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
-1-