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Wednesday, September 7, 2011

Taney County Courts (Missouri Circuit 38) Under Stress - By Tyler Francke BDN

Court system under stress 'We’re stretched to the limit,’ Orr says Posted: Friday, September 2, 2011 4:23 pm | Updated: 2:03 pm, Mon Sep 5, 2011. By Tyler Francke FORSYTH — In a 2007 study commissioned by state legislators, the 38th Judicial Circuit court system, which covers Taney and Christian counties, was ranked No. 1 as the district most in need of more judges. The study was revisited a year later and has not been updated since. But Circuit Judge Mark Orr was confident Thursday morning that not much has changed. “There’s no question that we’re right up there at the top,” Orr said. The 38th circuit currently has Orr and two associate circuit judges each for Taney and Christian counties. The study found the circuit needs at least four additional judges to handle its caseload. “I would say nine would probably be more than necessary, but certainly, one more would be helpful,” Orr said. Orr said additional associate judges are generally awarded based on population. But both counties in the circuit are still a long way off from the 100,000-threshold that would bring a new judge. Orr said what the area really needs is a new circuit judge. Unfortunately, a new circuit judgeship can only be created by legislative action, and lawmakers have not been looking to expand departments anywhere in the state in recent years. “Nobody disputes that the need is there,” Orr said. “But with the economy and everybody tightening their budgets, adding a new circuit judge has not been on the top of anybody’s list.” Orr said his circuit introduces a bill to the state Legislature requesting a new judge on an annual basis, but he doesn’t know when funding might become available. The circuit receives some assistance from a transfer program, wherein judges from less-inundated districts come to Taney County to hear cases. Orr said the program is helpful, but is not a long-term solution. He called it somewhat inefficient, because the transfer judges often have to drive several hours from their home circuits to decide cases in Taney County. While these judges help with the county’s civil caseload, felony criminal cases are still handled by Orr. He said Taney County’s associate judges, Tony Williams and Jim Justus, already do a “fair amount” of circuit court work, including handling juvenile court, family law and probate court. “They stay equally busy,” Orr said. “We’re just in a position where we’re stretched to the limit.” Orr had about 900 pending cases as of press time, while Justus had 3,100 and Williams had 5,400, which includes active warrants. The problem has grown over time. Orr said the criminal and civil caseloads in both counties doubled between 2000 and 2008. Both counties in the circuit were among the five fastest-growing in Missouri over the last decade. But Orr said the case numbers are more representative of the millions of visitors the area receives rather than its year-round population. “Taney County is a little bit unique in that the population doesn’t reflect the 7 million visitors that come here every year,” he said. “It doesn’t reflect all the crime that generates and the business and construction disputes that come from that.” Despite the heavy workload, Orr said the county does not have a large backlog of cases waiting to be heard. He added that he actually feels fortunate to be in a district where there’s a lot that needs to be done. “I love my job, and I like being busy,” Orr said. “It’s the same everywhere: Everybody’s trying to do more with less. There’s just a limit to how much you can get done.”