Text: SF02412 Text: SF02414 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
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 otherdistrict1 20judgesjudicial 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. Thedistrict judgesjudicial 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. However, 2 9 the mandatory retirement age does not apply to an associate 2 10 juvenile judge or associate probate judge who is seventy-two 2 11 years of age or older on July 1, 1996. 2 12 Sec. 6. Section 602.6404, subsection 1, Code 1995, is 2 13 amended to read as follows: 2 14 1. A magistrate shall be a resident of the county of 2 15 appointment during the magistrate's term of office. A 2 16 magistrate shall serve within the judicial district in which 2 17 appointed, as directed by the chief judge, provided that the 2 18 chief judge may assign a magistrate to hold court outside of 2 19 the county of the magistrate's residenceonly if it is2 20necessaryfor the orderly administration of justice. A 2 21 magistrate is subject to reassignment under section 602.6108. 2 22 Sec. 7. Section 633.18, subsection 2, Code 1995, is 2 23 amended to read as follows: 2 24 2. Thedistrict judgesjudicial officers of a judicial 2 25 district, excluding the magistrates, acting under section 2 26 602.1213 may prescribe rules for probate actions and 2 27 proceedings within the district, but these rules must be 2 28 consistent with this chapter, and are subject to the approval 2 29 of the supreme court. 2 30 EXPLANATION 2 31 Sections 1 and 2 of the bill expand the definition of a 2 32 judicial officer to include an associate juvenile judge and an 2 33 associate probate judge. 2 34 Section 3 of the bill authorizes the chief judge of a 2 35 judicial district to appoint from among the other judicial 3 1 officers of the judicial district, excluding the magistrates, 3 2 one or more assistants to serve throughout the judicial 3 3 district. Existing law requires an assistant of the chief 3 4 judge to be a district judge. The change in section 3 3 5 authorizes a district associate judge, an associate juvenile 3 6 judge, or an associate probate judge of the district to serve 3 7 as such an assistant. 3 8 Section 4 of the bill authorizes the judicial officers 3 9 within a judicial district, excluding the magistrates, to 3 10 convene as an administrative body to address various judicial 3 11 matters and duties. Existing law authorizes only district 3 12 judges to convene as such an administrative body. The change 3 13 in section 4 authorizes a district associate judge, an 3 14 associate juvenile judge, or an associate probate judge of the 3 15 district to convene as a part of such an administrative body. 3 16 Section 5 of the bill provides that the mandatory 3 17 retirement age is 72 years of age for all associate juvenile 3 18 judges and associate probate judges, but does not apply to an 3 19 associate juvenile judge or associate probate judge who is 72 3 20 years of age or older on July 1, 1996. 3 21 Section 6 specifies that a chief judge may assign a 3 22 magistrate to hold court outside of the county of the 3 23 magistrate's residence for the orderly administration of 3 24 justice. 3 25 Section 7 of the bill authorizes the judicial officers of a 3 26 judicial district, excluding the magistrates, to prescribe 3 27 rules for probate actions and proceedings within the district. 3 28 Existing law authorizes only district judges to prescribe 3 29 rules for such probate actions and proceedings. The change in 3 30 section 6 authorizes a district associate judge, an associate 3 31 juvenile judge, or an associate probate judge of the district 3 32 to participate in prescribing rules for such probate actions 3 33 and proceedings. 3 34 LSB 4252SV 76 3 35 kah/jw/5
Text: SF02412 Text: SF02414 Text: SF02400 - SF02499 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 May 1 06:50:03 CDT 1996
URL: /DOCS/GA/76GA/Legislation/SF/02400/SF02413/960304.html
jhf