Text: HF02457 Text: HF02459 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 602.6301, Code Supplement 2003, is 1 2 amended to read as follows: 1 3 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 1 4 JUDGES. 1 5 1. There shall be one district associate judge in counties 1 6 having a population of more than thirty-five thousand and less 1 7 than eighty thousand; two in counties having a population of 1 8 eighty thousand or more and less than one hundred twenty-five 1 9 thousand; three in counties having a population of one hundred 1 10 twenty-five thousand or more and less than two hundred 1 11 thousand; four in counties having a population of two hundred 1 12 thousand or more and less than two hundred thirty-five 1 13 thousand; five in counties having a population of two hundred 1 14 thirty-five thousand or more and less than two hundred seventy 1 15 thousand; six in counties having a population of two hundred 1 16 seventy thousand or more and less than three hundred five 1 17 thousand; and seven in counties having a population of three 1 18 hundred five thousand or more. However, a county shall not 1 19 lose a district associate judgeship solely because of a 1 20 reduction in the county's population. If the formula provided 1 21 in this section results in the allocation of an additional 1 22 district associate judgeship to a county, implementation of 1 23 the allocation shall be subject to prior approval of the 1 24 supreme court and availability of funds to the judicial 1 25 branch. A district associate judge appointed pursuant to 1 26 section 602.6302 shall not be counted for purposes of this 1 27 section. A district associate judgeship apportioned pursuant 1 28 to subsection 2, or a district associate judge transferred 1 29 pursuant to subsection 3, shall also not be counted for 1 30 purposes of this section. 1 31 2. If a vacancy in a district associate judgeship occurs, 1 32 and the chief justice of the supreme court makes a finding 1 33 that a substantial disparity exists in the allocation of 1 34 district associate judgeships and district associate judge 1 35 workloads between judicial election districts, the chief 2 1 justice may apportion the district associate judgeship from 2 2 the judicial election district where the vacancy occurs to 2 3 another judicial election district based upon the substantial 2 4 disparity finding. However, a district associate judgeship 2 5 shall not be apportioned pursuant to this subsection unless a 2 6 majority of the judicial council approves the apportionment. 2 7 3. If the chief justice of the supreme court determines a 2 8 substantial disparity exists in the allocation of district 2 9 associate judgeships and district associate judge workloads 2 10 between judicial election districts, the chief justice may 2 11 authorize a voluntary permanent transfer of a district 2 12 associate judge from one judicial election district to another 2 13 upon approval by a majority of the judicial council. After 2 14 approval by the judicial council, the chief justice shall 2 15 notify all eligible district associate judges of the intent to 2 16 seek applicants for a voluntary permanent transfer and the 2 17 terms of such a transfer. A district associate judge is not 2 18 eligible for a voluntary transfer unless the judge has served 2 19 a regular term of office as specified in section 46.16. Upon 2 20 approval of the judge's application, the chief justice may 2 21 transfer a district associate judge who consents to the 2 22 transfer within six months of the notification. The transfer 2 23 of a district associate judge shall take effect within sixty 2 24 days of the official announcement of the transfer by the chief 2 25 justice. A district associate judge transferred pursuant to 2 26 this subsection shall have six months from the date of the 2 27 announcement of the transfer to establish residency in the 2 28 judicial election district where the district associate judge 2 29 is transferred. A district associate judge who has been 2 30 transferred shall stand for retention in the judicial election 2 31 district to which the district associate judge has been 2 32 transferred as provided in chapter 46. A voluntary transfer 2 33 pursuant to this subsection shall not cause a vacancy of a 2 34 district associate judgeship in the judicial election district 2 35 from which the district associate judge was transferred. 3 1 Sec. 2. Section 602.6304, subsection 3, Code Supplement 3 2 2003, is amended to read as follows: 3 3 3. Within thirty days after a county magistrate appointing 3 4 commission receives notification of an actual or impending 3 5 vacancy in the office of district associate judge, other than 3 6 a vacancy referred to in subsection 2, the commission shall 3 7 certify to the chief judge of the judicial district the names 3 8 of three applicants who are nominated by the commission for 3 9 the vacancy, unless the chief justice has ordered the 3 10 commission to delay the certification of the nominees to the 3 11 chief judge. The chief justice may order the delay of the 3 12 certification for up to one hundred eighty days for budgetary 3 13 reasons. The commission shall publicize notice of the vacancy 3 14 in at least two publications in the official county newspaper. 3 15 The commission shall accept applications for consideration for 3 16 nomination as district associate judge for a minimum of 3 17 fifteen days prior to certifying nominations. The commission 3 18 shall consider the applications and shall, by majority vote, 3 19 certify to the chief judge of the judicial district the names 3 20 of three applicants who are nominated by the commission for 3 21 the vacancy. If there are three or fewer applicants the 3 22 commission shall certify all applicants who meet the statutory 3 23 qualifications. Nominees shall be chosen solely on the basis 3 24 of the qualifications of the applicants, and political 3 25 affiliation shall not be considered. As used in this 3 26 subsection, a vacancy is created by the death, retirement, 3 27 resignation, or removal of a district associate judge, or by 3 28 an increase in the number of positions authorized. In 3 29 addition, if a vacancy occurs because a district associate 3 30 judge is apportioned pursuant to section 602.6301, the vacancy 3 31 is considered to have occurred in the judicial election 3 32 district receiving the apportioned district associate judge. 3 33 Sec. 3. Section 602.6305, subsection 3, Code Supplement 3 34 2003, is amended to read as follows: 3 35 3. A district associate judge must be a resident of a 4 1 county in which the office is held during the entire term of 4 2 office, unless the district associate judge is voluntarily 4 3 transferred pursuant to section 602.6301, subsection 3. A 4 4 district associate judge shall serve within the judicial 4 5 district in which appointed or transferred, as directed by the 4 6 chief judge, and is subject to reassignment under section 4 7 602.6108. 4 8 Sec. 4. Section 602.6404, subsections 1 and 3, Code 2003, 4 9 are amended to read as follows: 4 10 1. A magistrate shall be a resident of the county of 4 11 appointment or a contiguous county to the county of 4 12 appointment within thirty days of appointment, and shall 4 13 reside in the county of appointment or a contiguous county to 4 14 the county of appointment during the magistrate's term of 4 15 office. A magistrate shall serve within the judicial district 4 16 in which appointed, as directed by the chief judge, provided 4 17 that the chief judge may assign a magistrate to hold court 4 18 outside of the county of the magistrate's residence for the 4 19 orderly administration of justice. A magistrate is subject to 4 20 reassignment under section 602.6108. 4 21 3. A personis not required tomust be admitted to the 4 22 practice of law in this state as a condition of being 4 23 appointed to the office of magistrate, but the magistrate4 24appointing commission shall first consider applicants who are4 25admitted to practice law in this state when selecting persons4 26for the office of magistrate. However, any nonlawyer 4 27 magistrate serving as a magistrate on July 1, 2004, may 4 28 continue to serve as a magistrate and is eligible to reapply 4 29 for appointment pursuant to section 602.6403. 4 30 Sec. 5. Section 602.7103B, subsection 3, Code Supplement 4 31 2003, is amended to read as follows: 4 32 3. Within thirty days after a county magistrate appointing 4 33 commission receives notification of an actual or impending 4 34 vacancy in the office of full-time associate juvenile judge, 4 35 other than a vacancy referred to in subsection 2, the 5 1 commission shall certify to the chief judge of the judicial 5 2 district the names of three applicants who are nominated by 5 3 the commission for the vacancy, unless the chief justice has 5 4 ordered the commission to delay the certification of the 5 5 nominees to the chief judge. The chief justice may order the 5 6 delay of the certification for up to one hundred eighty days 5 7 for budgetary reasons. The commission shall publicize notice 5 8 of the vacancy in at least two publications in the official 5 9 county newspaper. The commission shall accept applications 5 10 for consideration for nomination as full-time associate 5 11 juvenile judge for a minimum of fifteen days prior to 5 12 certifying nominations. The commission shall consider the 5 13 applications and shall, by majority vote, certify to the chief 5 14 judge of the judicial district the names of three applicants 5 15 who are nominated by the commission for the vacancy. If there 5 16 are three or fewer applicants, the commission shall certify 5 17 all applicants who meet the statutory qualifications. 5 18 Nominees shall be chosen solely on the basis of the 5 19 qualifications of the applicants, and political affiliation 5 20 shall not be considered. As used in this subsection, a 5 21 vacancy is created by the death, retirement, resignation, or 5 22 removal of a full-time associate juvenile judge, or by an 5 23 increase in the number of positions authorized. In addition, 5 24 if a vacancy occurs because an associate juvenile judge is 5 25 apportioned pursuant to subsection 5A, the vacancy is 5 26 considered to have occurred in the judicial election district 5 27 receiving the apportioned associate juvenile judge. 5 28 Sec. 6. Section 602.7103B, Code Supplement 2003, is 5 29 amended by adding the following new subsections: 5 30 NEW SUBSECTION. 5A. If a vacancy in an associate juvenile 5 31 judgeship occurs, and the chief justice of the supreme court 5 32 makes a finding that a substantial disparity exists in the 5 33 allocation of associate juvenile judgeships and associate 5 34 juvenile judge workloads between judicial election districts, 5 35 the chief justice may apportion the associate juvenile 6 1 judgeship from the judicial election district where the 6 2 vacancy occurs to another judicial election district based 6 3 upon the substantial disparity finding. However, an associate 6 4 judgeship shall not be apportioned pursuant to this subsection 6 5 unless a majority of the judicial council approves the 6 6 apportionment. 6 7 NEW SUBSECTION. 5B. If the chief justice of the supreme 6 8 court determines a substantial disparity exists in the 6 9 allocation of associate juvenile judgeships and associate 6 10 juvenile judge workloads between judicial election districts, 6 11 the chief justice may authorize a voluntary permanent transfer 6 12 of an associate juvenile judge from one judicial election 6 13 district to another upon approval by a majority of the 6 14 judicial council. After approval by the judicial council, the 6 15 chief justice shall notify all eligible associate juvenile 6 16 judges of the intent to seek applicants for a voluntary 6 17 permanent transfer and the terms of such a transfer. An 6 18 associate juvenile judge is not eligible for a voluntary 6 19 transfer unless the judge has served a regular term of office 6 20 as specified in section 46.16. Upon approval of the judge's 6 21 application, the chief justice may transfer an associate 6 22 juvenile judge who consents to the transfer within six months 6 23 of the notification. The transfer of an associate juvenile 6 24 judge shall take effect within sixty days of the official 6 25 announcement of the transfer by the chief justice. An 6 26 associate juvenile judge transferred pursuant to this 6 27 subsection shall have six months from the date of the 6 28 announcement of the transfer to establish residency in the 6 29 judicial election district where the associate juvenile judge 6 30 is transferred. An associate juvenile judge who has been 6 31 transferred shall stand for retention in the judicial election 6 32 district to which the associate juvenile judge has been 6 33 transferred as provided in chapter 46. A voluntary transfer 6 34 pursuant to this subsection shall not cause a vacancy of a 6 35 judgeship in the judicial election district from which the 7 1 associate juvenile judge was transferred. 7 2 Sec. 7. Section 602.7103C, subsection 3, Code 2003, is 7 3 amended to read as follows: 7 4 3. A full-time associate juvenile judge must be a resident 7 5 of a county in which the office is held during the entire term 7 6 of office, unless the associate juvenile judge voluntarily 7 7 transfers pursuant to section 602.7103B, subsection 5B. A 7 8 full-time associate juvenile judge shall serve within the 7 9 judicial district in which appointed or transferred, as 7 10 directed by the chief judge, and is subject to reassignment 7 11 under section 602.6108. 7 12 EXPLANATION 7 13 This bill relates to the transfer and apportionment of 7 14 district associate judges and associate juvenile judges, and 7 15 to the qualifications of magistrates. 7 16 The bill provides that if a vacancy in a district associate 7 17 judgeship occurs, and the chief justice makes a finding that a 7 18 substantial disparity exists in the allocation of district 7 19 associate judgeships and district associate judicial workloads 7 20 between judicial election districts, the chief justice may 7 21 apportion the vacant district associate judgeship to another 7 22 judicial election district if a majority of the judicial 7 23 council approves the apportionment. 7 24 Also under the bill, if the chief justice has determined 7 25 that a substantial disparity exists, the chief justice may 7 26 also authorize a voluntary permanent transfer of a district 7 27 associate judge from one judicial election district to 7 28 another, upon approval of a majority of the judicial council. 7 29 A judge who voluntarily transfers shall establish residency in 7 30 the new judicial election district within six months of the 7 31 transfer and shall stand for retention in the new judicial 7 32 election district. A district associate judge is not eligible 7 33 for a voluntary transfer unless the judge has served a regular 7 34 term of office. 7 35 The provisions of the bill relating to the apportionment of 8 1 a district associate judge to another judicial election 8 2 district and to the voluntary transfer of a district associate 8 3 judge also apply to associate juvenile judges. 8 4 The bill also requires that any newly appointed magistrates 8 5 be an attorney; provided, however, that current nonlawyer 8 6 magistrates would not lose their position as a result of this 8 7 change and would be eligible to apply and be reappointed as a 8 8 magistrate in the future. 8 9 The bill permits an applicant to be a resident of another 8 10 county when applying for a magistrate position, but the 8 11 applicant must be a resident of the county of appointment or a 8 12 county contiguous to the county of appointment within 30 days 8 13 of appointment. 8 14 LSB 5127HV 80 8 15 jm/gg/14
Text: HF02457 Text: HF02459 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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