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House File 631

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 602.6201, subsections 5 and 6, Code
  1  2 2003, are amended to read as follows:
  1  3    5.  In those judicial election districts having more
  1  4 district judges than the number of judgeships specified by the
  1  5 formula in subsection 3, vacancies shall not be filled If a
  1  6 vacancy in a judgeship occurs, the judgeship shall be
  1  7 apportioned to the judicial election district having the
  1  8 greatest percentage of need between authorized judgeships and
  1  9 judgeships specified by the formula in subsection 3, as
  1 10 calculated by the state court administrator.  If two or more
  1 11 judicial election districts have an equal percentage of need
  1 12 between authorized judgeships and judgeships specified by the
  1 13 formula, the judgeship shall be apportioned by the state court
  1 14 administrator.  However, an apportionment under this section
  1 15 shall not occur if the results of the apportionment would
  1 16 cause the judicial election district in which the vacancy
  1 17 occurs to have a greater percentage of need between authorized
  1 18 judgeships and judgeships specified under the formula as
  1 19 calculated by the state court administrator, than would the
  1 20 judicial election district which would receive the apportioned
  1 21 judgeship.
  1 22    6.  In those judicial election districts having fewer or
  1 23 the same number of district judges as the number of judgeships
  1 24 specified by the formula in subsection 3, vacancies in the
  1 25 number of district judges shall be filled as they occur.
  1 26 Notwithstanding any other provision of the Code to the
  1 27 contrary, if the chief justice of the supreme court determines
  1 28 an inequity exists in the allocation of judgeships and
  1 29 judicial workload between judicial election districts, the
  1 30 chief justice may authorize a voluntary permanent transfer of
  1 31 a district judge from one judicial election district to
  1 32 another.  The chief justice shall notify all eligible district
  1 33 judges of the intent to authorize a voluntary permanent
  1 34 transfer and the terms of such a transfer.  The chief justice
  1 35 may transfer a district judge who consents to the transfer
  2  1 within six months of the notification.  The transfer of a
  2  2 district judge shall take effect within sixty days of the
  2  3 official announcement of the transfer by the chief justice.  A
  2  4 district judge transferred pursuant to this subsection shall
  2  5 have six months from the date of the announcement of the
  2  6 transfer to establish residency in the judicial election
  2  7 district where the district judge is transferred.  A district
  2  8 judge who has been transferred shall stand for retention in
  2  9 the judicial election district to which the district judge has
  2 10 been transferred as provided in chapter 46.  For purposes of
  2 11 subsection 3, the judgeship shall be apportioned to the
  2 12 judicial election district where the judge is transferred.  A
  2 13 voluntary transfer pursuant to this subsection shall not cause
  2 14 a vacancy of a judgeship in the judicial election district
  2 15 from which the district judge was transferred.  A transfer
  2 16 under this section shall not occur if the results of the
  2 17 transfer would cause the judicial election district from which
  2 18 the district judge would be transferred to have a greater
  2 19 percentage of need between authorized judgeships and
  2 20 judgeships specified under the formula as calculated by the
  2 21 state court administrator, than would the judicial election
  2 22 district to which the district judge would be transferred.
  2 23    Sec. 2.  Section 602.6201, subsection 7, Code 2003, is
  2 24 amended by striking the subsection.
  2 25    Sec. 3.  Section 602.6201, subsection 8, Code 2003, is
  2 26 amended to read as follows:
  2 27    8.  Vacancies shall not be filled in a judicial election
  2 28 district which becomes entitled to fewer judgeships under
  2 29 subsection 3, but an An incumbent district judge shall not be
  2 30 removed from office because of a reduction in the number of
  2 31 authorized judgeships.  
  2 32 HF 631
  2 33 jm/es/25
     

Text: HF00630                           Text: HF00632
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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