Prosecutor urges use of pretrial-diversion funds for staff raises, cites backlog and overtime

At a Vermilion County budget hearing, the prosecuting attorney urged the council to let the office use pretrial-diversion funds to supplement salaries and pay staff stipends, saying the office is understaffed, faces multi‑year case backlogs and has paid substantial overtime. The attorney cited Indiana Code 33-39-6-2, which he read aloud and said obligates counties to appropriate funds for prosecutors’ offices.

The prosecutor told the council the office handled an attempted‑murder prosecution that took roughly two and a half years to reach trial, required extensive overtime from detectives and staff, and generated outside counsel bills he estimated at $34,994.58. “We had the burden of proof in that case,” he said. “That’s the real difference between us and any public defender.”

The prosecutor said staffing shortages make it hard to cover court calendars and to catch up administrative work. He described the office’s use of a statutorily limited pretrial‑diversion fund to pay for items that otherwise fall under the general‑fund duty the statute describes, and asked the council to allow the fund to cover pay increases or stipends to retain and recruit trained staff. “My objective first is to keep the trained people I have so I don’t lose them to outside jobs,” he said. “Second, that I can attract similar quality.”

Clerk and council members responded by discussing the mechanics of using a nonreverting, restricted fund for personnel. Council members noted that pretrial‑diversion receipts have been variable and that the fund’s balance constrains what can be spent; staff said the fund had a balance of roughly $125,000 as of a June reporting date but that projected annual revenue for the fund was about $60,000 a year. The prosecutor argued that the fund historically has averaged roughly $75,000–$80,000 a year and that unused balances roll forward.

No formal action or vote was taken at the hearing. The prosecutor requested that the council consider (1) a line item in the pretrial‑diversion fund for “staff support” or stipends, or (2) permission to use pretrial‑diversion funds for specified salary increases, with the necessary updates to the salary resolution and any transfers to the county general fund if required.

Why this matters: the prosecuting office said staffing losses and a multi‑year backlog have increased overtime and outside costs; the office said it used pretrial‑diversion money in prior years to fill gaps, and now seeks clearer authorization to use those restricted funds for staff retention. Council members said they were open to options such as one‑time stipends but raised concerns about committing recurring salary increases to a fund with variable revenue.

The prosecutor also raised several budget line‑item examples he said had been reduced or removed in past years — from professional services to office equipment — and asked the council to confirm which costs the county will cover from the general fund versus the pretrial fund going forward. He said the office will consult the State Board of Accounts on salary‑resolution requirements if council grants increased flexibility.

No amendments or formal directives were recorded at the meeting; council members asked staff to prepare options and to confirm how salary resolution language would be handled if stipends or transfers were authorized.