The Adams County Courthouse will welcome a second judge to the Adams County Court of Common Pleas in 2027 following the passage of Senate Bill 158 in January. (Photo by Ryan Applegate)
By Ryan Applegate
People’s Defender
Ohio Governor Mike DeWine signed Senate Bill 158 into law on January 8, 2025, marking a significant change in the judicial structure of Adams County. The bill establishes a second judgeship within the Adams County Court of Common Pleas, a move that has sparked discussion among county officials and the public.
The newly created judgeship will oversee probate and juvenile cases, alongside the existing common pleas court judge, currently held by the Honorable Judge Brett Spencer. According to the provisions of the bill, the new judge will be elected in the fall of 2026 and assume office on February 9, 2027. For the first two years, the additional judge will preside over a broad range of cases, including civil, criminal, probate, juvenile, and domestic matters. After the conclusion of Judge Spencer’s current term, the responsibilities will be divided, with one judge focusing on civil, criminal, and domestic cases, while the other will exclusively handle probate and juvenile cases.
Judge Spencer expressed concerns about the way the legislation was introduced and passed, particularly noting that the process was conducted with minimal transparency. “When we learned of the second round of this being pushed through in a lame-duck session, it was clear there had been little communication,” he said. “We’ve embraced the change because that’s what you have to do, but we would like more clarity. The taxpayers deserve to know what this is going to cost. The proposal mentions $250,000, but that amount barely covers the recording equipment needed.”
The judge also highlighted the lack of direct communication from state and local officials regarding the decision. “I wrote to our state representative on January 21 requesting a meeting to address the concerns of my staff and the public. We heard nothing. A second request was sent on February 21, this time with return receipt requested, to ensure it was received. Still, no response.”
Judge Spencer also pointed out that the claim of a backlog of cases in Adams County was not supported by the Supreme Court of Ohio’s monitoring system, which tracks caseloads across the state. “The Supreme Court receives monthly reports on all case activity. Our efficiency has been consistently strong, and state representatives reviewing the data noted that the backlog argument did not hold up.”
The introduction of a second judge follows a controversial history. Initially proposed as an emergency measure in 2023, the plan sought to strip Judge Spencer of probate and juvenile jurisdiction and transfer those duties to a newly appointed judge. However, the measure was scrutinized in the Ohio House Civil Justice Committee, where members challenged the necessity of the proposal based on available data. The latest iteration of the bill was pushed through in a lame-duck session without prior notice to Judge Spencer or the public, raising concerns about transparency.
Senate Bill 158’s passage also raises questions about logistical and financial implications. Judge Spencer and his staff remain in the dark about how the new judicial position will be integrated into the current courthouse, where it will be housed, and how expenses beyond the proposed $250,000 will be covered. “It’s time for some honesty and transparency,” Judge Spencer said. “What is the full cost? Where will the courtroom be? How will this affect staffing? These are things the people of Adams County deserve to know.”
From a practical standpoint, there are also concerns about the physical and administrative logistics of accommodating a second judge. The Adams County Courthouse, like many older government buildings, may require modifications to fit an additional courtroom, judge’s chambers, and staff offices. These necessary renovations could further inflate the cost beyond what has been publicly estimated. Additionally, increased staffing needs, including clerks and administrative personnel, will require long-term budget considerations that have yet to be addressed in official statements.
Supporters of the bill argue that a second judge will enhance access to justice by reducing wait times for hearings and case resolutions. However, skeptics counter that if caseload numbers do not justify the additional position, taxpayer money may be better allocated elsewhere. Without clear communication from lawmakers, much of the debate remains speculative.
Requests for comment were sent to the Adams County Commissioners, Ohio State Representative Justin Pizzulli, and Ohio State Senator Terry Johnson. The People’s Defender will publish their responses as soon as they are made available.
Judge Spencer remains focused on moving forward despite the uncertainty. “A pessimist complains about the wind. An optimist hopes it changes. A realist adjusts the sails. We are ready to adjust our sails and continue serving Adams County with fairness, impartiality, and efficiency.”
The upcoming judicial election in 2026 will be a pivotal moment for the county, shaping the future of its legal system. Until then, questions remain about how this new structure will be implemented and its long-term impact on the community. As discussions unfold, Adams County residents will be watching closely to see how their leaders navigate this transition and address their concerns.
