The decision by Butler County commissioners to furlough seven deputy sheriffs was "arbitrary" but won't be immediately rescinded by the court, according to a ruling by a visiting senior judge who was asked by the sheriff to intercede.

Senior Judge Eugene E. Fike II ruled Tuesday that Sheriff Denny Rickard had failed to show that the layoff of his deputies would result in his office's failure to fulfill the duties required of his office.

But the judge noted the county salary board -- containing the three commissioners and the county controller -- had made the decision to lay off the deputies "arbitrarily without any information based on actual experience with the new jail."

Judge Fike held a three-day hearing on the injunction request in May and June.

Noting that they believe that the county won't need as many deputies when the new jail opens, county commissioners voted last month to lay off two deputies July 1 when the new jail became fully operational, to be followed by five more furloughs Aug. 31.

The sheriff's roster of deputies was boosted by seven in 2004, primarily to handle the transport of overflow prisoners. Commissioners have said they believed that transports would be decreased because all prisoners will be in-house and the new jail will have videoconferencing capabilities.

Mr. Rickard filed for the injunction April 20. The judge said he could again seek an injunction if "circumstances warrant."

Sheriff Rickard and other court officials have said a leaner sheriff's department might not be able to man the courts. Deputies do courthouse security and prisoner transport, and they serve warrants.