Legislative Update

Magistrates

Filed Under: Judicial Administration

The Senate Appropriations Committee heard HB 1110, sponsored by Sens. Steele, Grooms, and Randolph, adding various magistrates. This bill allows:

  • the judges of the Clark circuit court to jointly appoint a third full-time magistrate;
  • the judge of the Greene circuit court and the judge of the Greene superior court to jointly appoint one full-time magistrate;
  • the judges of the Madison circuit court to jointly appoint a second full-time magistrate;
  • the judges of the Marion superior court to appoint four additional full-time magistrates after December 31, 2015;
  • the judge of the Porter circuit court to appoint one full-time magistrate;
  • the judge of the Vanderburgh circuit court to appoint a second full-time magistrate.
  • The judge of the St. Joseph circuit court to appoint one additional full-time magistrate, without considering the political affiliation of a candidate for magistrate, for a total of three full-time magistrates; and,
  • The judges of the St. Joseph superior court to jointly appoint two additional full-time magistrates for a total of four full-time magistrates, not more than two of whom may be from the same political party.

This bill also allows a magistrate to approve:

  • criminal plea agreements;
  • agreed settlements concerning civil matters; and
  • decrees of dissolution, settlement agreements, and any other agreements of the parties in domestic relations actions or paternity actions.

Additionally, it provides that meetings of the St. Joseph Judicial Nominating Commission must be held at a place in the St. Joseph County courthouse or another building owned or operated by St. Joseph County in South Bend as the clerk of the St. Joseph superior court may arrange. The bill was amended by consent to remove the authority of the Sullivan circuit and superior court judges to jointly appoint a full-time magistrate as of July 1, 2016 and provides that the term of a full-time magistrate appointed by the Sullivan circuit and superior court judges ends not later than July 1, 2016. The amendment also urges the legislative council to assign to a study committee the topic of the appropriate number of judges in Pulaski County. Individuals from Sullivan County testified against the bill. The amended bill passed 11-0.
 
Read the bill at http://iga.in.gov/legislative/2015/bills/house/1110.