Ya’ll Politics noted today the Madison County Journal’s article that Madison County may be looking to get the State Legislature create its own Circuit Court district. The reason is, predictably, population growth:
State Sen. Will Longwitz (R-Madison) sits on the Senate Judiciary Committee and agreed it was too early to predict how the [redistricting] lines will be drawn.
“It’s clear that Madison County’s population has increased and the caseload has increased dramatically,” he said. “We should be getting at least one new circuit judge. But, Madison County might get its own (district).
“I think it’s a little too early in the process,” he continued. “I wouldn’t make any predictions until the final vote is cast. When you’re dealing with district lines it’s fluid right up until the last minute.”
As far as whether or not Longwitz was pushing for a separate circuit court district for Madison, he said that was up in the air.
“There’s no question Madison and Rankin County are both big enough to support their own circuit court district,” he said.
“I think there’s arguments both ways. I hope a given is that we will get a new judge.”
My Take:
On the civil side it takes forever to get a case tried in Madison County. After my last experience in Madison County, I resolved to file Madison County venue cases in federal court when there is diversity jurisdiction. A federal court case will be resolved in half the time, maybe less.
If you gave me the defense of a decent sized Madison County case and told me to stall the trial, I think I could delay it for five years. I’m almost positive I could stall it for at least three years.
And it wouldn’t cost my client that much money in attorney’s fees. There would be prolonged spells of inactivity waiting for litigation disputes to be heard. The case would not be set for trial until after all the litigation disputes were decided. Then the trial setting would be on some far off date in the future.
Plus, who knows? We might end up having to ask for a continuance. If so, we’d go to the back of the civil trial line. And of course, civil trials are subject to the criminal side’s Fastpass.
I’m not saying I would do this. Heck, I hardly ever defend cases anymore. But it’s possible. I’ve seen it. And it’s a problem.
If giving Madison County its own Circuit District is the solution, then I’m all for it.