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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 law partner, or current business partner. For 2 9 purposes of this subsection, "family member" means a spouse, 2 10 son, daughter, brother, sister, uncle, aunt, first cousin, 2 11 nephew, niece, father-in-law, mother-in-law, son-in-law, 2 12 daughter-in-law, brother-in-law, sister-in-law, father, 2 13 mother, stepfather, stepmother, stepson, stepdaughter, 2 14 stepbrother, stepsister, half brother, or half sister. 2 15 Sec. 3. Section 602.1501, subsection 4, Code 2003, is 2 16 amended to read as follows: 2 17 4. District associate judges shall receive the salary set 2 18 by the general assembly.However, an alternate district2 19associate judge whose appointment is authorized under section2 20602.6303 shall receive a salary for each day of actual duty2 21equal to a district associate judge's daily salary.2 22 Sec. 4. Section 602.1604, Code 2003, is amended to read as 2 23 follows: 2 24 602.1604 JUDGES SHALL NOT PRACTICE LAW. 2 25 While holding office, a supreme court justice, court of 2 26 appeals judge, district judge, or district associate judge 2 27 shall not practice as an attorney or counselor or give advice 2 28 in relation to any action pending or about to be brought in 2 29 any of the courts of the state.A person whose appointment as2 30an alternate district associate judge is authorized under2 31section 602.6303 may practice law except when actually serving2 32as a district associate judge.2 33 Sec. 5. Section 602.1611, subsection 2, Code 2003, is 2 34 amended by striking the subsection. 2 35 Sec. 6. Section 602.6201, subsections 5 and 6, Code 2003, 3 1 are amended to read as follows: 3 2 5.In those judicial election districts having more3 3district judges than the number of judgeships specified by the3 4formula in subsection 3, vacancies shall not be filled.3 5 Notwithstanding any other provision of the Code to the 3 6 contrary, if a vacancy in a judgeship occurs, and the chief 3 7 justice of the supreme court makes a finding that a 3 8 substantial disparity exists in the allocation of judgeships 3 9 and judicial workload between judicial election districts, the 3 10 chief justice may apportion the judgeship from the judicial 3 11 election district where the vacancy occurs to another judicial 3 12 election district based upon the substantial disparity 3 13 finding. However, a judgeship shall not be apportioned 3 14 pursuant to this section unless a majority of the judicial 3 15 council approves the apportionment. 3 16 6.In those judicial election districts having fewer or3 17the same number of district judges as the number of judgeships3 18specified by the formula in subsection 3, vacancies in the3 19number of district judges shall be filled as they occur.3 20 Notwithstanding any other provision of the Code to the 3 21 contrary, if the chief justice of the supreme court determines 3 22 a substantial disparity exists in the allocation of judgeships 3 23 and judicial workload between judicial election districts, the 3 24 chief justice may authorize a voluntary permanent transfer of 3 25 a district judge from one judicial election district to 3 26 another upon approval by a majority of the judicial council. 3 27 After approval by the judicial council, the chief justice 3 28 shall notify all eligible district judges of the intent to 3 29 seek applicants for a voluntary permanent transfer and the 3 30 terms of such a transfer. Upon approval of the judge's 3 31 application, the chief justice may transfer a district judge 3 32 who consents to the transfer within six months of the 3 33 notification. The transfer of a district judge shall take 3 34 effect within sixty days of the official announcement of the 3 35 transfer by the chief justice. A district judge transferred 4 1 pursuant to this subsection shall have six months from the 4 2 date of the announcement of the transfer to establish 4 3 residency in the judicial election district where the district 4 4 judge is transferred. A district judge who has been 4 5 transferred shall stand for retention in the judicial election 4 6 district to which the district judge has been transferred as 4 7 provided in chapter 46. For purposes of subsection 3, the 4 8 judgeship shall be apportioned to the judicial election 4 9 district where the judge is transferred. A voluntary transfer 4 10 pursuant to this subsection shall not cause a vacancy of a 4 11 judgeship in the judicial election district from which the 4 12 district judge was transferred. A district judge is not 4 13 eligible for a voluntary transfer unless the judge has served 4 14 a regular term of office as specified in section 46.16. 4 15 Sec. 7. Section 602.6201, subsection 7, Code 2003, is 4 16 amended by striking the subsection. 4 17 Sec. 8. Section 602.6201, subsection 8, Code 2003, is 4 18 amended to read as follows: 4 19 8.Vacancies shall not be filled in a judicial election4 20district which becomes entitled to fewer judgeships under4 21subsection 3, but anAn incumbent district judge shall not be 4 22 removed from office because of a reduction in the number of 4 23 authorized judgeships. 4 24 Sec. 9. Section 602.6301, Code 2003, is amended to read as 4 25 follows: 4 26 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 4 27 JUDGES. 4 28 There shall be one district associate judge in counties 4 29 having a population of more than thirty-five thousand and less 4 30 than eighty thousand; two in counties having a population of 4 31 eighty thousand or more and less than one hundred twenty-five 4 32 thousand; three in counties having a population of one hundred 4 33 twenty-five thousand or more and less than two hundred 4 34 thousand; four in counties having a population of two hundred 4 35 thousand or more and less than two hundred thirty-five 5 1 thousand; five in counties having a population of two hundred 5 2 thirty-five thousand or more and less than two hundred seventy 5 3 thousand; six in counties having a population of two hundred 5 4 seventy thousand or more and less than three hundred five 5 5 thousand; and seven in counties having a population of three 5 6 hundred five thousand or more. However, a county shall not 5 7 lose a district associate judgeship solely because of a 5 8 reduction in the county's population. If the formula provided 5 9 in this section results in the allocation of an additional 5 10 district associate judgeship to a county, implementation of 5 11 the allocation shall be subject to prior approval of the 5 12 supreme court and availability of funds to the judicial 5 13 branch. A district associate judge appointed pursuant to 5 14 section 602.6302or 602.6303shall not be counted for purposes 5 15 of this section. 5 16 Sec. 10. Section 602.6304, subsections 1, 2, and 3, Code 5 17 2003, are amended to read as follows: 5 18 1. The district associate judges authorized by sections 5 19 602.6301,and 602.6302, and 602.6303shall be appointed by the 5 20 district judges of the judicial election district from persons 5 21 nominated by the county magistrate appointing commission. In 5 22 the case of a district associate judge to be appointed to more 5 23 than one county, the appointment shall be from persons 5 24 nominated by the county magistrate appointing commissions 5 25 acting jointly and in the case of a district associate judge 5 26 to be appointed to more than one judicial election district of 5 27 the same judicial district, the appointment shall be by a 5 28 majority of the district judges in each judicial election 5 29 district. 5 30 2. In November of any year in which an impending vacancy 5 31 is created because a district associate judge is not retained 5 32 in office pursuant to a judicial election, the county 5 33 magistrate appointing commission shall publicize notice of the 5 34 vacancy in at least two publications in the official county 5 35 newspaper. The commission shall accept applications for 6 1 consideration for nomination as district associate judge for a 6 2 minimum of fifteen days prior to certifying nominations. The 6 3 commission shall consider the applications and shall, by 6 4 majority vote, certify to the chief judge of the judicial 6 5 district not later than December 15 of that year the names of 6 6 three applicants who are nominated by the commission for the 6 7 vacancy, unless the chief justice has ordered the commission 6 8 to delay the certification of the nominees to the chief judge. 6 9 The chief justice may order the delay of the certification for 6 10 up to one hundred eighty days for budgetary reasons. If there 6 11 are three or fewer applicants the commission shall certify all 6 12 applicants who meet the statutory qualifications. Nominees 6 13 shall be chosen solely on the basis of the qualifications of 6 14 the applicants, and political affiliation shall not be 6 15 considered. 6 16 3. Within thirty days after a county magistrate appointing 6 17 commission receives notification of an actual or impending 6 18 vacancy in the office of district associate judge, other than 6 19 a vacancy referred to in subsection 2, the commission shall 6 20 certify to the chief judge of the judicial district the names 6 21 of three applicants who are nominated by the commission for 6 22 the vacancy, unless the chief justice has ordered the 6 23 commission to delay the certification of the nominees to the 6 24 chief judge. The chief justice may order the delay of the 6 25 certification for up to one hundred eighty days for budgetary 6 26 reasons. The commission shall publicize notice of the vacancy 6 27 in at least two publications in the official county newspaper. 6 28 The commission shall accept applications for consideration for 6 29 nomination as district associate judge for a minimum of 6 30 fifteen days prior to certifying nominations. The commission 6 31 shall consider the applications and shall, by majority vote, 6 32 certify to the chief judge of the judicial district the names 6 33 of three applicants who are nominated by the commission for 6 34 the vacancy. If there are three or fewer applicants the 6 35 commission shall certify all applicants who meet the statutory 7 1 qualifications. Nominees shall be chosen solely on the basis 7 2 of the qualifications of the applicants, and political 7 3 affiliation shall not be considered. As used in this 7 4 subsection, a vacancy is created by the death, retirement, 7 5 resignation, or removal of a district associate judge, or by 7 6 an increase in the number of positions authorized. 7 7 Sec. 11. Section 602.6403, subsection 3, Code 2003, is 7 8 amended to read as follows: 7 9 3. Within thirty days following receipt of notification of 7 10 a vacancy in the office of magistrate, the commission shall 7 11 appoint a person to the office to serve the remainder of the 7 12 unexpired term, unless the chief justice has ordered the 7 13 commission to delay the appointment for up to one hundred 7 14 eighty days for budgetary reasons. For purposes of this 7 15 section, vacancy means a death, resignation, retirement, or 7 16 removal of a magistrate, or an increase in the number of 7 17 positions authorized. 7 18 Sec. 12. Section 602.7103B, subsections 2 and 3, Code 7 19 2003, are amended to read as follows: 7 20 2. In November of any year in which an impending vacancy 7 21 is created because a full-time associate juvenile judge is not 7 22 retained in office pursuant to a judicial election, the county 7 23 magistrate appointing commission shall publicize notice of the 7 24 vacancy in at least two publications in the official county 7 25 newspaper. The commission shall accept applications for 7 26 consideration for nomination as full-time associate juvenile 7 27 judge for a minimum of fifteen days prior to certifying 7 28 nominations. The commission shall consider the applications 7 29 and shall, by majority vote, certify to the chief judge of the 7 30 judicial district not later than December 15 of that year the 7 31 names of three applicants who are nominated by the commission 7 32 for the vacancy, unless the chief justice has ordered the 7 33 commission to delay the certification of the nominees to the 7 34 chief judge. The chief justice may order the delay of the 7 35 certification for up to one hundred eighty days for budgetary 8 1 reasons. If there are three or fewer applicants, the 8 2 commission shall certify all applicants who meet the statutory 8 3 qualifications. Nominees shall be chosen solely on the basis 8 4 of the qualifications of the applicants, and political 8 5 affiliation shall not be considered. 8 6 3. Within thirty days after a county magistrate appointing 8 7 commission receives notification of an actual or impending 8 8 vacancy in the office of full-time associate juvenile judge, 8 9 other than a vacancy referred to in subsection 2, the 8 10 commission shall certify to the chief judge of the judicial 8 11 district the names of three applicants who are nominated by 8 12 the commission for the vacancy, unless the chief justice has 8 13 ordered the commission to delay the certification of the 8 14 nominees to the chief judge. The chief justice may order the 8 15 delay of the certification for up to one hundred eighty days 8 16 for budgetary reasons. The commission shall publicize notice 8 17 of the vacancy in at least two publications in the official 8 18 county newspaper. The commission shall accept applications 8 19 for consideration for nomination as full-time associate 8 20 juvenile judge for a minimum of fifteen days prior to 8 21 certifying nominations. The commission shall consider the 8 22 applications and shall, by majority vote, certify to the chief 8 23 judge of the judicial district the names of three applicants 8 24 who are nominated by the commission for the vacancy. If there 8 25 are three or fewer applicants, the commission shall certify 8 26 all applicants who meet the statutory qualifications. 8 27 Nominees shall be chosen solely on the basis of the 8 28 qualifications of the applicants, and political affiliation 8 29 shall not be considered. As used in this subsection, a 8 30 vacancy is created by the death, retirement, resignation, or 8 31 removal of a full-time associate juvenile judge, or by an 8 32 increase in the number of positions authorized. 8 33 Sec. 13. Section 633.20B, subsections 2 and 3, Code 2003, 8 34 are amended to read as follows: 8 35 2. In November of any year in which an impending vacancy 9 1 is created because a full-time associate probate judge is not 9 2 retained in office pursuant to a judicial election, the county 9 3 magistrate appointing commission shall publicize notice of the 9 4 vacancy in at least two publications in the official county 9 5 newspaper. The commission shall accept applications for 9 6 consideration for nomination as full-time associate probate 9 7 judge for a minimum of fifteen days prior to certifying 9 8 nominations. The commission shall consider the applications 9 9 and shall, by majority vote, certify to the chief judge of the 9 10 judicial district not later than December 15 of that year the 9 11 names of three applicants who are nominated by the commission 9 12 for the vacancy, unless the chief justice has ordered the 9 13 commission to delay the certification of the nominees to the 9 14 chief judge. The chief justice may order the delay of the 9 15 certification for up to one hundred eighty days for budgetary 9 16 reasons. If there are three or fewer applicants, the 9 17 commission shall certify all applicants who meet the statutory 9 18 qualifications. Nominees shall be chosen solely on the basis 9 19 of the qualifications of the applicants, and political 9 20 affiliation shall not be considered. 9 21 3. Within thirty days after a county magistrate appointing 9 22 commission receives notification of an actual or impending 9 23 vacancy in the office of full-time associate probate judge, 9 24 other than a vacancy referred to in subsection 2, the 9 25 commission shall certify to the chief judge of the judicial 9 26 district the names of three applicants who are nominated by 9 27 the commission for the vacancy, unless the chief justice has 9 28 ordered the commission to delay the certification of the 9 29 nominees to the chief judge. The chief justice may order the 9 30 delay of the certification for up to one hundred eighty days 9 31 for budgetary reasons. The commission shall publicize notice 9 32 of the vacancy in at least two publications in the official 9 33 county newspaper. The commission shall accept applications 9 34 for consideration for nomination as full-time associate 9 35 probate judge for a minimum of fifteen days prior to 10 1 certifying nominations. The commission shall consider the 10 2 applications and shall, by majority vote, certify to the chief 10 3 judge of the judicial district the names of three applicants 10 4 who are nominated by the commission for the vacancy. If there 10 5 are three or fewer applicants, the commission shall certify 10 6 all applicants who meet the statutory qualifications. 10 7 Nominees shall be chosen solely on the basis of the 10 8 qualifications of the applicants, and political affiliation 10 9 shall not be considered. As used in this subsection, a 10 10 vacancy is created by the death, retirement, resignation, or 10 11 removal of a full-time associate probate judge, or by an 10 12 increase in the number of positions authorized. 10 13 Sec. 14. The amendment to Code section 602.6201, 10 14 subsection 6, by this Act is repealed on July 1, 2008. 10 15 Sec. 15. Section 602.6303, Code 2003, is repealed. 10 16 Sec. 16. The sections of this Act amending section 46.12; 10 17 section 602.6304, subsections 2 and 3; and sections 602.6403, 10 18 602.7103B, and 633.20B are repealed on July 1, 2006. 10 19 EXPLANATION 10 20 This bill relates to procedures for appointing judges and 10 21 magistrates, to the voluntary transfer of judgeships, and to 10 22 the apportionment of judgeships among judicial election 10 23 districts. 10 24 DELAY OF APPOINTMENT. The bill permits the chief justice 10 25 of the supreme court to delay, by up to 180 days, the 10 26 nomination process of a judge for appointment to the Iowa 10 27 supreme court, court of appeals, or district court for 10 28 budgetary reasons. Current law requires that nominees to the 10 29 supreme court, court of appeals, or district court be 10 30 certified to the governor for appointment within 60 days of 10 31 the nominating commission receiving notice of a vacancy. The 10 32 bill also permits the chief justice of the supreme court for 10 33 budgetary reasons to delay, by up to 180 days, the appointment 10 34 process to fill a vacancy for a district associate judge, 10 35 magistrate, full-time associate juvenile judge, or probate 11 1 judge. The sections of the bill delaying the appointment of 11 2 judges and magistrates for budgetary reasons are repealed on 11 3 July 1, 2006. 11 4 NOMINATING COMMISSION. The bill also prohibits a member of 11 5 a judicial nominating commission from nominating a family 11 6 member, current law partner, or current business partner, for 11 7 a judgeship. 11 8 ALTERNATE DISTRICT ASSOCIATE JUDGE. The bill eliminates 11 9 the position of alternate district associate judge. Current 11 10 law provides that if a county has only one district associate 11 11 judge, an alternate district associate judge may be appointed. 11 12 An alternate district associate judge under current law may 11 13 practice law except when actually serving as an alternate 11 14 district associate judge. 11 15 APPORTIONMENT OF DISTRICT JUDGES. The bill provides that 11 16 if a vacancy in a judgeship occurs, and the chief justice of 11 17 the supreme court makes a finding that a substantial disparity 11 18 exists in the allocation of judgeships and judicial workload 11 19 between judicial election districts, the chief justice may 11 20 apportion the vacant judgeship to another judicial election 11 21 district based upon the substantial disparity finding. 11 22 However, a vacant judgeship shall not be apportioned unless a 11 23 majority of the judicial council approves the appointment. 11 24 VOLUNTARY TRANSFER OF DISTRICT JUDGES. The bill provides 11 25 that if the chief justice of the supreme court determines a 11 26 substantial disparity exists in the allocation of judgeships 11 27 and judicial workload between judicial election districts, the 11 28 chief justice may authorize a voluntary permanent transfer of 11 29 a district judge from one judicial election district to 11 30 another, upon approval by a majority of the judicial council. 11 31 The chief justice shall notify all eligible district judges of 11 32 the intent to seek applicants for a voluntary transfer. After 11 33 submission of applications, the chief justice may permanently 11 34 transfer a district judge who consents to the transfer within 11 35 six months of the notification. The bill provides that the 12 1 transfer of a district judge shall take effect within 60 days 12 2 of the official announcement of the transfer. Under the bill 12 3 a district judge who transfers shall establish a residency in 12 4 the new judicial election district within six months of the 12 5 official announcement of the transfer. A district judge who 12 6 is transferred shall stand for retention in the new judicial 12 7 election district. A district judge is not eligible for a 12 8 voluntary transfer unless the judge has served a regular term 12 9 of office. The section of the bill providing for the 12 10 voluntary transfers of judges is repealed on July 1, 2008. 12 11 LSB 3065SV 80 12 12 jm/sh/8
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