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Clem also objected to the manner in which the stipends were rescinded by the council.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Clem and Happe also objected to the fact that judges’ stipends were rescinded before any other cuts were made to employees in other county departments.