Clark County looks to consolidate courts

Clark County’s courts are one step closer to consolidating into a single unified court system.

Clark County Circuit Court Judge Dan Moore was in Indianapolis on Tuesday morning to see House Bill 1269 — sponsored by State Rep. Steve Stemler, D-Jeffersonville — pass through the house’s judiciary committee.

“The goal of the bill is to create a unified court system in Clark County,” Moore said. “It’s very progressive ... and I think it’s very functional.”

The bill will combine the courts of the Circuit Court Judge Moore and the three Superior Court Judges — Superior Court No. 1 Judge Vicki Carmichael, Superior Court No. 2 Judge Jerry Jacobi and Superior Court No. 3 Judge Joseph Weber — into one circuit court system with four judges.

Benefits to combining the courts include possible cost savings, streamlining of the court cases and expedited hearings down the road.

“Our hope is it will create some more efficiency,” Carmichael said.

How the efficiency will be achieved is still being refined, but some details are known.

One of the four sitting judges will act as an administrator, which rotates from year to year. By having one administrator, the remaining judges will be freed up to hear more cases, Carmichael said. No one court will have power over another, all four courts will have the same jurisdiction and policy will be set collectively, Moore said.

In addition, transferring cases will be easier under a unified system, Carmichael said. For example, if an offender has more than one case pending against them, judges will be able to combine the hearings and make all of the rulings at one time.

The combination into one office also adds flexibility to the staff of the four judges.

While each judge will retain the ability to hire and fire their own employees, having a single office will create the ability to shift personnel within the office to bridge coverage concerns. It also allows for uniformity in employment, Carmichael said.

But the consolidation won’t necessarily change how all court offices operate.

“I don’t see a lot changing as far as the clerk’s office, [but] it appears to be progress,” said Clark County Clerk Barbara Bratcher-Haas.

She said her office’s caseload will not change, its role will remain unchanged and it is not expected the office’s work force will be affected. But, the consolidation may not achieve the perceived goal of saving the county money, Bratcher-Haas said.

However, the effort is not without its benefits.

“The positive thing is less confusion to the general public,” she said.

Having the courts spread out between a circuit court and three superior courts often leaves individuals with uncertainty in which court their case is being heard.

“It should expedite the service to the public and eliminate the confusion of having four current courts,” Moore said.

To improve expedited service, the hope is to eventually hire a court administrator that will head up all of the courts. The administrator could streamline some processes such as ordering supplies and improve the ease of operations by working on a single budget, but the main role would be assigning cases appropriately.

However, when a court administrator will be added is unknown. The funding for the position is not in place and because of the county’s budget shortfalls, it may be some time before the courts are able to create the job.

“I do believe in the long run this can save money,” Carmichael said.

The bill must still be approved by the House and the state Senate before it is enacted, and even if the bill is approved, the change would not take place until Jan. 1.

“It gives us time to transition and plan,” Carmichael said.

ABOUT THE COURTS

Circuit Courts

• The Indiana Constitution granted the General Assembly the power to create circuit courts in 1851, based on county lines. Each Indiana county has at least one circuit court and when Indiana first became a state, circuit courts were the only courts in each county. Circuit courts traditionally heard all civil and criminal cases and today the courts continue to have unlimited trial jurisdiction, except when exclusive or concurrent jurisdiction is conferred upon other courts.

Superior Courts

• As local needs grew and more trial courts became necessary the Indiana General Assembly created additional, superior courts. The majority of Indiana trial courts are superior courts and almost all Indiana counties have superior courts in addition to their circuit court. For the most part, superior courts have general jurisdiction, so they can hear all civil and criminal cases. Superior courts are also charged with establishing small claims and minor offense divisions.

— Indiana Courts Web site: www.in.gov/judiciary

Proposed court changes

• Clark Circuit Court judge will serve as Clark Circuit Court judge No. 1.

• Clark Superior Court judge No. 2 will serve as Clark Circuit Court judge No. 2.

• Clark superior court judge No. 3 will serve as Clark Circuit Court judge No. 3.

• Clark Superior Court judge No. 4 will serve as Clark Circuit Court judge No. 4.

Clark County

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Legislation passes the House and moves onto the state Senate

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