House Study Bill 663

                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL
                                            DISTRICT AND JUDICIAL
                                            RESOURCES INTERIM STUDY
                                            COMMITTEE BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the transfer and apportionment of district
  2    associate judges and associate juvenile judges, and to the
  3    qualifications of magistrates.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5127IC 80
  6 jm/gg/14

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 602.6304, subsection 3, Code Supplement
  3  2 2003, is amended to read as follows:
  3  3    3.  Within thirty days after a county magistrate appointing
  3  4 commission receives notification of an actual or impending
  3  5 vacancy in the office of district associate judge, other than
  3  6 a vacancy referred to in subsection 2, the commission shall
  3  7 certify to the chief judge of the judicial district the names
  3  8 of three applicants who are nominated by the commission for
  3  9 the vacancy, unless the chief justice has ordered the
  3 10 commission to delay the certification of the nominees to the
  3 11 chief judge.  The chief justice may order the delay of the
  3 12 certification for up to one hundred eighty days for budgetary
  3 13 reasons.  The commission shall publicize notice of the vacancy
  3 14 in at least two publications in the official county newspaper.
  3 15 The commission shall accept applications for consideration for
  3 16 nomination as district associate judge for a minimum of
  3 17 fifteen days prior to certifying nominations.  The commission
  3 18 shall consider the applications and shall, by majority vote,
  3 19 certify to the chief judge of the judicial district the names
  3 20 of three applicants who are nominated by the commission for
  3 21 the vacancy.  If there are three or fewer applicants the
  3 22 commission shall certify all applicants who meet the statutory
  3 23 qualifications.  Nominees shall be chosen solely on the basis
  3 24 of the qualifications of the applicants, and political
  3 25 affiliation shall not be considered.  As used in this
  3 26 subsection, a vacancy is created by the death, retirement,
  3 27 resignation, or removal of a district associate judge, or by
  3 28 an increase in the number of positions authorized.  In
  3 29 addition, if a vacancy occurs because a district associate
  3 30 judge is apportioned pursuant to section 602.6301, the vacancy
  3 31 is considered to have occurred in the judicial election
  3 32 district receiving the apportioned district associate judge.
  3 33    Sec. 3.  Section 602.6305, subsection 3, Code Supplement
  3 34 2003, is amended to read as follows:
  3 35    3.  A district associate judge must be a resident of a
  4  1 county in which the office is held during the entire term of
  4  2 office, unless the district associate judge is voluntarily
  4  3 transferred pursuant to section 602.6301, subsection 3.  A
  4  4 district associate judge shall serve within the judicial
  4  5 district in which appointed or transferred, as directed by the
  4  6 chief judge, and is subject to reassignment under section
  4  7 602.6108.
  4  8    Sec. 4.  Section 602.6404, subsections 1 and 3, Code 2003,
  4  9 are amended to read as follows:
  4 10    1.  A magistrate shall be a resident of the county of
  4 11 appointment or a contiguous county to the county of
  4 12 appointment within thirty days of appointment, and shall
  4 13 reside in the county of appointment or a contiguous county to
  4 14 the county of appointment during the magistrate's term of
  4 15 office.  A  magistrate shall serve within the judicial
  4 16 district in which appointed, as directed by the chief judge,
  4 17 provided that the chief judge may assign a magistrate to but
  4 18 may hold court outside of the county of the magistrate's
  4 19 residence for the orderly administration of justice.  A
  4 20 magistrate is subject to reassignment under section 602.6108.
  4 21    3.  A person is not required to must be admitted to the
  4 22 practice of law in this state as a condition of being
  4 23 appointed to the office of magistrate, but the magistrate
  4 24 appointing commission shall first consider applicants who are
  4 25 admitted to practice law in this state when selecting persons
  4 26 for the office of magistrate.  However, any nonlawyer
  4 27 magistrate serving as a magistrate on July 1, 2004, may
  4 28 continue to serve as a magistrate and is eligible to reapply
  4 29 for appointment pursuant to section 602.6403.
  4 30    Sec. 5.  Section 602.7103B, subsection 3, Code Supplement
  4 31 2003, is amended to read as follows:
  4 32    3.  Within thirty days after a county magistrate appointing
  4 33 commission receives notification of an actual or impending
  4 34 vacancy in the office of full=time associate juvenile judge,
  4 35 other than a vacancy referred to in subsection 2, the
  5  1 commission shall certify to the chief judge of the judicial
  5  2 district the names of three applicants who are nominated by
  5  3 the commission for the vacancy, unless the chief justice has
  5  4 ordered the commission to delay the certification of the
  5  5 nominees to the chief judge.  The chief justice may order the
  5  6 delay of the certification for up to one hundred eighty days
  5  7 for budgetary reasons.  The commission shall publicize notice
  5  8 of the vacancy in at least two publications in the official
  5  9 county newspaper.  The commission shall accept applications
  5 10 for consideration for nomination as full=time associate
  5 11 juvenile judge for a minimum of fifteen days prior to
  5 12 certifying nominations.  The commission shall consider the
  5 13 applications and shall, by majority vote, certify to the chief
  5 14 judge of the judicial district the names of three applicants
  5 15 who are nominated by the commission for the vacancy.  If there
  5 16 are three or fewer applicants, the commission shall certify
  5 17 all applicants who meet the statutory qualifications.
  5 18 Nominees shall be chosen solely on the basis of the
  5 19 qualifications of the applicants, and political affiliation
  5 20 shall not be considered.  As used in this subsection, a
  5 21 vacancy is created by the death, retirement, resignation, or
  5 22 removal of a full=time associate juvenile judge, or by an
  5 23 increase in the number of positions authorized.  In addition,
  5 24 if a vacancy occurs because an associate juvenile judge is
  5 25 apportioned pursuant to subsection 5A, the vacancy is
  5 26 considered to have occurred in the judicial election district
  5 27 receiving the apportioned associate juvenile judge.
  5 28    Sec. 6.  Section 602.7103B, Code Supplement 2003, is
  5 29 amended by adding the following new subsections:
  5 30    NEW SUBSECTION.  5A.  If a vacancy in an associate juvenile
  5 31 judgeship occurs, and the chief justice of the supreme court
  5 32 makes a finding that a substantial disparity exists in the
  5 33 allocation of associate juvenile judgeships and associate
  5 34 juvenile judge workloads between judicial election districts,
  5 35 the chief justice may apportion the associate juvenile
  6  1 judgeship from the judicial election district where the
  6  2 vacancy occurs to another judicial election district based
  6  3 upon the substantial disparity finding.  However, an associate
  6  4 judgeship shall not be apportioned pursuant to this subsection
  6  5 unless a majority of the judicial council approves the
  6  6 apportionment.
  6  7    NEW SUBSECTION.  5B.  If the chief justice of the supreme
  6  8 court determines a substantial disparity exists in the
  6  9 allocation of associate juvenile judgeships and associate
  6 10 juvenile judge workloads between judicial election districts,
  6 11 the chief justice may authorize a voluntary permanent transfer
  6 12 of an associate juvenile judge from one judicial election
  6 13 district to another upon approval by a majority of the
  6 14 judicial council.  After approval by the judicial council, the
  6 15 chief justice shall notify all eligible associate juvenile
  6 16 judges of the intent to seek applicants for a voluntary
  6 17 permanent transfer and the terms of such a transfer.  An
  6 18 associate juvenile judge is not eligible for a voluntary
  6 19 transfer unless the judge has served a regular term of office
  6 20 as specified in section 46.16.  Upon approval of the judge's
  6 21 application, the chief justice may transfer an associate
  6 22 juvenile judge who consents to the transfer within six months
  6 23 of the notification.  The transfer of an associate juvenile
  6 24 judge shall take effect within sixty days of the official
  6 25 announcement of the transfer by the chief justice.  An
  6 26 associate juvenile judge transferred pursuant to this
  6 27 subsection shall have six months from the date of the
  6 28 announcement of the transfer to establish residency in the
  6 29 judicial election district where the associate juvenile judge
  6 30 is transferred.  An associate juvenile judge who has been
  6 31 transferred shall stand for retention in the judicial election
  6 32 district to which the associate juvenile judge has been
  6 33 transferred as provided in chapter 46.  A voluntary transfer
  6 34 pursuant to this subsection shall not cause a vacancy of a
  6 35 judgeship in the judicial election district from which the
  7  1 associate juvenile judge was transferred.
  7  2    Sec. 7.  Section 602.7103C, subsection 3, Code 2003, is
  7  3 amended to read as follows:
  7  4    3.  A full=time associate juvenile judge must be a resident
  7  5 of a county in which the office is held during the entire term
  7  6 of office, unless the associate juvenile judge voluntarily
  7  7 transfers pursuant to section 602.7103B, subsection 5B.  A
  7  8 full=time associate juvenile judge shall serve within the
  7  9 judicial district in which appointed or transferred, as
  7 10 directed by the chief judge, and is subject to reassignment
  7 11 under section 602.6108.
  7 12                           EXPLANATION
  7 13    This bill relates to the transfer and apportionment of
  7 14 district associate judges and associate juvenile judges, and
  7 15 to the qualifications of magistrates.
  7 16    The bill provides that if a vacancy in a district associate
  7 17 judgeship occurs, and the chief justice makes a finding that a
  7 18 substantial disparity exists in the allocation of district
  7 19 associate judgeships and district associate judicial workloads
  7 20 between judicial election districts, the chief justice may
  7 21 apportion the vacant district associate judgeship to another
  7 22 judicial election district if a majority of the judicial
  7 23 council approves the apportionment.
  7 24    Also under the bill, if the chief justice has determined
  7 25 that a substantial disparity exists, the chief justice may
  7 26 also authorize a voluntary permanent transfer of a district
  7 27 associate judge from one judicial election district to
  7 28 another, upon approval of a majority of the judicial council.
  7 29 A judge who voluntarily transfers shall establish residency in
  7 30 the new judicial election district within six months of the
  7 31 transfer and shall stand for retention in the new judicial
  7 32 election district.  A district associate judge is not eligible
  7 33 for a voluntary transfer unless the judge has served a regular
  7 34 term of office.
  7 35    The provisions of the bill relating to the apportionment of
  8  1 a district associate judge to another judicial election
  8  2 district and to the voluntary transfer of a district associate
  8  3 judge also apply to associate juvenile judges.
  8  4    The bill also requires that any newly appointed magistrates
  8  5 be an attorney; provided, however, that current nonlawyer
  8  6 magistrates would not lose their position as a result of this
  8  7 change and would be eligible to apply and be reappointed as a
  8  8 magistrate in the future.
  8  9    The bill permits an applicant to be a resident of another
  8 10 county when applying for a magistrate position, but the
  8 11 applicant must be a resident of the county of appointment or a
  8 12 county contiguous to the county of appointment within 30 days
  8 13 of appointment.
  8 14    The bill provides that a magistrate be allowed to serve as
  8 15 magistrate in a county other than the magistrate's county of
  8 16 residence without special approval from the chief judge.
  8 17 LSB 5127IC 80
  8 18 jm/gg/14