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Indiana lawmakers have introduced several bills this legislative session that would add courts in some counties and allow judges to appoint more magistrates.
Rep. Chris Jeter, who is seeking two new superior court judges in Hamilton County, said the prospects for such legislation is better than it was two years ago, when all bills to add new courts failed to make it out of committee.
The Fishers Republican said the difference this year is that some lawmakers are going in with a reallocation approach that would add new judges to growing communities and take away from those counties that may have more judges than they need.
That would neutralize the cost of the proposal, satisfying budget hawks. But it also would likely raise the ire of lawmakers whose districts could potentially lose judges.
“We’re not really adding,” Jeter said. “This is a new balanced approach.”
Jeter said the counties that would potentially lose judges have not been identified and that those details would be worked out as proposals to add judges in individual counties are combined and inserted into the state budget being crafted by lawmakers.
Jeter said he authored House Bill 1144 to add judges in Hamilton County because the state’s weighted caseload management system shows it has the greatest need for more judicial officers among the state’s 92 counties.
According to the weighted caseload management system, Hamilton County has 11 judicial officers and needs 15.
House Bill 1543 would allow Vigo County judges to appoint one magistrate. According to the weighted caseload management system, Vigo County ranks third in need of judicial officers.
It shows the county as having about seven judicial officers, while needing about nine.
Elkhart County ranks eighth in need with 11 judicial officers and needs about 13.
House Bill 1319 would allow the Elkhart County judges to appoint five full-time magistrates.
While the counties that could potentially lose judges have not been identified, the weighted caseload management system could provide some clues.
It shows that Blackford, Franklin, Brown and Union counties have the least utilized judicial capacity. But Union only has one judge, so it would be difficult to cut there.
The other three counties each have two judicial officers and show a need for slightly less than one.
Marion County also could be a target. It has 84 judicial officers but only needs 73, according to the caseload management system.
Rural county dilemma
The rise of two brothers in Steuben County politics has led to a unique judicial need that Sen. Sue Glick, R-LaGrange, said needs to be addressed.
Recently, Jeremy Musser stepped down as county prosecutor to become the county’s circuit court judge. Then his brother, Travis Musser, succeeded him as county prosecutor.
That has created potential conflicts of interest that has prevented Judge Musser from presiding over some cases. Glick has proposed Senate Bill 210 to make the Steuben County magistrate a superior court judge to handle more cases.
Judge Musser said he has had to have special judges preside over cases to avoid conflicts.
“We’re just trying to clean it up and just get it where it should be,” Glick said.
Her bill is currently in the Senate Judiciary Committee. It was taken off an agenda to consolidate the bill into Senate Bill 432, which would add a magistrate in Lawrence County.•
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