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