Bill to add more Indiana judges may actually remove judges from smaller counties

INDIANAPOLIS — What started as a bill to add more judges to Indiana counties in need could also remove far more judges and courts from smaller counties.

If passed, HB 1144 would eliminate superior courts in nine counties (Blackford, Carroll,  Gibson, Jennings, Newton, Pulaski, Scott, Rush, and Greene Counties) and circuit courts in two counties (Owen and Monroe Counties).

“It is going to dramatically slow down access to civil and criminal justice in the county,” Greene County Attorney Marvin Abshire said.

“They’re robbing Peter to pay Paul, and I think it’s wrong,” Rush County Prosecutor Phil Caviness said. “They didn’t really think this through.”

According to Caviness, one judge would have to handle Rush County’s entire caseload (an additional 350-700 cases per year) if the bill passes — potentially increasing the average length of a given case by six months.

“I have a lot of sex crime cases and other cases involving victims, that one of the chief complaints is how long it takes to get through the system currently, and if you double that amount of time, it could be really disastrous for everybody,” Caviness said.

Caviness said the bill could also create problems for law enforcement.  

“To get search warrants, to get arrest warrants, you have to go through a judge in your community, and if we only have one and they’re not available, that would create a huge problem,” Caviness said.

The original bill created more courts and court officer positions for four counties (Elkhart, Hamilton, Vigo, and Lawrence Counties), mostly to better facilitate national opioid settlement dollars.

Senate Appropriations amended the bill to include the removal of rural courts and judges—a move Senate Republicans supporting the bill said was necessary to reallocate state funding to more overburdened counties.

“If we’re going to be responsible to the taxpayers, then we need to make sure that our courts are serving them, and that’s why we add courts as well,” State Sen. Liz Brown (R-Fort Wayne) said.

“That’s the wisdom of this effort: that you’re taking a look at where is the greatest need,” State Sen. Greg Goode (R-Terre Haute) said.

The bill passed out of the Indiana Senate this week, but not unanimously.  State Sen. Jean Leising (R-Oldenburg) was one of 11 Republicans who voted no, arguing the bill could have a tremendous impact on smaller counties.

“I would just hope that in the future, when things like this are done, that maybe it was a more open process so those counties can come speak up,” Leising said.

The House did not approve the Senate’s changes to the bill. Lawmakers from both chambers will discuss the bill in committee next Monday.