Senate
Study
Bill
3038
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
the
appointment
and
removal
of
clerks
of
the
1
district
court.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5324XD
(2)
85
rh/rj
S.F.
_____
H.F.
_____
Section
1.
Section
602.1215,
subsection
1,
Code
2014,
is
1
amended
to
read
as
follows:
2
1.
Subject
to
the
provisions
of
section
602.1209,
3
subsection
3
,
the
district
judges
of
each
chief
judge
of
4
the
judicial
election
district
,
after
consultation
with
the
5
district
judges
of
the
judicial
district,
shall
by
majority
6
vote
appoint
persons
to
serve
as
clerks
of
the
district
court
7
within
the
judicial
election
district.
The
district
judges
of
8
a
judicial
election
district
chief
judge
may
appoint
a
person
9
to
serve
as
clerk
of
the
district
court
for
more
than
one
but
10
not
more
than
four
contiguous
counties
in
the
same
judicial
11
district.
A
person
does
not
qualify
for
appointment
to
the
12
office
of
clerk
of
the
district
court
unless
the
person
is
at
13
the
time
of
application
a
resident
of
the
state.
A
clerk
of
14
the
district
court
may
be
removed
from
office
for
cause
by
a
15
majority
vote
of
the
district
judges
of
the
chief
judge
of
16
the
judicial
election
district.
Before
Prior
to
removal,
the
17
clerk
of
the
district
court
shall
be
notified
of
the
cause
for
18
removal.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
the
appointment
of
the
clerks
of
the
23
district
court.
24
Under
current
law,
a
clerk
of
the
district
court
is
appointed
25
and
may
be
removed
by
a
majority
vote
of
all
district
judges
in
26
the
judicial
election
district.
The
state
court
administrator
27
must
approve
the
appointment.
28
The
bill
changes
the
method
by
which
the
clerk
of
the
29
district
court
is
appointed.
The
amendment
permits
the
chief
30
judge
of
each
judicial
district
to
appoint
the
clerks
of
the
31
district
court
in
the
judicial
district
after
consultation
with
32
the
district
judges
of
the
judicial
district.
The
amendment
33
also
permits
the
chief
judge
to
remove
clerks
of
the
district
34
court
for
cause.
35
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