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The Indiana Supreme Court is scheduled to hear oral arguments in April in a dispute between the Jackson Circuit Court judge and the Jackson County Council over court employee salaries.
In 2023, Jackson Circuit Court lost one court reporter to the auditor’s office and a bailiff/office manager to a private sector position due to salary concerns.
Judge Richard Poynter came up with a plan to address the issue. He would leave vacant the court reporter position and reallocate the position’s salary to his remaining four staff members. He sent a letter to the Jackson County Auditor outlining his plan.
It was rejected by the Jackson County Council and the auditor.
Poynter then issued a mandate requiring the Jackson County Council and the auditor to adopt his plan, providing pay at a set level for each of his employees:
- Shelina Stuckwisch – Office Manager/Bailiff $58,370
- Lori Fisher – Court Reporter $56,593
- Janet Nehrt – Court Reporter $52,000
- Jena Wessel – Court Reporter $52,000
Instead of following the plan to reallocate the money for the vacant court reporter post, the Jackson County Council provided raises for all Jackson County court employees.
While the raises were welcome, Poynter’s four employees were still making less than the salaries he set.
Poynter then issued an amended mandate which specified that the money be allocated among his four Jackson Circuit Court employees at the amounts indicated or the fifth position be reinstated.
The Indiana Supreme Court appointed Special Judge Greg Zoeller to hear the matter.
In Poynter’s pre-hearing brief, he stated that the case is about judicial independence.
“Upholding the Mandate will ensure that the Jackson Circuit Court is able to operate independently from the executive and legislative branches of government, can provide sufficient access to justice, and pay its staff a fair and competitive wage,” the brief stated.
Zoeller entered an order in favor of the County Council, finding that there was no “clear and present danger” to the Jackson Circuit Court’s operation in October 2024 following an August 2024 hearing.
Poynter petitioned the high court to review the case in November 2024. He is asking the high court to compel the council to immediately comply with the mandate.
The Jackson County Council argued in its brief that Poynter cannot unilaterally reallocate his budget and that the evidence does not show a clear and present danger requiring a mandate to fill the probate clerk position.
The council asks the high court to affirm Zoeller’s findings.
The state’s high court will hearing arguments in the case at 9 a.m. on April 30 in the Indiana Supreme Court Courtroom in Indianapolis.
The case is In re Order for Mandate of Funds of Jackson Circuit Court, 25S-CB-00017.
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