This office was established under the Territorial Government in 1788, at which time a law was published by which not less than three, nor more than five Justices were to be appointed by the Governor in each county, and known as the County Court of Common Pleas. In 1790, the law was so amended as to make the number not less than three nor more than seven, and these Judges transacted the minor law business of the county. The constitution of 1802, provided, that not less than two nor more than three Associate Judges in each county, who had to be residents thereof, should be elected by joint ballot of the General Assembly, their official term to be seven years. In 1810, the number of Associate Judges in each county was permanently fixed as three, who, together with the Presiding Judge of the Circuit, constituted the Court of Common Pleas; yet the Associates had power to hold special sessions, try cases and transact the legal business of the county in the absence of the Presiding Judge. Under the Constitution of 1851, the judiciary was re-organized and the office of Associate Judge abolished.
From the erection of Madison County until the adoption of the new constitution in 1851, the following is a list of those who filled the office of Associate Judge in this county: In 1810, Isaac Miner, Samuel Baskerville, David Mitchell. The first mentioned resigned and was succeeded by John Arbuckle; so from 1811-16, the Associates were John Arbuckle, Samuel Baskerville, David Mitchell; 1817-19, Baskerville, Mitchell, James Curry. The latter was elected Representative, and in March. 1820, the Associates were Baskerville, Thomas Gwynne, Isaac Howsman, the two latter being only temporary, and in November Howsman was re-appointed William Lewis and Samuel Culbertson, succeeding Baskerville and Gwynne. In the following year, Lewis was elected to the Legislature, and was succeeded by John Arbuckle as Judge; so that in 1821-23, they stood Isaac Howsman, Samuel Culbertson, John Arbuckle; 1824-35, Howsman, Arbuckle, George Linson; 1836-37, Howsman, Linson, Nathan Bond; 1838-39, Howsman, Bond, William Blaine; 1840, Howsman, Blaine, Isaac Jones; May, 1841, Blaine, Jones, Thomas Jones; October, 1841, Jones, Jones, James Rayburn; 1842, Jones, Jones, Jacob Garrard; March, 1843, Thomas Jones, Jacob Garrard, James Rayburn; May, 1843-44, Jones, Garrard, William T. Rowe; 1845-49, Jones, Rowe, Patrick McLene; January, 1850, Jones, McLene, John Rouse; April, 1850-51, Thomas Jones, Edward Fitzgerald, John W. Simpkins.