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Magistrate judge asks for a part‑time position to speed protective orders, pleas and preliminary hearings
Summary
Chief Magistrate Ben Min asked the commission to fund a 20‑hour‑per‑week magistrate judge to improve access for ex parte temporary protective orders, reduce delays for preliminary hearings and enable magistrates to accept some misdemeanor pleas, easing pressure on superior court calendars.
Chief Magistrate Ben Min told the commission the magistrate court is uniquely structured to handle unplanned matters — bond hearings, search warrants and ex parte temporary protective orders (TPOs) — because magistrates operate with an on‑call judge schedule and can absorb ad hoc hearings more readily than superior court calendars.
Min said magistrate court currently has three full judges and that adding one part‑time magistrate (20 hours per week) would allow magistrate judges to be formally designated to hear more ex parte TPO applications and handle more misdemeanor plea agreements at preliminary hearings. He told commissioners the change would shorten time to emergency review, speed certain case resolutions, and free superior court judges to focus on scheduled jury trials and other lengthy matters.
Min and supporters from superior court argued that having magistrates hear ex parte TPOs removes a potential conflict for superior judges who later must preside over 30‑day full TPO hearings. Superior court judges present at the meeting (including Judge Lisa Lot and Chuck Oslander) voiced support, noting magistrate availability also helps police obtain urgent search warrants and can shorten jail stays for lower‑level matters.
Min proposed a 20‑hour weekly appointment funded at the entry magistrate hourly rate and said the budget request includes a cushion to cover temporary increased hours when needed. He said the magistrate court would continue to provide cross‑coverage and that on‑call structures make magistrate judges particularly suited to handle unplanned protective‑order petitions promptly.
Why this matters: Ex parte TPO hearings are by law unplanned and often time sensitive. Min and the courts argued a funded part‑time magistrate would make emergency relief more accessible and permit more immediate disposition of certain low‑level matters, with potential downstream reductions in jail population and court calendar congestion.
Next steps: The magistrate budget request appears in the county’s FY27 budget materials and the courts asked the commission to fund the part‑time position; staff and judges said they would return with implementation details if commissioners direct funding.
Attribution note: Quotes and attributions are drawn from magistrate Chief Ben Min and supporting superior court judges during the May 14 presentation.
