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Jury Is Out On Proposed New Delaware County Circuit Court

By Stephanie Wiechmann, IPR News | Published on in Government, Law, Local News, Politics
The existing five circuit courts will move to a new justice center at the former Wilson Middle School. (Photo: Samantha Brammer, Ball State Daily News)

Plans to create a sixth circuit court in Delaware County are on the rocks.  As IPR’s Stephanie Wiechmann reports, local elected officials have balked at the cost and a Delaware County state representative has had the idea removed from a state bill.

A sixth circuit court was recommended by a 2019 state interim study committee, after being requested by Delaware County judges.  A report showed then that Delaware County had more cases than the five existing circuit courts could handle.

The proposed new court wouldn’t have opened until 2023.  But now, Delaware County’s council, county clerk, and two out of three commissioners object to the one-time cost of more than $300,000 to “build out” the court and the ongoing expense of about than $57,000 to staff and run the court.

Delaware County Republican Representative J.D. Prescott asked for the court’s creation to be removed from a House bill in a committee hearing last week.

“The county council, from the very beginning, has been completely opposed due to not having available funds at the county level to suffice for this additional court and the additional costs that the county would incur.  Since that time, we’ve obviously had financial hardships due to COVID-19, which has further put strain on the county officials.”

House Courts and Criminal Code chair Republican Wendy McNamara says this is unusual.

“You know, I don’t recall this ever happening in 10 years where the local government has decided they’re not going to pay, but, I mean, we probably should have thought about that.  But we didn’t expect COVID to hit us either, so.”

Not every elected official objects to the court.  This week, commissioner Sherry Riggin voiced her support

“I’m just a firm believer that if a judge – and five judges – say they need something, that we should listen to them – and the prosecutor.”

The House bill with its amendment to remove the Delaware County sixth circuit court has been sent to the Ways and Means Committee for consideration.