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Circuit judge describes local administrative plan assigning protective orders, warrants and first appearances to district court

JUDICIARY COMMITTEE - SENATE · June 6, 2024
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Summary

Circuit Judge Blake Batson told the joint Judiciary Committee that his Ninth East Judicial District uses Administrative Orders 14 and 18 to refer orders of protection, certain domestic matters, unlawful-detainer cases and probable-cause reviews to district court judges, a practice he said improves availability and speeds dockets.

Judge Blake Batson, circuit judge in the Ninth East Judicial District, told the joint House and Senate Judiciary Committee that his district uses an administrative plan under Administrative Order 14 (circuit courts) and Administrative Order 18 (district courts) to assign certain matters to district judges by consent. "Our plan works for us very well," Batson said.

Batson said the district refers orders of protection and related domestic-violence matters, some unlawful-detainer matters, and the issuance and review of search and arrest-warrant affidavits to district court judges. He told members the arrangement allows a judge to be available "24 hours a day, 7 days a week" for probable-cause reviews and first appearances when a circuit judge is unavailable, which he said helps law enforcement and moves cases more quickly.

Committee members pressed Batson on workload and staffing. When Representative Litteman asked whether these assignments create overload in some districts, Batson said "every district is different" and pointed to the administrative orders' requirement that district and circuit judges work together to craft a case-assignment plan tailored to local caseloads. He said the plan has not been a problem in his county.

Kristen Clark, director of legal services at the Administrative Office of the Courts, accompanied Batson and identified herself for the record, but she told the committee she had no additional material to add at this visit and would stand ready to answer follow-up questions.

The committee did not take formal action on the administrative plan during this meeting; members asked staff to collect caseload and resource data (AOC/Scribe) so that efficiency and assignment practices can be reviewed alongside the forthcoming audits and Act 38 study results.