HANCOCK COUNTY — County judges have reached a decision on what they plan to do with the court commissioner’s job if a magistrate position is approved by the legislature.
They will not add a fourth court docket for the magistrate, but instead will eliminate the commissioner’s job, allowing the magistrate to take over those duties.
“The magistrate position will handle the same functions as the court commissioner’s position and potentially more,” said Judge D.J. Davis of Hancock County Superior Court 1.
The Indiana General Assembly is on track to approve the measure for a new county magistrate this spring. It would take effect July 1.
There had been speculation — after more accurate case numbers showed a bigger increase in caseloads than previously thought — that the judges might recommend keeping the commissioner as well.
After recently discussing the issue, the judges concluded they don’t currently have the space in the courthouse to accommodate cases being heard by both a magistrate and a commissioner.
The county judges will decide who fills the magistrate’s position. Davis thinks the job should be posted for qualified candidates. The current court commissioner, Cody Coombs is on record has having expressed interest in the magistrate job.
“We have not had a final conclusion on that yet,” Davis said. “To sit here and say we are not going to interview or discuss this position with anyone else, I don’t think is true.”
Davis noted when a similar position opened in Hamilton County, more than 40 candidates applied. He expects a similar number of candidates might apply for the position in Hancock County.
The magistrate’s role will have more authority than the court commissioner’s current duties, Davis said. The person who gets the position will be able to sign off on their own rulings, something the current court commissioner doesn’t always get to do.
“Having a magistrate will certainly help things run a little more efficiently,” Davis said. “The court commissioner is limited on the types of cases he can handle.”
The salary for the magistrate position will be paid by the state, with an estimated package including health and retirement benefits totaling over $150,000 a year, according to past legislative measures for the same type of position.
The move will free up in the county budget the court commissioner’s annual salary of $106,004.
Judge Scott Sirk, who presides in Hancock County Circuit Court, has said he’d like to use that money to give courtroom staff a raise and to be able to do more with court programs.
While Davis had expressed the thought of having both a magistrate and a court commissioner, he noted there just isn’t room in the courthouse to add another full docket in 2021.
While a fourth, much smaller courtroom is on the first floor of the courthouse and is often used for civil cases, officials don’t have a place to put another properly sized courtroom.
“We have to show state officials we have a place to put a new court,” Davis said.
That’s one of the reasons Sirk said he was not in favor at this time of having both positions.
“My goal is for our Judiciary to be united in addressing this situation to best serve the citizens of Hancock County conscious of cost and physical space in the courthouse,” Sirk said in an email last week to the Daily Reporter, before the judges reached a consensus on the commissioner’s job.
Once the magistrate is in place, he or she will hear all levels of criminal and civil cases and also continue to fill in for each of the three elected judges, sitting as much as a day-and-a-half for each judge a week.
The time away from the bench allows judges opportunities to review cases and appeals as well as handle other judicial responsibilities, Davis said.
The Senate Judiciary Committee last week approved a bill on court matters that includes the magistrate position. It is now in the Senate Appropriations Committee. A similar House bill passed out of committee on Jan. 12. The House Ways and Means Committee approved it on Friday, Feb. 5.
As for when county officials might consider adding a fourth court, it depends on caseload numbers returning to pre-COVID levels; logistics of space for another court; and funding from the legislature.
