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PAG LIN 1 1 SENATE FILE 2235 1 2 1 3 AN ACT 1 4 CONCERNING JUDICIAL ADMINISTRATION AND PROVIDING AN EFFECTIVE 1 5 DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 2B.5, subsection 2, Code 1997, is 1 10 amended to read as follows: 1 11 2. Cause the Iowa court rules to be published, as directed 1 12 by the supreme court after consultation with the legislative 1 13 council. The Iowa court rules shall consist of all rules 1 14 prescribed by the supreme court. The court rules shall be 1 15 published in loose-leaf form,appropriately indexed,and 1 16 supplements shall be prepared and distributed as directed by 1 17 the supreme court. The Iowa court rules and supplements to 1 18 the court rules shall be priced as provided in section 7A.22. 1 19 Sec. 2. Section 2B.10, subsection 3, Code 1997, is amended 1 20 by striking the subsection. 1 21 Sec. 3. Section 235A.15, subsection 2, paragraph d, 1 22 subparagraph (5), Code Supplement 1997, is amended to read as 1 23 follows: 1 24 (5) To a probation or parole officer, juvenile court 1 25 officer, court-appointed special advocate as defined in 1 26 section 232.2, or adult correctional officer having custody or 1 27 supervision of, or conducting an investigation for a court or 1 28 the board of parole regarding, a person named in a report as a 1 29 victim of child abuse or as having abused a child. 1 30 Sec. 4. Section 421.17, subsection 29, paragraph g, Code 1 31 Supplement 1997, is amended by adding the following new 1 32 unnumbered paragraph: 1 33 NEW UNNUMBERED PARAGRAPH. However, upon submission of an 1 34 allegation of the liability of a person which is owing and 1 35 payable to the clerk of the district court and upon the 2 1 determination by the department that the person allegedly 2 2 liable is entitled to payment from a state agency, the 2 3 department shall send written notification to the person which 2 4 states the assertion by the clerk of the district court of 2 5 rights to all or a portion of the payment, the clerk's 2 6 entitlement to recover the liability through the setoff 2 7 procedure, the basis of the assertions, the person's 2 8 opportunity to request within fifteen days of the mailing of 2 9 the notice that the department divide a jointly or commonly 2 10 owned right to payment between owners, the opportunity to 2 11 contest the liability to the clerk by written application to 2 12 the clerk within fifteen days of the mailing of the notice, 2 13 and the person's opportunity to contest the department's 2 14 setoff procedure. 2 15 Sec. 5. Section 421.17, subsection 29, paragraph i, Code 2 16 Supplement 1997, is amended to read as follows: 2 17 i. The department shall, after the state agency has sent 2 18 notice to the person liable or, if the liability is owing and 2 19 payable to the clerk of the district court, the department has 2 20 sent notice to the person liable, set off the amount owed to 2 21 the agency against any amount which a state agency owes that 2 22 person. The department shall refund any balance of the amount 2 23 to the person. The department shall periodically transfer 2 24 amounts set off to the state agencies entitled to them. If a 2 25 person liable to a state agency gives written notice of intent 2 26 to contest an allegation, a state agency shall hold a refund 2 27 or rebate until final disposition of the allegation. Upon 2 28 completion of the setoff, a state agency shall notify in 2 29 writing the person who was liable or, if the liability is 2 30 owing and payable to the clerk of the district court, shall 2 31 comply with the procedures as provided in paragraph "k". 2 32 Sec. 6. Section 421.17, subsection 29, Code Supplement 2 33 1997, is amended by adding the following new paragraph: 2 34 NEW PARAGRAPH. k. If the alleged liability is owing and 2 35 payable to the clerk of the district court and setoff as 3 1 provided in this subsection is sought, all of the following 3 2 shall apply: 3 3 (1) The judicial department shall prescribe procedures to 3 4 permit a person to contest the amount of the person's 3 5 liability to the clerk of the district court. 3 6 (2) The department shall, except for the procedures 3 7 described in subparagraph (1), prescribe any other applicable 3 8 procedures concerning setoff as provided in this subsection. 3 9 (3) Upon completion of the setoff, the department shall 3 10 file, at least monthly, with the clerk of the district court a 3 11 notice of satisfaction of each obligation to the full extent 3 12 of all moneys collected in satisfaction of the obligation. 3 13 The clerk shall record the notice and enter a satisfaction for 3 14 the amounts collected and no separate written notice is 3 15 required. 3 16 Sec. 7. Section 602.4102, subsections 3 and 5, Code 1997, 3 17 are amended to read as follows: 3 18 3. The supreme court shall prescribe rules for the 3 19 transfer of matters to the court of appeals. These rules may 3 20 provide for the selective transfer of individual cases and may 3 21 provide for the transfer of cases according to subject matter 3 22 or other general criteria.Rules relating to the transfer of3 23cases are subject to section 602.4202.A rule shall not 3 24 provide for the transfer of a matter other than by an order of 3 25 transfer under subsection 2. 3 26 5. The supreme court shall prescribe rules of appellate 3 27 procedure which shall govern further review by the supreme 3 28 court of decisions of the court of appeals. These rules shall 3 29 contain, but need not be limited to, a specification of the 3 30 grounds upon which further review may, in the discretion of 3 31 the supreme court, be granted.These rules are subject to3 32section 602.4202.3 33 Sec. 8. Section 602.4201, Code 1997, is amended to read as 3 34 follows: 3 35 602.4201 RULES GOVERNING ACTIONS AND PROCEEDINGS. 4 1 1. The supreme court may prescribe all rules of pleading, 4 2 practice, evidence, and procedure, and the forms of process, 4 3 writs, and notices, for all proceedings in all courts of this 4 4 state, for the purposes of simplifying the proceedings and 4 5 promoting the speedy determination of litigation upon its 4 6 merits.Rules are subject to section 602.4202.4 7 2. Rules of appellate procedure relating to appeals to and 4 8 review by the supreme court, discretionary review by the 4 9 courts of small claims actions, review by the supreme court by 4 10 writ of certiorari to inferior courts, appeal to or review by 4 11 the court of appeals of a matter transferred to that court by 4 12 the supreme court, and further review by the supreme court of 4 13 decisions of the court of appeals, shall be known as "Rules of 4 14 Appellate Procedure", and shall be published as provided in 4 15 section 2B.5. 4 16 3. The following rules are subject to section 602.4202: 4 17 a. Rules of civil procedure. 4 18 b. Rules of criminal procedure. 4 19 c. Rules of evidence. 4 20 d. Rules of appellate procedure 1 through 9. 4 21 e. Rules of probate procedure. 4 22 f. Juvenile procedure. 4 23 g. Involuntary hospitalization of mentally ill. 4 24 h. Involuntary commitment or treatment of substance 4 25 abusers. 4 26 Sec. 9. Section 602.4202, Code 1997, is amended to read as 4 27 follows: 4 28 602.4202 RULEMAKING PROCEDURE. 4 29 1. The supreme court shall submit a rule or form 4 30 prescribed by the supreme court under section 602.4201, 4 31 subsection 3, or pursuant to any other rulemaking authority 4 32 specifically made subject to this section to the legislative 4 33 council and shall at the same time report the rule or form to 4 34 the chairpersons and ranking members of the senate and house 4 35 committees on judiciary. The legislative service bureau shall 5 1 make recommendations to the supreme court on the proper style 5 2 and format of rules and forms required to be submitted to the 5 3 legislative council under this subsection. 5 4 2. A rule or form submitted as required under subsection 1 5 5 takes effect sixty days after submission to the legislative 5 6 council, or at a later date specified by the supreme court, 5 7 unless the legislative council, within sixty days after 5 8 submission and by a majority vote of its members, delays the 5 9 effective date of the rule or form to a date as provided in 5 10 subsection 3. 5 11 3. The effective date of a rule or form submitted during 5 12 the period of time beginning February 15 and ending February 5 13 14 of the next calendar year may be delayed by the legislative 5 14 council until May 1 of that next calendar year. 5 154. A rule or form submitted as required under subsection 15 16and effective on or before July 1 shall be bound with the Acts5 17of the general assembly meeting in regular session in the5 18calendar year in which the July 1 falls.5 195.4. If the general assembly enacts a bill changing a 5 20 rule or form, the general assembly's enactment supersedes a 5 21 conflicting provision in the rule or form as submitted by the 5 22 supreme court. 5 23 Sec. 10. Section 602.4303, subsection 2, Code 1997, is 5 24 amended by striking the subsection. 5 25 Sec. 11. Section 602.4304, subsection 1, Code 1997, is 5 26 amended to read as follows: 5 27 1. The supreme court may appointnot more than nine5 28 attorneys or graduates of a reputable law school to act as 5 29 legal assistants to the justices of the supreme court. 5 30 Sec. 12. Section 602.6301, Code 1997, is amended to read 5 31 as follows: 5 32 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 5 33 JUDGES. 5 34 There shall be one district associate judge in counties 5 35 having a population, according to the most recent federal6 1decennial census,of more than thirty-five thousand and less 6 2 than eighty thousand; two in counties having a population of 6 3 eighty thousand or more and less than one hundred twenty-five 6 4 thousand; three in counties having a population of one hundred 6 5 twenty-five thousand or more and less than two hundred 6 6 thousand; four in counties having a population of two hundred 6 7 thousand or more and less than two hundred thirty-five 6 8 thousand; five in counties having a population of two hundred 6 9 thirty-five thousand or more and less than two hundred seventy 6 10 thousand; six in counties having a population of two hundred 6 11 seventy thousand or more and less than three hundred five 6 12 thousand; and seven in counties having a population of three 6 13 hundred five thousand or more. However, a county shall not 6 14 lose a district associate judgeship solely because of a 6 15 reduction in the county's population. If the formula provided 6 16 in this section results in the allocation of an additional 6 17 district associate judgeship to a county, implementation of 6 18 the allocation shall be subject to prior approval of the 6 19 supreme court and availability of funds to the judicial 6 20 department. A district associate judge appointed pursuant to 6 21 section 602.6302 or 602.6303 shall not be counted for purposes 6 22 of this section. 6 23 Sec. 13. Section 602.6304, Code 1997, is amended by adding 6 24 the following new subsection: 6 25 NEW SUBSECTION. 2A. A district associate judge who seeks 6 26 to resign from the office of district associate judge shall 6 27 notify in writing the chief judge of the judicial district as 6 28 to the district associate judge's intention to resign and the 6 29 effective date of the resignation. The chief judge of the 6 30 judicial district, upon receipt of the notice, shall notify 6 31 the county magistrate appointing commission and the state 6 32 court administrator of the actual or impending vacancy in the 6 33 office of district associate judge due to resignation. 6 34 Sec. 14. Section 602.6403, subsection 1, Code 1997, is 6 35 amended to read as follows: 7 1 1.InBy June 1 of each year in which magistrates' terms 7 2 expire, the county magistrate appointing commission shall 7 3 appoint, except as otherwise provided in section 602.6302, the 7 4 number of magistrates apportioned to the county by the state 7 5 court administrator under section 602.6401, and may appoint an 7 6 additional magistrate when allowed by section 602.6402. The 7 7 commission shall not appoint more magistrates than are 7 8 authorized for the county by this article. 7 9 Sec. 15. Section 602.6403, Code 1997, is amended by adding 7 10 the following new subsection: 7 11 NEW SUBSECTION. 2A. A magistrate who seeks to resign from 7 12 the office of magistrate shall notify in writing the chief 7 13 judge of the judicial district as to the magistrate's 7 14 intention to resign and the effective date of the resignation. 7 15 The chief judge of the judicial district, upon receipt of the 7 16 notice, shall notify the county magistrate appointing 7 17 commission and the state court administrator of the vacancy in 7 18 the office of magistrate due to resignation. 7 19 Sec. 16. Section 602.8102, Code Supplement 1997, is 7 20 amended by adding the following new subsection: 7 21 NEW SUBSECTION. 126A. Upon the failure of a person 7 22 charged to appear in person or by counsel to defend against 7 23 the offense charged pursuant to a uniform citation and 7 24 complaint as provided in section 805.6, enter a conviction and 7 25 render a judgment in the amount of the appearance bond in 7 26 satisfaction of the penalty plus court costs. 7 27 Sec. 17. Section 684A.6, Code 1997, is amended to read as 7 28 follows: 7 29 684A.6 PROCEDURE. 7 30 The supreme court may prescribe rules of procedure 7 31 concerning the answering and certification of questions of law 7 32 under this chapter, subject to section 602.4202. 7 33 Sec. 18. Section 804.21, subsection 3, Code 1997, is 7 34 amended to read as follows: 7 35 3. If the magistrate who issued the warrant is absent or 8 1 unable to act, the arrested person shall be taken to the 8 2 nearest or most accessible magistrate in the judicial district 8 3 where the offense occurred or a magistrate in an approved 8 4 judicial district, and all documents on which the warrant was 8 5 issued must be sent to such magistrate, or if they cannot be 8 6 procured, the informant and the informant's witnesses must be 8 7 subpoenaed to make new affidavits. For purposes of this 8 8 subsection, an "approved judicial district" means, as to any 8 9 particular arrest of a person described in this subsection, 8 10 any judicial district in this state in which the chief judge 8 11 of that judicial district and the chief judge of the judicial 8 12 district in which the offense occurred have previously entered 8 13 an order permitting a person arrested or described in this 8 14 subsection to be taken to a magistrate from any judicial 8 15 district subject to the order. 8 16 Sec. 19. Section 804.22, unnumbered paragraph 1, Code 8 17 1997, is amended to read as follows: 8 18 When an arrest is made without a warrant, the person 8 19 arrested shall, without unnecessary delay, be taken before the 8 20 nearest or most accessible magistrate in the judicial district 8 21 in which such arrest was made or before a magistrate in an 8 22 approved judicial district, and the grounds on which the 8 23 arrest was made shall be stated to the magistrate by 8 24 complaint, subscribed and sworn to by the complainant, or 8 25 supported by the complainant's affirmation, and such 8 26 magistrate shall proceed as follows: 8 27 Sec. 20. Section 804.22, Code 1997, is amended by adding 8 28 the following new unnumbered paragraph: 8 29 NEW UNNUMBERED PARAGRAPH. For purposes of this section, an 8 30 "approved judicial district" means, as to any particular 8 31 arrest of a person made without a warrant, any judicial 8 32 district in this state in which the chief judge of that 8 33 judicial district and the chief judge of the judicial district 8 34 in which the arrest was made have previously entered an order 8 35 permitting a person arrested without warrant to be taken to a 9 1 magistrate from any judicial district subject to the order. 9 2 Sec. 21. Sections 1, 2, 7, 8, 9, 10, and 17 of this Act, 9 3 being deemed of immediate importance, take effect upon 9 4 enactment. 9 5 9 6 9 7 9 8 MARY E. KRAMER 9 9 President of the Senate 9 10 9 11 9 12 9 13 RON J. CORBETT 9 14 Speaker of the House 9 15 9 16 I hereby certify that this bill originated in the Senate and 9 17 is known as Senate File 2235, Seventy-seventh General Assembly. 9 18 9 19 9 20 9 21 MARY PAT GUNDERSON 9 22 Secretary of the Senate 9 23 Approved , 1998 9 24 9 25 9 26 9 27 TERRY E. BRANSTAD 9 28 Governor
Text: SF02234 Text: SF02236 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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