HANCOCK COUNTY — The county courts are launching an effort to add a magistrate’s position to help handle a growing workload of cases.
Three judges now hear cases. A fourth judicial officer, court commissioner Cody Coombs, conducts hearings and even oversees trials. But his position doesn’t come with the full powers vested in the judges.
A legislative summer study committee on the courts is expected to convene in August or early September to look at a proposal to add a magistrate, which would not be an elected position but which would have more powers than a court commissioner.
If the study committee backs the idea, the measure could become a bill to be considered next year in the Indiana General Assembly.
Judge Scott Sirk of Hancock County Circuit Court helped gather the information needed and sent the appropriate paperwork to the state by June 1. That included support letters from county commissioners, county council members, the sheriff’s department, the prosecutor and more.
The county’s population — which is nearing 80,000 — and the caseload in local courts indicate “there is a need for another judicial official,” Sirk said.
If a magistrate position is approved, the county’s three judges would appoint the person. The position would be funded by the state.
Judge Marie Castetter of Superior Court 1 believes the county’s growing population justifies the need for a magistrate as well as keeping the commissioner’s position.
“This is especially true given the number of cases the courts will have as a result of the backlog due to the pandemic,” Castetter said. “It would be more beneficial to the courts to have the extra judicial officer to work through the caseloads.”
Judge Dan Marshall of Superior Court 2 agrees that the courts will probably need both the court commissioner and a magistrate.
Whether the commissioner position would continue to exist if a magistrate is approved will depend on the county’s case numbers at the time they might receive permission to hire a magistrate, Marshall said.
“There is nothing automatic about this process,” Marshall said.
State Sen. Mike Crider, R-Greenfield, who passed along the recommendations to the study committee, likes the chances of the magistrate position becoming reality.
“I’m pretty positive about the number of support letters I received to pass along,” Crider said. “That’s generally a good sign.”
While a magistrate has fewer and more limited powers than a judge, the magistrate does have more powers than a court commissioner. A magistrate can hear different types of cases. Judges generally hear larger, more complex cases while a magistrate hears smaller matters such as petty crime and traffic offenses.
The biggest difference between a commissioner and a magistrate is that a magistrate has the authority to make his or her own decisions on cases without the approval of the county judges, who must sign off on all decisions the commissioner makes. The commissioner’s salary also is paid by the county. A magistrate’s salary is paid by the state.
“Making the switch does make a lot of sense,” Coombs said. “We’re behind the times, and there are a lot of things behind the scenes that we do where we have to jump through extra hoops to get things done.”
Having a magistrate, Coombs said, would clear up many issues and would help the courts run much more smoothly as well as possibly shifting the cost of the position from the county to the state, if the commissioner position is eliminated after the magistrate is hired.
State Sen. Eric Koch, R-Bedford, who is the chair of the summer study committee that will look at the issue, pointed to Senate Enrolled Act 256, which was passed this year and was signed into law by Gov. Eric Holcomb. The law, which created magistrate positions in three counties, provides a good example of how the committee works and what a bill to include the new magistrate position for Hancock County might look like.
The study committee’s job is to study the request and make a recommendation, which could be included in a bill lawmakers will consider when they head back into session in January.
“It will then make its way through the legislative process just like all other pieces of legislation,” Koch said.
Crider and Rep. Bob Cherry, R-Greenfield, have both been in discussions with county judges for years as they’ve watched the county caseload and population tick upward.
“We’ve been talking about that when that time comes, and the time has come, we needed to add another position,” Cherry said. “We have to do this during a budget year because if we did it in a non-budget year, it would have just delayed things.” (The legislature writes the biennial state budget during odd-numbered years.)
The summer study committee is expected to meet at least three times over the next several weeks to discuss the proposals.
“I think we’re in good shape on that part,” Cherry said. “I think there is a good chance we’ll get this.”
