House Amendment 1335


PAG LIN




     1  1    Amend Senate File 283, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  By striking page 1, line 1, through page 3,
     1  4 line 34, and inserting the following:
     1  5    <Section 1.  Section 46.12, unnumbered paragraph 1,
     1  6 Code 2009, is amended to read as follows:
     1  7    When a vacancy occurs or will occur within one
     1  8 hundred twenty days in the supreme court, the court of
     1  9 appeals, or district court, the state commissioner of
     1 10 elections shall forthwith so notify the chairperson of
     1 11 the proper judicial nominating commission unless the
     1 12 chief justice has ordered the state commissioner of
     1 13 elections to delay sending the notification for up to
     1 14 one hundred eighty days for budgetary reasons.  The
     1 15 chairperson shall call a meeting of the commission
     1 16 within ten days after such notice; if the chairperson
     1 17 fails to do so, the chief justice shall call such
     1 18 meeting.>
     1 19 #2.  By striking page 4, line 17, through page 6,
     1 20 line 17, and inserting the following:
     1 21    <Sec.    .  Section 602.6304, subsections 2 and 3,
     1 22 Code 2009, are amended to read as follows:
     1 23    2.  In November of any year in which an impending
     1 24 vacancy is created because a district associate judge
     1 25 is not retained in office pursuant to a judicial
     1 26 election, the county magistrate appointing commission
     1 27 shall publicize notice of the vacancy in at least two
     1 28 publications in the official county newspaper.  The
     1 29 commission shall accept applications for consideration
     1 30 for nomination as district associate judge for a
     1 31 minimum of fifteen days prior to certifying
     1 32 nominations.  The commission shall consider the
     1 33 applications and shall, by majority vote, certify to
     1 34 the chief judge of the judicial district not later
     1 35 than December 15 of that year the names of three
     1 36 applicants who are nominated by the commission for the
     1 37 vacancy, unless the chief justice has ordered the
     1 38 commission to delay the certification of the nominees
     1 39 for up to one hundred eighty days for budgetary
     1 40 reasons.  If there are three or fewer applicants the
     1 41 commission shall certify all applicants who meet the
     1 42 statutory qualifications.  Nominees shall be chosen
     1 43 solely on the basis of the qualifications of the
     1 44 applicants, and political affiliation shall not be
     1 45 considered.
     1 46    3.  Within thirty days after a county magistrate
     1 47 appointing commission receives notification of an
     1 48 actual or impending vacancy in the office of district
     1 49 associate judge, other than a vacancy referred to in
     1 50 subsection 2, the commission shall certify to the
     2  1 chief judge of the judicial district the names of
     2  2 three applicants who are nominated by the commission
     2  3 for the vacancy, unless the chief justice has ordered
     2  4 the commission to delay the certification of the
     2  5 nominees for up to one hundred eighty days for
     2  6 budgetary reasons.  The commission shall publicize
     2  7 notice of the vacancy in at least two publications in
     2  8 the official county newspaper.  The commission shall
     2  9 accept applications for consideration for nomination
     2 10 as district associate judge for a minimum of fifteen
     2 11 days prior to certifying nominations.  The commission
     2 12 shall consider the applications and shall, by majority
     2 13 vote, certify to the chief judge of the judicial
     2 14 district the names of three applicants who are
     2 15 nominated by the commission for the vacancy.  If there
     2 16 are three or fewer applicants the commission shall
     2 17 certify all applicants who meet the statutory
     2 18 qualifications.  Nominees shall be chosen solely on
     2 19 the basis of the qualifications of the applicants, and
     2 20 political affiliation shall not be considered.  As
     2 21 used in this subsection, a vacancy is created by the
     2 22 death, retirement, resignation, or removal of a
     2 23 district associate judge, or by an increase in the
     2 24 number of positions authorized.>
     2 25 #3.  By striking page 6, line 26, through page 12,
     2 26 line 30, and inserting the following:
     2 27    <Sec.    .  Section 602.7103B, subsections 2 and 3,
     2 28 Code 2009, are amended to read as follows:
     2 29    2.  In November of any year in which an impending
     2 30 vacancy is created because a full=time associate
     2 31 juvenile judge is not retained in office pursuant to a
     2 32 judicial election, the county magistrate appointing
     2 33 commission shall publicize notice of the vacancy in at
     2 34 least two publications in the official county
     2 35 newspaper.  The commission shall accept applications
     2 36 for consideration for nomination as full=time
     2 37 associate juvenile judge for a minimum of fifteen days
     2 38 prior to certifying nominations.  The commission shall
     2 39 consider the applications and shall, by majority vote,
     2 40 certify to the chief judge of the judicial district
     2 41 not later than December 15 of that year the names of
     2 42 three applicants who are nominated by the commission
     2 43 for the vacancy, unless the chief justice has ordered
     2 44 the commission to delay the certification of the
     2 45 nominees for up to one hundred eighty days for
     2 46 budgetary reasons.  If there are three or fewer
     2 47 applicants, the commission shall certify all
     2 48 applicants who meet the statutory qualifications.
     2 49 Nominees shall be chosen solely on the basis of the
     2 50 qualifications of the applicants, and political
     3  1 affiliation shall not be considered.
     3  2    3.  Within thirty days after a county magistrate
     3  3 appointing commission receives notification of an
     3  4 actual or impending vacancy in the office of full=time
     3  5 associate juvenile judge, other than a vacancy
     3  6 referred to in subsection 2, the commission shall
     3  7 certify to the chief judge of the judicial district
     3  8 the names of three applicants who are nominated by the
     3  9 commission for the vacancy, unless the chief justice
     3 10 has ordered the commission to delay the certification
     3 11 of the nominees for up to one hundred eighty days for
     3 12 budgetary reasons.  The commission shall publicize
     3 13 notice of the vacancy in at least two publications in
     3 14 the official county newspaper.  The commission shall
     3 15 accept applications for consideration for nomination
     3 16 as full=time associate juvenile judge for a minimum of
     3 17 fifteen days prior to certifying nominations.  The
     3 18 commission shall consider the applications and shall,
     3 19 by majority vote, certify to the chief judge of the
     3 20 judicial district the names of three applicants who
     3 21 are nominated by the commission for the vacancy.  If
     3 22 there are three or fewer applicants, the commission
     3 23 shall certify all applicants who meet the statutory
     3 24 qualifications.  Nominees shall be chosen solely on
     3 25 the basis of the qualifications of the applicants, and
     3 26 political affiliation shall not be considered.  As
     3 27 used in this subsection, a vacancy is created by the
     3 28 death, retirement, resignation, or removal of a
     3 29 full=time associate juvenile judge, or by an increase
     3 30 in the number of positions authorized.
     3 31    Sec.    .  Section 633.20B, subsections 2 and 3,
     3 32 Code 2009, are amended to read as follows:
     3 33    2.  In November of any year in which an impending
     3 34 vacancy is created because a full=time associate
     3 35 probate judge is not retained in office pursuant to a
     3 36 judicial election, the county magistrate appointing
     3 37 commission shall publicize notice of the vacancy in at
     3 38 least two publications in the official county
     3 39 newspaper.  The commission shall accept applications
     3 40 for consideration for nomination as full=time
     3 41 associate probate judge for a minimum of fifteen days
     3 42 prior to certifying nominations.  The commission shall
     3 43 consider the applications and shall, by majority vote,
     3 44 certify to the chief judge of the judicial district
     3 45 not later than December 15 of that year the names of
     3 46 three applicants who are nominated by the commission
     3 47 for the vacancy, unless the chief justice has ordered
     3 48 the commission to delay the certification of the
     3 49 nominees for up to one hundred eighty days for
     3 50 budgetary reasons.  If there are three or fewer
     4  1 applicants, the commission shall certify all
     4  2 applicants who meet the statutory qualifications.
     4  3 Nominees shall be chosen solely on the basis of the
     4  4 qualifications of the applicants, and political
     4  5 affiliation shall not be considered.
     4  6    3.  Within thirty days after a county magistrate
     4  7 appointing commission receives notification of an
     4  8 actual or impending vacancy in the office of full=time
     4  9 associate probate judge, other than a vacancy referred
     4 10 to in subsection 2, the commission shall certify to
     4 11 the chief judge of the judicial district the names of
     4 12 three applicants who are nominated by the commission
     4 13 for the vacancy, unless the chief justice has ordered
     4 14 the commission to delay the certification of the
     4 15 nominees for up to one hundred eighty days for
     4 16 budgetary reasons.  The commission shall publicize
     4 17 notice of the vacancy in at least two publications in
     4 18 the official county newspaper.  The commission shall
     4 19 accept applications for consideration for nomination
     4 20 as full=time associate probate judge for a minimum of
     4 21 fifteen days prior to certifying nominations.  The
     4 22 commission shall consider the applications and shall,
     4 23 by majority vote, certify to the chief judge of the
     4 24 judicial district the names of three applicants who
     4 25 are nominated by the commission for the vacancy.  If
     4 26 there are three or fewer applicants, the commission
     4 27 shall certify all applicants who meet the statutory
     4 28 qualifications.  Nominees shall be chosen solely on
     4 29 the basis of the qualifications of the applicants, and
     4 30 political affiliation shall not be considered.  As
     4 31 used in this subsection, a vacancy is created by the
     4 32 death, retirement, resignation, or removal of a
     4 33 full=time associate probate judge, or by an increase
     4 34 in the number of positions authorized.
     4 35    Sec.    .  JUDICIAL OFFICER == VOLUNTARY FURLOUGHS.
     4 36 Notwithstanding the annual salary rates for judicial
     4 37 officers established by 2008 Iowa Acts, chapter 1191,
     4 38 section 11, for the fiscal period beginning July 1,
     4 39 2008, and ending June 30, 2010, a judicial officer may
     4 40 voluntarily agree to be furloughed on any day
     4 41 employees of the judicial branch are furloughed.  If a
     4 42 judicial officer voluntarily agrees to be furloughed
     4 43 on a specific date, the judicial officer shall notify
     4 44 the state court administrator of the furlough date.
     4 45 If a judicial officer voluntarily agrees to be
     4 46 furloughed, the salary of the judicial officer shall
     4 47 be reduced accordingly for the pay period in which the
     4 48 furlough date occurred in the same manner as for
     4 49 noncontract employees of the judicial branch.  Through
     4 50 the course of the fiscal period, the judicial branch
     5  1 may use an amount equal to the aggregate amount of
     5  2 salary reductions due to voluntary judicial officer
     5  3 furloughs for any purpose other than for judicial
     5  4 salaries.
     5  5    Sec.    .  EFFECTIVE DATE.  The section of this Act
     5  6 permitting voluntary judicial officer furloughs, being
     5  7 deemed of immediate importance, takes effect upon
     5  8 enactment.>
     5  9 #4.  Title page, by striking lines 1 and 2 and
     5 10 inserting the following:  <An Act relating to the
     5 11 appointment of judicial officers, providing an
     5 12 effective date, and providing for>.
     5 13
     5 14
     5 15                               
     5 16 COMMITTEE ON JUDICIARY
     5 17 SWAIM of Davis, Chairperson
     5 18 SF 283.501 83
     5 19 jm/jm/23278

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