published Monday, September 17th, 2007, updated Sept. 17th, 2007 at midnight

Two turn down chief magistrate job

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By Matt Wilson

Staff Writer

Former General Sessions Judge Richard Holcomb and retired attorney Leroy Phillips said Monday that Hamilton County commissioners contacted them regarding the position of chief judicial commissioner, but neither took it.

"I'm retired," Mr. Holcomb said. "I told them no."

Mr. Holcomb said he told commissioners that the program of judicial commissioners, often called magistrates, should be changed so that judges, rather than county commissioners, appoint the magistrates.

"The whole system was flawed by the way it was set up," he said.

Mr. Phillips said he contacted commissioners about taking on the job, but he later had to decline it because of health concerns.

"I would have really liked to have done it," he said.

Commissioners Curtis Adams and Greg Beck said they had talked to the potential candidates to lead the magistrates.

Mr. Adams said he would like to see a "heavyweight lawyer" in the position.

"It certainly hasn't worked out for us," Mr. Adams said of the current system.

Mr. Beck said the commission should be patient about making a decision.

"I don't think we need to think about that until we see who we have as applicants," he said.

He said he thought current Chief Magistrate Bob Meeks would be a good choice to continue as chief.

Mr. Meeks said he would continue as chief if offered the position.

Last week, Mr. Adams called for an end to the judicial commissioners program. He said the state law that sets up the magistrates program in Hamilton County should be amended to put the program under the supervision of the General Sessions judges.

Magistrates perform limited judicial duties such as setting bonds on nights and weekends. The contract that put the current magistrates in place expires Oct. 31.

Commissioner John Allen Brooks said last week that ending the program would cause jail crowding to increase.

The commission plans to vote Wednesday on a resolution that would keep the commission in charge of appointing magistrates but put more managerial power in the hands of the chief. It also would reduce the magistrates' terms from four years to one for new appointees and two for others.

Mr. Adams said he was speaking to another possible chief magistrate he declined to name. He said he thought support for his plan to end the program may be limited.

"I don't want to be a one-vote loser," he said.

Commissioner Richard Casavant said he also was for ending the program.

Mr. Adams also said he would like to study how busy the magistrates program is and the possibility of operating it just on weekends and busier days.

Commission Chairman Bill Hullander said he would like to extend the program until January to give the commission more time to talk to state representatives about possible changes.

E-mail Matt Wilson at mwilson@timesfreepress.com

WHAT'S NEXT

The Hamilton County Commission will vote Wednesday on a resolution that would give more managerial power to the chief magistrate. The current judicial commissioners' contracts expire on Oct. 31. If the commission does not renew or extend those contracts, the program will end.

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