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