Text: HSB00100 Text: HSB00102 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 46.16, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3. Subject to removal for cause, the 1 4 initial term of office of a full-time associate juvenile judge 1 5 or a full-time associate probate judge shall be for one year 1 6 after appointment and until January 1 following the next 1 7 judicial election after expiration of such year, and the 1 8 regular term of office of a full-time associate juvenile judge 1 9 or a full-time associate probate judge retained at a judicial 1 10 election shall be four years from the expiration of the 1 11 initial or previous regular term, as the case may be. 1 12 Sec. 2. Section 46.20, Code 1999, is amended to read as 1 13 follows: 1 14 46.20 DECLARATION OF CANDIDACY. 1 15 At least one hundred four days before the judicial election 1 16 preceding expiration of the initial or regular term of office, 1 17 a judge of the supreme court, court of appeals, or district 1 18 court including district associate judges, full-time associate 1 19 juvenile judges, or full-time associate probate judges, or a 1 20 clerk of the district court who is required to stand for 1 21 retention under section 602.1216 may file a declaration of 1 22 candidacy with the state commissioner of elections to stand 1 23 for retention or rejection at that election. If a judge or 1 24 clerk fails to file the declaration, the office shall be 1 25 vacant at the end of the term. District associate judges, 1 26 full-time associate juvenile judges, and full-time associate 1 27 probate judges filing the declaration shall stand for 1 28 retention in the judicial election district of their 1 29 residence. 1 30 Sec. 3. Section 46.21, Code 1999, is amended to read as 1 31 follows: 1 32 46.21 CONDUCT OF ELECTIONS. 1 33 At least sixty-nine days before each judicial election, the 1 34 state commissioner of elections shall certify to the county 1 35 commissioner of elections of each county a list of the judges 2 1 of the supreme court, court of appeals, and district court 2 2 including district associate judges, full-time associate 2 3 juvenile judges, and full-time associate probate judges, and 2 4 clerks of the district court to be voted on in each county at 2 5 that election. The county commissioner of elections shall 2 6 place the names upon the ballot in the order in which they 2 7 appear in the certificate, unless only one county is voting 2 8 thereon. The state commissioner of elections shall rotate the 2 9 names in the certificate by county, or the county commissioner 2 10 of elections shall rotate them upon the ballot by precinct if 2 11 only one county is voting thereon. The names of all judges 2 12 and clerks to be voted on shall be placed upon one ballot, 2 13 which shall be in substantially the following form: 2 14 STATE OF IOWA 2 15 JUDICIAL BALLOT 2 16 (Date) 2 17 VOTE ON ALL NAMES BY PLACING AN X IN THE APPROPRIATE BOX 2 18 AFTER EACH NAME. 2 19 SUPREME COURT 2 20 Shall the following judges of the Supreme Court be retained 2 21 in office? 2 22 CANDIDATE'S NAME YES NO 2 23 CANDIDATE'S NAME YES NO 2 24 COURT OF APPEALS 2 25 Shall the following judges of the Court of Appeals be 2 26 retained in office? 2 27 CANDIDATE'S NAME YES NO 2 28 CANDIDATE'S NAME YES NO 2 29 DISTRICT COURT 2 30 Shall the following judge,orassociate judge, associate 2 31 juvenile judge, or associate probate judge of the District 2 32 Court be retained in office? 2 33 CANDIDATE'S NAME YES NO 2 34 Shall the following clerk of the District Court be retained 2 35 in office? 3 1 CANDIDATE'S NAME YES NO 3 2 Sec. 4. Section 46.24, unnumbered paragraph 1, Code 1999, 3 3 is amended to read as follows: 3 4 A judge of the supreme court, court of appeals, or district 3 5 court including a district associate judge, full-time 3 6 associate juvenile judge, or full-time associate probate 3 7 judge, or a clerk of the district court must receive more 3 8 affirmative than negative votes to be retained in office. 3 9 When the poll is closed, the election judges shall publicly 3 10 canvass the vote forthwith. The board of supervisors shall 3 11 canvass the returns on the Monday or Tuesday after the 3 12 election, and shall promptly certify the number of affirmative 3 13 and negative votes on each judge or clerk to the state 3 14 commissioner of elections. 3 15 Sec. 5. Section 509A.13A, subsection 1, paragraph b, 3 16 subparagraph (3), Code 1999, is amended to read as follows: 3 17 (3) The eligible retired state employee has received 3 18 retirement benefits under the retirement system established in 3 19 chapter 602, article 9, based upon either of the following:3 20(a) Meeting the requirements for receiving an annuity3 21which equals fifty percent of the basic annual salary which3 22the judge was receiving at the time that the judge became3 23separated from service, if the judge did not participate in3 24the senior judge program. 3 25(b) Meeting the requirements for receiving an annuity3 26which equals or exceeds fifty percent of the basic annual3 27salary which the judge was receiving at the time that the3 28judge separated from service prior to serving as a senior3 29judge.3 30 Sec. 6. Section 602.1501, Code 1999, is amended by adding 3 31 the following new subsection: 3 32 NEW SUBSECTION. 4A. Full-time associate juvenile judges 3 33 and full-time associate probate judges shall receive the 3 34 salary set by the general assembly. 3 35 Sec. 7. Section 602.6104, subsection 1, Code 1999, is 4 1 amended to read as follows: 4 2 1. The jurisdiction of the Iowa district court shall be 4 3 exercised by district judges, district associate judges, 4 4 associate juvenile judges, associate probate judges, and 4 5 magistrates. 4 6 Sec. 8. Section 602.7103, Code 1999, is amended to read as 4 7 follows: 4 8 602.7103 ASSOCIATE JUVENILE JUDGE –PROCEDURE4 9 JURISDICTION – APPEALS. 4 101. The chief judge may appoint and may remove for cause4 11with due process an associate juvenile judge. The associate4 12juvenile judge shall be an attorney admitted to practice law4 13in this state, and shall be qualified for duties by training4 14and experience.4 152.1.TheAn associate juvenile judge shall have the same 4 16 jurisdiction to conduct juvenile court proceedings, to issue 4 17 warrants, nontestimonial identification orders, and contempt 4 18 arrest warrants for adults in juvenile court proceedings, and 4 19 to issue orders, findings, and decisions as the judge of the 4 20 juvenile court. However, the appointing judge may limit the 4 21 exercise of juvenile court jurisdiction by the associate 4 22 juvenile judge. 4 233.2. The parties to a proceeding heard by an associate 4 24 juvenile judge are entitled to appeal the order, finding, or 4 25 decision of an associate juvenile judge, in the manner of an 4 26 appeal from orders, findings, or decisions of district court 4 27 judges. An appeal does not automatically stay the order, 4 28 finding, or decision of an associate juvenile judge. 4 29 Sec. 9. NEW SECTION. 602.7103A PART-TIME ASSOCIATE 4 30 JUVENILE JUDGE – APPOINTMENT – REMOVAL – QUALIFICATIONS. 4 31 The chief judge may appoint and may remove for cause with 4 32 due process a part-time associate juvenile judge. The part- 4 33 time associate juvenile judge shall be an attorney admitted to 4 34 practice law in this state, and shall be qualified for duties 4 35 by training and experience. 5 1 Sec. 10. NEW SECTION. 602.7103B APPOINTMENT AND 5 2 RESIGNATION OF FULL-TIME ASSOCIATE JUVENILE JUDGES. 5 3 1. Full-time associate juvenile judges shall be appointed 5 4 by the district judges of the judicial election district from 5 5 persons nominated by the county magistrate appointing 5 6 commission. In the case of a full-time associate juvenile 5 7 judge to be appointed to more than one county, the appointment 5 8 shall be from persons nominated by the county magistrate 5 9 appointing commissions acting jointly and in the case of a 5 10 full-time associate juvenile judge to be appointed to more 5 11 than one judicial election district of the same judicial 5 12 district, the appointment shall be by a majority of the 5 13 district judges in each judicial election district. 5 14 2. In November of any year in which an impending vacancy 5 15 is created because a full-time associate juvenile judge is not 5 16 retained in office pursuant to a judicial election, the county 5 17 magistrate appointing commission shall publicize notice of the 5 18 vacancy in at least two publications in the official county 5 19 newspaper. The commission shall accept applications for 5 20 consideration for nomination as full-time associate juvenile 5 21 judge for a minimum of fifteen days prior to certifying 5 22 nominations. The commission shall consider the applications 5 23 and shall, by majority vote, certify to the chief judge of the 5 24 judicial district not later than December 15 of that year the 5 25 names of three applicants who are nominated by the commission 5 26 for the vacancy. If there are three or fewer applicants, the 5 27 commission shall certify all applicants who meet the statutory 5 28 qualifications. Nominees shall be chosen solely on the basis 5 29 of the qualifications of the applicants, and political 5 30 affiliation shall not be considered. 5 31 3. Within thirty days after a county magistrate appointing 5 32 commission receives notification of an actual or impending 5 33 vacancy in the office of full-time associate juvenile judge, 5 34 other than a vacancy referred to in subsection 2, the 5 35 commission shall certify to the chief judge of the judicial 6 1 district the names of three applicants who are nominated by 6 2 the commission for the vacancy. The commission shall 6 3 publicize notice of the vacancy in at least two publications 6 4 in the official county newspaper. The commission shall accept 6 5 applications for consideration for nomination as full-time 6 6 associate juvenile judge for a minimum of fifteen days prior 6 7 to certifying nominations. The commission shall consider the 6 8 applications and shall, by majority vote, certify to the chief 6 9 judge of the judicial district the names of three applicants 6 10 who are nominated by the commission for the vacancy. If there 6 11 are three or fewer applicants, the commission shall certify 6 12 all applicants who meet the statutory qualifications. 6 13 Nominees shall be chosen solely on the basis of the 6 14 qualifications of the applicants, and political affiliation 6 15 shall not be considered. As used in this subsection, a 6 16 vacancy is created by the death, retirement, resignation, or 6 17 removal of a full-time associate juvenile judge, or by an 6 18 increase in the number of positions authorized. 6 19 4. Within fifteen days after the chief judge of a judicial 6 20 district has received the list of nominees to fill a vacancy 6 21 in the office of full-time associate juvenile judge, the 6 22 district judges in the judicial election district shall, by 6 23 majority vote, appoint one of those nominees to fill the 6 24 vacancy. 6 25 5. A full-time associate juvenile judge who seeks to 6 26 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 full-time associate juvenile judge's intention to 6 29 resign and the effective date of the resignation. The chief 6 30 judge of the judicial district, upon receipt of the notice, 6 31 shall notify the county magistrate appointing commission and 6 32 the state court administrator of the actual or impending 6 33 vacancy in the office of full-time associate juvenile judge 6 34 due to resignation. 6 35 6. The supreme court may prescribe rules of procedure to 7 1 be used by county magistrate appointing commissions when 7 2 exercising the duties specified in this section. 7 3 Sec. 11. NEW SECTION. 602.7103C FULL-TIME ASSOCIATE 7 4 JUVENILE JUDGES – TERM, RETENTION, QUALIFICATIONS. 7 5 1. Full-time associate juvenile judges shall serve terms 7 6 and shall stand for retention in office within the judicial 7 7 election districts of their residences as provided under 7 8 sections 46.16 through 46.24. 7 9 2. A person does not qualify for appointment to the office 7 10 of full-time associate juvenile judge unless the person is at 7 11 the time of appointment a resident of the county in which the 7 12 vacancy exists, licensed to practice law in Iowa, and will be 7 13 able, measured by the person's age at the time of appointment, 7 14 to complete the initial term of office prior to reaching age 7 15 seventy-two. An applicant for full-time associate juvenile 7 16 judge shall file a certified application form, to be provided 7 17 by the supreme court, with the chairperson of the county 7 18 magistrate appointing commission. 7 19 3. A full-time associate juvenile judge must be a resident 7 20 of a county in which the office is held during the entire term 7 21 of office. A full-time associate juvenile judge shall serve 7 22 within the judicial district in which appointed, as directed 7 23 by the chief judge, and is subject to reassignment under 7 24 section 602.6108. 7 25 4. Full-time associate juvenile judges shall qualify for 7 26 office as provided in chapter 63 for district judges. 7 27 Sec. 12. Section 633.20, subsection 3, Code 1999, is 7 28 amended to read as follows: 7 29 3.The chief judge of a judicial district may appoint an7 30associate probate judge and may remove the associate probate7 31judge for cause following a hearing. The associate probate7 32judge shall be an attorney admitted to practice law in this7 33state and shall be qualified for the position by training and7 34experience. TheA person appointed as an associate probate 7 35 judge shall have jurisdiction to audit accounts of fiduciaries 8 1 and to perform ministerial duties and judicial functions as 8 2 the court prescribes. 8 3 Sec. 13. NEW SECTION. 633.20A PART-TIME ASSOCIATE 8 4 PROBATE JUDGE – APPOINTMENT – REMOVAL – QUALIFICATIONS. 8 5 The chief judge of a judicial district may appoint a part- 8 6 time associate probate judge and may remove the part-time 8 7 associate probate judge for cause following a hearing. The 8 8 associate probate judge shall be an attorney admitted to 8 9 practice law in this state and shall be qualified for the 8 10 position by training and experience. 8 11 Sec. 14. NEW SECTION. 633.20B APPOINTMENT AND 8 12 RESIGNATION OF FULL-TIME ASSOCIATE PROBATE JUDGES. 8 13 1. Full-time associate probate judges shall be appointed 8 14 by the district judges of the judicial election district from 8 15 persons nominated by the county magistrate appointing 8 16 commission. In the case of a full-time associate probate 8 17 judge to be appointed to more than one county, the appointment 8 18 shall be from persons nominated by the county magistrate 8 19 appointing commissions acting jointly and in the case of a 8 20 full-time associate probate judge to be appointed to more than 8 21 one judicial election district of the same judicial district, 8 22 the appointment shall be by a majority of the district judges 8 23 in each judicial election district. 8 24 2. In November of any year in which an impending vacancy 8 25 is created because a full-time associate probate judge is not 8 26 retained in office pursuant to a judicial election, the county 8 27 magistrate appointing commission shall publicize notice of the 8 28 vacancy in at least two publications in the official county 8 29 newspaper. The commission shall accept applications for 8 30 consideration for nomination as full-time associate probate 8 31 judge for a minimum of fifteen days prior to certifying 8 32 nominations. The commission shall consider the applications 8 33 and shall, by majority vote, certify to the chief judge of the 8 34 judicial district not later than December 15 of that year the 8 35 names of three applicants who are nominated by the commission 9 1 for the vacancy. If there are three or fewer applicants, the 9 2 commission shall certify all applicants who meet the statutory 9 3 qualifications. Nominees shall be chosen solely on the basis 9 4 of the qualifications of the applicants, and political 9 5 affiliation shall not be considered. 9 6 3. Within thirty days after a county magistrate appointing 9 7 commission receives notification of an actual or impending 9 8 vacancy in the office of full-time associate probate judge, 9 9 other than a vacancy referred to in subsection 2, the 9 10 commission shall certify to the chief judge of the judicial 9 11 district the names of three applicants who are nominated by 9 12 the commission for the vacancy. The commission shall 9 13 publicize notice of the vacancy in at least two publications 9 14 in the official county newspaper. The commission shall accept 9 15 applications for consideration for nomination as full-time 9 16 associate probate judge for a minimum of fifteen days prior to 9 17 certifying nominations. The commission shall consider the 9 18 applications and shall, by majority vote, certify to the chief 9 19 judge of the judicial district the names of three applicants 9 20 who are nominated by the commission for the vacancy. If there 9 21 are three or fewer applicants, the commission shall certify 9 22 all applicants who meet the statutory qualifications. 9 23 Nominees shall be chosen solely on the basis of the 9 24 qualifications of the applicants, and political affiliation 9 25 shall not be considered. As used in this subsection, a 9 26 vacancy is created by the death, retirement, resignation, or 9 27 removal of a full-time associate probate judge, or by an 9 28 increase in the number of positions authorized. 9 29 4. Within fifteen days after the chief judge of a judicial 9 30 district has received the list of nominees to fill a vacancy 9 31 in the office of full-time associate probate judge, the 9 32 district judges in the judicial election district shall, by 9 33 majority vote, appoint one of those nominees to fill the 9 34 vacancy. 9 35 5. A full-time associate probate judge who seeks to resign 10 1 from the office of district associate judge shall notify in 10 2 writing the chief judge of the judicial district as to the 10 3 full-time associate probate judge's intention to resign and 10 4 the effective date of the resignation. The chief judge of the 10 5 judicial district, upon receipt of the notice, shall notify 10 6 the county magistrate appointing commission and the state 10 7 court administrator of the actual or impending vacancy in the 10 8 office of full-time associate probate judge due to 10 9 resignation. 10 10 6. The supreme court may prescribe rules of procedure to 10 11 be used by county magistrate appointing commissions when 10 12 exercising the duties specified in this section. 10 13 Sec. 15. NEW SECTION. 633.20C FULL-TIME ASSOCIATE 10 14 PROBATE JUDGES – TERM, RETENTION, QUALIFICATIONS. 10 15 1. Full-time associate probate judges shall serve terms 10 16 and shall stand for retention in office within the judicial 10 17 election districts of their residences as provided under 10 18 sections 46.16 through 46.24. 10 19 2. A person does not qualify for appointment to the office 10 20 of full-time associate probate judge unless the person is at 10 21 the time of appointment a resident of the county in which the 10 22 vacancy exists, licensed to practice law in Iowa, and will be 10 23 able, measured by the person's age at the time of appointment, 10 24 to complete the initial term of office prior to reaching age 10 25 seventy-two. An applicant for full-time associate probate 10 26 judge shall file a certified application form, to be provided 10 27 by the supreme court, with the chairperson of the county 10 28 magistrate appointing commission. 10 29 3. A full-time associate probate judge must be a resident 10 30 of a county in which the office is held during the entire term 10 31 of office. A full-time associate probate judge shall serve 10 32 within the judicial district in which appointed, as directed 10 33 by the chief judge, and is subject to reassignment under 10 34 section 602.6108. 10 35 4. Full-time associate probate judges shall qualify for 11 1 office as provided in chapter 63 for district judges. 11 2 Sec. 16. FULL-TIME ASSOCIATE JUVENILE AND FULL-TIME 11 3 ASSOCIATE PROBATE JUDGES AS OF JULY 1, 1999 – EXCEPTION – 11 4 RETENTION. Associate juvenile judges and associate probate 11 5 judges serving full-time as of July 1, 1999, shall, 11 6 notwithstanding the provisions of sections 46.16, 602.7103B, 11 7 602.7103C, 633.20B, and 633.20C to the contrary, remain as 11 8 full-time associate judges and shall stand for retention in 11 9 office within the judicial election districts of their 11 10 residences at the judicial election in 2000 and every four 11 11 years thereafter, under sections 46.17 through 46.24. 11 12 EXPLANATION 11 13 This bill deals primarily with the appointment, 11 14 qualifications, and retention of full-time associate juvenile 11 15 judges and full-time associate probate judges. In addition, 11 16 the bill modifies the provisions concerning the eligibility of 11 17 spouses of retired judges to health care insurance. 11 18 Code section 509A.13A, governing the eligibility of spouses 11 19 of certain retired state employees to a continuation of group 11 20 health insurance until age 65, is amended. Currently, only 11 21 spouses of retired judges who receive a retirement annuity of 11 22 at least 50 percent are eligible. The bill provides that so 11 23 long as the judge is receiving retirement benefits, regardless 11 24 of the percentage, the spouse is eligible to continue to 11 25 receive group health insurance coverage. 11 26 The remainder of the bill deals with associate juvenile 11 27 judges and associate probate judges. 11 28 Code chapter 46, governing the terms of and retention 11 29 elections of judges, is amended to include full-time associate 11 30 juvenile and probate judges. The amendments provide that 11 31 these judges shall be treated the same as district associate 11 32 judges in regard to terms in office and retention elections. 11 33 Code section 602.1501 is amended to provide that the salary 11 34 for full-time associate juvenile and probate judges shall be 11 35 set by the general assembly. 12 1 Code section 602.6104 is amended to provide that the 12 2 jurisdiction of the district court can be exercised by full- 12 3 time associate juvenile and probate judges. 12 4 New Code section 602.7103A retains the current law, found 12 5 in Code section 602.7103(1) governing the appointment, 12 6 qualifications, and removal of associate juvenile judges but 12 7 limits its application to part-time associate juvenile judges. 12 8 New Code section 602.7103B provides for the appointment and 12 9 resignation of full-time associate juvenile judges in the same 12 10 manner as district associate judges. The section provides 12 11 that the applicable district judges shall appoint a full-time 12 12 associate juvenile judge from nominees submitted to them by 12 13 the county magistrate appointing commission. New Code section 12 14 602.7103C provides for the qualifications of these judges and 12 15 establishes that they shall serve terms, and be subject to 12 16 retention elections, as provided in Code chapter 46. 12 17 New Code sections 633.20A, 633.20B, and 633.20C provide for 12 18 associate probate judges in the same manner as the bill 12 19 provides for associate juvenile judges. Code section 633.20A 12 20 provides for the appointment, qualifications, and removal of 12 21 part-time associate probate judges. Code sections 633.20B and 12 22 633.20C provide for the appointment, resignation, 12 23 qualifications, and terms of full-time associate probate 12 24 judges in the same manner as the bill provides for full-time 12 25 associate juvenile judges. 12 26 Section 16 of the bill provides that associate juvenile and 12 27 probate judges who are full-time as of July 1, 1999, can 12 28 remain in the position without going through the appointment 12 29 process established by the bill and further provides that they 12 30 shall be subject to a retention election in 2000 and every 12 31 four years thereafter. 12 32 LSB 1284DP 78 12 33 ec/cf/24
Text: HSB00100 Text: HSB00102 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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