is unlawful, I think it sets a poor example for the citizens of St. Joseph County that it’s OK to break some laws," he said.

The ordinance now returns to the County Council, which can override the veto with the support of six of its nine members.

For more about this story, see Wednesday’s South Bend Tribune.

Staff writer Erin Blasko:
eblasko@sbtinfo.com
574-235-6187

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