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Thursday, July 05, 2007
Ind. Courts - Franklin County Magistrate's first day
John Estridge of the Brookville American-Democrat reports today in a long story that begins:
Clay Kellerman did not have a chair.Monday, July 2, was his first day as the Franklin County Magistrate, and it was also the first day the court system was set up in the North Courthouse Annex.
He solved the chair problem by finding the old witness chair from the Franklin Circuit Courtroom.
Indiana’s Legislature passed funding for the magistrate’s position in the Budget Bill beginning July 1.
When Kellerman and Franklin Circuit Court Judge J. Steven Cox presented the county’s case for a magistrate in the legislative process, it was discovered Franklin County had the greatest need for a second court of any county in the state.
While creating a Superior Court was an option, Cox and Kellerman decided magistrate was the correct way to go at that time.
A magistrate has all the powers of a regular judge except in civil cases. In civil cases, a magistrate reports Findings of Fact to the judge, with the judge signing the order.
By statute, Kellerman will receive 80 percent of a judge’s salary or $80,000 a year for his services. He cannot have a private practice while a magistrate. He will have one court reporter, Maggie Fledderman.
A magistrate is able to use all the equipment and personnel of the sitting judge while a Superior Court Judge must have his or her own equipment and personnel.
“The reason we asked for a magistrate is we did not have the physical facilities to house a second court or the funds available to staff it,” Cox said. “A magistrate is part of the circuit court and resources can be shared.”
Posted by Marcia Oddi on July 5, 2007 02:50 PM
Posted to Indiana Courts