Judges seek state approval for magistrate

In getting to the nuts and bolts of a request for a third judicial officer in the county, the Putnam Circuit Court judge apparently drew from his childhood.

Because Judge Matt Headley, namesake of the local hardware that family members still own, put the need for an additional judicial officer in terms of plumbing.

“We want to create a three-headed spigot instead of a two-headed spigot,” Headley said.

It really is as simple as that. In explaining their quandary to members of the Putnam County Commissioners and Putnam County Council, Headley and Superior Court Judge Denny Bridges said the number of court cases has been on the rise in recent years, and the two of them simply don’t have enough time to hear them in as timely a fashion as necessary.

The judges offered a few examples.

In July, Judge Bridges had to set a jury trial in a civil case. A jury trial is a five-day commitment and the soonest the judge could find five consecutive open days on the calendar was November ... of 2018.

Likewise, he said that criminal cases in his court this week were having pre-trial conferences set for April. In the case of an alleged first-time offender for driving while intoxicated, that means an automatic seven-month revocation of their license — before they’ve technically been proven guilty.

“The judicial officer is the ‘neck in the hourglass’ so we need more judicial resources,” Headley and Bridges wrote in a letter to county and state officials.

Citing the “weighted case load” metric of how busy a court is, the judges pointed out that Putnam County’s combined score has been around 3.0 for several years. The right load for a single judicial officer is 1.0, meaning Putnam County is just about perfect for a third officer.

On the whole, the judges do not feel it’s a big enough problem to add a full third court, which would come with another elected judge and requisite staff, office space and courtroom.

Instead, the judges are proposing the addition of a judicial magistrate, who would be appointed by the two judges. They would then assign cases to the magistrate, who must have a law degree and be a member of the bar.

While the addition of a magistrate is not a county decision, it does need the blessing of the county commissioners and council prior to state consideration.

The best piece of news for county leaders is that it should come without fiscal impact to the county.

The judges explained that a magistrate’s salary, just like their own, is drawn from state funds, not county-level funds.

Additionally, the judges do not believe there should be any additional staff or office space needed, as the cases would still be assigned to their courts, with administrative work therefore handled by their staff members

Even a third courtroom isn’t a problem, as one already exists on the third floor of the courthouse. Courtroom Three is a small room with space for a judge, courtroom reporter, lawyers, clients and perhaps a few others, but large enough for many routine hearings the courts handle.

“It is our belief that the financial impact to the County General Fund would be zero,” Bridges said.

While county officials had other questions, the financial questions were foremost to leaders of a cash-strapped county.

With a few other concerns put to bed, both the commissioners and council approved the request unanimously.

They add their stamps of approval to those of Sheriff Scott Stockton, Prosecutor Tim Bookwalter and State Sen. Rodric Bray.

The senator’s support may be most important of all, not only because he’s a legislator, but because he’s chairman of the Interim Study Committee on Courts and the Judiciary, which considers these matters before they can go before the 2018 Indiana General Assembly.

Bray is sponsoring the request, which will be heard by his subcommittee on Oct. 5.

Putnam is not the only county being considered for such positions, as Headley said that both Clark and Jefferson counties are making the same request.

If Putnam County gains approval at this stage, it could then proceed to consideration at the Statehouse next spring.

Should the matter make it to a vote and pass both houses, a magistrate could be hired as of July 1, 2018.

Meanwhile, the bottleneck of the justice system will continue unless state officials see fit to turn on another faucet.

“It’s about getting folks access to the justice system,” Bridges said.