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House File 694

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 694
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE JUDICIAL BRANCH INCLUDING BY ESTABLISHING A
  1  5    JUDICIAL DISTRICT AND JUDICIAL ELECTION DISTRICT REDISTRICT-
  1  6    ING PROCESS, MAKING CHANGES TO THE NOMINATION, APPOINTMENT,
  1  7    AND RETENTION OF JUDGES, EXPANDING MAGISTRATE COURTS, 
  1  8    ELIMINATING THE POSITION OF ALTERNATE DISTRICT ASSOCIATE
  1  9    JUDGE, PERMITTING DISTRICT JUDGESHIPS TO BE APPORTIONED OR
  1 10    TRANSFERRED TO ANOTHER JUDICIAL DISTRICT, REQUIRING THE
  1 11    COUNTY SHERIFF TO SERVE A SUMMONS IN CERTAIN DELINQUENCY
  1 12    PROCEEDINGS, ELIMINATING THE PARTICIPATION OF THE FOSTER
  1 13    CARE REVIEW BOARD IN VOLUNTARY FOSTER CARE PLACEMENTS,
  1 14    WAIVING THE FILING FEE AND COURT COSTS IN CERTAIN CONTEMPT
  1 15    ACTIONS, CHANGING THE DUTIES OF AND THE PROCEDURES RELATED TO
  1 16    THE CLERK OF THE DISTRICT COURT, PROVIDING THAT INTEREST ON A
  1 17    JUDGMENT BE CALCULATED UPON THE ONE YEAR TREASURY CONSTANT
  1 18    MATURITY PLUS TWO PERCENT, EXPANDING THE ACCESS OF THE
  1 19    DEFERRED JUDGMENT DOCKET, PROHIBITING REGIONAL LITIGATION
  1 20    CENTERS, MODIFYING THE SCHEDULE OF THE PROBATE COURT,
  1 21    PROVIDING FOR A FEE, AND PROVIDING FOR A STUDY.  
  1 22 
  1 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 24 
  1 25    Section 1.  Section 46.12, unnumbered paragraph 1, Code
  1 26 2003, is amended to read as follows:
  1 27    When a vacancy occurs or will occur within one hundred
  1 28 twenty days in the supreme court, the court of appeals, or
  1 29 district court, the state commissioner of elections shall
  1 30 forthwith so notify the chairperson of the proper judicial
  1 31 nominating commission, unless the chief justice has ordered
  1 32 the state commissioner of elections to delay sending the
  1 33 notification.  The chief justice may order the delay for up to
  1 34 one hundred eighty days for budgetary reasons.  The
  1 35 chairperson shall call a meeting of the commission within ten
  2  1 days after such notice; if the chairperson fails to do so, the
  2  2 chief justice shall call such meeting.
  2  3    Sec. 2.  Section 46.14, Code 2003, is amended to read as
  2  4 follows:
  2  5    46.14  NOMINATION.
  2  6    1.  Each judicial nominating commission shall carefully
  2  7 consider the individuals available for judge, and within sixty
  2  8 days after receiving notice of a vacancy shall certify to the
  2  9 governor and the chief justice the proper number of nominees,
  2 10 in alphabetical order.  Such nominees shall be chosen by the
  2 11 affirmative vote of a majority of the full statutory number of
  2 12 commissioners upon the basis of their qualifications and
  2 13 without regard to political affiliation.  Nominees shall be
  2 14 members of the bar of Iowa, shall be residents of the state or
  2 15 district of the court to which they are nominated, and shall
  2 16 be of such age that they will be able to serve an initial and
  2 17 one regular term of office to which they are nominated before
  2 18 reaching the age of seventy-two years.  Nominees for district
  2 19 judge shall file a certified application form, to be provided
  2 20 by the supreme court, with the chairperson of the district
  2 21 judicial nominating commission.  No person shall be eligible
  2 22 for nomination by a commission as judge during the term for
  2 23 which the person was elected or appointed to that commission.
  2 24 Absence of a commissioner or vacancy upon the commission shall
  2 25 not invalidate a nomination.  The chairperson of the
  2 26 commission shall promptly certify the names of the nominees,
  2 27 in alphabetical order, to the governor and the chief justice.
  2 28    2.  A commissioner shall not be eligible for nomination by
  2 29 the commission during the term for which the commissioner was
  2 30 elected or appointed to that commission.  A commissioner shall
  2 31 not be eligible to vote for the nomination of a family member,
  2 32 current law partner, or current business partner.  For
  2 33 purposes of this subsection, "family member" means a spouse,
  2 34 son, daughter, brother, sister, uncle, aunt, first cousin,
  2 35 nephew, niece, father-in-law, mother-in-law, son-in-law,
  3  1 daughter-in-law, brother-in-law, sister-in-law, father,
  3  2 mother, stepfather, stepmother, stepson, stepdaughter,
  3  3 stepbrother, stepsister, half brother, or half sister.
  3  4    Sec. 3.  Section 46.16, subsections 2 and 3, Code 2003, are
  3  5 amended to read as follows:
  3  6    2.  Subject to removal for cause, the initial term of
  3  7 office of a district associate judge shall be for one year
  3  8 after appointment and until January 1 following the next
  3  9 judicial election after expiration of such year, and the
  3 10 regular term of office of a district associate judge retained
  3 11 at a judicial election shall be four six years from the
  3 12 expiration of the initial or previous regular term, as the
  3 13 case may be.
  3 14    3.  Subject to removal for cause, the initial term of
  3 15 office of a full-time associate juvenile judge or a full-time
  3 16 associate probate judge shall be for one year after
  3 17 appointment and until January 1 following the next judicial
  3 18 election after expiration of such year, and the regular term
  3 19 of office of a full-time associate juvenile judge or a full-
  3 20 time associate probate judge retained at a judicial election
  3 21 shall be four six years from the expiration of the initial or
  3 22 previous regular term, as the case may be.
  3 23    Sec. 4.  Section 232.35, subsection 1, Code 2003, is
  3 24 amended to read as follows:
  3 25    1.  A formal judicial proceeding to determine whether a
  3 26 child has committed a delinquent act shall be initiated by the
  3 27 filing by the county attorney of a petition alleging that a
  3 28 child has committed a delinquent act.  After a petition has
  3 29 been filed, service of a summons requiring the child to appear
  3 30 before the court or service of a notice shall be made as
  3 31 provided in section 232.37.
  3 32    Sec. 5.  Section 232.37, subsection 4, Code 2003, is
  3 33 amended to read as follows:
  3 34    4.  Service of summons or notice shall be made personally
  3 35 by the sheriff by the delivery of delivering a copy of the
  4  1 summons or notice to the person being served.  If the court
  4  2 determines that personal service of a summons or notice is
  4  3 impracticable, the court may order service by certified mail
  4  4 addressed to the last known address.  Service of summons or
  4  5 notice shall be made not less than five days before the time
  4  6 fixed for hearing.  Service of summons, notice, subpoenas or
  4  7 other process, after an initial valid summons or notice, shall
  4  8 be made in accordance with the rules of the court governing
  4  9 such service in civil actions.
  4 10    Sec. 6.  Section 232.183, subsection 7, Code 2003, is
  4 11 amended by striking the subsection.
  4 12    Sec. 7.  Section 236.3, unnumbered paragraph 2, Code 2003,
  4 13 is amended to read as follows:
  4 14    The filing fee and court costs for an order for protection
  4 15 and in a contempt action under this chapter shall be waived
  4 16 for the plaintiff.  The clerk of court, the sheriff of any
  4 17 county in this state, and other law enforcement and
  4 18 corrections officers shall perform their duties relating to
  4 19 service of process without charge to the plaintiff.  When an
  4 20 order for protection is entered by the court, the court may
  4 21 direct the defendant to pay to the clerk of court the fees for
  4 22 the filing of the petition and reasonable costs of service of
  4 23 process if the court determines the defendant has the ability
  4 24 to pay the plaintiff's fees and costs.
  4 25    Sec. 8.  Section 237.20, unnumbered paragraph 1, Code 2003,
  4 26 is amended to read as follows:
  4 27    A local board shall, except in delinquency cases, do the
  4 28 following:
  4 29    Sec. 9.  Section 255.1, unnumbered paragraph 1, Code 2003,
  4 30 is amended to read as follows:
  4 31    Any adult resident of the state may file a complaint in the
  4 32 office of the clerk of any juvenile court, county general
  4 33 assistance director charging that any legal resident of Iowa
  4 34 residing in the county where the complaint is filed is
  4 35 pregnant or is suffering from some malady or deformity that
  5  1 can probably be improved or cured or advantageously treated by
  5  2 medical or surgical treatment or hospital care, and that
  5  3 neither such person nor persons legally chargeable with the
  5  4 person's support are able to pay therefor.
  5  5    Sec. 10.  Section 255.4, Code 2003, is amended to read as
  5  6 follows:
  5  7    255.4  EXAMINATION BY PHYSICIAN.
  5  8    Upon the filing of such complaint, the clerk shall number
  5  9 and index the same and county general assistance director
  5 10 shall appoint a competent physician and surgeon, living in the
  5 11 vicinity of the patient, who shall personally examine the
  5 12 patient with respect to said the pregnancy, malady, or
  5 13 deformity.  The clerk director may, after the expiration of
  5 14 five years from the filing of a complaint, destroy it the
  5 15 complaint and all papers or records in connection therewith
  5 16 with the complaint.
  5 17    Sec. 11.  Section 255.5, Code 2003, is amended to read as
  5 18 follows:
  5 19    255.5  REPORT BY PHYSICIAN.
  5 20    Such physician shall make a report in duplicate on blanks
  5 21 furnished as hereinafter provided in this chapter, answering
  5 22 the questions contained therein in the blanks and setting
  5 23 forth the information required thereby, giving such history of
  5 24 the case as will be likely to aid the medical or surgical
  5 25 treatment or hospital care of such patient, describing the
  5 26 pregnancy, deformity, or malady in detail, and stating whether
  5 27 or not in the physician's opinion the same pregnancy,
  5 28 deformity, or malady can probably be improved or cured or
  5 29 advantageously treated, which report shall be filed in the
  5 30 office of the clerk within such time as the clerk may fix
  5 31 county general assistance director.
  5 32    Sec. 12.  Section 255.6, Code 2003, is amended to read as
  5 33 follows:
  5 34    255.6  INVESTIGATION AND REPORT.
  5 35    When a complaint is filed, the clerk of juvenile court in
  6  1 the office of the county general assistance director, the
  6  2 director shall furnish the county attorney and board of
  6  3 supervisors with a copy and the board shall, by the general
  6  4 assistance director or other agent it selects, make a thorough
  6  5 investigation of facts as to the legal residence of the
  6  6 patient, and the ability of the patient or others chargeable
  6  7 with the patient's support to pay the expense of treatment and
  6  8 care; and shall file a report of the investigation in the
  6  9 office of the clerk, with the board at or before the time of
  6 10 hearing.
  6 11    Sec. 13.  Section 255.7, Code 2003, is amended to read as
  6 12 follows:
  6 13    255.7  NOTICE OF HEARING – DUTY OF COUNTY ATTORNEY.
  6 14    When the physician's report has been filed, the clerk
  6 15 county general assistance director shall, with the consent of
  6 16 the court or judge, fix set a time and place for hearing of on
  6 17 the matter by the court, and the county attorney shall cause
  6 18 such patient and the parent or parents, guardian, or person
  6 19 having the legal custody of said patient, if under legal
  6 20 disability, to be served with such notice of the time and
  6 21 place of the hearing as the judge or clerk director may
  6 22 prescribe.
  6 23    Sec. 14.  Section 255.8, Code 2003, is amended to read as
  6 24 follows:
  6 25    255.8  HEARING – ORDER – EMERGENCY CASES – CANCELLATION
  6 26 OF COMMITMENTS DETERMINATION BY BOARD OF SUPERVISORS.
  6 27    The county attorney and the general assistance director, or
  6 28 other agent of the board of supervisors of the county, shall
  6 29 appear at the hearing.  The complainant, the county attorney,
  6 30 the general assistance director or other agent of the board of
  6 31 supervisors, and the patient, or any person representing the
  6 32 patient, may introduce evidence and be heard.  If the court
  6 33 board of supervisors finds that the patient is a legal
  6 34 resident of Iowa and is pregnant or is suffering from a malady
  6 35 or deformity which can probably be improved or cured or
  7  1 advantageously treated by medical or surgical treatment or
  7  2 hospital care, and that neither the patient nor any person
  7  3 legally chargeable with the patient's support is able to pay
  7  4 the expenses, then the clerk of court county general
  7  5 assistance director, except in obstetrical cases and
  7  6 orthopedic cases, shall immediately ascertain from the
  7  7 admitting physician at the university hospital whether the
  7  8 person can be received as a patient within a period of thirty
  7  9 days, and if the patient can be received, the court, or in the
  7 10 event of no actual contest, the clerk of the court, board
  7 11 shall enter an order directing direct that the patient be sent
  7 12 to the university hospital for proper medical and surgical
  7 13 treatment and hospital care.  If the court ascertain board
  7 14 ascertains, except in obstetrical cases and orthopedic cases,
  7 15 that a person of the age or sex of the patient, or afflicted
  7 16 by the complaint, disease, or deformity with which the person
  7 17 is afflicted, cannot be received as a patient at the
  7 18 university hospital within the period of thirty days, then the
  7 19 court or the clerk shall enter an order directing the board of
  7 20 supervisors of shall direct the county to provide adequate
  7 21 treatment at county expense for the patient at home or in a
  7 22 hospital.  Obstetrical cases and orthopedic cases may be
  7 23 committed to the university hospital without regard to the
  7 24 limiting period of thirty days.
  7 25    In any case of emergency the court or the clerk board of
  7 26 supervisors without previous inquiry may at its discretion
  7 27 order the patient to be immediately taken to and accepted by
  7 28 the university hospital for the necessary care as provided in
  7 29 section 255.11, but if such a patient cannot be immediately
  7 30 accepted at the university hospital as ascertained by
  7 31 telephone if necessary, the court or the clerk may enter an
  7 32 order as in certain cases above set forth directing the board
  7 33 of supervisors shall direct the county to provide adequate
  7 34 treatment at county expense for the said patient at home or in
  7 35 a hospital.
  8  1    Sec. 15.  Section 255.10, Code 2003, is amended to read as
  8  2 follows:
  8  3    255.10  RELIGIOUS BELIEF – DENIAL OF ORDER.
  8  4    The court board of supervisors in its discretion may refuse
  8  5 to make such order in any case where the court board finds the
  8  6 patient or the patient's parent, parents, or guardian are
  8  7 members of a religious denomination whose tenets preclude
  8  8 dependence on the practice of medicine or surgery and desire
  8  9 in good faith to rely upon the practice of their religion for
  8 10 relief from disease or disorder.
  8 11    Sec. 16.  Section 255.11, Code 2003, is amended to read as
  8 12 follows:
  8 13    255.11  ORDER IN CASE OF EMERGENCY.
  8 14    In cases of great emergency, when the court or judge board
  8 15 of supervisors is satisfied that delay would be seriously
  8 16 injurious to the patient, the court or judge board of
  8 17 supervisors may make such order with the consent of the
  8 18 patient, if an adult, or of the parent or parents, guardian,
  8 19 or person having the legal custody of said the patient, if a
  8 20 minor or incompetent, without examination, report, notice, or
  8 21 hearing.
  8 22    Sec. 17.  Section 255.12, Code 2003, is amended to read as
  8 23 follows:
  8 24    255.12  CERTIFIED COPY OF ORDER.
  8 25    The clerk county general assistance director shall prepare
  8 26 a certified copy of said such order, which, together with a
  8 27 copy of the physician's report, shall be delivered to the
  8 28 admitting physician of said such hospital at or before the
  8 29 time of the reception of the patient into the hospital.
  8 30    Sec. 18.  Section 255.13, Code 2003, is amended to read as
  8 31 follows:
  8 32    255.13  ATTENDANT – PHYSICIAN – COMPENSATION.
  8 33    If the physician appointed to examine the patient shall
  8 34 certify certifies that an attendant to accompany the patient
  8 35 to the said hospital is necessary, and the university hospital
  9  1 attendant and ambulance service is not available, then the
  9  2 court or judge or clerk of the court the county general
  9  3 assistance director may appoint an attendant who shall receive
  9  4 not exceeding two dollars per day for the time thus
  9  5 necessarily employed and actual necessary traveling expenses
  9  6 by the most feasible route to said the hospital whether by
  9  7 ambulance, train, or automobile; but if such appointee is a
  9  8 relative of the patient or a member of the patient's immediate
  9  9 family, or receives a salary or other compensation from the
  9 10 public for the appointee's services, no such per diem
  9 11 compensation shall be paid.  The physician appointed by the
  9 12 court or clerk to make the examination and report shall
  9 13 receive therefor three dollars for each examination and report
  9 14 so made and the physician's actual necessary expenses incurred
  9 15 in making such examination, but if said the physician receives
  9 16 a salary or other compensation from the public for the
  9 17 physician's full-time services, then no such examination fee
  9 18 shall be paid.  The actual, necessary expenses of transporting
  9 19 and caring for the patient shall be paid as hereinafter
  9 20 provided in this chapter.
  9 21    Sec. 19.  Section 255.14, Code 2003, is amended to read as
  9 22 follows:
  9 23    255.14  PAYMENT OF EXPENSES – HOW PAID.
  9 24    An itemized, verified statement of all charges provided for
  9 25 in sections 255.8 and 255.13, in cases where the patient is
  9 26 admitted or accepted for treatment at the university hospital
  9 27 shall be filed with the superintendent of the university
  9 28 hospital, and upon the superintendent's recommendation when
  9 29 approved by the judge or clerk of the court under whose order
  9 30 the same were incurred board of supervisors, they the charges
  9 31 shall be charged included on the regular bill for the
  9 32 maintenance, transportation and treatment of the patient, and
  9 33 be audited and paid in the manner as hereinafter provided in
  9 34 this chapter.
  9 35    Sec. 20.  Section 255.21, Code 2003, is amended to read as
 10  1 follows:
 10  2    255.21  TREATMENT OUTSIDE HOSPITAL – ATTENDANT.
 10  3    If, in the judgment of the physician or surgeon to whom the
 10  4 patient has been assigned for treatment, continuous residence
 10  5 of the patient in the hospital is unnecessary, such patient
 10  6 may, by the hospital authorities, be sent to the patient's
 10  7 home or other appropriate place, and be required to return to
 10  8 the hospital when and for such length of time as may be for
 10  9 the patient's benefit.  The hospital authorities may, if
 10 10 necessary, appoint an attendant to accompany such patient and
 10 11 discharged patients, and the compensation of such attendant
 10 12 shall be fixed by the state board of regents and charged by
 10 13 the hospital as part of the costs of transporting patients.
 10 14 The compensation paid to and the expenses of the attendant
 10 15 shall be audited and paid in the same manner as is provided by
 10 16 law for the compensation of an attendant appointed by the
 10 17 court board of supervisors.
 10 18    Sec. 21.  Section 255.22, Code 2003, is amended to read as
 10 19 follows:
 10 20    255.22  TREATMENT AUTHORIZED.
 10 21    No A minor or incompetent person shall not be treated for
 10 22 any malady or deformity except such as is reasonably well
 10 23 described in the order of court or the report of the examining
 10 24 physician, unless permission for such treatment is provided
 10 25 for in the order of court, or is granted by the person's
 10 26 parents or guardian; but the physician in charge may
 10 27 administer such treatment or perform such surgical operations
 10 28 as are usually required in cases of emergency.
 10 29    Sec. 22.  Section 255.27, Code 2003, is amended to read as
 10 30 follows:
 10 31    255.27  FACULTY TO PREPARE BLANKS – PRINTING.
 10 32    The medical faculty of the state university hospital shall
 10 33 from time to time prepare blanks containing questions and
 10 34 requiring information that it finds necessary and proper to be
 10 35 obtained by the physician who examines a patient under order
 11  1 of court the board of supervisors.  The blanks shall be
 11  2 printed by the state, and a sufficient supply shall be
 11  3 furnished by the state printing administrator to the clerk of
 11  4 each juvenile court in the state county general assistance
 11  5 director.  The cost of printing the blanks shall be audited,
 11  6 allowed, and paid in the same manner as other bills for public
 11  7 printing.
 11  8    Sec. 23.  Section 321.20B, subsection 4, paragraph b,
 11  9 subparagraph (1), unnumbered paragraph 1, Code 2003, is
 11 10 amended to read as follows:
 11 11    An owner or driver who produces to the clerk of court,
 11 12 within thirty days of the issuance of the citation under
 11 13 paragraph "a", or prior to the date of the individual's court
 11 14 appearance as indicated on the citation, whichever is earlier,
 11 15 proof that financial liability coverage was in effect for the
 11 16 motor vehicle at the time the person was stopped and cited,
 11 17 or, if the driver is not the owner of the motor vehicle, proof
 11 18 that liability coverage was in effect for the driver with
 11 19 respect to the motor vehicle being driven at the time the
 11 20 driver was stopped and cited, in the same manner as if the
 11 21 motor vehicle were owned by the driver, shall be given a
 11 22 receipt indicating that such proof was provided and be subject
 11 23 to one of the following:
 11 24    Sec. 24.  Section 321.20B, subsection 4, paragraph c, Code
 11 25 2003, is amended to read as follows:
 11 26    c.  An owner or driver cited for a violation of subsection
 11 27 1, who produces to the clerk of court within thirty days of
 11 28 the issuance of the citation prior to the date of the
 11 29 individual's court appearance as indicated on the citation
 11 30 proof that financial liability coverage was in effect for the
 11 31 motor vehicle at the time the person was stopped and cited,
 11 32 shall not be convicted of such violation and the citation
 11 33 issued shall be dismissed.
 11 34    Sec. 25.  Section 321.20B, subsection 5, paragraph b, Code
 11 35 2003, is amended to read as follows:
 12  1    b.  Issue a citation.  An owner or driver who produces to
 12  2 the clerk of court within thirty days of the issuance of the
 12  3 citation, or prior to the date of the individual's court
 12  4 appearance as indicated on the citation, whichever is earlier,
 12  5 proof that the financial liability coverage was in effect for
 12  6 the motor vehicle at the time the person was stopped and
 12  7 cited, or if the driver is not the owner of the motor vehicle,
 12  8 proof that liability coverage was in effect for the driver
 12  9 with respect to the motor vehicle being driven at the time the
 12 10 driver was stopped and cited in the same manner as if the
 12 11 motor vehicle were owned by the driver, shall be given a
 12 12 receipt indicating that proof was provided, and the citation
 12 13 issued shall be dismissed.
 12 14    Sec. 26.  Section 321.484, unnumbered paragraph 2, Code
 12 15 2003, is amended to read as follows:
 12 16    The owner of a vehicle shall not be held responsible for a
 12 17 violation of a provision regulating the stopping, standing, or
 12 18 parking of a vehicle, whether the provision is contained in
 12 19 this chapter, or chapter 321L, or an ordinance or other
 12 20 regulation or rule, if the owner establishes that at the time
 12 21 of the violation the vehicle was in the custody of an
 12 22 identified person other than the owner pursuant to a lease as
 12 23 defined in chapter 321F or pursuant to a rental agreement as
 12 24 defined in section 516D.3.  The furnishing to the clerk of the
 12 25 district court county attorney where the charge is pending of
 12 26 a copy of the lease prescribed by section 321F.6 or rental
 12 27 agreement that was in effect for the vehicle at the time of
 12 28 the alleged violation shall be prima facie evidence that the
 12 29 vehicle was in the custody of an identified person other than
 12 30 the owner within the meaning of this paragraph, and the charge
 12 31 against the owner shall be dismissed.  The clerk of the
 12 32 district court then shall cause a uniform citation and
 12 33 complaint to be issued against the lessee or renter of the
 12 34 vehicle, and the citation shall be served upon the defendant
 12 35 by ordinary mail directed to the defendant at the address
 13  1 shown in the lease or rental agreement.
 13  2    Sec. 27.  Section 331.653, Code 2003, is amended by adding
 13  3 the following new subsection:
 13  4    NEW SUBSECTION.  23A.  Carry out duties related to service
 13  5 of a summons, notice, or subpoena pursuant to sections 232.35,
 13  6 232.37, and 232.88.
 13  7    Sec. 28.  Section 598.21, Code 2003, is amended by adding
 13  8 the following new subsection:
 13  9    NEW SUBSECTION.  10A.  If the court modifies an order, and
 13 10 the original decree was entered in another county in Iowa, the
 13 11 clerk of court shall send a copy of the modification by
 13 12 regular mail, electronic transmission, or facsimile to the
 13 13 clerk of court for the county where the original decree was
 13 14 entered.
 13 15    Sec. 29.  Section 602.1215, subsection 1, Code 2003, is
 13 16 amended to read as follows:
 13 17    1.  The Subject to the provisions of section 602.1209,
 13 18 subsection 3, the district judges of each judicial election
 13 19 district shall by majority vote appoint persons to serve as
 13 20 clerks of the district court, one for each county within the
 13 21 judicial election district.  The district judges of a judicial
 13 22 election district may appoint a person to serve as clerk of
 13 23 the district court for more than one but not more than four
 13 24 contiguous counties in the same judicial district.  A person
 13 25 does not qualify for appointment to the office of clerk of the
 13 26 district court unless the person is at the time of application
 13 27 a resident of the state.  Within three months of appointment
 13 28 the clerk of the district court must establish residence and
 13 29 physically reside in the county.  A clerk of the district
 13 30 court may be removed from office for cause by a majority vote
 13 31 of the district judges of the judicial election district.
 13 32 Before removal, the clerk of the district court shall be
 13 33 notified of the cause for removal.
 13 34    Sec. 30.  Section 602.1501, subsection 4, Code 2003, is
 13 35 amended to read as follows:
 14  1    4.  District associate judges shall receive the salary set
 14  2 by the general assembly.  However, an alternate district
 14  3 associate judge whose appointment is authorized under section
 14  4 602.6303 shall receive a salary for each day of actual duty
 14  5 equal to a district associate judge's daily salary.
 14  6    Sec. 31.  Section 602.1604, Code 2003, is amended to read
 14  7 as follows:
 14  8    602.1604  JUDGES SHALL NOT PRACTICE LAW.
 14  9    While holding office, a supreme court justice, court of
 14 10 appeals judge, district judge, or district associate judge
 14 11 shall not practice as an attorney or counselor or give advice
 14 12 in relation to any action pending or about to be brought in
 14 13 any of the courts of the state.  A person whose appointment as
 14 14 an alternate district associate judge is authorized under
 14 15 section 602.6303 may practice law except when actually serving
 14 16 as a district associate judge.
 14 17    Sec. 32.  Section 602.1611, subsection 2, Code 2003, is
 14 18 amended by striking the subsection.
 14 19    Sec. 33.  Section 602.6105, subsection 3, Code 2003, is
 14 20 amended to read as follows:
 14 21    3.  a.  The chief judge of a judicial district shall
 14 22 designate times and places for magistrates to hold court to
 14 23 ensure accessibility of magistrates at all times throughout
 14 24 the district.  The schedule of times and places of
 14 25 availability of magistrates and any schedule changes shall be
 14 26 disseminated by the chief judge to the peace officers within
 14 27 the district.
 14 28    b.  The chief judge of a judicial district shall schedule a
 14 29 magistrate to hold court in a city other than the county seat
 14 30 if all of the following apply:
 14 31    (1)  Magistrate court was regularly scheduled in the city
 14 32 on or after July 1, 2001.
 14 33    (2)  The population of the city is at least two times
 14 34 greater than the population of the county seat or the
 14 35 population of the city is at least thirty thousand.
 15  1    (3)  The city requests the chief judge to schedule
 15  2 magistrate court.
 15  3    In addition to paying the costs in section 602.1303,
 15  4 subsection 1, the city requesting the magistrate court shall
 15  5 pay any other costs for holding magistrate court in the city
 15  6 which would not otherwise have been incurred by the judicial
 15  7 branch.
 15  8    Sec. 34.  Section 602.6107, Code 2003, is amended by
 15  9 striking the section and inserting in lieu thereof the
 15 10 following:
 15 11    602.6107  REORGANIZATION OF JUDICIAL DISTRICTS AND JUDICIAL
 15 12 ELECTION DISTRICTS.
 15 13    1.  The supreme court shall, beginning January 1, 2012, and
 15 14 at least every ten years thereafter, review the division of
 15 15 the state into judicial districts and judicial election
 15 16 districts in order to determine whether the composition or the
 15 17 total number of the judicial districts and judicial election
 15 18 districts is the most efficient and effective administration
 15 19 of the district court and the judicial branch.
 15 20    2.  If the supreme court determines that the administration
 15 21 of the district court and the judicial branch would be made
 15 22 more efficient and effective by reorganizing the judicial
 15 23 districts and judicial election districts, which may include
 15 24 expanding or contracting the total number of judicial
 15 25 districts and judicial election districts, the supreme court
 15 26 shall develop and submit to the general assembly by November
 15 27 15 a plan that reorganizes the judicial districts and judicial
 15 28 election districts.  The legislative service bureau shall
 15 29 draft a bill embodying the plan for submission by the supreme
 15 30 court to the general assembly.  The general assembly shall
 15 31 bring the bill to a vote in either the senate or the house of
 15 32 representatives within thirty days of the bill's submission by
 15 33 the supreme court to the general assembly, under a procedure
 15 34 or rule permitting no amendments by either house except those
 15 35 of a purely corrective nature.  If both houses pass the bill,
 16  1 the bill shall be presented as any other bill to the governor
 16  2 for approval.  The bill shall take effect upon the general
 16  3 assembly passing legislation, which is approved by the
 16  4 governor including an effective date for the reorganization of
 16  5 the judicial districts and judicial election districts.
 16  6    3.  The composition of the judicial districts in section
 16  7 602.6107, Code 2003, and judicial election districts in
 16  8 section 602.6109, Code 2003, shall remain in effect until a
 16  9 new division of the state into judicial districts and judicial
 16 10 election districts is enacted.
 16 11    4.  It is the intent of the general assembly that the
 16 12 supreme court prior to developing a plan pursuant to this
 16 13 section consult with and receive input from members of the
 16 14 general public, court employees, judges, members of the
 16 15 general assembly, the judicial departments of correctional
 16 16 services, county officers, officials from other interested
 16 17 political subdivisions, and attorneys.  In submitting a plan
 16 18 pursuant to this section, the supreme court shall also submit
 16 19 to the general assembly a report stating the reasons for
 16 20 developing the plan and describing in detail the process used
 16 21 in developing the plan.
 16 22    5.  Nothing in this section or other provision of the Code
 16 23 shall be construed to preclude the general assembly or the
 16 24 judicial branch from proposing or considering a plan
 16 25 reorganizing the judicial districts and judicial election
 16 26 districts at any time.
 16 27    Sec. 35.  Section 602.6109, Code 2003, is amended by
 16 28 striking the section and inserting in lieu thereof the
 16 29 following:
 16 30    602.6109  JUDICIAL ELECTION DISTRICTS AND JUDGESHIPS.
 16 31    1.  The reorganized judicial election districts established
 16 32 pursuant to section 602.6107 shall be used solely for purposes
 16 33 of nomination, appointment, and retention of judges of the
 16 34 district court.
 16 35    2.  If the judicial election districts are reorganized
 17  1 under section 602.6107, the state court administrator shall
 17  2 reapportion the number of judgeships to which each judicial
 17  3 election district is entitled.  The reapportionment shall be
 17  4 determined according to section 602.6201, subsection 3.
 17  5    Sec. 36.  Section 602.6111, Code 2003, is amended by
 17  6 striking the section and inserting in lieu thereof the
 17  7 following:
 17  8    602.6111  IDENTIFICATION ON DOCUMENTS FILED WITH THE CLERK.
 17  9    1.  Any party, other than the state or a political
 17 10 subdivision of the state, filing a petition or complaint,
 17 11 answer, appearance, first motion, or any document filed with
 17 12 the clerk of the district court which brings a new party into
 17 13 a proceeding shall provide the clerk of the district court
 17 14 with the following information when applicable:
 17 15    a.  An employer identification number if a number has been
 17 16 assigned.
 17 17    b.  The birth date of the party.
 17 18    c.  The social security number of the party.
 17 19    2.  Any party, except the child support recovery unit,
 17 20 filing a petition, complaint, answer, appearance, first
 17 21 motion, or any document with the clerk of the district court
 17 22 to establish or modify an order for child support under
 17 23 chapter 236, 252A, 252K, 598, or 600B shall provide the clerk
 17 24 of the district court with the date of birth and social
 17 25 security number of the child.
 17 26    3.  A party shall provide the information pursuant to this
 17 27 section in the manner required by rules or directives
 17 28 prescribed by the supreme court.  The clerk of the district
 17 29 court shall keep a social security number provided pursuant to
 17 30 this section confidential in accordance with the rules and
 17 31 directives prescribed by the supreme court.
 17 32    Sec. 37.  NEW SECTION.  602.6112  REGIONAL LITIGATION
 17 33 CENTERS – PROHIBITION.
 17 34    The judicial branch shall not establish regional litigation
 17 35 centers.
 18  1    Sec. 38.  Section 602.6201, subsection 8, Code 2003, is
 18  2 amended to read as follows:
 18  3    8.  Vacancies shall not be filled in a judicial election
 18  4 district which becomes entitled to fewer judgeships under
 18  5 subsection 3, but an An incumbent district judge shall not be
 18  6 removed from office because of a reduction in the number of
 18  7 authorized judgeships.
 18  8    Sec. 39.  Section 602.6201, Code 2003, is amended by adding
 18  9 the following new subsections:
 18 10    NEW SUBSECTION.  11.  Notwithstanding any other provision
 18 11 of the Code to the contrary, if a vacancy in a judgeship
 18 12 occurs, and the chief justice of the supreme court makes a
 18 13 finding that a substantial disparity exists in the allocation
 18 14 of judgeships and judicial workload between judicial election
 18 15 districts, the chief justice may apportion the judgeship from
 18 16 the judicial election district where the vacancy occurs to
 18 17 another judicial election district based upon the substantial
 18 18 disparity finding.  However, a judgeship shall not be
 18 19 apportioned pursuant to this section unless a majority of the
 18 20 judicial council approves the apportionment.
 18 21    NEW SUBSECTION.  12.  Notwithstanding any other provision
 18 22 of the Code to the contrary, if the chief justice of the
 18 23 supreme court determines a substantial disparity exists in the
 18 24 allocation of judgeships and judicial workload between
 18 25 judicial election districts, the chief justice may authorize a
 18 26 voluntary permanent transfer of a district judge from one
 18 27 judicial election district to another upon approval by a
 18 28 majority of the judicial council.  After approval by the
 18 29 judicial council, the chief justice shall notify all eligible
 18 30 district judges of the intent to seek applicants for a
 18 31 voluntary permanent transfer and the terms of such a transfer.
 18 32 A district judge is not eligible for a voluntary transfer
 18 33 unless the judge has served a regular term of office as
 18 34 specified in section 46.16.  Upon approval of the judge's
 18 35 application, the chief justice may transfer a district judge
 19  1 who consents to the transfer within six months of the
 19  2 notification.  The transfer of a district judge shall take
 19  3 effect within sixty days of the official announcement of the
 19  4 transfer by the chief justice.  A district judge transferred
 19  5 pursuant to this subsection shall have six months from the
 19  6 date of the announcement of the transfer to establish
 19  7 residency in the judicial election district where the district
 19  8 judge is transferred.  A district judge who has been
 19  9 transferred shall stand for retention in the judicial election
 19 10 district to which the district judge has been transferred as
 19 11 provided in chapter 46.  For purposes of subsection 3, the
 19 12 judgeship shall be apportioned to the judicial election
 19 13 district where the judge is transferred.  A voluntary transfer
 19 14 pursuant to this subsection shall not cause a vacancy of a
 19 15 judgeship in the judicial election district from which the
 19 16 district judge was transferred.
 19 17    Sec. 40.  Section 602.6301, Code 2003, is amended to read
 19 18 as follows:
 19 19    602.6301  NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE
 19 20 JUDGES.
 19 21    There shall be one district associate judge in counties
 19 22 having a population of more than thirty-five thousand and less
 19 23 than eighty thousand; two in counties having a population of
 19 24 eighty thousand or more and less than one hundred twenty-five
 19 25 thousand; three in counties having a population of one hundred
 19 26 twenty-five thousand or more and less than two hundred
 19 27 thousand; four in counties having a population of two hundred
 19 28 thousand or more and less than two hundred thirty-five
 19 29 thousand; five in counties having a population of two hundred
 19 30 thirty-five thousand or more and less than two hundred seventy
 19 31 thousand; six in counties having a population of two hundred
 19 32 seventy thousand or more and less than three hundred five
 19 33 thousand; and seven in counties having a population of three
 19 34 hundred five thousand or more.  However, a county shall not
 19 35 lose a district associate judgeship solely because of a
 20  1 reduction in the county's population.  If the formula provided
 20  2 in this section results in the allocation of an additional
 20  3 district associate judgeship to a county, implementation of
 20  4 the allocation shall be subject to prior approval of the
 20  5 supreme court and availability of funds to the judicial
 20  6 branch.  A district associate judge appointed pursuant to
 20  7 section 602.6302 or 602.6303 shall not be counted for purposes
 20  8 of this section.
 20  9    Sec. 41.  Section 602.6304, subsections 1, 2, and 3, Code
 20 10 2003, are amended to read as follows:
 20 11    1.  The district associate judges authorized by sections
 20 12 602.6301, and 602.6302, and 602.6303 shall be appointed by the
 20 13 district judges of the judicial election district from persons
 20 14 nominated by the county magistrate appointing commission.  In
 20 15 the case of a district associate judge to be appointed to more
 20 16 than one county, the appointment shall be from persons
 20 17 nominated by the county magistrate appointing commissions
 20 18 acting jointly and in the case of a district associate judge
 20 19 to be appointed to more than one judicial election district of
 20 20 the same judicial district, the appointment shall be by a
 20 21 majority of the district judges in each judicial election
 20 22 district.
 20 23    2.  In November of any year in which an impending vacancy
 20 24 is created because a district associate judge is not retained
 20 25 in office pursuant to a judicial election, the county
 20 26 magistrate appointing commission shall publicize notice of the
 20 27 vacancy in at least two publications in the official county
 20 28 newspaper.  The commission shall accept applications for
 20 29 consideration for nomination as district associate judge for a
 20 30 minimum of fifteen days prior to certifying nominations.  The
 20 31 commission shall consider the applications and shall, by
 20 32 majority vote, certify to the chief judge of the judicial
 20 33 district not later than December 15 of that year the names of
 20 34 three applicants who are nominated by the commission for the
 20 35 vacancy, unless the chief justice has ordered the commission
 21  1 to delay the certification of the nominees to the chief judge.
 21  2 The chief justice may order the delay of the certification for
 21  3 up to one hundred eighty days for budgetary reasons.  If there
 21  4 are three or fewer applicants the commission shall certify all
 21  5 applicants who meet the statutory qualifications.  Nominees
 21  6 shall be chosen solely on the basis of the qualifications of
 21  7 the applicants, and political affiliation shall not be
 21  8 considered.
 21  9    3.  Within thirty days after a county magistrate appointing
 21 10 commission receives notification of an actual or impending
 21 11 vacancy in the office of district associate judge, other than
 21 12 a vacancy referred to in subsection 2, the commission shall
 21 13 certify to the chief judge of the judicial district the names
 21 14 of three applicants who are nominated by the commission for
 21 15 the vacancy, unless the chief justice has ordered the
 21 16 commission to delay the certification of the nominees to the
 21 17 chief judge.  The chief justice may order the delay of the
 21 18 certification for up to one hundred eighty days for budgetary
 21 19 reasons.  The commission shall publicize notice of the vacancy
 21 20 in at least two publications in the official county newspaper.
 21 21 The commission shall accept applications for consideration for
 21 22 nomination as district associate judge for a minimum of
 21 23 fifteen days prior to certifying nominations.  The commission
 21 24 shall consider the applications and shall, by majority vote,
 21 25 certify to the chief judge of the judicial district the names
 21 26 of three applicants who are nominated by the commission for
 21 27 the vacancy.  If there are three or fewer applicants the
 21 28 commission shall certify all applicants who meet the statutory
 21 29 qualifications.  Nominees shall be chosen solely on the basis
 21 30 of the qualifications of the applicants, and political
 21 31 affiliation shall not be considered.  As used in this
 21 32 subsection, a vacancy is created by the death, retirement,
 21 33 resignation, or removal of a district associate judge, or by
 21 34 an increase in the number of positions authorized.
 21 35    Sec. 42.  Section 602.6305, subsection 1, Code 2003, is
 22  1 amended to read as follows:
 22  2    1.  District associate judges shall serve initial terms and
 22  3 shall stand for retention in office within the judicial
 22  4 election districts of their residences at the judicial
 22  5 election in 1982 and every four six years thereafter, under
 22  6 sections 46.17 to 46.24.
 22  7    Sec. 43.  Section 602.6403, subsection 3, Code 2003, is
 22  8 amended to read as follows:
 22  9    3.  Within thirty days following receipt of notification of
 22 10 a vacancy in the office of magistrate, the commission shall
 22 11 appoint a person to the office to serve the remainder of the
 22 12 unexpired term, unless the chief justice has ordered the
 22 13 commission to delay the appointment for up to one hundred
 22 14 eighty days for budgetary reasons.  For purposes of this
 22 15 section, vacancy means a death, resignation, retirement, or
 22 16 removal of a magistrate, or an increase in the number of
 22 17 positions authorized.
 22 18    Sec. 44.  Section 602.7103B, subsections 2 and 3, Code
 22 19 2003, are amended to read as follows:
 22 20    2.  In November of any year in which an impending vacancy
 22 21 is created because a full-time associate juvenile judge is not
 22 22 retained in office pursuant to a judicial election, the county
 22 23 magistrate appointing commission shall publicize notice of the
 22 24 vacancy in at least two publications in the official county
 22 25 newspaper.  The commission shall accept applications for
 22 26 consideration for nomination as full-time associate juvenile
 22 27 judge for a minimum of fifteen days prior to certifying
 22 28 nominations.  The commission shall consider the applications
 22 29 and shall, by majority vote, certify to the chief judge of the
 22 30 judicial district not later than December 15 of that year the
 22 31 names of three applicants who are nominated by the commission
 22 32 for the vacancy, unless the chief justice has ordered the
 22 33 commission to delay the certification of the nominees to the
 22 34 chief judge.  The chief justice may order the delay of the
 22 35 certification for up to one hundred eighty days for budgetary
 23  1 reasons.  If there are three or fewer applicants, the
 23  2 commission shall certify all applicants who meet the statutory
 23  3 qualifications.  Nominees shall be chosen solely on the basis
 23  4 of the qualifications of the applicants, and political
 23  5 affiliation shall not be considered.
 23  6    3.  Within thirty days after a county magistrate appointing
 23  7 commission receives notification of an actual or impending
 23  8 vacancy in the office of full-time associate juvenile judge,
 23  9 other than a vacancy referred to in subsection 2, the
 23 10 commission shall certify to the chief judge of the judicial
 23 11 district the names of three applicants who are nominated by
 23 12 the commission for the vacancy, unless the chief justice has
 23 13 ordered the commission to delay the certification of the
 23 14 nominees to the chief judge.  The chief justice may order the
 23 15 delay of the certification for up to one hundred eighty days
 23 16 for budgetary reasons.  The commission shall publicize notice
 23 17 of the vacancy in at least two publications in the official
 23 18 county newspaper.  The commission shall accept applications
 23 19 for consideration for nomination as full-time associate
 23 20 juvenile judge for a minimum of fifteen days prior to
 23 21 certifying nominations.  The commission shall consider the
 23 22 applications and shall, by majority vote, certify to the chief
 23 23 judge of the judicial district the names of three applicants
 23 24 who are nominated by the commission for the vacancy.  If there
 23 25 are three or fewer applicants, the commission shall certify
 23 26 all applicants who meet the statutory qualifications.
 23 27 Nominees shall be chosen solely on the basis of the
 23 28 qualifications of the applicants, and political affiliation
 23 29 shall not be considered.  As used in this subsection, a
 23 30 vacancy is created by the death, retirement, resignation, or
 23 31 removal of a full-time associate juvenile judge, or by an
 23 32 increase in the number of positions authorized.
 23 33    Sec. 45.  Section 602.8102, subsection 9, Code 2003, is
 23 34 amended to read as follows:
 23 35    9.  Enter in the appearance docket a memorandum of the date
 24  1 of filing of all petitions, demurrers, answers, motions, or
 24  2 papers of any other description in the cause.  A pleading of
 24  3 any description is considered filed when the clerk entered the
 24  4 date the pleading was received on the pleading and the
 24  5 pleading shall not be taken from the clerk's office until the
 24  6 memorandum is made.  The memorandum shall be made before the
 24  7 end of the next working day within two business days of a new
 24  8 petition or order being filed, and as soon as practicable for
 24  9 all other pleadings.  Thereafter, when a demurrer or motion is
 24 10 sustained or overruled, a pleading is made or amended, or the
 24 11 trial of the cause, rendition of the verdict, entry of
 24 12 judgment, issuance of execution, or any other act is done in
 24 13 the progress of the cause, a similar memorandum shall be made
 24 14 of the action, including the date of action and the number of
 24 15 the book and page of the record where the entry is made.  The
 24 16 appearance docket is an index of each suit from its
 24 17 commencement to its conclusion.
 24 18    Sec. 46.  Section 602.8102, subsection 11, Code 2003, is
 24 19 amended to read as follows:
 24 20    11.  Refund amounts less than one dollar three dollars only
 24 21 upon written application.
 24 22    Sec. 47.  Section 602.8106, subsection 1, paragraphs b, c,
 24 23 d, and e, Code 2003, are amended to read as follows:
 24 24    b.  For filing and docketing of a complaint or information
 24 25 for a simple misdemeanor and a complaint or information for a
 24 26 nonscheduled simple misdemeanor under chapter 321, twenty-five
 24 27 seventeen dollars.
 24 28    c.  For filing and docketing a complaint or information or
 24 29 uniform citation and complaint for parking violations under
 24 30 sections 321.236, 321.239, 321.358, 321.360, and 321.361, one
 24 31 dollar eight dollars, effective January 1, 1991 2004.  The
 24 32 court costs in cases of parking meter and overtime parking
 24 33 violations which are denied, and charged and collected
 24 34 pursuant to section 321.236, subsection 1, or pursuant to a
 24 35 uniform citation and complaint, are eight dollars per
 25  1 information or complaint or per uniform citation and complaint
 25  2 effective January 1, 1991.
 25  3    d.  The court costs in scheduled violation cases where a
 25  4 court appearance is required are twenty-five, seventeen
 25  5 dollars.
 25  6    e.  For court costs in scheduled violation cases where a
 25  7 court appearance is not required, fifteen seventeen dollars.
 25  8    Sec. 48.  Section 624.20, Code 2003, is amended to read as
 25  9 follows:
 25 10    624.20  SATISFACTION OF JUDGMENT.
 25 11    Where a judgment is set aside or satisfied by execution or
 25 12 otherwise, the clerk shall at once enter a memorandum thereof
 25 13 on the column left for that purpose in the judgment docket.
 25 14 However, the clerk may enter satisfaction of judgment if the
 25 15 amount of the judgment that is unsatisfied is one dollar three
 25 16 dollars or less.
 25 17    Sec. 49.  Section 631.5, subsection 6, Code 2003, is
 25 18 amended to read as follows:
 25 19    6.  DEFAULT.  If a defendant fails to appear and the clerk
 25 20 in accordance with subsection 4 determines that proper notice
 25 21 has been given, judgment shall be rendered against the
 25 22 defendant by the clerk if the relief is readily ascertainable.
 25 23 If the relief is not readily ascertainable the claim shall be
 25 24 assigned to a judicial magistrate for determination and the
 25 25 clerk shall immediately notify the plaintiff or the
 25 26 plaintiff's attorney and the judicial magistrate of such
 25 27 assignment by ordinary mail.
 25 28    Sec. 50.  Section 631.6, subsection 1, paragraph c, Code
 25 29 2003, is amended to read as follows:
 25 30    c.  Postage charged for the mailing of original notice
 25 31 shall be the actual costs of the postage eight dollars.
 25 32    Sec. 51.  Section 633.20B, subsections 2 and 3, Code 2003,
 25 33 are amended to read as follows:
 25 34    2.  In November of any year in which an impending vacancy
 25 35 is created because a full-time associate probate judge is not
 26  1 retained in office pursuant to a judicial election, the county
 26  2 magistrate appointing commission shall publicize notice of the
 26  3 vacancy in at least two publications in the official county
 26  4 newspaper.  The commission shall accept applications for
 26  5 consideration for nomination as full-time associate probate
 26  6 judge for a minimum of fifteen days prior to certifying
 26  7 nominations.  The commission shall consider the applications
 26  8 and shall, by majority vote, certify to the chief judge of the
 26  9 judicial district not later than December 15 of that year the
 26 10 names of three applicants who are nominated by the commission
 26 11 for the vacancy, unless the chief justice has ordered the
 26 12 commission to delay the certification of the nominees to the
 26 13 chief judge.  The chief justice may order the delay of the
 26 14 certification for up to one hundred eighty days for budgetary
 26 15 reasons.  If there are three or fewer applicants, the
 26 16 commission shall certify all applicants who meet the statutory
 26 17 qualifications.  Nominees shall be chosen solely on the basis
 26 18 of the qualifications of the applicants, and political
 26 19 affiliation shall not be considered.
 26 20    3.  Within thirty days after a county magistrate appointing
 26 21 commission receives notification of an actual or impending
 26 22 vacancy in the office of full-time associate probate judge,
 26 23 other than a vacancy referred to in subsection 2, the
 26 24 commission shall certify to the chief judge of the judicial
 26 25 district the names of three applicants who are nominated by
 26 26 the commission for the vacancy, unless the chief justice has
 26 27 ordered the commission to delay the certification of the
 26 28 nominees to the chief judge.  The chief justice may order the
 26 29 delay of the certification for up to one hundred eighty days
 26 30 for budgetary reasons.  The commission shall publicize notice
 26 31 of the vacancy in at least two publications in the official
 26 32 county newspaper.  The commission shall accept applications
 26 33 for consideration for nomination as full-time associate
 26 34 probate judge for a minimum of fifteen days prior to
 26 35 certifying nominations.  The commission shall consider the
 27  1 applications and shall, by majority vote, certify to the chief
 27  2 judge of the judicial district the names of three applicants
 27  3 who are nominated by the commission for the vacancy.  If there
 27  4 are three or fewer applicants, the commission shall certify
 27  5 all applicants who meet the statutory qualifications.
 27  6 Nominees shall be chosen solely on the basis of the
 27  7 qualifications of the applicants, and political affiliation
 27  8 shall not be considered.  As used in this subsection, a
 27  9 vacancy is created by the death, retirement, resignation, or
 27 10 removal of a full-time associate probate judge, or by an
 27 11 increase in the number of positions authorized.
 27 12    Sec. 52.  Section 633.47, Code 2003, is amended to read as
 27 13 follows:
 27 14    633.47  PROOF OF SERVICE AND TAXATION PAYMENT OF COSTS.
 27 15    Proof of service of any notice, required by this Code or by
 27 16 order of court, including those by publication, shall be filed
 27 17 with the clerk.  The costs of serving any notice given by the
 27 18 fiduciary shall be taxed by the clerk as part of the costs of
 27 19 administration in said be paid directly by the estate.
 27 20    Sec. 53.  Section 633.301, Code 2003, is amended to read as
 27 21 follows:
 27 22    633.301  COPY OF WILL FOR EXECUTOR.
 27 23    When a will has been admitted to probate and certified
 27 24 pursuant to section 633.300, the clerk shall cause an
 27 25 authenticated a certified copy thereof to be placed in the
 27 26 hands of the executor to whom letters are issued.  The clerk
 27 27 shall retain the will in a separate file provided for that
 27 28 purpose until the time for contest has expired, and promptly
 27 29 thereafter shall place it with the files of the estate.
 27 30    Sec. 54.  Section 633.479, unnumbered paragraph 2, Code
 27 31 2003, is amended to read as follows:
 27 32    An order approving the final report and discharging the
 27 33 personal representative shall not be required if all
 27 34 distributees otherwise entitled to notice are adults, under no
 27 35 legal disability, have signed waivers of notice as provided in
 28  1 section 633.478, have signed statements of consent agreeing
 28  2 that the prayer of the final report shall constitute an order
 28  3 approving the final report and discharging the personal
 28  4 representative, and if the statements of consent are dated not
 28  5 more than thirty days prior to the date of the final report,
 28  6 and if compliance with sections 422.27 and 450.58 have been
 28  7 fulfilled and receipts and certificates are on file.  In those
 28  8 instances final order shall not be required and the prayer of
 28  9 the final report shall be considered as granted and shall have
 28 10 the same force and effect as an order of discharge of the
 28 11 personal representative and an order approving the final
 28 12 report.  The clerk shall comply with section 633.480 with
 28 13 respect to issuing a change of title.
 28 14    Sec. 55.  Section 633.480, Code 2003, is amended to read as
 28 15 follows:
 28 16    633.480  CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES
 28 17 WITH ADMINISTRATION.
 28 18    After discharge as provided in section 633.479, the clerk
 28 19 shall certify under chapter 558 relative to each parcel of
 28 20 real estate the personal representative shall deliver to the
 28 21 county recorder of the county in which the real estate is
 28 22 situated a certificate pertaining to each parcel of real
 28 23 estate described in the final report of the personal
 28 24 representative which has not been sold by the personal
 28 25 representative, and deliver the certificate to the county
 28 26 recorder of the county in which the real estate is situated.
 28 27 The certificate shall include the name and complete mailing
 28 28 address, as shown on the final report, of the individual or
 28 29 entity in whose name each parcel of real estate is to be
 28 30 taxed.  The county recorder shall deliver the certificate to
 28 31 the county auditor as provided in section 558.58.
 28 32    Sec. 56.  Section 633.481, Code 2003, is amended to read as
 28 33 follows:
 28 34    633.481  CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES
 28 35 WITHOUT ADMINISTRATION.
 29  1    When an inventory or report is filed under section 450.22,
 29  2 without administration of the estate of the decedent, the
 29  3 clerk heir or heir's attorney shall issue prepare and deliver
 29  4 to the county recorder of the county in which the real estate
 29  5 is situated a certificate pertaining to each parcel of real
 29  6 estate described in the inventory or report.  Any fees for
 29  7 certificates or recording fees required by this section or
 29  8 section 633.480 shall be assessed as costs of administration.
 29  9 The fee for recording and indexing the instrument shall be as
 29 10 provided in section 331.604.  The county recorder shall
 29 11 deliver the certificates to the county auditor as provided in
 29 12 section 558.58.
 29 13    Sec. 57.  Section 635.7, Code 2003, is amended to read as
 29 14 follows:
 29 15    635.7  REPORT AND INVENTORY – EXCESS VALUE AND
 29 16 TERMINATION.
 29 17    The executor or administrator is required to file the
 29 18 report and inventory for which provision is made in section
 29 19 633.361.  Nothing in sections 635.1 to 635.3 shall exempt the
 29 20 executor or administrator from complying with the requirements
 29 21 of section 422.27, 450.22, or 450.58, or the clerk from
 29 22 complying with the requirements of section 633.481.  If the
 29 23 inventory and report shows assets subject to the jurisdiction
 29 24 of this state which exceed the total gross value of the amount
 29 25 permitted the small estate under the applicable provision of
 29 26 section 635.1, the clerk shall terminate the letters issued
 29 27 under section 635.1 without prejudice to the rights of persons
 29 28 who delivered property as permitted under section 635.3.  The
 29 29 executor or administrator shall then be required to petition
 29 30 for administration of the estate as provided in chapter 633.
 29 31    Sec. 58.  Section 668.13, subsection 3, Code 2003, is
 29 32 amended to read as follows:
 29 33    3.  Interest shall be calculated as of the date of judgment
 29 34 at a rate equal to the one-year treasury constant maturity
 29 35 index published by the federal reserve in the H15 report
 30  1 settled immediately prior to the date of the judgment plus two
 30  2 percent.  The state court administrator shall distribute
 30  3 notice monthly of that rate and any changes to that rate to
 30  4 all district courts.
 30  5    Sec. 59.  Section 902.4, Code 2003, is amended to read as
 30  6 follows:
 30  7    902.4  RECONSIDERATION OF FELON'S SENTENCE.
 30  8    For a period of one year from the date when a person
 30  9 convicted of a felony, other than a class "A" felony or a
 30 10 felony for which a minimum sentence of confinement is imposed,
 30 11 begins to serve a sentence of confinement, the court, on its
 30 12 own motion or on the recommendation of the director of the
 30 13 Iowa department of corrections, may order the person to be
 30 14 returned to the court, at which time the court may review its
 30 15 previous action and reaffirm it or substitute for it any
 30 16 sentence permitted by law.  Copies of the order to return the
 30 17 person to the court shall be provided to the attorney for the
 30 18 state, the defendant's attorney, and the defendant.  Upon a
 30 19 request of the attorney for the state, the defendant's
 30 20 attorney, or the defendant if the defendant has no attorney,
 30 21 the court may, but is not required to, conduct a hearing on
 30 22 the issue of reconsideration of sentence.  The court shall not
 30 23 disclose its decision to reconsider or not to reconsider the
 30 24 sentence of confinement until the date reconsideration is
 30 25 ordered or the date the one-year period expires, whichever
 30 26 occurs first.  The district court retains jurisdiction for the
 30 27 limited purposes of conducting such review and entering an
 30 28 appropriate order notwithstanding the timely filing of a
 30 29 notice of appeal.  The court's final order in the proceeding
 30 30 shall be delivered to the defendant personally or by certified
 30 31 regular mail.  The court's decision to take the action or not
 30 32 to take the action is not subject to appeal.  However, for the
 30 33 purposes of appeal, a judgment of conviction of a felony is a
 30 34 final judgment when pronounced.
 30 35    Sec. 60.  Section 903.2, Code 2003, is amended to read as
 31  1 follows:
 31  2    903.2  RECONSIDERATION OF MISDEMEANANT'S SENTENCE.
 31  3    For a period of thirty days from the date when a person
 31  4 convicted of a misdemeanor begins to serve a sentence of
 31  5 confinement, the court may order the person to be returned to
 31  6 the court, at which time the court may review its previous
 31  7 action and reaffirm it or substitute for it any sentence
 31  8 permitted by law.  The sentencing court retains jurisdiction
 31  9 for the limited purposes of conducting such review and
 31 10 entering an appropriate order notwithstanding the timely
 31 11 filing of a notice of appeal or an application for
 31 12 discretionary review.  The court's final order in  the
 31 13 proceeding shall be delivered to the defendant personally or
 31 14 by certified regular mail.  Such action is discretionary with
 31 15 the court and its decision to take the action or not to take
 31 16 the action is not subject to appeal.  The other provisions of
 31 17 this section notwithstanding, for the purposes of appeal a
 31 18 judgment of conviction is a final judgment when pronounced.
 31 19    Sec. 61.  Section 907.4, Code 2003, is amended to read as
 31 20 follows:
 31 21    907.4  DEFERRED JUDGMENT DOCKET.
 31 22    A deferment of judgment under section 907.3 shall be
 31 23 reported entered promptly by the clerk of the district court,
 31 24 or the clerk's designee, to the state court administrator for
 31 25 entry in into the deferred judgment docket database of the
 31 26 state, which shall serve as the deferred judgment docket.  The
 31 27 docket shall contain a permanent record of the deferred
 31 28 judgment including the name and date of birth of the
 31 29 defendant, the district court docket number, the nature of the
 31 30 offense, and the date of the deferred judgment.  Before
 31 31 granting deferred judgment in any case, the court shall
 31 32 request of the state court administrator a search of the
 31 33 deferred judgment docket and shall consider any prior record
 31 34 of a deferred judgment against the defendant.  The permanent
 31 35 record provided for in this section is a confidential record
 32  1 exempted from public access under section 22.7 and shall be
 32  2 available only to justices of the supreme court, judges of the
 32  3 court of appeals, district judges, district associate judges,
 32  4 judicial magistrates, clerks of the district court, and county
 32  5 attorneys, and the department of corrections requesting
 32  6 information pursuant to this section, or the designee of a
 32  7 justice, judge, magistrate, clerk, or county attorney, or
 32  8 department.
 32  9    Sec. 62.  Sections 602.6303 and 633.15, Code 2003, are
 32 10 repealed.
 32 11    Sec. 63.  Section 602.6201, subsection 12, as enacted by
 32 12 this Act, is amended by striking the subsection effective July
 32 13 1, 2008.
 32 14    Sec. 64.  The sections of this Act amending section 46.12;
 32 15 section 602.6304, subsections 2 and 3; and sections 602.6403,
 32 16 602.7103B, and 633.20B are repealed on July 1, 2006.
 32 17    Sec. 65.  RETENTION OF JUDGES.  The amendments in this Act
 32 18 to section 46.16, subsections 2 and 3, apply to elections for
 32 19 retaining a judge occurring after the effective date of this
 32 20 Act.
 32 21    Sec. 66.  JUDICIAL DISTRICT REDISTRICTING INTERIM STUDY
 32 22 COMMITTEE.  The legislative council is requested to establish
 32 23 an interim study committee to study the judicial district and
 32 24 judicial election district redistricting and the allocation of
 32 25 judicial branch resources.  The committee shall review all
 32 26 relevant matters regarding judicial district and judicial
 32 27 election district redistricting, and the allocation of
 32 28 judicial branch resources deemed relevant by the majority of
 32 29 the committee including but not limited to determining whether
 32 30 a misallocation of judicial officers exists between judicial
 32 31 districts, the nature and history of judicial branch resources
 32 32 and a cost analysis of current judicial branch resources, the
 32 33 optimum allocation of resources regardless of judicial
 32 34 district boundaries, the effect of redistricting on the
 32 35 delivery of court services and employee morale, a cost
 33  1 benefits analysis of implementing a redistricting plan, and
 33  2 the recommendations of the Iowa supreme court committee on
 33  3 redistricting.  If after reviewing all relevant matters the
 33  4 committee determines that redistricting should occur, the
 33  5 committee shall adopt a redistricting plan and submit the plan
 33  6 for consideration by the general assembly by December 15,
 33  7 2003.  If the committee determines redistricting should not
 33  8 occur, the committee shall submit to the general assembly
 33  9 other recommendations for achieving an optimum allocation of
 33 10 judicial branch resources by December 15, 2003.  The committee
 33 11 shall consist of thirty-one members with each organization
 33 12 selecting their member or representative as follows:
 33 13    1.  Three members to be selected by the supreme court.
 33 14    2.  One member to be selected by the majority leader of the
 33 15 senate.
 33 16    3.  One member to be selected by the minority leader of the
 33 17 senate.
 33 18    4.  One member to be selected by the majority leader of the
 33 19 house of representatives.
 33 20    5.  One member to be selected by the minority leader of the
 33 21 house of representatives.
 33 22    6.  Three members of the Iowa state bar association.
 33 23    7.  Three members of the Iowa judges association.
 33 24    8.  Three members of the Iowa trial lawyers association.
 33 25    9.  Two members of the Iowa clerks of court association.
 33 26    10.  One member of the Iowa association of magistrate
 33 27 judges.
 33 28    11.  One member of the Iowa defense counsel association.
 33 29    12.  One member of the Iowa academy of trial lawyers.
 33 30    13.  One member of the Iowa county attorneys association.
 33 31    14.  A representative of the judicial district department
 33 32 of correctional services to be selected by the eight directors
 33 33 of the judicial district department of correctional services.
 33 34    15.  One member of the Iowa sheriffs' and deputies'
 33 35 association.
 34  1    16.  One member of the recorders affiliate of the Iowa
 34  2 state association of counties.
 34  3    17.  One member of the Iowa court reporters association.
 34  4    18.  One member to be selected by the Iowa civil liberties
 34  5 union.
 34  6    19.  One member of the supervisors affiliate of the Iowa
 34  7 state association of counties.
 34  8    20.  One member of the juvenile court officers'
 34  9 association.
 34 10    21.  One member to be selected by the American federation
 34 11 of state, county, and municipal employees.
 34 12    22.  One district court administrator to be selected by the
 34 13 district court administrators of the state.  
 34 14 
 34 15 
 34 16                                                             
 34 17                               CHRISTOPHER C. RANTS
 34 18                               Speaker of the House
 34 19 
 34 20 
 34 21                                                             
 34 22                               MARY E. KRAMER
 34 23                               President of the Senate
 34 24 
 34 25    I hereby certify that this bill originated in the House and
 34 26 is known as House File 694, Eightieth General Assembly.
 34 27 
 34 28 
 34 29                                                             
 34 30                               MARGARET THOMSON
 34 31                               Chief Clerk of the House
 34 32 Approved                , 2003
 34 33 
 34 34 
 34 35                            
 35  1 THOMAS J. VILSACK
 35  2 Governor
     
Text: HF00693                           Text: HF00695
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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