Text: SF00304                           Text: SF00306
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 305

Partial Bill History

Bill Text

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, or an 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 more
  1 11 district judges than the number of judgeships specified by the
  1 12 formula in subsection 3, vacancies shall not be filled If 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 or
  1 25 the same number of district judges as the number of judgeships
  1 26 specified by the formula in subsection 3, vacancies in the
  1 27 number 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 election
  2 23 district which becomes entitled to fewer judgeships under
  2 24 subsection 3, but an An 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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