Text: HSB00692                          Text: HSB00694
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 693

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  602.6406  APPOINTMENT OF
  1  2 MAGISTRATES IN LIEU OF DISTRICT COURT, DISTRICT ASSOCIATE, OR
  1  3 ASSOCIATE JUVENILE JUDGE.
  1  4    1.  The chief judge of a judicial district may designate by
  1  5 order of substitution that magistrates be appointed in lieu of
  1  6 a district judge pursuant to section 602.6201, a district
  1  7 associate judge pursuant to section 602.6304, or an associate
  1  8 juvenile judge pursuant to section 602.7103B, subject to
  1  9 approval by the judicial council.
  1 10    2.  The substitution order shall designate which county
  1 11 each additional magistrate shall serve in and the magistrate
  1 12 shall be appointed pursuant to section 602.6403.
  1 13    3.  Notwithstanding section 602.6401, in a judicial
  1 14 district where a substitution order is in effect, up to three
  1 15 additional magistrates may be appointed in lieu of appointing
  1 16 a district judge, district associate judge, or associate
  1 17 juvenile judge.  A judicial district shall not have more than
  1 18 one substitution order pursuant to this section.
  1 19    4.  An order of substitution shall not take effect unless a
  1 20 copy of the order is received by the chairperson of the county
  1 21 magistrate appointing commission or commissions no later than
  1 22 May 31 of the year in which the substitution is to take
  1 23 effect.
  1 24    5.  Upon the chief judge entering an order of substitution
  1 25 pursuant to this section, a copy of the order shall be mailed
  1 26 to the appropriate nominating or appointing commission.  After
  1 27 receiving the order, the nominating or appointing commission
  1 28 shall not proceed with the nominating or certification process
  1 29 for the vacant judgeship designated in the substitution order.
  1 30 If the judicial council does not approve the substitution
  1 31 order, the judicial council shall notify the appropriate
  1 32 nominating or appointing commission that the substitution
  1 33 order was not approved and the commission may proceed with the
  1 34 nominating and certification process for the vacant judgeship.
  1 35    6.  A substitution order shall not have the effect of
  2  1 increasing or decreasing the number of district court,
  2  2 district associate, or associate juvenile judges apportioned
  2  3 or authorized by this chapter.
  2  4    7.  If a majority of the judicial council determines that a
  2  5 substitution is no longer desirable, then the substituted
  2  6 offices shall be terminated.  However, a reversion pursuant to
  2  7 this subsection, irrespective of cause, shall not take effect
  2  8 until the additional magistrates' terms of office expire.
  2  9 Upon the termination of office of the additional magistrates,
  2 10 a vacancy shall occur in the judgeship for which the
  2 11 additional magistrates were substituted pursuant to this
  2 12 section.  
  2 13                           EXPLANATION
  2 14    This bill relates to magistrates being appointed in lieu of
  2 15 a district court, district associate, or associate juvenile
  2 16 judge.
  2 17    The bill allows a chief judge to designate by an order of
  2 18 substitution that up to three magistrates be appointed in lieu
  2 19 of a district judge pursuant to Code section 602.6201, a
  2 20 district associate judge pursuant to Code section 602.6304, or
  2 21 an associate juvenile judge pursuant to Code section
  2 22 602.7103B, subject to approval by the judicial council.  The
  2 23 substitution order shall designate which county each
  2 24 additional magistrate shall serve in and the magistrate shall
  2 25 be appointed in the same manner as other magistrates pursuant
  2 26 to Code section 602.6403.
  2 27    The bill provides that if a majority of the judicial
  2 28 council determines that a substitution is no longer desirable,
  2 29 the substituted offices shall be terminated at the end of the
  2 30 term of the additional magistrates.  Upon the termination of
  2 31 office of the additional magistrates, a vacancy shall occur in
  2 32 the judgeship that the additional magistrates were substituted
  2 33 for under the bill.  
  2 34 LSB 5817HC 80
  2 35 jm/gg/14
     

Text: HSB00692                          Text: HSB00694
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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