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Panel advances bill to convert several at‑large circuit court judgeships into resident seats
Summary
A constitutional law subcommittee voted to adopt an amendment expanding a bill that would convert a portion of the state's at‑large circuit court judgeships into resident seats, a change sponsors say would address geographic inequities and so‑called "legal deserts."
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The Constitutional Law Subcommittee voted to adopt an amendment and to report H.4160 after hearing testimony from a representative of the state’s chief justice who said the change is intended to expand geographic diversity and address areas with few lawyers.
The subcommittee’s chairman said the original bill would convert five of the state’s 16 at‑large circuit court judgeships into resident seats; after discussion with the chief justice the amendment broadened that change to convert a larger number of at‑large seats. Chairman Newton said the measure would not displace any sitting judges.
Miss Turner, speaking on behalf of Chief Justice Kitteridge, told the committee the recommendation rests on three factors: court filing and population “needs,” that the current seat holder resides in the circuit where a resident seat is warranted, and “a desire for all areas of our state, including the rural areas, to have fair opportunity for representation in the judiciary.” She described two themes the chief emphasizes: “geographic diversity and … legal deserts,” warning that lawyer concentration in urban centers risks leaving rural counties with far fewer legal resources.
"If we maintain the system of at large judgeships and get not convert these seats to residents, we, we will be developing a system of judicial deserts," Miss Turner said.
Representative Mitchell and other members voiced support for addressing the backlog and access issues that can arise in rural counties when no resident judge is available. Chairman Newton described the amendment’s expansion in the committee record: "The amendment, as originally prepared ... converted at large judgeships in the third, seventh, ninth, eleventh, [and] twelfth ... In further discussion with the chief ... converting 10 of the 16. So those additional circuits are the first, the fifth ... the twelfth and the thirteenth." (Transcript language retained as spoken.)
The committee adopted the Newton amendment by voice vote and then conducted a roll call on reporting the bill. Committee members present recorded aye votes and the subcommittee ordered the bill favorably reported to the full Judiciary Committee.
The bill and its amendment draw on the chief justice’s office’s assessment of local court workloads, population changes and the distribution of lawyers, and proponents said converting seats to resident judgeships would encourage judicial candidates from smaller counties and reduce statewide political contests for trial court seats.
The subcommittee chair said the committee’s archived video stream briefly failed but was being corrected and the meeting recording would be preserved for public record.
With the amendment adopted and the favorable report ordered, H.4160 will be before the full Judiciary Committee at its next scheduled meeting.
