House Study Bill 78
SENATE/HOUSE FILE
BY (PROPOSED JUDICIAL
BRANCH BILL)
Passed Senate, Date Passed House, 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 and removal, by permitting a clerk
3 to serve in more than one county, and by eliminating certain
4 residency requirements.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 district judges chief judge of each judicial
1 4 election district shall by majority vote appoint persons to
1 5 serve as clerks of the district court, one for each county
1 6 within the judicial election district within the judicial
1 7 district. There shall not be more than one clerk of the
1 8 district court for each county in the district. However, the
1 9 chief judge may appoint a person to serve as clerk of the
1 10 district court for more than one county. A person does not
1 11 qualify for appointment to the office of clerk of the district
1 12 court unless the person is at the time of application a
1 13 resident of the state. Within three months of appointment the
1 14 clerk of the district court must establish residence and
1 15 physically reside in the county. A clerk of the district
1 16 court may be removed from office for cause by a majority vote
1 17 of the district judges the chief judge of the judicial
1 18 election district. Before removal, the clerk of the district
1 19 court shall be notified of the cause for removal.
1 20 EXPLANATION
1 21 This bill relates to the clerk of the district court by
1 22 changing the method of appointment and removal, by permitting
1 23 a clerk to serve in more than one county, and by eliminating
1 24 certain residency requirements.
1 25 The bill changes the method by which the clerk of the
1 26 district court is appointed. The bill permits the chief judge
1 27 of each judicial district to appoint the clerk of the district
1 28 court and remove the clerk for cause. The clerk under current
1 29 law is appointed by a majority vote of all the district court
1 30 judges in the judicial election district, and removed by
1 31 majority vote.
1 32 The bill eliminates the requirement that a clerk of the
1 33 district court be appointed for each county in the judicial
1 34 election district. The bill provides that a clerk of the
1 35 district court may serve as clerk of court in more than one
2 1 county. The bill also eliminates the requirement that the
2 2 clerk of the district court establish residence and physically
2 3 reside in the county where the clerk is employed within three
2 4 months of appointment. However, the bill retains the
2 5 provision that a person does not qualify for appointment to
2 6 the clerk of the district court position unless the person is
2 7 at the time of the application a resident of the state.
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