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PAG LIN 1 1 Section 1. Section 602.6301, Code Supplement 2003, is 1 2 amended to read as follows: 1 3 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 1 4 JUDGES. 1 5 1. There shall be one district associate judge in counties 1 6 having a population of more than thirty-five thousand and less 1 7 than eighty thousand; two in counties having a population of 1 8 eighty thousand or more and less than one hundred twenty-five 1 9 thousand; three in counties having a population of one hundred 1 10 twenty-five thousand or more and less than two hundred 1 11 thousand; four in counties having a population of two hundred 1 12 thousand or more and less than two hundred thirty-five 1 13 thousand; five in counties having a population of two hundred 1 14 thirty-five thousand or more and less than two hundred seventy 1 15 thousand; six in counties having a population of two hundred 1 16 seventy thousand or more and less than three hundred five 1 17 thousand; and seven in counties having a population of three 1 18 hundred five thousand or more. However, a county shall not 1 19 lose a district associate judgeship solely because of a 1 20 reduction in the county's population. If the formula provided 1 21 in this section results in the allocation of an additional 1 22 district associate judgeship to a county, implementation of 1 23 the allocation shall be subject to prior approval of the 1 24 supreme court and availability of funds to the judicial 1 25 branch. A district associate judge appointed pursuant to 1 26 section 602.6302 shall not be counted for purposes of this 1 27 section. A district associate judgeship apportioned pursuant 1 28 to subsection 2, or a district associate judge transferred 1 29 pursuant to subsection 3, shall also not be counted for 1 30 purposes of this section. 1 31 2. If a vacancy in a district associate judgeship occurs, 1 32 and the chief justice of the supreme court makes a finding 1 33 that a substantial disparity exists in the allocation of 1 34 district associate judgeships and district associate judge 1 35 workloads between judicial election districts, the chief 2 1 justice may apportion the district associate judgeship from 2 2 the judicial election district where the vacancy occurs to 2 3 another judicial election district based upon the substantial 2 4 disparity finding. However, a district associate judgeship 2 5 shall not be apportioned pursuant to this subsection unless a 2 6 majority of the judicial council approves the apportionment. 2 7 3. If the chief justice of the supreme court determines a 2 8 substantial disparity exists in the allocation of district 2 9 associate judgeships and district associate judge workloads 2 10 between judicial election districts, the chief justice may 2 11 authorize a voluntary permanent transfer of a district 2 12 associate judge from one judicial election district to another 2 13 upon approval by a majority of the judicial council. After 2 14 approval by the judicial council, the chief justice shall 2 15 notify all eligible district associate judges of the intent to 2 16 seek applicants for a voluntary permanent transfer and the 2 17 terms of such a transfer. A district associate judge is not 2 18 eligible for a voluntary transfer unless the judge has served 2 19 a regular term of office as specified in section 46.16. Upon 2 20 approval of the judge's application, the chief justice may 2 21 transfer a district associate judge who consents to the 2 22 transfer within six months of the notification. The transfer 2 23 of a district associate judge shall take effect within sixty 2 24 days of the official announcement of the transfer by the chief 2 25 justice. A district associate judge transferred pursuant to 2 26 this subsection shall have six months from the date of the 2 27 announcement of the transfer to establish residency in the 2 28 judicial election district where the district associate judge 2 29 is transferred. A district associate judge who has been 2 30 transferred shall stand for retention in the judicial election 2 31 district to which the district associate judge has been 2 32 transferred as provided in chapter 46. A voluntary transfer 2 33 pursuant to this subsection shall not cause a vacancy of a 2 34 district associate judgeship in the judicial election district 2 35 from which the district associate judge was transferred. 3 1 Sec. 2. Section 602.6301, subsection 3, as enacted by this 3 2 Act, is amended by striking the subsection. 3 3 Sec. 3. Section 602.6302, subsection 1, paragraph b, Code 3 4 2003, is amended to read as follows: 3 5 b. The substitution must not result in a lack of a 3 6residentdistrict associate judge or magistrate in one or more 3 7 of the counties. 3 8 Sec. 4. Section 602.6304, subsection 3, Code Supplement 3 9 2003, is amended to read as follows: 3 10 3. Within thirty days after a county magistrate appointing 3 11 commission receives notification of an actual or impending 3 12 vacancy in the office of district associate judge, other than 3 13 a vacancy referred to in subsection 2, the commission shall 3 14 certify to the chief judge of the judicial district the names 3 15 of three applicants who are nominated by the commission for 3 16 the vacancy, unless the chief justice has ordered the 3 17 commission to delay the certification of the nominees to the 3 18 chief judge. The chief justice may order the delay of the 3 19 certification for up to one hundred eighty days for budgetary 3 20 reasons. The commission shall publicize notice of the vacancy 3 21 in at least two publications in the official county newspaper. 3 22 The commission shall accept applications for consideration for 3 23 nomination as district associate judge for a minimum of 3 24 fifteen days prior to certifying nominations. The commission 3 25 shall consider the applications and shall, by majority vote, 3 26 certify to the chief judge of the judicial district the names 3 27 of three applicants who are nominated by the commission for 3 28 the vacancy. If there are three or fewer applicants the 3 29 commission shall certify all applicants who meet the statutory 3 30 qualifications. Nominees shall be chosen solely on the basis 3 31 of the qualifications of the applicants, and political 3 32 affiliation shall not be considered. As used in this 3 33 subsection, a vacancy is created by the death, retirement, 3 34 resignation, or removal of a district associate judge, or by 3 35 an increase in the number of positions authorized. In 4 1 addition, if a vacancy occurs because a district associate 4 2 judge is apportioned pursuant to section 602.6301, the vacancy 4 3 is considered to have occurred in the judicial election 4 4 district receiving the apportioned district associate judge. 4 5 Sec. 5. Section 602.6305, subsection 3, Code Supplement 4 6 2003, is amended to read as follows: 4 7 3. A district associate judge must be a resident of a 4 8 county in which the office is held during the entire term of 4 9 office, unless the district associate judge is voluntarily 4 10 transferred pursuant to section 602.6301, subsection 3. A 4 11 district associate judge shall serve within the judicial 4 12 district in which appointed or transferred, as directed by the 4 13 chief judge, and is subject to reassignment under section 4 14 602.6108. 4 15 Sec. 6. Section 602.6401, subsection 3, Code 2003, is 4 16 amended to read as follows: 4 17 3. Notwithstanding subsection 2, each county shall be 4 18 allotted at least oneresidentmagistrate. 4 19 Sec. 7. Section 602.6404, subsections 1 and 3, Code 2003, 4 20 are amended to read as follows: 4 21 1. A magistrate shall be a resident of the county of 4 22 appointment or a contiguous county to the county of 4 23 appointment within thirty days of appointment, and shall 4 24 reside in the county of appointment or a contiguous county to 4 25 the county of appointment during the magistrate's term of 4 26 office. A magistrate shall serve within the judicial district 4 27 in which appointed, as directed by the chief judge, provided 4 28 that the chief judge may assign a magistrate to hold court 4 29 outside of the county of the magistrate's residence for the 4 30 orderly administration of justice. A magistrate is subject to 4 31 reassignment under section 602.6108. 4 32 3. A personis not required tomust be admitted to the 4 33 practice of law in this state as a condition of being 4 34 appointed to the office of magistrate, but the magistrate4 35appointing commission shall first consider applicants who are5 1admitted to practice law in this state when selecting persons5 2for the office of magistrate. However, any nonlawyer 5 3 magistrate serving as a magistrate on July 1, 2004, may 5 4 continue to serve as a magistrate and is eligible to reapply 5 5 for appointment pursuant to section 602.6403. 5 6 Sec. 8. EFFECTIVE DATE. The section of this Act striking 5 7 section 602.6301, subsection 3, takes effect July 1, 2008. 5 8 Sec. 9. JUDICIAL DISTRICT REDISTRICTING INTERIM STUDY 5 9 COMMITTEE. The legislative council is requested to authorize 5 10 the extension of the judicial district and judicial resources 5 11 study committee for an additional two years, and the 5 12 legislative council is requested to authorize up to three 5 13 meeting days for each additional year the judicial district 5 14 and judicial resources study committee is authorized to meet. 5 15 SF 2243 5 16 jm/cc/26
Text: SF02242 Text: SF02244 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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