Text: HF00646 Text: HF00648 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 647 1 2 1 3 AN ACT 1 4 RELATING TO JUDGES, CONCERNING ASSOCIATE JUVENILE JUDGES, AND 1 5 ASSOCIATE PROBATE JUDGES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 46.16, Code 1999, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 3. Subject to removal for cause, the 1 12 initial term of office of a full-time associate juvenile judge 1 13 or a full-time associate probate judge shall be for one year 1 14 after appointment and until January 1 following the next 1 15 judicial election after expiration of such year, and the 1 16 regular term of office of a full-time associate juvenile judge 1 17 or a full-time associate probate judge retained at a judicial 1 18 election shall be four years from the expiration of the 1 19 initial or previous regular term, as the case may be. 1 20 Sec. 2. Section 46.20, Code 1999, is amended to read as 1 21 follows: 1 22 46.20 DECLARATION OF CANDIDACY. 1 23 At least one hundred four days before the judicial election 1 24 preceding expiration of the initial or regular term of office, 1 25 a judge of the supreme court, court of appeals, or district 1 26 court including district associate judges, full-time associate 1 27 juvenile judges, or full-time associate probate judges, or a 1 28 clerk of the district court who is required to stand for 1 29 retention under section 602.1216 may file a declaration of 1 30 candidacy with the state commissioner of elections to stand 1 31 for retention or rejection at that election. If a judge or 1 32 clerk fails to file the declaration, the office shall be 1 33 vacant at the end of the term. District associate judges, 1 34 full-time associate juvenile judges, and full-time associate 1 35 probate judges filing the declaration shall stand for 2 1 retention in the judicial election district of their 2 2 residence. 2 3 Sec. 3. Section 46.21, Code 1999, is amended to read as 2 4 follows: 2 5 46.21 CONDUCT OF ELECTIONS. 2 6 At least sixty-nine days before each judicial election, the 2 7 state commissioner of elections shall certify to the county 2 8 commissioner of elections of each county a list of the judges 2 9 of the supreme court, court of appeals, and district court 2 10 including district associate judges, full-time associate 2 11 juvenile judges, and full-time associate probate judges, and 2 12 clerks of the district court to be voted on in each county at 2 13 that election. The county commissioner of elections shall 2 14 place the names upon the ballot in the order in which they 2 15 appear in the certificate, unless only one county is voting 2 16 thereon. The state commissioner of elections shall rotate the 2 17 names in the certificate by county, or the county commissioner 2 18 of elections shall rotate them upon the ballot by precinct if 2 19 only one county is voting thereon. The names of all judges 2 20 and clerks to be voted on shall be placed upon one ballot, 2 21 which shall be in substantially the following form: 2 22 STATE OF IOWA 2 23 JUDICIAL BALLOT 2 24 (Date) 2 25 VOTE ON ALL NAMES BY PLACING AN X IN THE APPROPRIATE BOX 2 26 AFTER EACH NAME. 2 27 SUPREME COURT 2 28 Shall the following judges of the Supreme Court be retained 2 29 in office? 2 30 CANDIDATE'S NAME YES NO 2 31 CANDIDATE'S NAME YES NO 2 32 COURT OF APPEALS 2 33 Shall the following judges of the Court of Appeals be 2 34 retained in office? 2 35 CANDIDATE'S NAME YES NO 3 1 CANDIDATE'S NAME YES NO 3 2 DISTRICT COURT 3 3 Shall the following judge,orassociate judge, associate 3 4 juvenile judge, or associate probate judge of the District 3 5 Court be retained in office? 3 6 CANDIDATE'S NAME YES NO 3 7 Shall the following clerk of the District Court be retained 3 8 in office? 3 9 CANDIDATE'S NAME YES NO 3 10 Sec. 4. Section 46.24, unnumbered paragraph 1, Code 1999, 3 11 is amended to read as follows: 3 12 A judge of the supreme court, court of appeals, or district 3 13 court including a district associate judge, full-time 3 14 associate juvenile judge, or full-time associate probate 3 15 judge, or a clerk of the district court must receive more 3 16 affirmative than negative votes to be retained in office. 3 17 When the poll is closed, the election judges shall publicly 3 18 canvass the vote forthwith. The board of supervisors shall 3 19 canvass the returns on the Monday or Tuesday after the 3 20 election, and shall promptly certify the number of affirmative 3 21 and negative votes on each judge or clerk to the state 3 22 commissioner of elections. 3 23 Sec. 5. Section 602.1501, Code 1999, is amended by adding 3 24 the following new subsection: 3 25 NEW SUBSECTION. 4A. Full-time associate juvenile judges 3 26 and full-time associate probate judges shall receive the 3 27 salary set by the general assembly. 3 28 Sec. 6. Section 602.6104, subsection 1, Code 1999, is 3 29 amended to read as follows: 3 30 1. The jurisdiction of the Iowa district court shall be 3 31 exercised by district judges, district associate judges, 3 32 associate juvenile judges, associate probate judges, and 3 33 magistrates. 3 34 Sec. 7. Section 602.7103, Code 1999, is amended to read as 3 35 follows: 4 1 602.7103 ASSOCIATE JUVENILE JUDGE –PROCEDURE4 2 JURISDICTION – APPEALS. 4 31. The chief judge may appoint and may remove for cause4 4with due process an associate juvenile judge. The associate4 5juvenile judge shall be an attorney admitted to practice law4 6in this state, and shall be qualified for duties by training4 7and experience.4 82.1.TheAn associate juvenile judge shall have the same 4 9 jurisdiction to conduct juvenile court proceedings, to issue 4 10 warrants, nontestimonial identification orders, and contempt 4 11 arrest warrants for adults in juvenile court proceedings, and 4 12 to issue orders, findings, and decisions as the judge of the 4 13 juvenile court. However, the appointing judge may limit the 4 14 exercise of juvenile court jurisdiction by the associate 4 15 juvenile judge. 4 163.2. The parties to a proceeding heard by an associate 4 17 juvenile judge are entitled to appeal the order, finding, or 4 18 decision of an associate juvenile judge, in the manner of an 4 19 appeal from orders, findings, or decisions of district court 4 20 judges. An appeal does not automatically stay the order, 4 21 finding, or decision of an associate juvenile judge. 4 22 Sec. 8. NEW SECTION. 602.7103A PART-TIME ASSOCIATE 4 23 JUVENILE JUDGE – APPOINTMENT – REMOVAL – QUALIFICATIONS. 4 24 The chief judge may appoint and may remove for cause with 4 25 due process a part-time associate juvenile judge. The part- 4 26 time associate juvenile judge shall be an attorney admitted to 4 27 practice law in this state, and shall be qualified for duties 4 28 by training and experience. 4 29 Sec. 9. NEW SECTION. 602.7103B APPOINTMENT AND 4 30 RESIGNATION OF FULL-TIME ASSOCIATE JUVENILE JUDGES. 4 31 1. Full-time associate juvenile judges shall be appointed 4 32 by the district judges of the judicial election district from 4 33 persons nominated by the county magistrate appointing 4 34 commission. In the case of a full-time associate juvenile 4 35 judge to be appointed to more than one county, the appointment 5 1 shall be from persons nominated by the county magistrate 5 2 appointing commissions acting jointly and in the case of a 5 3 full-time associate juvenile judge to be appointed to more 5 4 than one judicial election district of the same judicial 5 5 district, the appointment shall be by a majority of the 5 6 district judges in each judicial election district. 5 7 2. In November of any year in which an impending vacancy 5 8 is created because a full-time associate juvenile judge is not 5 9 retained in office pursuant to a judicial election, the county 5 10 magistrate appointing commission shall publicize notice of the 5 11 vacancy in at least two publications in the official county 5 12 newspaper. The commission shall accept applications for 5 13 consideration for nomination as full-time associate juvenile 5 14 judge for a minimum of fifteen days prior to certifying 5 15 nominations. The commission shall consider the applications 5 16 and shall, by majority vote, certify to the chief judge of the 5 17 judicial district not later than December 15 of that year the 5 18 names of three applicants who are nominated by the commission 5 19 for the vacancy. If there are three or fewer applicants, the 5 20 commission shall certify all applicants who meet the statutory 5 21 qualifications. Nominees shall be chosen solely on the basis 5 22 of the qualifications of the applicants, and political 5 23 affiliation shall not be considered. 5 24 3. Within thirty days after a county magistrate appointing 5 25 commission receives notification of an actual or impending 5 26 vacancy in the office of full-time associate juvenile judge, 5 27 other than a vacancy referred to in subsection 2, the 5 28 commission shall certify to the chief judge of the judicial 5 29 district the names of three applicants who are nominated by 5 30 the commission for the vacancy. The commission shall 5 31 publicize notice of the vacancy in at least two publications 5 32 in the official county newspaper. The commission shall accept 5 33 applications for consideration for nomination as full-time 5 34 associate juvenile judge for a minimum of fifteen days prior 5 35 to certifying nominations. The commission shall consider the 6 1 applications and shall, by majority vote, certify to the chief 6 2 judge of the judicial district the names of three applicants 6 3 who are nominated by the commission for the vacancy. If there 6 4 are three or fewer applicants, the commission shall certify 6 5 all applicants who meet the statutory qualifications. 6 6 Nominees shall be chosen solely on the basis of the 6 7 qualifications of the applicants, and political affiliation 6 8 shall not be considered. As used in this subsection, a 6 9 vacancy is created by the death, retirement, resignation, or 6 10 removal of a full-time associate juvenile judge, or by an 6 11 increase in the number of positions authorized. 6 12 4. Within fifteen days after the chief judge of a judicial 6 13 district has received the list of nominees to fill a vacancy 6 14 in the office of full-time associate juvenile judge, the 6 15 district judges in the judicial election district shall, by 6 16 majority vote, appoint one of those nominees to fill the 6 17 vacancy. 6 18 5. A full-time associate juvenile judge who seeks to 6 19 resign from the office of district associate judge shall 6 20 notify in writing the chief judge of the judicial district as 6 21 to the full-time associate juvenile judge's intention to 6 22 resign and the effective date of the resignation. The chief 6 23 judge of the judicial district, upon receipt of the notice, 6 24 shall notify the county magistrate appointing commission and 6 25 the state court administrator of the actual or impending 6 26 vacancy in the office of full-time associate juvenile judge 6 27 due to resignation. 6 28 6. The supreme court may prescribe rules of procedure to 6 29 be used by county magistrate appointing commissions when 6 30 exercising the duties specified in this section. 6 31 Sec. 10. NEW SECTION. 602.7103C FULL-TIME ASSOCIATE 6 32 JUVENILE JUDGES – TERM, RETENTION, QUALIFICATIONS. 6 33 1. Full-time associate juvenile judges shall serve terms 6 34 and shall stand for retention in office within the judicial 6 35 election districts of their residences as provided under 7 1 sections 46.16 through 46.24. 7 2 2. A person does not qualify for appointment to the office 7 3 of full-time associate juvenile judge unless the person is at 7 4 the time of appointment a resident of the county in which the 7 5 vacancy exists, licensed to practice law in Iowa, and will be 7 6 able, measured by the person's age at the time of appointment, 7 7 to complete the initial term of office prior to reaching age 7 8 seventy-two. An applicant for full-time associate juvenile 7 9 judge shall file a certified application form, to be provided 7 10 by the supreme court, with the chairperson of the county 7 11 magistrate appointing commission. 7 12 3. A full-time associate juvenile judge must be a resident 7 13 of a county in which the office is held during the entire term 7 14 of office. A full-time associate juvenile judge shall serve 7 15 within the judicial district in which appointed, as directed 7 16 by the chief judge, and is subject to reassignment under 7 17 section 602.6108. 7 18 4. Full-time associate juvenile judges shall qualify for 7 19 office as provided in chapter 63 for district judges. 7 20 Sec. 11. Section 633.20, subsection 3, Code 1999, is 7 21 amended to read as follows: 7 22 3.The chief judge of a judicial district may appoint an7 23associate probate judge and may remove the associate probate7 24judge for cause following a hearing. The associate probate7 25judge shall be an attorney admitted to practice law in this7 26state and shall be qualified for the position by training and7 27experience. TheA person appointed as an associate probate 7 28 judge shall have jurisdiction to audit accounts of fiduciaries 7 29 and to perform ministerial duties and judicial functions as 7 30 the court prescribes. 7 31 Sec. 12. NEW SECTION. 633.20A PART-TIME ASSOCIATE 7 32 PROBATE JUDGE – APPOINTMENT – REMOVAL – QUALIFICATIONS. 7 33 The chief judge of a judicial district may appoint a part- 7 34 time associate probate judge and may remove the part-time 7 35 associate probate judge for cause following a hearing. The 8 1 associate probate judge shall be an attorney admitted to 8 2 practice law in this state and shall be qualified for the 8 3 position by training and experience. 8 4 Sec. 13. NEW SECTION. 633.20B APPOINTMENT AND 8 5 RESIGNATION OF FULL-TIME ASSOCIATE PROBATE JUDGES. 8 6 1. Full-time associate probate judges shall be appointed 8 7 by the district judges of the judicial election district from 8 8 persons nominated by the county magistrate appointing 8 9 commission. In the case of a full-time associate probate 8 10 judge to be appointed to more than one county, the appointment 8 11 shall be from persons nominated by the county magistrate 8 12 appointing commissions acting jointly and in the case of a 8 13 full-time associate probate judge to be appointed to more than 8 14 one judicial election district of the same judicial district, 8 15 the appointment shall be by a majority of the district judges 8 16 in each judicial election district. 8 17 2. In November of any year in which an impending vacancy 8 18 is created because a full-time associate probate judge is not 8 19 retained in office pursuant to a judicial election, the county 8 20 magistrate appointing commission shall publicize notice of the 8 21 vacancy in at least two publications in the official county 8 22 newspaper. The commission shall accept applications for 8 23 consideration for nomination as full-time associate probate 8 24 judge for a minimum of fifteen days prior to certifying 8 25 nominations. The commission shall consider the applications 8 26 and shall, by majority vote, certify to the chief judge of the 8 27 judicial district not later than December 15 of that year the 8 28 names of three applicants who are nominated by the commission 8 29 for the vacancy. If there are three or fewer applicants, the 8 30 commission shall certify all applicants who meet the statutory 8 31 qualifications. Nominees shall be chosen solely on the basis 8 32 of the qualifications of the applicants, and political 8 33 affiliation shall not be considered. 8 34 3. Within thirty days after a county magistrate appointing 8 35 commission receives notification of an actual or impending 9 1 vacancy in the office of full-time associate probate judge, 9 2 other than a vacancy referred to in subsection 2, the 9 3 commission shall certify to the chief judge of the judicial 9 4 district the names of three applicants who are nominated by 9 5 the commission for the vacancy. The commission shall 9 6 publicize notice of the vacancy in at least two publications 9 7 in the official county newspaper. The commission shall accept 9 8 applications for consideration for nomination as full-time 9 9 associate probate judge for a minimum of fifteen days prior to 9 10 certifying nominations. The commission shall consider the 9 11 applications and shall, by majority vote, certify to the chief 9 12 judge of the judicial district the names of three applicants 9 13 who are nominated by the commission for the vacancy. If there 9 14 are three or fewer applicants, the commission shall certify 9 15 all applicants who meet the statutory qualifications. 9 16 Nominees shall be chosen solely on the basis of the 9 17 qualifications of the applicants, and political affiliation 9 18 shall not be considered. As used in this subsection, a 9 19 vacancy is created by the death, retirement, resignation, or 9 20 removal of a full-time associate probate judge, or by an 9 21 increase in the number of positions authorized. 9 22 4. Within fifteen days after the chief judge of a judicial 9 23 district has received the list of nominees to fill a vacancy 9 24 in the office of full-time associate probate judge, the 9 25 district judges in the judicial election district shall, by 9 26 majority vote, appoint one of those nominees to fill the 9 27 vacancy. 9 28 5. A full-time associate probate judge who seeks to resign 9 29 from the office of district associate judge shall notify in 9 30 writing the chief judge of the judicial district as to the 9 31 full-time associate probate judge's intention to resign and 9 32 the effective date of the resignation. The chief judge of the 9 33 judicial district, upon receipt of the notice, shall notify 9 34 the county magistrate appointing commission and the state 9 35 court administrator of the actual or impending vacancy in the 10 1 office of full-time associate probate judge due to 10 2 resignation. 10 3 6. The supreme court may prescribe rules of procedure to 10 4 be used by county magistrate appointing commissions when 10 5 exercising the duties specified in this section. 10 6 Sec. 14. NEW SECTION. 633.20C FULL-TIME ASSOCIATE 10 7 PROBATE JUDGES – TERM, RETENTION, QUALIFICATIONS. 10 8 1. Full-time associate probate judges shall serve terms 10 9 and shall stand for retention in office within the judicial 10 10 election districts of their residences as provided under 10 11 sections 46.16 through 46.24. 10 12 2. A person does not qualify for appointment to the office 10 13 of full-time associate probate judge unless the person is at 10 14 the time of appointment a resident of the county in which the 10 15 vacancy exists, licensed to practice law in Iowa, and will be 10 16 able, measured by the person's age at the time of appointment, 10 17 to complete the initial term of office prior to reaching age 10 18 seventy-two. An applicant for full-time associate probate 10 19 judge shall file a certified application form, to be provided 10 20 by the supreme court, with the chairperson of the county 10 21 magistrate appointing commission. 10 22 3. A full-time associate probate judge must be a resident 10 23 of a county in which the office is held during the entire term 10 24 of office. A full-time associate probate judge shall serve 10 25 within the judicial district in which appointed, as directed 10 26 by the chief judge, and is subject to reassignment under 10 27 section 602.6108. 10 28 4. Full-time associate probate judges shall qualify for 10 29 office as provided in chapter 63 for district judges. 10 30 Sec. 15. FULL-TIME ASSOCIATE JUVENILE AND FULL-TIME 10 31 ASSOCIATE PROBATE JUDGES AS OF JULY 1, 1999 – EXCEPTION – 10 32 RETENTION. Associate juvenile judges and associate probate 10 33 judges serving full-time as of July 1, 1999, shall, 10 34 notwithstanding the provisions of sections 46.16, 602.7103B, 10 35 602.7103C, 633.20B, and 633.20C to the contrary, remain as 11 1 full-time associate judges and shall stand for retention in 11 2 office within the judicial election districts of their 11 3 residences at the judicial election in 2000 and every four 11 4 years thereafter, under sections 46.17 through 46.24. 11 5 11 6 11 7 11 8 RON J. CORBETT 11 9 Speaker of the House 11 10 11 11 11 12 11 13 MARY E. KRAMER 11 14 President of the Senate 11 15 11 16 I hereby certify that this bill originated in the House and 11 17 is known as House File 647, Seventy-eighth General Assembly. 11 18 11 19 11 20 11 21 ELIZABETH ISAACSON 11 22 Chief Clerk of the House 11 23 Approved , 1999 11 24 11 25 11 26 11 27 THOMAS J. VILSACK 11 28 Governor
Text: HF00646 Text: HF00648 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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