Text: SSB02173                          Text: SSB02175
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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 2174

Bill Text

PAG LIN
  1  1    Section 1.  Section 602.4101, subsection 1, Code 1997, is
  1  2 amended to read as follows:
  1  3    1.  The supreme court consists of nine seven justices.  A
  1  4 majority of the justices sitting constitutes a quorum, but
  1  5 less fewer than three justices is not a quorum.
  1  6    Sec. 2.  Section 602.4304, Code 1997, is amended to read as
  1  7 follows:
  1  8    602.4304  SUPREME COURT STAFF.
  1  9    1.  The supreme court may appoint not more than nine
  1 10 attorneys or graduates of a reputable law school to act as
  1 11 legal assistants to the justices of the supreme court.
  1 12    2.  The supreme court may employ other professional and
  1 13 clerical staff as necessary to accomplish the judicial duties
  1 14 of the court.
  1 15    Sec. 3.  Section 602.5102, subsection 1, Code 1997, is
  1 16 amended to read as follows:
  1 17    1.  The court of appeals consists of six nine judges; three
  1 18 judges of the court of appeals constitute a quorum.
  1 19    Sec. 4.  Section 602.5203, Code Supplement 1997, is amended
  1 20 to read as follows:
  1 21    602.5203  LAW CLERKS.
  1 22    The court of appeals may employ attorneys or graduates of a
  1 23 reputable law school to act as legal assistants to
  1 24 professional and clerical staff as necessary to accomplish the
  1 25 judicial duties of the court.
  1 26    Sec. 5.  TRANSITION TO SEVEN-MEMBER SUPREME COURT.
  1 27 Notwithstanding section 602.4101, the supreme court shall
  1 28 consist of eight or nine justices until the number of justices
  1 29 is reduced to seven, by attrition, commencing with any vacancy
  1 30 in the supreme court occurring on or after July 1, 1999.  For
  1 31 purposes of this subsection, "vacancy" means death,
  1 32 resignation, removal, failure to file a declaration of
  1 33 candidacy pursuant to section 46.20, or failure to be retained
  1 34 in office pursuant to a judicial election, of a justice on the
  1 35 supreme court.
  2  1    Sec. 6. CONTINGENT EFFECTIVE DATE.  This Act takes effect
  2  2 on July 1, 1999, if an appropriation to the judicial
  2  3 department for the fiscal year beginning July 1, 1999,
  2  4 provides for the authorization and funding of nine judges of
  2  5 the court of appeals.  
  2  6                           EXPLANATION
  2  7    This bill provides that the number of court of appeals
  2  8 judges shall be increased from six to nine effective July 1,
  2  9 1999.  The bill further provides that the number of supreme
  2 10 court justices shall be reduced from nine to seven justices
  2 11 through attrition for justices leaving the supreme court due
  2 12 to death, resignation, removal, or failure to seek or win a
  2 13 retention election, on or after July 1, 1999.  The bill
  2 14 eliminates specific provisions governing the employment of
  2 15 legal assistants for both the supreme court and the court of
  2 16 appeals but provides that both courts can employ professional
  2 17 and clerical staff to perform their duties.
  2 18    The bill takes effect July 1, 1999, but only if money is
  2 19 appropriated for the fiscal year beginning July 1, 1999, to
  2 20 employ the three additional court of appeals judges provided
  2 21 by this bill.  
  2 22 LSB 4327SC 77
  2 23 ec/jl/8
     

Text: SSB02173                          Text: SSB02175
Text: SSB02100 - SSB02199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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