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House Study Bill 715

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 4.1, subsection 12, Code Supplement
  1  2 1995, is amended to read as follows:
  1  3    12.  "Judicial officer" means a supreme court justice, a
  1  4 judge of the court of appeals, a district judge, a district
  1  5 associate judge, an associate juvenile judge, an associate
  1  6 probate judge, or a magistrate.  The term also includes a
  1  7 person who is temporarily serving as a justice, judge, or
  1  8 magistrate as permitted by section 602.1612 or 602.9206.
  1  9    Sec. 2.  Section 602.1101, subsection 8, Code 1995, is
  1 10 amended to read as follows:
  1 11    8.  "Judicial officer" means a supreme court justice, a
  1 12 judge of the court of appeals, a district judge, a district
  1 13 associate judge, an associate juvenile judge, an associate
  1 14 probate judge, or a magistrate.  The term also includes a
  1 15 person who is temporarily serving as a justice, judge, or
  1 16 magistrate as permitted by section 602.1612 or 602.9206.
  1 17    Sec. 3.  Section 602.1211, subsection 3, Code 1995, is
  1 18 amended to read as follows:
  1 19    3.  A chief judge may appoint from among the other district
  1 20 judges judicial officers of the district, excluding the
  1 21 magistrates, one or more assistants to serve throughout the
  1 22 judicial district.  A chief judge may remove a person from the
  1 23 position of assistant.  An assistant shall have administrative
  1 24 duties as specified in court rules or in the order of
  1 25 appointment.  An appointment or removal shall be made by
  1 26 judicial order and shall be filed with the clerk of the
  1 27 district court in each county in the judicial district.
  1 28    Sec. 4.  Section 602.1213, subsection 1, Code 1995, is
  1 29 amended to read as follows:
  1 30    1.  The district judges judicial officers within a judicial
  1 31 district, excluding the magistrates, may convene as an
  1 32 administrative body as necessary to:
  1 33    a.  Prescribe local court procedures, subject to the
  1 34 approval of the supreme court.
  1 35    b.  Advise the chief judge respecting supervision and
  2  1 administration of the judicial district.
  2  2    c.  Exercise other duties, as established by law or by the
  2  3 supreme court.
  2  4    Sec. 5.  Section 602.1610, subsection 1, paragraph c, Code
  2  5 1995, is amended to read as follows:
  2  6    c.  The mandatory retirement age is seventy-two years for
  2  7 all district associate judges, associate juvenile judges,
  2  8 associate probate judges, and judicial magistrates.
  2  9    Sec. 6.  Section 633.18, subsection 2, Code 1995, is
  2 10 amended to read as follows:
  2 11    2.  The district judges judicial officers of a judicial
  2 12 district, excluding the magistrates, acting under section
  2 13 602.1213 may prescribe rules for probate actions and
  2 14 proceedings within the district, but these rules must be
  2 15 consistent with this chapter, and are subject to the approval
  2 16 of the supreme court.  
  2 17                           EXPLANATION
  2 18    Sections 1 and 2 of the bill expand the definition of a
  2 19 judicial officer to include an associate juvenile judge and an
  2 20 associate probate judge.
  2 21    Section 3 of the bill authorizes the chief judge of a
  2 22 judicial district to appoint from among the other judicial
  2 23 officers of the judicial district, excluding the magistrates,
  2 24 one or more assistants to serve throughout the judicial
  2 25 district.  Existing law requires an assistant of the chief
  2 26 judge to be a district judge.  The change in section 3
  2 27 authorizes a district associate judge, an associate juvenile
  2 28 judge, or an associate probate judge of the district to serve
  2 29 as such an assistant.
  2 30    Section 4 of the bill authorizes the judicial officers
  2 31 within a judicial district, excluding the magistrates, to
  2 32 convene as an administrative body to address various judicial
  2 33 matters and duties.  Existing law authorizes only district
  2 34 judges to convene as such an administrative body.  The change
  2 35 in section 4 authorizes a district associate judge, an
  3  1 associate juvenile judge, or an associate probate judge of the
  3  2 district to convene as a part of such an administrative body.
  3  3    Section 5 of the bill provides that the mandatory
  3  4 retirement age is 72 years of age for all associate juvenile
  3  5 judges and associate probate judges.
  3  6    Section 6 of the bill authorizes the judicial officers of a
  3  7 judicial district, excluding the magistrates, to prescribe
  3  8 rules for probate actions and proceedings within the district.
  3  9 Existing law authorizes only district judges to prescribe
  3 10 rules for such probate actions and proceedings.  The change in
  3 11 section 6 authorizes a district associate judge, an associate
  3 12 juvenile judge, or an associate probate judge of the district
  3 13 to participate in prescribing rules for such probate actions
  3 14 and proceedings.  
  3 15 LSB 4252HC 76
  3 16 kah/jw/5
     
Text: HSB00714                          Text: HSB00716
Text: HSB00700 - HSB00799               Text: HSB Index
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