Senior Judges Can Ease the Burden of Crowded Court Calendars –
Let’s suppose you opened your mail this morning and found a catalog full of interesting classes being offered next year by the National Judicial College. Or perhaps your spouse called with the news that your son or daughter was finishing special military training at Pensacola next month and wanted you to visit and share the two free days before shipping out. Suddenly you are then faced with the dilemma of a court docket that will not go away.
You cringe when you think of the price you will pay in the long hours of catch-up work – even if you employ a judge pro tem to handle the end-of-day matters, such as continuances, scheduling hearings and a myriad of other orders. You realize that there is only so much you can ask a busy attorney to do as a twenty-five dollar pro tem, and there will still remain the stack of items a pro tem could not handle because of conflicts. And you think about the pro tem fee that will be paid from the already strained county funds. You sigh, discard the course catalog for another year, send your spouse to Pensacola without you, and turn back to the stack of files on your desk.
Enter the senior judge. If you have not yet used a senior judge, don’t let concerns over startup get you down. Senior judge information, including answers to frequently asked questions, and documents and forms, are readily available on the Indiana Judicial website at courts.in.gov/admin/senior-judges.
All retiring judges have the opportunity to apply for senior judge status, and any judge on the Court of Appeals, county circuit, superior, or probate court may request the appointment of a senior judge certified by the Supreme Court Judicial Nominating Commission. The number of days a court may use a senior judge is dependent on caseload. Under recent Supreme Court orders, every court has been able to use a senior judge for at least ten days during the calendar year. One hundred eight senior judges were certified in 2009, which provides for the use of at least one senior judge in every county in the state (Indiana Code provisions governing the appointment, certification, and compensation of senior judges are at IC 33-23-3).
Most judges agree that the availability of senior judges is a valuable asset to any court. However, there are many misconceptions about the use of senior judges. Presiding judges often do not realize just how much they might benefit from the services of a senior judge. Because of this here is a list of the Top Ten Reasons to Use a Senior Judge.
Everything you always wanted to know about senior judge status but were either afraid to ask or were not sufficiently interested.
- All certified senior judges are experienced, and often well versed in particular areas of critical need, like family court, criminal, probate, juvenile or civil juries. Senior judges are required to meet the same CLE credits as sitting judges, therefore assuring that that they are current with changes in the law and recent court decisions.
- Senior judges are paid for service by the day, and must have special permission for any compensation or credit for service less than a day. Administrative Rule 5(B)(3)(d) states that “the service shall be substantially equivalent to the daily calendar of the court to which assigned.” If signed on for the day, the senior judge is available not only for the bench, but for all of the files that cross the desk, as well as the 3:45 PM protective order, probable cause hearing, or emergency detention application, to name a few.
- A senior judge has the same jurisdiction as the presiding judge of the court in which she/he sits. And a senior judge may retain jurisdiction in an individual case by order of the presiding judge, a significant matter since a continuance of a hearing is often necessary.
- A presiding judge may conduct other court business during the times a senior judge is also present. Often judges ask senior judges to cover their daily calendar, while they take advantage of that time to research, conduct interviews, or handle administrative matters that only he/she could handle.
- A senior judge is authorized to serve as a mediator under Administrative rule 5(B)(9). If the senior judge is a registered mediator, he/she may receive service credit provided the compensation is not at a rate greater than the per diem rate for senior judges. This facilitates access to mediation for parties where cost was a deterrent.
- Senior Judges are able to maintain a health insurance package for an increased premium, but still below the self-insured market, by serving for a minimum of thirty days. Senior judges are usually challenged to obtain the necessary days before the end of the year. Remember it must be service for a full day, or at least a half a day, not just an hour here and there.
- Although many courts are limited to ten days for the use of senior judges, additional days may be required and judges may request additional days, which the Supreme Court has granted for good cause.
- A senior judge brings years of experience on the bench and can handle the daily calendar, with fewer conflicts than many attorneys serving as judge pro tem. It is important to remember that there is no cost to the county for a senior judge, whereas a pro tem is paid by the county.
- Several presiding judges have learned to utilize the services of senior judges in many helpful and important ways. For example, some senior judges cover particular types of cases on pre-set days, like Title IV-D, foreclosure conferences, small claims or traffic trials, thus freeing the presiding judge to deal with more pressing matters. Senior judges have provided an invaluable service by handling routine matters for the court during major jury trials.
- Some presiding judges simply keep their docket clear when they are absent for several days. This means that an already congested docket is even busier of the judge’s return, causing additional frustration to the local bar and litigants. In many cases, the senior judge is familiar with the staff of the requesting court and their particular procedures, and can readily step in when the presiding judge is away, which is a benefit to all.
If the senior judge program is going to succeed, it will require the willingness of all courts to utilize their expertise, and their ability to help every court deal with a crowded docket. This article seeks to provide sufficient information to enable every sitting judge to realize that help is readily available. There are issues that the senior judge committee wishes to address regarding the ways we can best serve all presiding judges and the state judiciary. Any suggestions or questions you have would be most appreciated.
Pat Gifford is the chair of the senior judge committee and can be reached at [email protected]. If you have any difficulty or questions not answered by the website, call State Court Administration Staff Attorney, Jim Maguire, at 317-233-3018, or email him at [email protected].
Senior Judge Program Background Information
Since 1989, Indiana has been able to tap into an experienced pool of former judges to help alleviate the pressure of increasing caseloads. Enabling legislation provides that a former judge may apply to the Indiana Judicial Nominating Commission for certification as a senior judge under rules adopted by the Indiana Supreme Court. The legislation further provides that any trial court and the Indiana Court of Appeals may request that the Indiana Supreme Court appoint a senior judge to assist that court. The Division of State Court Administration administers the senior judge program.
In 2003, the Indiana Supreme Court developed a comprehensive set of standards for the certification, service, appointment and payment of senior judges. This rule enables the Supreme Court to allocate senior judge time to courts with the heaviest caseloads while still allowing all courts to have sufficient senior judge help (a minimum of 10 days per year) to relieve trial judges during necessary absences from the bench.
The Division’s administration of the senior judge program includes processing certification applications and orders of certification, requests for appointments, weighted caseload comparisons and orders of appointment. The Division also administers senior judge benefits and processes claims for payment of per diem expenses.
Small at first, the Indiana senior judge program has grown into an invaluable resource of seasoned judicial officers who serve at minimal cost to the state and no cost to the counties. In 2008, Indiana had 92 certified senior judges who served a total of 3,636 days. These days are equivalent to approximately 20 full-time judicial officers. There were 108 senior judges certified in 2009. The Court authorized 6,492 service days for courts plus gave 22 courts unlimited service days.
For more information, see the Senior Judge Program statistical reports in the Indiana Judicial Service Report, Year in Review, Volume I.
The Indiana Judicial Website has the following information available for every presiding judge and every senior judge:
- Court usage of senior judges/days allowed and days used
- Senior judge court usage/court served, number of days served, and dates of service
- Listing of days served for each senior judge
This information is regularly updated and readily available for accurate record keeping and may be accessed at courts.in.gov/admin/senior-judges/docs.html.