ANDERSON — Amidst scrutiny over their $5,000 county-sponsored stipends, Madison County judges are hoping to explain that they were not motivated by greed when they protested losing the stipends during a recent County Council meeting.

The Madison County Council is faced with making $3.8 million in budget cuts this year and decided to ax the judges’ stipends in early October.

County judges are paid $125,000 by the state and receive an additional $5,000 stipend from the county each year.

Between the five Superior Court judges and one Circuit Court judge, the county pays $30,000 in stipends each year.

On Oct. 8, Judge Thomas Clem appeared before the council and argued that the stipends should be restored to the judges.

The council reversed itself and restored the stipends.

Although the objection to losing the stipends was perceived as greed by many local readers who reacted by posting comments to The Herald Bulletin Web site, Clem said the judges had just cause to object.

According to Article 7 of the Indiana State Constitution, Clem said, an acting judge’s salary cannot be reduced.

Judge Dennis Carroll said the provision is in place to ensure that county judges cannot be influenced by county and city officials. “If we had to worry that county officials could reduce our salary, that could have a very chilling effect on a judge’s decision.”

Clem also objected to the manner in which the stipends were rescinded by the council.

He claims the council made the decision after it had already passed the judicial budget.

The council, he said, did not inform judges that their stipends were in jeopardy or give them a chance to be part of the discussion.

The vote to rescind the stipends of county judges was conducted during a public meeting.

“It’s always risky for the council to make changes to any department’s budget without talking to the head of the department first,” Judge David Happe said.

Clem and Happe also objected to the fact that judges’ stipends were rescinded before any other cuts were made to employees in other county departments.

Clem said the judges felt “singled out” by the action.

Carroll said judges were put in an awkward position when the county rescinded the stipends because the action may have violated the Indiana Constitution and judges are charged with upholding all aspects of the constitution.

In two other central Indiana counties, judges have sued their respective counties when stipends were threatened.

In 2006, Grant County Judge Tom Hunt sued and won when the county council attempted to take away the $5,000 stipends paid to judges.

“The constitution of Indiana says that you can’t decrease a judge’s salary, and they did it,” Hunt told The Herald Bulletin.

He was preceded in his legal action by Judge Dane Nash who sued Tipton County when it attempted to rescind stipends.

Since his state salary was increased in 1996 when the stipend was rescinded, Nash’s salary was not technically reduced and therefore did not violate the state constitution, Hunt said.

Although they’d be able to sue the county over the stipends, Carroll said judges are not likely going to take that action.

“Nobody’s threatening litigation. I don’t expect it will come to that. I fully expect we’ll have a solution that everybody feels good about.”

Although many Indiana counties are facing budget deficits as a result of property tax caps, stipends are fairly common in counties near Madison County.

Marion, Hamilton, Hancock and Delaware counties all pay their judges $5,000 each year.

Henry, Grant and Tipton counties have stopped providing the stipend.

Many prosecutors and their deputies also receive the stipend, including the office of Madison County Prosecutor Tom Broderick.

Councilman Bill Savage said the stipends are used by the prosecutor’s office to ensure that the best deputy prosecutors choose to serve in Madison County.

Although the stipends have been restored, Carroll says the council will see cooperation from the county judges in making significant progress on the budget. “We don’t want the public to think we’re being prima donnas or difficult.”

Carroll said judges will meet this week to discuss ways to help the county save money and has his own opinion about how the judges can give back.

“Part of our responsibility is to uphold the constitution in good times and bad times. It doesn’t mean we cannot voluntarily give some money back.”

Judge Thomas Newman has chosen to keep out of the stipend debate, and said he realizes the county council members have a difficult task ahead of them.

If the council rescinds his stipend again, Newman says he’ll be comfortable with the decision.

“It is what it is. If I need to get extra money, I could go out and get an extra job.”

Contact Brandi Watters: 640-4847, brandi.watters@heraldbulletin.com