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Magistrate judge seeks part‑time position to speed TPOs, ease superior‑court load
Summary
Chief Magistrate Judge Ben Min asked the commission to fund a 20‑hour‑per‑week magistrate judge to handle unplanned ex parte temporary protective orders, increase preliminary‑hearing capacity and allow magistrate judges to resolve some misdemeanor pleas immediately. Superior court judges backed the request, saying it would reduce scheduling conflicts and protect due process.
Chief Magistrate Judge Ben Min told the commission May 14 that magistrate court sees the bulk of unplanned emergency protective‑order requests and is uniquely positioned to hear ex parte TPO petitions quickly because of its on‑call structure. “The primary request of the commission is to consider adding a part‑time magistrate court judge position,” he said, asking for a 20‑hour per week magistrate to expand on‑call and calendar capacity.
Min said magistrate judges already do emergency work (arrest and search‑warrant hearings, bond reviews and other unplanned matters) and that shifting primary responsibility for ex parte TPOs to magistrates promotes access and preserves superior‑court judges’ impartiality for the full 30‑day hearings that follow. “There is a trend in Georgia…magistrates are hearing TPOs,” Min said, describing continuing‑education emphasis and pilot approaches used statewide.
Superior court leaders, including Judge Chuck Oslander and Chief Judge Lisa Lot, supported the request at the meeting. Lot said giving magistrates the ex parte role reduces conflicts of interest that arise when a superior court judge hears a one‑sided emergency petition and later has to preside over the full hearing.
Operationally, the magistrate pitch also includes faster resolution of certain criminal preliminaries and misdemeanor pleas at the magistrate level, which, staff argued, could speed case processing and reduce jail stays. Min said the added judge would not only take emergency TPOs but would also perform regular magistrate duties on a part‑time basis to cover on‑call and administrative needs.
The commission asked about cost and staffing details; magistrate court said the position would be budgeted at a part‑time associate magistrate rate (20 hours/week) and that some interim coverage plans exist if the commission cannot fund the position immediately. Judges also said they would explore internal budget options to bridge gaps if commissioners were unable to fully fund the request immediately.
Next steps: magistrate court requested that the commission consider the part‑time magistrate line item in the FY27 budget; judges said they would return with any additional implementation details and that the courts would coordinate with clerk and sheriff offices to ensure scheduling and custody logistics align with the new duties.
