Opinion

NOBLE CTY. COUNCIL ETC. v. State Ex Rel. Fifer

  • 234 Ind. 172
  • 125 N.E.2d 709
Court
Indiana Supreme Court
Filed
Apr 7, 1955
Status
Published
Author
Bobbitt
On the bench
Achor, Henley, Bobbitt
Cited by
56 cases
Authority
More cited than 4.8%

court has authority to require county council to pay salary of court appointed probation officer

How later courts described this case

  • court has authority to require county council to pay salary of court appointed probation officer
  • power to appoint and fix salaries of probation officers
  • court has inherent authority to appoint and require payment of such personnel as the functions of the court may require
  • inherent power to appoint and fix salary of probation officer

Written by the judges who cited it.

The opinion

Concurring Opinion

Bobbitt, J.

It seems to me that the questions presented in this appeal might have been fully decided simply by determining the authority of the circuit court under the provisions of Acts 1927, ch. 210, §4, p. 594, *193 being §9-2212, Burns’ 1942 Replacement. This act specifically grants to the circuit court the authority to appoint a probation officer and fix his salary at an amount not in excess of $2,500 per year. In order to make the act effective these expressed powers must be construed to carry with them the implied power to compel the county council to appropriate funds sufficient to pay such salary and expenses of the probation officer appointed pursuant to the act.

For this reason I concur in the result of the majority opinion.

Note.—Reported in 125 N. E. 2d 709 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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