BY TERRY FLYNN
The Cincinnati Enquirer
NEWPORT -- Attorneys for both sides agreed Friday with Campbell Circuit Court Judge William Wehr that a temporary injunction is not required in a suit challenging a law giving large pay raises to county officials.
Fort Thomas attorney Joseph Fischer filed the lawsuit seeking to have the law declared unconstitutional. He says the salaries cannot exceed the constitutional maximum of $48,726.
Judge Wehr first considered a motion by Mr. Fischer for an injunction which would immediately block any action relating to the law.
"I need to know if there really is a chance for immediate irreparable harm that would require an injunction," the judge said. "I would assume that this case will go to a higher court because one side or the other will seek relief from the judgment of this court."
The judge also noted the pay raises were not effective until Jan. 1. Mr. Fischer, joined by a representative from the state Attorney General's Office, said his concern was with a portion of the state law that requires counties to have their budgets filed with the state by July 1 with the salary increases included.
The General Assembly created the law in a bill passed late in the legislative session this year in Frankfort. The law mandates that county officials -- sheriffs, judge-executives, clerks and jailers -- get pay raises.
Under the law, the salaries would take effect in January and would range from $49,567 for officials in Robertson County to $82,612 for officials in Jefferson County -- the state's smallest and largest counties.
"Since some of the counties have already filed their budgets, I agreed that an injunction at this time was not necessary and withdrew my plea," Mr. Fischer said. "I can come back to the court at a later date, if necessary, and seek the injunction."
Judge Wehr asked that all the attorneys involved -- either as plaintiffs, defendants or interveners -- in the suit have all pleas filed with his office by June 25. The next hearing will be July 1. "Basically the judge is setting the lineup for the suit," Mr. Fischer said. "He wants to determine who will be directly involved on each side of the issue."
Louisville attorney Dick Sullivan represented the commonwealth because Attorney General Ben Chandler has joined with Mr. Fischer in the suit.
Other attorneys in the courtroom Friday represented the state County Judges Association and the state Sheriffs Association, both of which asked to intervene on the side of the state in opposition to the suit.
Campbell County Attorney Paul Twehues represented the county and the Fiscal Court, which has joined the action in favor of the suit.
