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Senate File 2235

Partial Bill History

Bill Text

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 of
  3 23 cases 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 to
  3 32 section 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 15    4.  A rule or form submitted as required under subsection 1
  5 16 and effective on or before July 1 shall be bound with the Acts
  5 17 of the general assembly meeting in regular session in the
  5 18 calendar year in which the July 1 falls.
  5 19    5. 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 appoint not more than nine
  5 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 federal
  6  1 decennial 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.  In By 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
     

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