Delaware County Circuit Court v. Indiana Civil Rights Commission
Docket: No. 49A02-9811-CV-939
Court: Indiana Court of Appeals; November 14, 1999; Indiana; State Appellate Court
Delaware County appeals a trial court ruling that requires it to pay a judgment against the Delaware County Circuit Court and to impose a ten percent interest rate on that judgment. The key issues for review are whether the trial court erred in ordering a nonparty, Delaware County, to pay the judgment and whether it erred in setting the interest rate at ten percent.
The case involves Debra Salais, who was employed at the Juvenile Center run by the Circuit Court. After an incident with a juvenile detainee, Salais took a leave of absence, and upon her readiness to return, Judge Caldemeyer denied her reinstatement, leading to her discharge in May 1984. Salais, who suffers from Bipolar Disorder, filed a discrimination complaint, resulting in the ICRC finding her termination unlawful due to handicap discrimination. The ICRC ordered the Circuit Court to pay Salais $55,444.47 in lost wages and benefits, a decision later affirmed by the state supreme court.
Despite the ICRC's efforts to collect the award, the Circuit Court resisted payment, prompting the ICRC to seek a writ of assistance, which the trial court granted, ordering Delaware County to pay the judgment. Delaware County argues that, as the Circuit Court is a state entity, the state should be responsible for the payment, citing precedents that classify county courts as part of the state judicial system while also noting that Indiana law mandates county governments to fund state trial court operations.
The juvenile court is responsible for appointing staff and managing budgets for juvenile detention and shelter care facilities, with Delaware County covering all associated expenses, including salaries for court personnel. In Mears v. Lake County Council, the court determined that indemnification costs, including legal expenses, are considered 'expenses' under Indiana law, obligating the county to pay judgments against the juvenile court. Consequently, Delaware County must cover a judgment against the Circuit Court related to the Juvenile Center, as affirmed in ICRC v. Delaware County Circuit Court. The ICRC and Salais sought a writ of assistance to enforce this judgment, referencing the Fifth Circuit’s interpretation of Federal Rule 70. However, the court decided that the Delaware County Auditor should fulfill the payment obligation, as authorized under Indiana Code Section 36-2-6-4(b), despite the Auditor not being a party in the initial proceedings. The inclusion of the Delaware County Council, Commissioners, and Treasurer as parties was deemed unnecessary. Additionally, Delaware County contested the trial court's ten percent interest rate on the judgment, which was found to exceed the statutory maximum of eight percent, leading to a correction of the interest rate. The court affirmed the principal judgment, adjusted the interest rate, and instructed timely payment by the Auditor.
