Washington County creates Office of Judicial Commissioners, shifts night-clerk funding

Washington County commissioners on Tuesday voted to create a Washington County Office of Judicial Commissioners and to begin a transition of funding from the court clerk’s night-clerk program to the new office.

The action, adopted after an extended public and commissioner debate, was approved by recorded vote 11–3–1. The resolution directs the county to implement a one‑year pilot structure for judicial commissioners who would have the statutory authority to issue bonds, sign certain orders and set conditions during overnight and weekend hours.

The measure matters because judicial commissioners have broader legal authority than the current night clerks, and supporters said the change will allow faster responses on time‑sensitive matters such as emergency orders in domestic violence cases, search warrants and bond decisions between regular court hours.

County officials said the first year will be funded by reassigning existing clerk‑office personnel dollars. “A budget amendment would move $221,479 from the court clerk’s night‑clerk line into the judges’ personnel budget,” the county explained during the meeting, and commissioners were told a formal amendment would be handled in August if the program proceeds.

Commissioners and court leaders described how the new program would operate. Appointees would serve one‑year terms with an initial probationary period; job qualifications in the proposed plan include a law‑ or criminal‑justice background and at least two years’ court experience. The judges said one presiding sessions judge would rotate supervisory responsibility and recommended quarterly oversight to monitor effects on jail population and bond practices.

County officials and law‑enforcement leaders urged built‑in reviews and “safety‑valve” steps should detention counts rise. Sheriff Sexton, who said the sheriff’s office will continue to run the jail regardless of the program, urged a regular review of population metrics: “I try I’ve tried to stay out of this argument because I really don’t feel like it’s the sheriff’s argument. The sheriff’s responsibility is to run the jail,” he said, adding that the county should track head counts and treatment‑program placements as the program unfolds.

County legal staff also warned of legal risk if statutory authority is not narrowly applied. The county attorney said a legal review had not examined every past bond or order but cautioned, “we may find that there have been orders signed by someone without the statutory authority,” and said the judicial‑commissioner model aligns Washington County with peer counties that have adopted similar programs.

Court Clerk Brenda Downs, who oversees night clerks now, praised current staff and asked commissioners to consider them for the new positions. “These five night clerks are phenomenal,” she said.

Commissioners said they expect to recruit and appoint commissioners through the standard hiring and appointment process and to reconvene as necessary to assess whether the program should be adjusted or expanded after the pilot year.