Bad Judges and other public officials.

The following are comments of our readers. We are not responsible for their content, but do allow freedom of speech here.

If you would like to add your bad Judge, please do so at this link. Only send information which you want included.

Letters to the Editor on Judges:
Donald C. Johnson
Janet Burney

Misidentification of ID theft justice wins

Thank you, Judge Don Johnson, for bringing me up to speed on today's laws. I had no idea a person could forge state and federal tax papers, steal someone's Social Security number and forge papers to get a checking account (J&C, March 27). Never mind the poor woman in Texas who has to fight the IRS every year, has no credit left and can not get Social Security benefits. Now I may be wrong here, but I was taught that if someone stole something, and you purchased it knowing it was stolen, you were just as guilty. It is a wonder this country is in the state it's in with who we've put in office.
Ricci Kincaid, Clarks Hill

The Judge as we know is Donald C. Johnson-More 'social' justice on the line

As a member of this community, I became very concerned after reading the March 27 article about a woman who admitted using false documents to find work. The judge in the case states that the state court is not in a position to settle a national social problem. He further stated, "Our society is hiring these people."

Those statements stir my curiosity and concern about the following questions: Will this judge start freeing drug dealers since it is society that is buying the illegal drugs? Will he let drunk drivers go because it is society that is selling alcohol? Are not all of these national social problems? Is not identity theft a crime?

Maybe the judge should consider ordering a psychiatric evaluation be done on himself to see if he is competent enough to understand what is going on in his court, and not just pass the buck on rendering just decisions.
J.D. Austin, Lafayette

Judge frees woman who used fake documents to find work
By Joe Gerrety, Journal and Courier

A Lafayette woman who admitted she used another person's name and Social Security number to get and maintain employment in Tippecanoe County was sentenced Friday to three years on unsupervised probation.
Mireya Garcia, 29, the mother of two young children, including a nursing newborn, wept and said, "Thank you," after Judge Don Johnson let her walk out of his courtroom Friday afternoon.
Johnson noted there are tens of thousands of other undocumented workers in Indiana and across the country also in Garcia's position.
"The state court is not in a position to settle this national social problem," Johnson said, in rejecting a probation officer's recommendation that Garcia serve four years in prison.

Garcia, a Mexican national who spoke through a Spanish interpreter, said she bought a fake Social Security card for $200 when she came to Indiana so that she could obtain employment and support her family.
But in the process of staying employed, deputy prosecutor Andrew Searle said, she lied on at least four other documents:
State and federal W-4 forms on which she claimed more exemptions than she was entitled to.
An Immigration and Naturalization Service document on which she affirmed that she was a U.S. citizen.
A checking account application on which she certified her tax identification number.

Garcia pleaded guilty to four Class D felony counts of perjury.
Gabriel Colón, an emergency services coordinator at the Community and Family Resource Center, said Garcia did what hundreds of other illegal immigrants in Tippecanoe County do to make a living.
Colón estimated that "well over a thousand," people in Tippecanoe County have purchased fake documents in order to obtain employment, because without documentation it is nearly impossible to obtain safe work with a trustworthy employer.
"It's pretty common," Colón said of the practice of buying false identification.

The problem in Garcia's case, Searle said, is that the false name and Social Security number she used belong to a real person who lives in San Antonio, Texas. That woman told authorities that her car was stolen, along with her purse and identification papers, in 1997.
The woman has repeatedly been a victim of identity theft ever since, according to Indiana State Police. Every year when that woman files her income tax return, she has to endure Internal Revenue Service scrutiny because others around the country have stolen her identity.
The situation also has affected the woman's credit and her ability to receive Social Security benefits, according to court documents.
On a federal W-4 form in 1999, according to court documents, Garcia listed six dependents, even though she had only one child at the time.

When Johnson asked her why she had claimed so many dependents -- reducing the amount of income tax withheld from her paychecks -- she said she also was supporting her husband, her parents and two younger siblings.
According to court documents, Garcia has never filed an income tax return.
Noting the damage done to the person whose identity was stolen and the fact that Garcia previously was deported from the United States in 1996, Searle suggested an 18-month jail term.

"Who's going to take care of those two little U.S. citizens, just out of curiosity?" Johnson said, referring to Garcia's children. Searle said Child Protective Services likely would make that determination.
Johnson noted that a local agent of the Federal Bureau of Investigation had determined that the case did not meet the criteria for federal prosecution. That agent referred the case to the Indiana State Police in 2001. Charges were filed in March 2003.
Johnson said the state courts are no better equipped to deal with such cases, which could quickly become overwhelming.
"I'm concerned that we've got tens of thousands of people here under the same circumstances. Are we going to just lock them all up?" Johnson asked.

"Our society is hiring these people."

Council complies with judge's pay mandate
Johnson's bailiff has accrued 1,018 OT hours this year
By Joe Gerrety, Journal and Courier

The Tippecanoe County Council this morning voted unanimously to comply with a mandate from Judge Don Johnson regarding the release of funds to pay his staff for overtime and part-time hours.
But at the same time, the council unanimously voted to send the three-term judge of Tippecanoe Superior Court 1 a 2 1/2-page letter outlining concerns that have simmered throughout the year about his staff's "incredible" reliance on overtime.
The council's review of county auditor's records of overtime claims by Johnson's court "raised substantial concerns as to the legitimacy and reasonableness of the Court's request for additional overtime appropriations in light of the incredible number of overtime hours claimed by one employee."

Johnson declined to respond to those concerns this morning.
Johnson's full-time bailiff Kelly M. Davis has claimed 1,018 hours of overtime this year totaling more than $20,000 and augmenting her regular salary of $27,000 by 75 percent.
"The Council had serious concerns as to whether the Court was aware of all the claims and requests which had been submitted on its behalf," the letter, signed by all seven council members, states.
County attorney Dave Luhman met with the judge privately in his chambers immediately after the council's 7:30 a.m. meeting to deliver the letter and schedule a meeting between the judge and members of the council to discuss the situation.
Johnson said that meeting will take place in late January, after he returns from a vacation.

"I think the council's got a tough job. The community has growing expenses, they have tight resources," Johnson said. "I feel optimistic. I look forward to working with the council next year. ... This is all I have to say right now."

Tippecanoe County letter to Judge Donald Johnson
December 19, 2003

Honorable Donald C. Johnson

Superior Court I Tippecanoe County Courthouse Lafayette, IN 47901

Dear Judge Johnson:

In response to the Court's "Order for Mandate of Funds," dated December 17, 2003, and after much consideration, the Tippecanoe County Council has on this date approved the Court's request for transfer of funds from account number 001-7101-411.1310 as

To Acct. No 001-7101-411.1310 Overtime $6,000.00

To Acct. No 001-7101-411.1220 Part Time $3,000.00

In connection with such approval, please understand that the Council's prior inability to approve such request in no way reflected a desire to provide less-than-adequate funding for operation of the Court, but rather resulted from the paucity of reliable information received from the Court as to its true needs.

In particular, the Council's concerns over the credibility and legitimacy of requests for Overtime and Part-time have grown over the past several months.

On August 7, 2003, the Court submitted a letter to the Council (attachment A to this letter) with attached detailed billings from Pauper Attorneys (not attached to this letter) and a list of Superior Court Staff and their salaries (attachment B to this letter), in support of the Court's request for additional appropriations of $8,000 for Part-time and $15,000 for Overtime. No information was provided at that time as to overtime hours incurred to date or expected to be incurred by the Court's staff.

Although Your Honor personally attended one County Council meeting along with the Court's Bailiff, Ms. Davis, to explain the need for significant Overtime pay, the Council was not provided with a detailed, itemized listing of hours worked for any period.

On October 24, 2003, a Request for Appropriation (attachment C), signed by Kelly M. Davis, was submitted on behalf of the Court. It requested $5,000 for Overtime, $4,000 for Part-time, $20,000 for Pauper Attorney and $3,000 for Evaluation Services, $688.50 for Social Security and $237.50 for retirement, for a total of $32,926. Total requests for additional appropriations from all Courts and County Departments for the November meeting totaled $60,585. As there remained only $31,540.76 of uncommitted funds on hand for the remainder of the year, the Council was unable to grant all requests.

In considering the Court's request for additional Overtime and Part-time appropriations at the November Council meeting, the Council reviewed a summary of Superior Court 2003 Overtime expenses prepared by the Tippecanoe County Auditor's office (attachment D). The review of the summary raised substantial concerns as to the legitimacy and reasonableness of the Court's request for additional overtime appropriations in light of the incredible number of overtime hours claimed by one employee.

Council members questioned why one employee was being consistently required to work 60 or 65 hours of overtime each pay period. (Please note that the report reflects only hours claimed in excess of 40 hours per week and paid at the employee's overtime rate. Because County employees regularly work 37 1/2 hour weeks, the employee must also have worked an additional five hours of overtime paid at the employee's regular rate in each pay period, for totals of 65 to 70 hours of overtime per period.)

In response to questioning, the Council was informed that the billings might actually include pay for accrued Compensatory Time; yet we were advised by the County's Human Resources Director that no compensatory time could be accrued in excess of 240 hours. Because of the substantial questions raised as to the appropriateness of the overtime and part-time requests, the Council approved the appropriation of $3,000 for Evaluation Services and $17,000 for Pauper Attorney, as requested by the Court, and deferred action on the remaining requests pending receipt of further information as to their appropriateness and necessity.

The Council's failure to approve the requests for additional appropriations for overtime and part-time at its December meeting was the direct result of its having failed to receive any satisfactory explanation for the extraordinary claims of overtime incurred in respect to one employee. The Council's concern was aggravated by the fact that Superior Court appears to be the only Court which allows a clerical staff member to sign and submit claims, requests for additional appropriations and requests for transfers on its behalf. The Council had serious concerns as to whether the Court was aware of all the claims and requests which had been submitted on its behalf.

Of additional concern was the apparent practice of authorizing County employees to work overtime with knowledge that no funds had been appropriated therefore. We have been advised that Indiana Code 36-2-6-12(d) provides that any agreement entered into by a County employee that would require the County to exceed its appropriation for that particular purpose is void. Nevertheless, the Council was told that the Court's employees had already worked the part-time and overtime hours, and the County was obligated to pay them.

In consideration of the Council's approval today of the Court's request for additional appropriations to cover previously incurred and reasonably anticipated expenses for overtime and part-time, the Council would respectfully request that Your Honor give serious consideration to active review and signing of all claims and requests for additional appropriations and transfers made on the Court's behalf and implementing a review procedure for staff accounting for real hours worked, so as to provide the Council with the assurance that the Court's funding requests are in fact reasonable and necessary for the continued operation of the Court. As always, the Council is most appreciative of the time you have set aside to meet with the Council concerning the Court's needs rather than delegating those tasks to clerical personnel. We look forward to working closely with you for the betterment of our community.

Sincerely,

Connie L. Basham, President, David S. Byers, Ronald L. Fruitt, Jeffrey A. Kemper, Jeffrey Kessler, Betty J. Michael, Kathy Vernon

http://www.lafayettejc.com/news20031219/200312190local

Council's denial of payroll requests prompts judge's mandate
By Joe Gerrety, Journal and Courier

A Tippecanoe County judge played his trump card Wednesday in an ongoing dispute with county council members over overtime and part-time pay.
Judge Don Johnson of Tippecanoe Superior Court 1 argued that the courts can't operate without part-time and overtime budgets and is demanding county officials immediately transfer an estimated $9,000 to address the problem.
Council members stopped short of saying they would challenge the mandate issued by Johnson, but they want him to understand they're not playing games when they say "No more" to overtime and part-time expenditures.

"Personally, I think the employees need to be paid," councilman David Byers said. "But it's a two-way street here, and I don't think Judge Johnson's willing to go the other way. He has to understand that when the account's empty, the account's empty."
If the transfer of funds is not approved, five part-time employees will not receive paychecks, and three regular employees will not receive payment for overtime already worked in the past two weeks, according to Kelly Davis, Johnson's bailiff.

Johnson's mandate orders all seven county council members to report to his court at 8 a.m. Friday to explain themselves if they haven't made arrangements by then to make the funds available.
County council president Connie Basham said she has called a special council meeting for 7:30 a.m. Monday. The council could vote to make the transfer then.

"If the judge mandates payment, we have to pay," Basham said. "There's no option, but it's very clear that there are issues that the need to be addressed."
According to Davis, the judge wouldn't have allowed his part-time and overtime accounts to show negative balances if county auditor Bob Plantenga hadn't approved it in advance.
Davis said Johnson was prepared to issue the mandate a month ago after the council denied his request for an additional appropriation.

According to Davis, the judge changed his mind after Plantenga suggested that he request the transfer of $9,000 from his pauper attorney account to part-time and overtime.
Plantenga said Wednesday he has made that suggestion before, but he can't recall saying that last month.
Davis said she made a timely request for the transfer, but it was denied at Tuesday's council meeting. Councilman Jeff Kemper's motion to approve the transfer died for lack of a second.
"I'm not questioning his leadership as a judge -- I'm questioning his business management," Byers said during Tuesday's meeting.
"We were trying to make a point," Basham said Wednesday of the transfer denial.

Davis said the $9,000 request covers overtime and part-time worked by court staffers during November and December. On average, she said, the court spends $3,000 a month on overtime and $1,500 a month on part-time for the bailiff, court reporters and deputy bailiffs.
Johnson noted that that the regular staff for his court -- a full-time judge, one full-time bailiff and one full-time court reporter -- hasn't grown in the past 20 years.
So growth in the caseload dictates that part-time and overtime be regular parts of the court's budget.
Without the appropriations, Johnson wrote in his order, "the Court is facing a clear and present danger of not being able to perform its functions and duties ... "

The nine court employees affected by the denial of the transfer will not receive their overtime or part-time pay Monday, Plantenga said.
State law prohibits the auditor from paying out money without an appropriation by the council. However, federal labor laws require that workers be paid for the hours they work.
If council members have a special meeting to comply with the mandate, those employees can be paid before the end of the year, Plantenga said.
"As soon as there's an appropriation, we'll do the checks, in this case," he said.
http://www.lafayettejc.com/news20031218/200312182local