Text: HSB00156 Text: HSB00158 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 46.12, unnumbered paragraph 1, Code 1 2 2003, is amended to read as follows: 1 3 When a vacancy occurs or will occur within one hundred 1 4 twenty days in the supreme court, the court of appeals, or 1 5 district court, the state commissioner of elections shall 1 6 forthwith so notify the chairperson of the proper judicial 1 7 nominating commission, unless the chief justice has ordered 1 8 the state commissioner of elections to delay sending the 1 9 notification. The chief justice may order the delay for up to 1 10 one hundred eighty days for budgetary reasons. The 1 11 chairperson shall call a meeting of the commission within ten 1 12 days after such notice; if the chairperson fails to do so, the 1 13 chief justice shall call such meeting. 1 14 Sec. 2. Section 46.14, Code 2003, is amended to read as 1 15 follows: 1 16 46.14 NOMINATION. 1 17 1. Each judicial nominating commission shall carefully 1 18 consider the individuals available for judge, and within sixty 1 19 days after receiving notice of a vacancy shall certify to the 1 20 governor and the chief justice the proper number of nominees, 1 21 in alphabetical order. Such nominees shall be chosen by the 1 22 affirmative vote of a majority of the full statutory number of 1 23 commissioners upon the basis of their qualifications and 1 24 without regard to political affiliation. Nominees shall be 1 25 members of the bar of Iowa, shall be residents of the state or 1 26 district of the court to which they are nominated, and shall 1 27 be of such age that they will be able to serve an initial and 1 28 one regular term of office to which they are nominated before 1 29 reaching the age of seventy-two years. Nominees for district 1 30 judge shall file a certified application form, to be provided 1 31 by the supreme court, with the chairperson of the district 1 32 judicial nominating commission.No person shall be eligible1 33for nomination by a commission as judge during the term for1 34which the person was elected or appointed to that commission.1 35 Absence of a commissioner or vacancy upon the commission shall 2 1 not invalidate a nomination. The chairperson of the 2 2 commission shall promptly certify the names of the nominees, 2 3 in alphabetical order, to the governor and the chief justice. 2 4 2. A commissioner shall not be eligible for nomination by 2 5 the commission during the term for which the commissioner was 2 6 elected or appointed to that commission. A commissioner shall 2 7 not be eligible to vote for the nomination of a family member, 2 8 current or former law partner, or current or former business 2 9 partner. For purposes of this subsection, "family member" 2 10 means a spouse, son, daughter, brother, sister, uncle, aunt, 2 11 first cousin, nephew, niece, father-in-law, mother-in-law, 2 12 son-in-law, daughter-in-law, brother-in-law, sister-in-law, 2 13 father, mother, stepfather, stepmother, stepson, stepdaughter, 2 14 stepbrother, stepsister, half brother, or half sister. 2 15 Sec. 3. Section 602.1217, subsection 1, Code 2003, is 2 16 amended to read as follows: 2 17 1. Thedistrict judges within a judicial district, by2 18majority vote,chief judge of the judicial district shall 2 19 appoint a chief juvenile court officer and may remove the 2 20 officer for cause. 2 21 Sec. 4. Section 602.1501, subsection 4, Code 2003, is 2 22 amended to read as follows: 2 23 4. District associate judges shall receive the salary set 2 24 by the general assembly.However, an alternate district2 25associate judge whose appointment is authorized under section2 26602.6303 shall receive a salary for each day of actual duty2 27equal to a district associate judge's daily salary.2 28 Sec. 5. Section 602.1604, Code 2003, is amended to read as 2 29 follows: 2 30 602.1604 JUDGES SHALL NOT PRACTICE LAW. 2 31 While holding office, a supreme court justice, court of 2 32 appeals judge, district judge, or district associate judge 2 33 shall not practice as an attorney or counselor or give advice 2 34 in relation to any action pending or about to be brought in 2 35 any of the courts of the state.A person whose appointment as3 1an alternate district associate judge is authorized under3 2section 602.6303 may practice law except when actually serving3 3as a district associate judge.3 4 Sec. 6. Section 602.1611, subsection 2, Code 2003, is 3 5 amended by striking the subsection. 3 6 Sec. 7. Section 602.6201, subsection 5, Code 2003, is 3 7 amended to read as follows: 3 8 5.In those judicial election districts having more3 9district judges than the number of judgeships specified by the3 10formula in subsection 3, vacancies shall not be filledIf a 3 11 vacancy in a judgeship occurs, the judgeship shall be 3 12 apportioned to the judicial election district having the 3 13 greatest numerical disparity between authorized judgeships and 3 14 judgeships specified by the formula in subsection 3, as 3 15 calculated by the state court administrator. If two or more 3 16 judicial election districts have an equal numerical disparity 3 17 between authorized judgeships and judgeships specified by the 3 18 formula, the judgeship shall be apportioned to the judicial 3 19 election district with greatest percentage of need in terms of 3 20 authorized judgeships filled and judgeships specified by the 3 21 formula as calculated by the state court administrator. 3 22 Sec. 8. Section 602.6201, subsections 6 and 7, Code 2003, 3 23 are amended by striking the subsections. 3 24 Sec. 9. Section 602.6201, subsection 8, Code 2003, is 3 25 amended to read as follows: 3 26 8.Vacancies shall not be filled in a judicial election3 27district which becomes entitled to fewer judgeships under3 28subsection 3, but anAn incumbent district judge shall not be 3 29 removed from office because of a reduction in the number of 3 30 authorized judgeships. 3 31 Sec. 10. Section 602.6301, Code 2003, is amended to read 3 32 as follows: 3 33 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 3 34 JUDGES. 3 35 There shall be one district associate judge in counties 4 1 having a population of more than thirty-five thousand and less 4 2 than eighty thousand; two in counties having a population of 4 3 eighty thousand or more and less than one hundred twenty-five 4 4 thousand; three in counties having a population of one hundred 4 5 twenty-five thousand or more and less than two hundred 4 6 thousand; four in counties having a population of two hundred 4 7 thousand or more and less than two hundred thirty-five 4 8 thousand; five in counties having a population of two hundred 4 9 thirty-five thousand or more and less than two hundred seventy 4 10 thousand; six in counties having a population of two hundred 4 11 seventy thousand or more and less than three hundred five 4 12 thousand; and seven in counties having a population of three 4 13 hundred five thousand or more. However, a county shall not 4 14 lose a district associate judgeship solely because of a 4 15 reduction in the county's population. If the formula provided 4 16 in this section results in the allocation of an additional 4 17 district associate judgeship to a county, implementation of 4 18 the allocation shall be subject to prior approval of the 4 19 supreme court and availability of funds to the judicial 4 20 branch. A district associate judge appointed pursuant to 4 21 section 602.6302or 602.6303shall not be counted for purposes 4 22 of this section. 4 23 Sec. 11. Section 602.6304, subsections 1, 2, and 3, Code 4 24 2003, are amended to read as follows: 4 25 1. The district associate judges authorized by sections 4 26 602.6301,and 602.6302, and 602.6303shall be appointed by the 4 27 district judges of the judicial election district from persons 4 28 nominated by the county magistrate appointing commission. In 4 29 the case of a district associate judge to be appointed to more 4 30 than one county, the appointment shall be from persons 4 31 nominated by the county magistrate appointing commissions 4 32 acting jointly and in the case of a district associate judge 4 33 to be appointed to more than one judicial election district of 4 34 the same judicial district, the appointment shall be by a 4 35 majority of the district judges in each judicial election 5 1 district. 5 2 2. In November of any year in which an impending vacancy 5 3 is created because a district associate judge is not retained 5 4 in office pursuant to a judicial election, the county 5 5 magistrate appointing commission shall publicize notice of the 5 6 vacancy in at least two publications in the official county 5 7 newspaper. The commission shall accept applications for 5 8 consideration for nomination as district associate judge for a 5 9 minimum of fifteen days prior to certifying nominations. The 5 10 commission shall consider the applications and shall, by 5 11 majority vote, certify to the chief judge of the judicial 5 12 district not later than December 15 of that year the names of 5 13 three applicants who are nominated by the commission for the 5 14 vacancy, unless the chief justice has ordered the commission 5 15 to delay the certification of the nominees to the chief judge. 5 16 The chief justice may order the delay of the certification for 5 17 up to one hundred eighty days for budgetary reasons. If there 5 18 are three or fewer applicants the commission shall certify all 5 19 applicants who meet the statutory qualifications. Nominees 5 20 shall be chosen solely on the basis of the qualifications of 5 21 the applicants, and political affiliation shall not be 5 22 considered. 5 23 3. Within thirty days after a county magistrate appointing 5 24 commission receives notification of an actual or impending 5 25 vacancy in the office of district associate judge, other than 5 26 a vacancy referred to in subsection 2, the commission shall 5 27 certify to the chief judge of the judicial district the names 5 28 of three applicants who are nominated by the commission for 5 29 the vacancy, unless the chief justice has ordered the 5 30 commission to delay the certification of the nominees to the 5 31 chief judge. The chief justice may order the delay of the 5 32 certification for up to one hundred eighty days for budgetary 5 33 reasons. The commission shall publicize notice of the vacancy 5 34 in at least two publications in the official county newspaper. 5 35 The commission shall accept applications for consideration for 6 1 nomination as district associate judge for a minimum of 6 2 fifteen days prior to certifying nominations. The commission 6 3 shall consider the applications and shall, by majority vote, 6 4 certify to the chief judge of the judicial district the names 6 5 of three applicants who are nominated by the commission for 6 6 the vacancy. If there are three or fewer applicants the 6 7 commission shall certify all applicants who meet the statutory 6 8 qualifications. Nominees shall be chosen solely on the basis 6 9 of the qualifications of the applicants, and political 6 10 affiliation shall not be considered. As used in this 6 11 subsection, a vacancy is created by the death, retirement, 6 12 resignation, or removal of a district associate judge, or by 6 13 an increase in the number of positions authorized. 6 14 Sec. 12. Section 602.6403, subsection 3, Code 2003, is 6 15 amended to read as follows: 6 16 3. Within thirty days following receipt of notification of 6 17 a vacancy in the office of magistrate, the commission shall 6 18 appoint a person to the office to serve the remainder of the 6 19 unexpired term, unless the chief justice has ordered the 6 20 commission to delay the appointment for up to one hundred 6 21 eighty days for budgetary reasons. For purposes of this 6 22 section, vacancy means a death, resignation, retirement, or 6 23 removal of a magistrate, or an increase in the number of 6 24 positions authorized. 6 25 Sec. 13. Section 602.6405, subsection 1, Code 2003, is 6 26 amended to read as follows: 6 27 1. Magistrates have jurisdiction of simple misdemeanors, 6 28 including traffic and ordinance violations, and preliminary 6 29 hearings, search warrant proceedings, county and municipal 6 30 infractions, and small claims. Magistrates have jurisdiction 6 31 to determine the disposition of livestock or another animal, 6 32 as provided in sections 717.5 and 717B.4, if the magistrate 6 33 determines the value of the livestock or animal is less than 6 34 ten thousand dollars. Magistrates have jurisdiction to 6 35 exercise the powers specified in sections 556F.2 and 556F.12, 7 1 and to hear complaints or preliminary informations, issue 7 2 warrants, order arrests, make commitments, and take bail. 7 3 Magistrates have jurisdiction over violations of section 7 4 123.49, subsection 2, paragraph "h". Magistrateswho are7 5admitted to the practice of law in this statehave 7 6 jurisdiction over all proceedings for the involuntary 7 7 commitment, treatment, or hospitalization of individuals under 7 8 chapters 125 and 229, except as otherwise provided under 7 9 section 229.6A;nonlawyer magistrates have jurisdictionand 7 10 over emergencydetention and hospitalization proceedings under7 11sections 125.91 and 229.22proceedings under chapter 236. 7 12 Magistrates have jurisdiction to conduct hearings authorized 7 13 under section 809.4. 7 14 Sec. 14. Section 602.7103B, subsections 2 and 3, Code 7 15 2003, are amended to read as follows: 7 16 2. In November of any year in which an impending vacancy 7 17 is created because a full-time associate juvenile judge is not 7 18 retained in office pursuant to a judicial election, the county 7 19 magistrate appointing commission shall publicize notice of the 7 20 vacancy in at least two publications in the official county 7 21 newspaper. The commission shall accept applications for 7 22 consideration for nomination as full-time associate juvenile 7 23 judge for a minimum of fifteen days prior to certifying 7 24 nominations. The commission shall consider the applications 7 25 and shall, by majority vote, certify to the chief judge of the 7 26 judicial district not later than December 15 of that year the 7 27 names of three applicants who are nominated by the commission 7 28 for the vacancy, unless the chief justice has ordered the 7 29 commission to delay the certification of the nominees to the 7 30 chief judge. The chief justice may order the delay of the 7 31 certification for up to one hundred eighty days for budgetary 7 32 reasons. If there are three or fewer applicants, the 7 33 commission shall certify all applicants who meet the statutory 7 34 qualifications. Nominees shall be chosen solely on the basis 7 35 of the qualifications of the applicants, and political 8 1 affiliation shall not be considered. 8 2 3. Within thirty days after a county magistrate appointing 8 3 commission receives notification of an actual or impending 8 4 vacancy in the office of full-time associate juvenile judge, 8 5 other than a vacancy referred to in subsection 2, the 8 6 commission shall certify to the chief judge of the judicial 8 7 district the names of three applicants who are nominated by 8 8 the commission for the vacancy, unless the chief justice has 8 9 ordered the commission to delay the certification of the 8 10 nominees to the chief judge. The chief justice may order the 8 11 delay of the certification for up to one hundred eighty days 8 12 for budgetary reasons. The commission shall publicize notice 8 13 of the vacancy in at least two publications in the official 8 14 county newspaper. The commission shall accept applications 8 15 for consideration for nomination as full-time associate 8 16 juvenile judge for a minimum of fifteen days prior to 8 17 certifying nominations. The commission shall consider the 8 18 applications and shall, by majority vote, certify to the chief 8 19 judge of the judicial district the names of three applicants 8 20 who are nominated by the commission for the vacancy. If there 8 21 are three or fewer applicants, the commission shall certify 8 22 all applicants who meet the statutory qualifications. 8 23 Nominees shall be chosen solely on the basis of the 8 24 qualifications of the applicants, and political affiliation 8 25 shall not be considered. As used in this subsection, a 8 26 vacancy is created by the death, retirement, resignation, or 8 27 removal of a full-time associate juvenile judge, or by an 8 28 increase in the number of positions authorized. 8 29 Sec. 15. Section 633.20B, subsections 2 and 3, Code 2003, 8 30 is amended to read as follows: 8 31 2. In November of any year in which an impending vacancy 8 32 is created because a full-time associate probate judge is not 8 33 retained in office pursuant to a judicial election, the county 8 34 magistrate appointing commission shall publicize notice of the 8 35 vacancy in at least two publications in the official county 9 1 newspaper. The commission shall accept applications for 9 2 consideration for nomination as full-time associate probate 9 3 judge for a minimum of fifteen days prior to certifying 9 4 nominations. The commission shall consider the applications 9 5 and shall, by majority vote, certify to the chief judge of the 9 6 judicial district not later than December 15 of that year the 9 7 names of three applicants who are nominated by the commission 9 8 for the vacancy, unless the chief justice has ordered the 9 9 commission to delay the certification of the nominees to the 9 10 chief judge. The chief justice may order the delay of the 9 11 certification for up to one hundred eighty days for budgetary 9 12 reasons. If there are three or fewer applicants, the 9 13 commission shall certify all applicants who meet the statutory 9 14 qualifications. Nominees shall be chosen solely on the basis 9 15 of the qualifications of the applicants, and political 9 16 affiliation shall not be considered. 9 17 3. Within thirty days after a county magistrate appointing 9 18 commission receives notification of an actual or impending 9 19 vacancy in the office of full-time associate probate judge, 9 20 other than a vacancy referred to in subsection 2, the 9 21 commission shall certify to the chief judge of the judicial 9 22 district the names of three applicants who are nominated by 9 23 the commission for the vacancy, unless the chief justice has 9 24 ordered the commission to delay the certification of the 9 25 nominees to the chief judge. The chief justice may order the 9 26 delay of the certification for up to one hundred eighty days 9 27 for budgetary reasons. The commission shall publicize notice 9 28 of the vacancy in at least two publications in the official 9 29 county newspaper. The commission shall accept applications 9 30 for consideration for nomination as full-time associate 9 31 probate judge for a minimum of fifteen days prior to 9 32 certifying nominations. The commission shall consider the 9 33 applications and shall, by majority vote, certify to the chief 9 34 judge of the judicial district the names of three applicants 9 35 who are nominated by the commission for the vacancy. If there 10 1 are three or fewer applicants, the commission shall certify 10 2 all applicants who meet the statutory qualifications. 10 3 Nominees shall be chosen solely on the basis of the 10 4 qualifications of the applicants, and political affiliation 10 5 shall not be considered. As used in this subsection, a 10 6 vacancy is created by the death, retirement, resignation, or 10 7 removal of a full-time associate probate judge, or by an 10 8 increase in the number of positions authorized. 10 9 Sec. 16. Section 602.6303, Code 2003, is repealed. 10 10 EXPLANATION 10 11 This bill relates to procedures for appointing judgeships 10 12 and magistrates and to the apportionment of judgeships among 10 13 judicial election districts. 10 14 The amendment to Code section 46.12 permits the chief 10 15 justice of the supreme court to delay, by up to 180 days, the 10 16 nomination process of a judge for appointment to the Iowa 10 17 supreme court, court of appeals, or district court for 10 18 budgetary reasons. Current law requires that nominees to the 10 19 supreme court, court of appeals, or district court be 10 20 certified to the governor for appointment within 60 days of 10 21 the nominating commission receiving notice of a vacancy. 10 22 The amendment to Code section 46.14 also prohibits a member 10 23 of a judicial nominating commission from nominating a family 10 24 member, current or former law partner, or business partner, 10 25 for a judgeship. 10 26 The amendment to Code section 602.1217 changes the method 10 27 in which a chief juvenile court officer is appointed. The 10 28 bill permits the chief judge to appoint the chief juvenile 10 29 court officer and to remove the officer for cause. The chief 10 30 juvenile officer under current law is appointed by a majority 10 31 vote of all the district court judges in the judicial 10 32 district. 10 33 The amendments to Code sections 602.1501, 602.1604, 10 34 602.1611, 602.6301, 602.6303, and 602.6304 eliminate the 10 35 position of alternate district associate judge. Current law 11 1 provides that if a county has only one district associate 11 2 judge, an alternate district associate judge may be appointed. 11 3 An alternate district associate judge under current law may 11 4 practice law except when actually serving as an alternate 11 5 district associate judge. 11 6 The amendments to Code section 602.6201 require a newly 11 7 vacant judgeship to be apportioned to the judicial election 11 8 district having the greatest numerical disparity between 11 9 authorized judgeships and judgeships specified by the formula 11 10 in Code section 602.6201, subsection 3. The bill provides 11 11 that if two or more judicial election districts have an equal 11 12 numerical disparity between authorized judgeships and 11 13 judgeships specified by the formula, the judgeship shall be 11 14 apportioned to the judicial election district with the 11 15 greatest percentage of need in terms of authorized judgeships 11 16 filled and judgeships specified by the formula as calculated 11 17 by the state court administrator. 11 18 The amendments to Code sections 602.6304, 602.6403, 11 19 602.7103B, and 633.20B also permit the chief justice of the 11 20 supreme court for budgetary reasons to delay, by up to 180 11 21 days, the appointment process to fill a vacancy for a district 11 22 associate judge, magistrate, full-time associate juvenile 11 23 judge, or probate judge. 11 24 The amendment to Code section 602.6405 expands the 11 25 jurisdiction of magistrates, including magistrates who have 11 26 not been admitted to the practice of law in the state. The 11 27 bill permits a magistrate who has not been admitted to the 11 28 practice of law to have jurisdiction in all mental health or 11 29 substance abuse commitment or treatment proceedings in Code 11 30 chapter 125 or 229 except for juveniles. The bill also 11 31 provides that all magistrates have jurisdiction over emergency 11 32 proceedings in domestic abuse cases under Code chapter 236. A 11 33 magistrate does not have jurisdiction in domestic abuse- 11 34 related cases in Code chapter 236 under current law. 11 35 LSB 1207DP 80 12 1 jm/sh/8
Text: HSB00156 Text: HSB00158 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Feb 19 02:30:14 CST 2003
URL: /DOCS/GA/80GA/Legislation/HSB/00100/HSB00157/030218.html
jhf