Will the “Swiss” cheese stand alone? Last month, acting on a request from Switzerland County, the Commission on Courts took the first step toward dismantling a large part of the cross-county judicial structure in southeast Indiana. It recommended abolishing both the joint Jefferson-Switzerland Circuit Court and the joint Ohio-Switzerland Superior Court. The Commission will recommend the establishment of a new Circuit Court for Switzerland County, which will then constitute its own separate circuit. They are also recommending that Jefferson County constitute its own judicial circuit. The Honorable Ted R. Todd would remain as the Jefferson Circuit Court Judge. Their recommendation would also establish a magistrate position for the Dearborn-Ohio Circuit Court. If the legislature accepts and acts on these recommendations, then Dearborn County and Ohio County courts would constitute the only remaining two-county judicial circuit.Created by the Indiana General Assembly, the Commission on Courts[1] conducts research and holds public hearings on all requests for new courts and changes in jurisdiction of existing courts. The commission then makes its recommendations on the requests to the general assembly.[2]
In addition to the request from Switzerland County, the commission favorably viewed requests to add a second judge to the Franklin Circuit Court, eliminating a magistrate position in that court, adding a second judge to the Miami Superior Court, and converting the two County Courts in Madison County to Superior Courts. They also recommended adding two new general magistrates for the St. Joseph Probate Court, in place of the two existing juvenile magistrate positions.
The commission also voted to recommend extending to magistrates statewide the power currently held by magistrates in Allen and St. Joseph counties[3] to enter final orders or judgments in small claims cases and protective order proceedings to prevent domestic or family violence.
Lilia G. Judson, Executive Director of the Division of State Court Administration, responded to legislative concerns regarding the use of Trial Rule 60.5 by trial courts. This rule allows courts to order a municipality, political subdivision of the state or an officer of either to appropriate or pay unappropriated funds for the operation of the courts or court-related functions. She reported to the commission that, in the period from 2004-2006, the vast majority of the mandated expenditures were for pauper and indigent defense expenses, psychological and medical examinations and payment to special prosecutors. Mrs. Judson also explained that the Supreme Court had recently decided two cases involving the use of mandated funds and staff salaries.[4] Commission Chairperson Representative Phil Hoy of Evansville and Vice-Chairman Senator Richard Bray of Martinsville expressed the view that no action need be taken by the commission at this time.
At an earlier meeting, the commission recommended expanding the jurisdiction to hear hardship license cases under I.C. 9-24-15-4 from the circuit court to include a superior court in the petitioner’s county of residence. And, if the person has a pending OVWI charge or is on probation for OVWI in another court, or his driving privileges have been suspended as the result of a conviction for a controlled substance offense, the petition should only be heard in that other circuit or superior court.
All requests for new courts or changes in jurisdiction of existing courts must be presented to the commission not later than July 1 of each year. The commission may not consider requests made after that date unless a majority of the members agree to consider the request. [I.C. 33-23-10-7(1)]
The commission’s final report for 2007 and minutes of its meetings may be found at the commission website: www.in.gov/legislative/interim/committee/crts.html.
[1] The 13-member commission is composed of the chief justice or his designate, 4 members of the house of representatives, 4 members of the senate, a sitting judge, a county commissioner, a county council member and a circuit court clerk. The president pro tempore of the senate appoints the members from the senate, the sitting judge and the county commissioner, and the speaker of the house appoints the members from that body as well as the county council member and circuit court clerk. I.C. 33-23-10-2.
[2] I.C. 33-23-10-7. The commission also is charged with reviewing and reporting on any other matters pertaining to court administration that the commission deems appropriate, including salaries of court officers and personnel.
[3] 3 I.C. 33-33-2-14(g) (Allen County); I.C. 33-33-71-69(c)(St. Joseph County).
[4] 4 Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau, Vicki Carmichael, and Steven M. Fleece, www.in.gov/judiciary/opinions/pdf/09260701fsj.pdf; In Re: Order for Mandate of Funds; Montgomery County Council v. Hon. Thomas K. Milligan, Hon. David A. Ault and Hon. Peggy Q. Lohorn, www.in.gov/judiciary/opinions/pdf/09260702fsj.pdf.