Though both legislators agree it’s critical to add a permanent second family court judge in Daviess County, Rep. DJ Johnson and Senator Matt Castlen have opposing proposals on how to implement the move.
Johnson is the sponsor for House Bill 327, which would make Daviess County’s second family court judge position permanent after combining Hancock and Daviess counties into the same judicial district.
Johnson’s bill calls for moving Hancock County out of the 38th Judicial District and into the Sixth District with Daviess County.
In doing so, one district court judge position would be eliminated in the 38th District. The position would move with Hancock County and be added to the Sixth District as a second family court judge.
Officials in Hancock County have expressed opposition to the bill, which Johnson said is in part because they believe they’ll be losing a judge. However, Johnson said “that judge has been serving as the second family court judge in the Sixth District since 2018. Should they move to the Sixth, they will move with that judge, and actually have access to seven judges instead of the four they now have.”
Still, the opposition from Hancock County officials and others in the 38th District is in part why on Friday, Castlen introduced an amendment to Johnson’s proposed bill. The amendment would leave Hancock County in the 38th District — which would both judgeships — and instead create a new family court judge position for Daviess County.
“I filed the amendment because Hancock County was not on board with the current bill that was out there,” Castlen said. “They did not want to be part of the Sixth Circuit and moved from the 38th. I didn’t feel like it was right to throw 8,500 people into a situation that they have openly been against.”
Castlen continued, “It’s important that I let the voices from all the counties be heard in trying to reach a compromise. A compromise was not reached by the bill sponsor with the county, so when the bill came over to the Senate, this was my compromise to try to make sure we get our second family court judge.
However, Johnson said it’s not as simple as creating a new position without eliminating another.
“His objective is admirable,” Johnson said of Castlen. “I understand what he’s trying to do, looking for a win-win situation. But we’re to a great extent driven by some numbers.”
Jonson said the Administrative Office of the Courts (AOC) completed a workload study to determine how many judges are allowed to be in each district based on numerical data.
He said a “1.0 is perfect, anything greater than 1.4 is overworked, and anything under .5 is grossly underutilized.”
“When they did the workload evaluations, it became very apparent that we needed two family court judges in the Sixth District,” Johnson said.
Johnson said that Julie Hawes Gordon — Daviess County’s only permanent family court judge — had a workload greater than 1.6. Meanwhile, the two judges in the 38th District were only handling workloads of around .5 each, Johnson said.
Based on that assessment, the AOC wouldn’t approve a new judgeship without eliminating another, Johnson said.
“I totally respect what Senator Castlen is trying to do, but the certifications of the Supreme Court don’t support it, and I am very confident that the Chief Justice of the Supreme Court, who has the final say on the certification process, is not going to support that,” Johnson said.
Johnson added that the bill essentially formalizes a move made in 2018, when Chief Justice John Minton assigned a Hancock District judge to serve as a second family court judge in Daviess County, while still hearing some district court cases in the 38th District.
Johnson said he understands the opposition from Hancock County officials, but said the bill would benefit the residents greatly.
“They’re going to get faster justice,” he said, again noting the access to more, not fewer, judges.
Meanwhile, Castlen is hoping his amendment is approved because he feels it’s a compromise for both sides.
“The amendment was filed to provide a second family court judge to the most vulnerable population of Owensboro, and I hope a compromise can be reached to see this thing across the finish line,” he said.
The Senate is expected to vote on Castlen’s proposed amendment Monday. If the Senate approves the bill — regardless of whether or not the amendment is adopted — the legislation would head back to the House because a separate amendment was already approved by the Senate.
Time is running out for the bill to be passed in any form as the end of the General Assembly draws near, but Johnson is confident they can get the legislation through.
Regardless of what version is passed, both Johnson and Castlen said it’s critical for Daviess County to get a permanent second family court judge.
“We absolutely need a second family court judge in Daviess County,” Castlen said. “This gives access to the most vulnerable of our populations to the courts. Our current family court judge is doing an excellent job, but she has all the work she can handle.”
Said Johnson: “Regardless of what solution we come up with, it is absolutely critical that we have that second family court judge. It’s critical for the judge that’s there right now, and it’s critical to the people of the Sixth District so that they can have timely justice.”
