Text: SF00304 Text: SF00306 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 602.6201, subsections 4, 5, and 6, Code 1 2 2003, are amended to read as follows: 1 3 4. For purposes of this section, a vacancy means the 1 4 death, resignation, retirement, or removal of a district 1 5 judge, or the failure of a district judge to be retained in 1 6 office at the judicial election,oran increase in judgeships 1 7 under this section, or a judicial election district with fewer 1 8 district judges than the number of judgeships specified under 1 9 the formula in subsection 3. 1 10 5.In those judicial election districts having more1 11district judges than the number of judgeships specified by the1 12formula in subsection 3, vacancies shall not be filledIf a 1 13 vacancy in a judgeship occurs, the judgeship shall be 1 14 apportioned to the judicial election district having the 1 15 greatest numerical disparity between authorized judgeships and 1 16 judgeships specified by the formula in subsection 3, as 1 17 calculated by the state court administrator. If two or more 1 18 judicial election districts have an equal numerical disparity 1 19 between authorized judgeships and judgeships specified by the 1 20 formula, the judgeship shall be apportioned to the judicial 1 21 election district with greatest percentage of need in terms of 1 22 authorized judgeships filled and judgeships specified by the 1 23 formula as calculated by the state court administrator. 1 24 6.In those judicial election districts having fewer or1 25the same number of district judges as the number of judgeships1 26specified by the formula in subsection 3, vacancies in the1 27number of district judges shall be filled as they occur.1 28 Notwithstanding any other provision of the Code to the 1 29 contrary, if the chief justice of the supreme court determines 1 30 an inequity exists in the allocation of judgeships and 1 31 judicial workload between judicial election districts, the 1 32 chief justice may authorize a voluntary permanent transfer of 1 33 a district judge from one judicial election district to 1 34 another. The chief justice shall notify all eligible district 1 35 judges of the intent to authorize a voluntary permanent 2 1 transfer and the terms of such a transfer. The chief justice 2 2 may transfer a district judge who consents to the transfer 2 3 within six months of the notification. The transfer of a 2 4 district judge shall take effect within sixty days of the 2 5 official announcement of the transfer by the chief justice. A 2 6 district judge transferred pursuant to this subsection shall 2 7 have six months from the date of the announcement of the 2 8 transfer to establish residency in the judicial election 2 9 district where the district judge is transferred. A district 2 10 judge who has been transferred shall stand for retention in 2 11 the judicial election district to which the district judge has 2 12 been transferred as provided in chapter 46. For purposes of 2 13 subsection 3, the judgeship shall be apportioned to the 2 14 judicial election district where the judge is transferred. A 2 15 voluntary transfer pursuant to this subsection shall not cause 2 16 a vacancy of a judgeship in the judicial election district 2 17 from which the district judge was transferred. 2 18 Sec. 2. Section 602.6201, subsection 7, Code 2003, is 2 19 amended by striking the subsection. 2 20 Sec. 3. Section 602.6201, subsection 8, Code 2003, is 2 21 amended to read as follows: 2 22 8.Vacancies shall not be filled in a judicial election2 23district which becomes entitled to fewer judgeships under2 24subsection 3, but anAn incumbent district judge shall not be 2 25 removed from office because of a reduction in the number of 2 26 authorized judgeships. 2 27 EXPLANATION 2 28 This bill relates to the apportionment or transfer of a 2 29 judgeship among judicial election districts. 2 30 The bill provides that if the chief justice of the supreme 2 31 court determines an inequity exists in the allocation of 2 32 judgeships and judicial workload between judicial election 2 33 districts, the chief justice may authorize a voluntary 2 34 permanent transfer of a district judge from one judicial 2 35 election district to another. The chief justice shall notify 3 1 all eligible district judges of the intent to authorize a 3 2 voluntary transfer. The chief justice may permanently 3 3 transfer a district judge who consents to the transfer within 3 4 six months of the notification to authorize such a transfer. 3 5 The bill provides that the transfer of a district judge shall 3 6 take effect within 60 days of the official announcement of the 3 7 transfer. Under the bill a district judge who transfers shall 3 8 establish a residency in the new judicial election district 3 9 within six months of the official announcement of the 3 10 transfer. A district judge who is transferred shall stand for 3 11 retention in the new judicial election district. 3 12 The bill requires a vacant judgeship to be apportioned to 3 13 the judicial election district having the greatest numerical 3 14 disparity between authorized judgeships and judgeships 3 15 specified by the formula in Code section 602.6201, subsection 3 16 3. The bill provides that if two or more judicial election 3 17 districts have an equal numerical disparity between authorized 3 18 judgeships and judgeships specified by the formula, the 3 19 judgeship shall be apportioned to the judicial election 3 20 district with the greatest percentage of need in terms of 3 21 authorized judgeships filled and judgeships specified by the 3 22 formula as calculated by the state court administrator. 3 23 LSB 2566SS 80 3 24 jm/cl/14
Text: SF00304 Text: SF00306 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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