The Jackson County Board of Commissioners Monday night rejected by a 4-1 vote a request by State Court officials to change to a full-time operation.
Commissioner Dwain Smith cast the only vote to approve the request. Voting to continue to operate State Court on a part-time basis were commissioners Bruce Yates, Tom Crow and Chas Hardy and chairman Hunter Bicknell.
Judge Jerry Gray and state solicitor Don Moore had asked that the State Court system move to full-time but county staff recommended that it continue to operate as a part-time court.
County manager Darrell Hampton said he has reviewed the State Court operation and believes it should continue to operate as part-time.
“In reviewing case load information provided by the State Court, for the years 2005 through 2010, it appears that the need, or in this instance case load, has not increased to the extent that it would warrant a change in how this service is provided,” Hampton wrote in his recommendation to the BOC.
Finance director John Hulsey presented statistics on the caseload, which was 7,497 cases in 2009.
“A lot of these cases are handled without having to go through the court system,” Hulsey said. “Many people pay their fines online or through the clerk’s office.”
Moore said the only legal obligation is to hold one week of court each month. Moore and Gray say they are holding court at least two weeks per month.
“Chaos would pursue quickly with just one week of court per month,” Moore said at the meeting Monday night.
Moore also pointed out that he and Gray are nearing retirement and, when they retire younger lawyers who might take over would likely only hold court one week per month.
“They would still have their private practice,” he said. “They plan to have a private practice and serve as state court judge.”
At an earlier meeting, Gray said: “You like the way I’ve done it because I’ve acted like a full-time judge. That is the reason you are not recommending this go to full-time. You are saying, ‘Judge Gray, you are a full-time judge anyway.’ Why would you want to change it?”
Moore also spoke on the 14 malpractice cases that will be heard in State Court in the next year. County staff said these cases could be handled by a visiting judge, if necessary.
