Text: HSB00077                          Text: HSB00079
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 78

Bill Text

PAG LIN
  1  1    Section 1.  Section 602.1215, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  The district judges chief judge of each judicial
  1  4 election district shall by majority vote appoint persons to
  1  5 serve as clerks of the district court, one for each county
  1  6 within the judicial election district within the judicial
  1  7 district.  There shall not be more than one clerk of the
  1  8 district court for each county in the district.  However, the
  1  9 chief judge may appoint a person to serve as clerk of the
  1 10 district court for more than one county.  A person does not
  1 11 qualify for appointment to the office of clerk of the district
  1 12 court unless the person is at the time of application a
  1 13 resident of the state.  Within three months of appointment the
  1 14 clerk of the district court must establish residence and
  1 15 physically reside in the county.  A clerk of the district
  1 16 court may be removed from office for cause by a majority vote
  1 17 of the district judges the chief judge of the judicial
  1 18 election district.  Before removal, the clerk of the district
  1 19 court shall be notified of the cause for removal.  
  1 20                           EXPLANATION
  1 21    This bill relates to the clerk of the district court by
  1 22 changing the method of appointment and removal, by permitting
  1 23 a clerk to serve in more than one county, and by eliminating
  1 24 certain residency requirements.
  1 25    The bill changes the method by which the clerk of the
  1 26 district court is appointed.  The bill permits the chief judge
  1 27 of each judicial district to appoint the clerk of the district
  1 28 court and remove the clerk for cause.  The clerk under current
  1 29 law is appointed by a majority vote of all the district court
  1 30 judges in the judicial election district, and removed by
  1 31 majority vote.
  1 32    The bill eliminates the requirement that a clerk of the
  1 33 district court be appointed for each county in the judicial
  1 34 election district.  The bill provides that a clerk of the
  1 35 district court may serve as clerk of court in more than one
  2  1 county.  The bill also eliminates the requirement that the
  2  2 clerk of the district court establish residence and physically
  2  3 reside in the county where the clerk is employed within three
  2  4 months of appointment.  However, the bill retains the
  2  5 provision that a person does not qualify for appointment to
  2  6 the clerk of the district court position unless the person is
  2  7 at the time of the application a resident of the state.  
  2  8 LSB 1208DP 80
  2  9 jm/sh/8
     

Text: HSB00077                          Text: HSB00079
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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