Superior court judge's request for Vigo County Jail study money goes nowhere

However, with no vote and no recommendation, Vigo County Auditor James Bramble said he will consult with Robert Effner, attorney for the County Council, to review council rules to determine if the issue can be placed on the council’s Nov. 14 meeting. Bramble was to check to see if that would include a request for an appropriation of up to $150,000.

Councilman Brendan Kearns moved to support up to $150,000 as requested from Judge Michael Rader, Vigo County Superior Court Division 5, to fund an independent study of the county jail.

Kearns’ motion died for a lack of a second. The committee is comprised of Kearns and councilmen Mike Morris and Aaron Loudermilk.

The committee debated having two studies: One the county commissioners are asking for from the National Institute of Corrections and a second done by a private firm contracted to perform an assessment of the county’s criminal justice system, as suggested by Rader. Rader said he thinks the county has “reached a point where there are concerns on the part of the council with respect to funding and concerns on the part of commissioners with respect to what they perceive as their project moving forward.

“Yet out in the community, there is this groundswell — that I think rapidly will become a tsunami — of opposition, and it has to do with whether or not what we are doing is in the best interest of the community, especially the long-term best interest of the community.

“Any time you are undertake a large capital project, it is important to know that you are addressing the real problem or the real set of problems,” Rader said.

“Construction of the jail in and of itself does not answer the real question about why the jail is full,” Rader said. “It is a rather quick solution to an apparent problem, that the jail is full, so we will just build more space.” Rader said he wanted to get a committee formed to hire an expert to conduct an independent assessment and have it finished no later than March 1.

“This issue in my view transcends local politics, and it is frankly time for the interested parties to set aside ego and set aside considerations of turf,” Rader said.

Councilman Loudermilk said he wanted specifics, including who would serve on the committee and how the expert would be selected.

Morris, chair of the council panel, wondered if the county council itself has the authority to do any more than appropriate funds, saying, “We can’t go around the commissioners.” Rader said the council is free to give money directly to his court and he, as a state employee, could execute any appropriate contracts.

National Institute study

That brought a quick response from commissioner Jon Marvel, who said if Rader wished to use his state-granted authority, he should get the state to fund the study he seeks. The commissioners, Marvel said, want a study conducted by the National Institute of Corrections.

Michael Wright, attorney for commissioners, said the county has requested an NIC study, which would be paid for by the federal government.

Wright said once the U.S. Congress approves a budget, the NIC, under the U.S. Department of Justice, could begin a study. Wright said the commissioners’ request has been approved — but federal funding will not come until Congress passes a 2018 budget.

Wright said the NIC would be in Vigo County for four days and produce a report within a week. The study could be completed by Dec. 8. The NIC would select experts from a roster of people who are eligible to apply for the work under contract. Kearn said he wants an independent study and is “not worried about the $150,000. On a $60 plus million project, it doesn’t even hit the radar screen,” he said.

Turf battle

Marvel said he knew the jail had overcrowding problems in 2005 and as sheriff at the time, he then requested the NIC to do a study. That study made recommendations of hiring people to manage jail input; however, the county was in the midst of a three-year hiring freeze, Marvel said. “The commissioners will not sign off to do an independent study that [Council President Bill] Thomas requested?” Kearns asked.

“How much more independent can you get than the federal government?”

Marvel asked. “Ask your constituents,” Marvel countered. “Would you rather pay $150,000 for a study or have the federal government come in, who trains these people to do the studies, to

“I would like to have them both,” Kearns said. “I would like the NIC study and the independent study.”

“You can’t have them both.” Marvel said. “Why can’t we have them both?” Kearns said. “Because one is free and one is not,” Marvel said. “Why can’t we have the free one and one that is not?” Kearns asked.

“Because we are not going to do that, with all due respect,” Marvel said.

“The commissioners are not going to do that?” Kearns said.

“You are right, we are not going to do that. We’re the ones who sign the contracts,” Marvel said.

“Then how can I make a motion to move forward with the judges’ request?”

Kearns asked. Rader said he can sign a contract for a study, adding he thinks an NIC study does not address all concerns.

Commissioner President Judith Anderson said council President Thomas gave a list to commissioners.

“We have done everything except allow you to tell us how to do our job. So why would you not agree, as the council, who is in charge of the taxpayers’ money? Why not be willing to work with us to get something done for nothing by the federal standards?”

Kearns asked Rader if he would request an independent study regardless of the outcome of an NIC study.

“Yes,” Rader said.

Apparently frustrated by the lack of movement, Rader left during a pause in committee business. “I just committed political suicide,” Rader said as he put on a jacket and left the council chamber.