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Senate Study Bill 2152

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 602.6404, subsection 1, Code 1995, is
  1  2 amended to read as follows:
  1  3    1.  A magistrate shall be a resident of the county of
  1  4 appointment during the magistrate's term of office.  A
  1  5 magistrate shall serve within the judicial district in which
  1  6 appointed, as directed by the chief judge, provided that the
  1  7 chief judge may assign a magistrate to hold court outside of
  1  8 the county of the magistrate's residence only if it is
  1  9 necessary for the orderly administration of justice.  A
  1 10 magistrate is subject to reassignment under section 602.6108.
  1 11    Sec. 2.  Section 602.6404, subsection 3, Code 1995, is
  1 12 amended to read as follows:
  1 13    3.  A person is not required to be admitted to the practice
  1 14 of law in this state as a condition of being appointed to the
  1 15 office of magistrate, but the magistrate appointing commission
  1 16 shall first consider applicants who are admitted to practice
  1 17 law in this state when selecting persons for the office of
  1 18 magistrate.  The requirements of this subsection do not apply
  1 19 to magistrates serving on July 1, 1996, or to magistrates
  1 20 reappointed on or after July 1, 1996.  
  1 21                           EXPLANATION
  1 22    This bill eliminates current law which provides that the
  1 23 chief judge may assign a magistrate to hold court outside the
  1 24 county of the magistrate's residence only when it is
  1 25 necessary.  The current requirement that the assignment be for
  1 26 the orderly administration of justice is not changed.
  1 27    The bill also provides that any magistrate appointed for an
  1 28 initial term as magistrate on or after July 1, 1996, be
  1 29 licensed to practice law in this state.  Current magistrates
  1 30 who are not lawyers are allowed to remain magistrates and may
  1 31 be reappointed.  
  1 32 LSB 3779SC 76
  1 33 ec/jj/8
     
Text: SSB02151                          Text: SSB02153
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