Text: SF02278 Text: SF02280 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 46.15, unnumbered paragraph 1, Code 1 2 1995, is amended to read as follows: 1 3 All appointments to the supreme court and court of appeals 1 4 shall be made from the nominees of the state judicial 1 5 nominating commission, and all appointments to the district 1 6 court shall be made from the nominees of the district judicial 1 7 nominating commission. All magistrate appointments shall be 1 8 made by the county magistrate appointing commission. Nominees 1 9 to the court of appeals shall have the qualifications 1 10 prescribed for nominees to the supreme court. 1 11 Sec. 2. Section 46.20, Code 1995, is amended to read as 1 12 follows: 1 13 46.20 DECLARATION OF CANDIDACY. 1 14 At least one hundred four days before the judicial election 1 15 preceding expiration of the initial or regular term of office, 1 16 a judge of the supreme court, court of appeals, or district 1 17 court including district associate judges, a magistrate, or a 1 18 clerk of the district court who is required to stand for 1 19 retention under section 602.1216 may file a declaration of 1 20 candidacy with the state commissioner of elections to stand 1 21 for retention or rejection at that election. If a judge, 1 22 magistrate, or clerk fails to file the declaration, the office 1 23 shall be vacant at the end of the term. District associate 1 24 judges filing the declaration shall stand for retention in the 1 25 judicial election district of their residence. Magistrates 1 26 filing the declaration shall stand for retention in the county 1 27 of their residence. 1 28 Sec. 3. Section 46.21, Code 1995, is amended to read as 1 29 follows: 1 30 46.21 CONDUCT OF ELECTIONS. 1 31 At least sixty-nine days before each judicial election, the 1 32 state commissioner of elections shall certify to the county 1 33 commissioner of elections of each county a list of the judges 1 34 of the supreme court, court of appeals, and district court, 1 35 including district associate judges, magistrates, and clerks 2 1 of the district court to be voted on in each county at that 2 2 election. The county commissioner of elections shall place 2 3 the names upon the ballot in the order in which they appear in 2 4 the certificate, unless only one county is voting thereon. 2 5 The state commissioner of elections shall rotate the names in 2 6 the certificate by county, or the county commissioner of 2 7 elections shall rotate them upon the ballot by precinct if 2 8 only one county is voting thereon. The names of all judges, 2 9 magistrates, and clerks to be voted on shall be placed upon 2 10 one ballot, which shall be in substantially the following 2 11 form: 2 12 STATE OF IOWA 2 13 JUDICIAL BALLOT 2 14 (Date) 2 15 VOTE ON ALL NAMES BY PLACING AN X IN THE APPROPRIATE BOX 2 16 AFTER EACH NAME. 2 17 SUPREME COURT 2 18 Shall the following judges of the Supreme Court be retained 2 19 in office? 2 20 CANDIDATE'S NAME YES ___ NO ___ 2 21 CANDIDATE'S NAME YES ___ NO ___ 2 22 COURT OF APPEALS 2 23 Shall the following judges of the Court of Appeals be 2 24 retained in office? 2 25 CANDIDATE'S NAME YES ___ NO ___ 2 26 CANDIDATE'S NAME YES ___ NO ___ 2 27 DISTRICT COURT 2 28 Shall the following judge or associate judge of the 2 29 District Court be retained in office? 2 30 CANDIDATE'S NAME YES ___ NO ___ 2 31 MAGISTRATE 2 32 Shall the following magistrate of _______ county (name of 2 33 county) be retained in office? 2 34 Shall the following clerk of the District Court be retained 2 35 in office? 3 1 CANDIDATE'S NAME YES ___ NO ___ 3 2 Sec. 4. Section 46.24, Code 1995, is amended to read as 3 3 follows: 3 4 46.24 RESULTS OF ELECTION. 3 5 A judge of the supreme court, court of appeals, or district 3 6 court, including a district associate judge, a magistrate, or 3 7 a clerk of the district court must receive more affirmative 3 8 than negative votes to be retained in office. When the poll 3 9 is closed, the election judges shall publicly canvass the vote 3 10 forthwith. The board of supervisors shall canvass the returns 3 11 on the Monday or Tuesday after the election, and shall 3 12 promptly certify the number of affirmative and negative votes 3 13 on each judge, magistrate, or clerk to the state commissioner 3 14 of elections. 3 15 The state board of canvassers shall, at the time of 3 16 canvassing the vote cast at a general election, open and 3 17 canvass all of the returns for the judicial election. Each 3 18 judge of the supreme court, court of appeals or district 3 19 court, including a district associate judge, a magistrate, or 3 20 a clerk of the district court who has received more 3 21 affirmative than negative votes shall receive from the state 3 22 board of canvassers an appropriate certificate so stating. 3 23 Sec. 5. Section 602.6402, Code 1995, is amended to read as 3 24 follows: 3 25 602.6402 ADDITIONAL MAGISTRATE ALLOWED. 3 26 In those counties which are allotted one magistrate under 3 27 section 602.6401 or which are restricted to one magistrate by 3 28 section 602.6302, the county magistrate appointing commission 3 29 may, by majority vote, decide to appoint one additional 3 30 magistrate. If a county appoints an additional magistrate 3 31 under this section, each of the two magistrates shall receive 3 32 one-half of the regular salary of a magistrate. A magistrate 3 33 appointed under this section is qualified to run for retention 3 34 under section 602.6406. 3 35 Sec. 6. Section 602.6403, subsection 1, Code 1995, is 4 1 amended by striking the subsection and inserting in lieu 4 2 thereof the following: 4 3 1. a. The term of office of a magistrate is four years, 4 4 commencing on the first day of January 1997 which is not a 4 5 Sunday or a legal holiday. A magistrate shall stand for 4 6 retention at the general election held every four years, com- 4 7 mencing with the general election in 1996. 4 8 b. When a vacancy occurs in the office of magistrate, the 4 9 clerk of the district court shall notify the state court ad- 4 10 ministrator and the chief judge of the judicial district. The 4 11 state court administrator shall notify the chairperson of the 4 12 county magistrate appointing commission of the vacancy. 4 13 c. Within thirty days following receipt of notification of 4 14 a vacancy in the office of magistrate, the commission shall 4 15 appoint a person to the office to serve the remainder of the 4 16 unexpired term. If an appointment is made to fill a vacancy 4 17 more than one hundred twenty days before the general election 4 18 in which the office is to be filled, the appointee shall stand 4 19 for retention at that general election. Otherwise, the 4 20 appointee shall stand for retention at the next general 4 21 election. 4 22 d. For purposes of this section, "vacancy" means a death, 4 23 resignation, retirement, or removal of a magistrate, other 4 24 than removal if a substitution is made under section 602.6302, 4 25 or an increase in the number of magistrate positions due to an 4 26 allocation under section 602.6301. 4 27 Sec. 7. Section 602.6403, subsection 3, Code 1995, is 4 28 amended by striking the subsection. 4 29 Sec. 8. Section 602.6403, subsection 4, Code 1995, is 4 30 amended to read as follows: 4 31 4.The term of office of a magistrate is four years,4 32commencing August 1, 1989. However, the terms of all4 33magistrates in a county are deemed to expire ifIf a 4 34 substitution under section 602.6302 or the allocation under 4 35 section 602.6401 results in a reduction in the number of 5 1 magistrates in a county where the magistrates hold office, the 5 2 magistrate with the least seniority shall not be qualified to 5 3 run for retention under section 602.6406. If no magistrate is 5 4 senior to any other magistrate in the county, those 5 5 magistrates qualified to run for retention shall be chosen by 5 6 lot. 5 7 Sec. 9. Section 602.6404, Code 1995, is amended to read as 5 8 follows: 5 9 602.6404 QUALIFICATIONS. 5 10 1. A magistrate shall be a resident of the county of 5 11 appointment or retention during the magistrate's term of 5 12 office. A magistrate shall serve within the judicial district 5 13 in which appointed or retained, as directed by the chief 5 14 judge, provided that the chief judge may assign a magistrate 5 15 to hold court outside of the county of the magistrate's 5 16 residence only if it is necessary for the orderly 5 17 administration of justice.A magistrate is subject to5 18reassignment under section 602.6108.5 19 2. A person is not qualified for appointment or retention 5 20 as a magistrate unless the person files a certified 5 21 application form, to be provided by the supreme court, with 5 22 the chairperson of the county magistrate appointing 5 23 commission. A person is not qualified for appointment or 5 24 retention as a magistrate if at the time of appointment the 5 25 person has reached age seventy-two. 5 26 3. A person is not required to be admitted to the practice 5 27 of law in this state as a condition of being appointed to or 5 28 retained in the office of magistrate, but the magistrate 5 29 appointing commission shall first consider applicants who are 5 30 admitted to practice law in this state whenselecting5 31 appointing personsforto the office of magistrate. 5 32 Sec. 10. NEW SECTION. 602.6406 RETENTION OF MAGISTRATES 5 33 – ELECTION. 5 34 Magistrates shall stand for retention every four years at a 5 35 judicial election held at the time of the general election 6 1 commencing in 1996. Magistrates shall stand for retention in 6 2 the manner provided for judicial elections in sections 46.17 6 3 to 46.24. 6 4 Sec. 11. TRANSITION. Magistrates in office on the 6 5 effective date of this Act are eligible to stand for 6 6 retention. Those terms of magistrates in office on the 6 7 effective date of this Act which are set to expire July 31, 6 8 1996, shall extend to the first day of January 1997 which is 6 9 not a Sunday or a legal holiday. 6 10 Sec. 12. EFFECTIVE DATE. This Act, being deemed of 6 11 immediate importance, takes effect upon enactment. 6 12 EXPLANATION 6 13 This bill requires that judicial magistrates stand for 6 14 retention in the general election every four years commencing 6 15 in 1996. Currently, a county magistrate appointing commission 6 16 appoints magistrates for four-year terms beginning August 1. 6 17 Under this bill, the commission would continue to make 6 18 appointments in the case of vacancies. 6 19 The bill allows magistrates in office on the effective date 6 20 of the bill to stand for retention and extends their terms 6 21 until the first day of January 1997 that is not a Sunday or a 6 22 legal holiday. 6 23 The bill takes effect upon enactment. 6 24 LSB 3312XS 76 6 25 sc/jw/5.1
Text: SF02278 Text: SF02280 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Wed Mar 6 03:15:04 CST 1996
URL: /DOCS/GA/76GA/Legislation/SF/02200/SF02279/960222.html
jhf