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Text: HSB00184                          Text: HSB00186
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 185

Bill Text

PAG LIN
  1  1    Section 1.  Section 602.5203, Code 1997, is amended to read
  1  2 as follows:
  1  3    602.5203  LAW CLERKS.
  1  4    The court of appeals may employ not more than six attorneys
  1  5 or graduates of a reputable law school to act as legal
  1  6 assistants to the court.
  1  7    Sec. 2.  Section 602.6301, Code 1997, is amended to read as
  1  8 follows:
  1  9    602.6301  NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE
  1 10 JUDGES.
  1 11    There shall be one district associate judge in counties
  1 12 having a population, according to the most recent federal
  1 13 decennial census, of more than thirty-five thousand and less
  1 14 than eighty thousand; two in counties having a population of
  1 15 eighty thousand or more and less than one hundred twenty-five
  1 16 thousand; three in counties having a population of one hundred
  1 17 twenty-five thousand or more and less than two hundred
  1 18 thousand; four in counties having a population of two hundred
  1 19 thousand or more and less than two hundred thirty-five
  1 20 thousand; five in counties having a population of two hundred
  1 21 thirty-five thousand or more and less than two hundred seventy
  1 22 thousand; six in counties having a population of two hundred
  1 23 seventy thousand or more and less than three hundred five
  1 24 thousand; and seven in counties having a population of three
  1 25 hundred five thousand or more.  However, a county shall not
  1 26 lose a district associate judgeship solely because of a
  1 27 reduction in the county's population.  If the formula provided
  1 28 in this section results in the allocation of an additional
  1 29 district associate judgeship to a county, implementation of
  1 30 the allocation shall be subject to prior approval of the
  1 31 supreme court and availability of funds to the judicial
  1 32 department.  A district associate judge appointed pursuant to
  1 33 section 602.6302 or 602.6303 shall not be counted for purposes
  1 34 of this section.
  1 35    Sec. 3.  Section 602.8107, subsection 5, unnumbered
  2  1 paragraph 1, Code 1997, is amended to read as follows:
  2  2    If a county attorney does not file the notice and list of
  2  3 cases required in section 331.756, subsection 5, the judicial
  2  4 department may assign obligations cases to the centralized
  2  5 collection unit of the department of revenue and finance or
  2  6 its designee to collect delinquent debts owed to the clerk of
  2  7 the district court.
  2  8    Sec. 4.  Section 692A.5, Code 1997, is amended by adding
  2  9 the following new subsection:
  2 10    NEW SUBSECTION.  4.  The court may order an appropriate law
  2 11 enforcement agency or the county attorney to assist the court
  2 12 in performing the requirements of subsection 1.
  2 13    Sec. 5.  Section 907.4, Code 1997, is amended to read as
  2 14 follows:
  2 15    907.4  DEFERRED JUDGMENT DOCKET.
  2 16    A deferment of judgment under section 907.3 shall be
  2 17 reported promptly by the clerk of the district court, or the
  2 18 clerk's designee, to the state court administrator who shall
  2 19 maintain for entry in the deferred judgment docket.  The
  2 20 docket shall contain a permanent record of the deferred
  2 21 judgment including the name and date of birth of the
  2 22 defendant, the district court docket number, the nature of the
  2 23 offense, and the date of the deferred judgment.  Before
  2 24 granting deferred judgment in any case, the court shall
  2 25 request of the state court administrator a search of the
  2 26 deferred judgment docket and shall consider any prior record
  2 27 of a deferred judgment against the defendant.  The permanent
  2 28 record provided for in this section is a confidential record
  2 29 exempted from public access under section 22.7 and shall be
  2 30 available only to justices of the supreme court, judges of the
  2 31 court of appeals, district judges, district associate judges,
  2 32 judicial magistrates, clerks of the district court, and county
  2 33 attorneys requesting information pursuant to this section, or
  2 34 the designee of a justice, judge, magistrate, clerk, or county
  2 35 attorney.  
  3  1                           EXPLANATION
  3  2    The bill makes changes concerning the operation of the
  3  3 judicial department.
  3  4    The bill eliminates the limitation on the number of
  3  5 attorneys the court of appeals may employee to act as legal
  3  6 assistants to the court.
  3  7    The bill eliminates the requirement that the most recent
  3  8 federal decennial census be used to determine the population
  3  9 of a county when determining the county's eligibility for
  3 10 district associate judges.
  3 11    The bill eliminates the requirement that a debt owed the
  3 12 clerk of the district court must be delinquent before the
  3 13 judicial department may assign the debt to the department of
  3 14 revenue and finance for collection.
  3 15    The bill provides that the court can order a law
  3 16 enforcement agency or county attorney to assist the court in
  3 17 registering a person who is required to register with the sex
  3 18 offender registry.
  3 19    The bill also provides that the state court administrator
  3 20 shall enter deferred judgments in a deferred judgment docket
  3 21 and that the information in the docket shall be available to
  3 22 clerks of the district court.  
  3 23 LSB 1330DP 77
  3 24 ec/sc/14 
     

Text: HSB00184                          Text: HSB00186
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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