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Judicial budget reviewed by commission

Eighth Judicial District Chief Judge Michael Powers presented a judicial budget proposal Monday to the Marion County Commission reflecting a necessary increase.

Powers is the chief judge in Marion, Dickinson, Morris, and Geary counties and presents an annual budget to each county commission.

For the past two years, the legal defense line item had exceeded the budgeted amounts. In 2002, $24,500 was budgeted and $44,300 was spent. In 2003, $29,500 was budgeted and $42,300 was spent.

The money is expended for attorneys' fees for defendants unable to pay the fees.

"This (providing legal defense) is required by law," explained Powers.

Commission chairman Leroy Wetta asked if contracting with attorneys would be cost effective. Powers responded Marion County is in the only county in the judicial district that does not contract.

Commissioner Howard Collett asked if the contract would put a "cap" on the cost of legal defense. Powers answered it would.

"You can 'cap' it as long as people are willing to sign the contract," Powers said. Currently legal fees are based on $50 per hour which was set in the mid-1980s. Powers added it is just a matter of time before the amount is raised.

Powers said his department would be willing to contact the local bar association to set up a meeting with a commissioner to discuss it.

Wetta asked Powers to "informally" ask attorneys to make sure there is an interest. Powers agreed to do so and said he thought it was "do-able."

The judicial budget for 2004 is $98,716, said Powers. For 2005, he was proposing $115,160 to cover the additional expenses. The Marion County budget is the only one with a significant increase, Powers said.

Powers also noted the necessity of upgrading courtroom recording equipment. He explained all proceedings within the courtroom are recorded.

"There have been three or four cases where the cassette recorder has failed," Powers said.

The cost for the digital recording equipment is $7,238. Morris, Dickinson, and Geary counties used grant funds to purchase equipment several years ago, Powers said. He said it was during the time the county courtroom was being remodeled and he did not pursue it.

Besides being unreliable, Powers said the cassette recorder has required repairs.

"We're to the point of no return," Powers said. "If you say we can't do it, we'll continue to repair it (cassette recorder)."

Powers added he was concerned about transcripts not being available for appeals and does not want the county to be faced with the dilemma.

"Recording equipment is a must," Powers said.

Jan Helmer, district court clerk, said a new copier is on her "wish list." The current copier is eight years old and has made more than 600,000 copies. The machine is serviced every couple of months.

The cost of a new copier was quoted at $6,500, to purchase outright. A lease could be drawn over two years for $3,500 a year or over three years for $2,500 a year.

The information was taken under advisement by the commission with decisions to be made at a later date.

Audie Magana, district court trustee, reported the trust is self-supporting by charging a fee on child support cases. Collection of child support is provided at no charge. Currently, the fee is two percent but will increase to three.

The majority of the budget increase is for salary and health insurance increases. Magana said 45 percent of the budget is carry-over from the previous year.

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