By Kristy Deer
HANCOCK COUNTY — The county’s bid to convert its court commissioner position into a magistrate’s role, which carries more judicial responsibilities, has passed out of a summer study committee and is moving forward.
The proposal now will go before the Indiana General Assembly when it convenes in January. If it is approved, it could take effect sometime in 2021.
Three judges now hear cases in the county courts. 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, who would like to change that.
A legislative study committee voted unanimously late last week to recommend the county’s proposal to the general assembly. The decision comes after county judges appeared before the committee to testify in favor of the move.
The committee’s recommendation is a positive step forward, said state Rep. Bob Cherry, R-Greenfield, who will carry the measure in the House. Cherry noted the addition of a fourth judicial officer with full powers will help alleviate some of the burden on the county courts.
“Our community’s population continues growing, and our court system must be able to adapt to the increase in demand for services,” Cherry said.
Others agreed.
“As an attorney who handles cases in Hancock County, I have experienced delays due to the backlogs in our local courts,” said state Rep. Chris Jeter, R-Fishers, whose district includes northwestern Hancock County. “Hancock County is growing, and adding (a) magistrate will improve efficiency of the court process. Our residents deserve timely processing through the judicial system.”
The county’s three judges will be the ones to hire the new magistrate if the position is approved.
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.
There was some speculation earlier this summer the county would keep the commissioner’s position as well as try to add a magistrate. However, during their presentation to the legislative study committee, the judges told lawmakers caseload numbers don’t fully support keeping a fifth court officer.
The magistrate’s salary would be paid by the state, which would be a shift, because the commissioner’s position is in the county budget. If the magistrate’s position is approved, county officials will reconsider that funding. Hancock County Circuit Court Judge Scott Sirk has suggested it could be used for other court needs, including possible raises for courtroom staff.
