House File 635
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 78)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the clerk of the district court by changing
2 the method of appointment, by permitting a clerk to serve in
3 more than one county, and by eliminating certain residency
4 requirements.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1208HV 80
7 jm/sh/8
PAG LIN
1 1 Section 1. Section 602.1215, subsection 1, Code 2003, is
1 2 amended to read as follows:
1 3 1. The Subject to the provisions of section 602.1209,
1 4 subsection 3, the district judges of each judicial election
1 5 district shall by majority vote appoint persons to serve as
1 6 clerks of the district court, one for each county within the
1 7 judicial election district. The district judges of a judicial
1 8 election district may appoint a person to serve as clerk of
1 9 the district court for more than one county. A person does
1 10 not qualify for appointment to the office of clerk of the
1 11 district court unless the person is at the time of application
1 12 a resident of the state. Within three months of appointment
1 13 the clerk of the district court must establish residence and
1 14 physically reside in the county. A clerk of the district
1 15 court may be removed from office for cause by a majority vote
1 16 of the district judges of the judicial election district.
1 17 Before removal, the clerk of the district court shall be
1 18 notified of the cause for removal.
1 19 EXPLANATION
1 20 This bill relates to the clerk of the district court by
1 21 changing the method of appointment, by permitting a clerk to
1 22 serve in more than one county, and by eliminating certain
1 23 residency requirements.
1 24 The bill provides that the district judges of each judicial
1 25 election district shall, by majority vote, appoint the clerk
1 26 of court, subject to the state court administrator's
1 27 authorization and review.
1 28 The bill eliminates the requirement that a clerk of the
1 29 district court be appointed for each county in the judicial
1 30 election district. The bill provides that a clerk of the
1 31 district court may serve as clerk of court in more than one
1 32 county. The bill also eliminates the requirement that the
1 33 clerk of the district court establish residence and physically
1 34 reside in the county where the clerk is employed within three
1 35 months of appointment. However, the bill retains the
2 1 provision that a person does not qualify for appointment to
2 2 the clerk of the district court position unless the person is
2 3 at the time of the application a resident of the state.
2 4 LSB 1208HV 80
2 5 jm/sh/8