Senate File 2310
SENATE FILE
BY IVERSON and GRONSTAL
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the transfer and apportionment of district
2 associate judges and to the qualifications of magistrates,
3 providing for a study, and providing for a future repeal.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 7133XS 80
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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. a. There shall be one district associate judge in
1 6 counties having a population of more than thirty=five thousand
1 7 and less than eighty thousand; two in counties having a
1 8 population of eighty thousand or more and less than one
1 9 hundred twenty=five thousand; three in counties having a
1 10 population of one hundred twenty=five thousand or more and
1 11 less than two hundred thousand; four in counties having a
1 12 population of two hundred thousand or more and less than two
1 13 hundred thirty=five thousand; five in counties having a
1 14 population of two hundred thirty=five thousand or more and
1 15 less than two hundred seventy thousand; six in counties having
1 16 a population of two hundred seventy thousand or more and less
1 17 than three hundred five thousand; and seven in counties having
1 18 a population of three hundred five thousand or more. However,
1 19 a county shall not lose a district associate judgeship solely
1 20 because of a reduction in the county's population. If the
1 21 formula provided in this section results in the allocation of
1 22 an additional district associate judgeship to a county,
1 23 implementation of the allocation shall be subject to prior
1 24 approval of the supreme court and availability of funds to the
1 25 judicial branch. A district associate judge appointed
1 26 pursuant to section 602.6302 shall not be counted for purposes
1 27 of this section.
1 28 b. A district associate judgeship apportioned pursuant to
1 29 subsection 2 shall also not be counted for purposes of this
1 30 section.
1 31 c. A district associate judge transferred pursuant to
1 32 subsection 3 shall also not be counted for purposes of this
1 33 section.
1 34 2. If a vacancy in a district associate judgeship occurs,
1 35 and the chief justice of the supreme court makes a finding
2 1 that a substantial disparity exists in the allocation of
2 2 district associate judgeships and district associate judge
2 3 workloads between judicial election districts, the chief
2 4 justice may apportion the district associate judgeship from
2 5 the judicial election district where the vacancy occurs to
2 6 another judicial election district based upon the substantial
2 7 disparity finding. However, a district associate judgeship
2 8 shall not be apportioned pursuant to this subsection unless a
2 9 majority of the judicial council approves the apportionment.
2 10 3. If the chief justice of the supreme court determines a
2 11 substantial disparity exists in the allocation of district
2 12 associate judgeships and district associate judge workloads
2 13 between judicial election districts, the chief justice may
2 14 authorize a voluntary permanent transfer of a district
2 15 associate judge from one judicial election district to another
2 16 upon approval by a majority of the judicial council. After
2 17 approval by the judicial council, the chief justice shall
2 18 notify all eligible district associate judges of the intent to
2 19 seek applicants for a voluntary permanent transfer and the
2 20 terms of such a transfer. A district associate judge is not
2 21 eligible for a voluntary transfer unless the judge has served
2 22 a regular term of office as specified in section 46.16. Upon
2 23 approval of the judge's application, the chief justice may
2 24 transfer a district associate judge who consents to the
2 25 transfer within six months of the notification. The transfer
2 26 of a district associate judge shall take effect within sixty
2 27 days of the official announcement of the transfer by the chief
2 28 justice. A district associate judge transferred pursuant to
2 29 this subsection shall have six months from the date of the
2 30 announcement of the transfer to establish residency in the
2 31 judicial election district where the district associate judge
2 32 is transferred. A district associate judge who has been
2 33 transferred shall stand for retention in the judicial election
2 34 district to which the district associate judge has been
2 35 transferred as provided in chapter 46. A voluntary transfer
3 1 pursuant to this subsection shall not cause a vacancy of a
3 2 district associate judgeship in the judicial election district
3 3 from which the district associate judge was transferred.
3 4 Sec. 2. Section 602.6301, subsection 1, paragraph c, as
3 5 enacted by this Act, is amended by striking the paragraph.
3 6 Sec. 3. Section 602.6301, subsection 3, as enacted by this
3 7 Act, is amended by striking the subsection.
3 8 Sec. 4. Section 602.6302, subsection 1, paragraph b, Code
3 9 2003, is amended to read as follows:
3 10 b. The substitution must not result in a lack of a
3 11 resident district associate judge or magistrate in one or more
3 12 of the counties.
3 13 Sec. 5. Section 602.6304, subsection 3, Code Supplement
3 14 2003, is amended to read as follows:
3 15 3. Within thirty days after a county magistrate appointing
3 16 commission receives notification of an actual or impending
3 17 vacancy in the office of district associate judge, other than
3 18 a vacancy referred to in subsection 2, the commission shall
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, unless the chief justice has ordered the
3 22 commission to delay the certification of the nominees to the
3 23 chief judge. The chief justice may order the delay of the
3 24 certification for up to one hundred eighty days for budgetary
3 25 reasons. The commission shall publicize notice of the vacancy
3 26 in at least two publications in the official county newspaper.
3 27 The commission shall accept applications for consideration for
3 28 nomination as district associate judge for a minimum of
3 29 fifteen days prior to certifying nominations. The commission
3 30 shall consider the applications and shall, by majority vote,
3 31 certify to the chief judge of the judicial district the names
3 32 of three applicants who are nominated by the commission for
3 33 the vacancy. If there are three or fewer applicants the
3 34 commission shall certify all applicants who meet the statutory
3 35 qualifications. Nominees shall be chosen solely on the basis
4 1 of the qualifications of the applicants, and political
4 2 affiliation shall not be considered. As used in this
4 3 subsection, a vacancy is created by the death, retirement,
4 4 resignation, or removal of a district associate judge, or by
4 5 an increase in the number of positions authorized. In
4 6 addition, if a vacancy occurs because a district associate
4 7 judge is apportioned pursuant to section 602.6301, the vacancy
4 8 is considered to have occurred in the judicial election
4 9 district receiving the apportioned district associate judge.
4 10 Sec. 6. Section 602.6305, subsection 3, Code Supplement
4 11 2003, is amended to read as follows:
4 12 3. a. A district associate judge must be a resident of a
4 13 county in which the office is held during the entire term of
4 14 office. A district associate judge shall serve within the
4 15 judicial district in which appointed, as directed by the chief
4 16 judge, and is subject to reassignment under section 602.6108.
4 17 b. A district associate judge need not meet the residency
4 18 or service requirements of this subsection if the district
4 19 associate judge is voluntarily transferred pursuant to section
4 20 602.6301, subsection 3.
4 21 Sec. 7. Section 602.6305, subsection 3, paragraph b, as
4 22 enacted by this Act, is amended by striking the paragraph.
4 23 Sec. 8. Section 602.6401, subsection 3, Code 2003, is
4 24 amended to read as follows:
4 25 3. Notwithstanding subsection 2, each county shall be
4 26 allotted at least one resident magistrate.
4 27 Sec. 9. Section 602.6404, subsections 1 and 3, Code 2003,
4 28 are amended to read as follows:
4 29 1. A magistrate shall be a resident of the county of
4 30 appointment or a contiguous county to the county of
4 31 appointment within thirty days of appointment, and shall
4 32 reside in the county of appointment or a contiguous county to
4 33 the county of appointment during the magistrate's term of
4 34 office. A magistrate shall serve within the judicial district
4 35 in which appointed, as directed by the chief judge, provided
5 1 that the chief judge may assign a magistrate to hold court
5 2 outside of the county of the magistrate's residence for the
5 3 orderly administration of justice. A magistrate is subject to
5 4 reassignment under section 602.6108.
5 5 3. A person is not required to must be admitted to the
5 6 practice of law in this state as a condition of being
5 7 appointed to the office of magistrate, but the magistrate
5 8 appointing commission shall first consider applicants who are
5 9 admitted to practice law in this state when selecting persons
5 10 for the office of magistrate. However, any nonlawyer
5 11 magistrate serving as a magistrate on July 1, 2004, may
5 12 continue to serve as a magistrate and is eligible to reapply
5 13 for appointment pursuant to section 602.6403.
5 14 Sec. 10. EFFECTIVE DATE. The sections of this Act
5 15 striking section 602.6301, subsection 1, paragraph "c", and
5 16 subsection 3, and section 602.6305, subsection 3, paragraph
5 17 "b", take effect July 1, 2008.
5 18 Sec. 11. JUDICIAL DISTRICT REDISTRICTING INTERIM STUDY
5 19 COMMITTEE. The legislative council is requested to authorize
5 20 the extension of the judicial district and judicial resources
5 21 study committee for an additional two years, and the
5 22 legislative council is requested to authorize up to three
5 23 meeting days for each additional year the judicial district
5 24 and judicial resources study committee is authorized to meet.
5 25 EXPLANATION
5 26 This bill relates to the transfer and apportionment of
5 27 district associate judges and to the qualifications of
5 28 magistrates.
5 29 The bill provides that if a vacancy in a district associate
5 30 judgeship occurs, and the chief justice makes a finding that a
5 31 substantial disparity exists in the allocation of district
5 32 associate judgeships and district associate judicial workloads
5 33 between judicial election districts, the chief justice may
5 34 apportion the vacant district associate judgeship to another
5 35 judicial election district if a majority of the judicial
6 1 council approves the apportionment.
6 2 The bill provides that if the chief justice has determined
6 3 that a substantial disparity exists, the chief justice may
6 4 also authorize a voluntary permanent transfer of a district
6 5 associate judge from one judicial election district to
6 6 another, upon approval of a majority of the judicial council.
6 7 A judge who voluntarily transfers shall establish residency in
6 8 the new judicial election district within six months of the
6 9 transfer and shall stand for retention in the new judicial
6 10 election district. A district associate judge is not eligible
6 11 for a voluntary transfer unless the judge has served a regular
6 12 term of office. The bill provides that the provision related
6 13 to voluntary permanent transfers of district associate judges
6 14 shall be repealed effective July 1, 2008.
6 15 The bill requires that any newly appointed magistrates be
6 16 an attorney; provided, however, that current nonlawyer
6 17 magistrates would not lose their position as a result of this
6 18 change and would be eligible to apply and be reappointed as a
6 19 magistrate in the future.
6 20 The bill permits an applicant to be a resident of another
6 21 county when applying for a magistrate position, but the
6 22 applicant must be a resident of the county of appointment or a
6 23 county contiguous to the county of appointment within 30 days
6 24 of appointment.
6 25 The bill further provides that the legislative council is
6 26 requested to authorize the extension of the judicial district
6 27 and judicial resources study committee for an additional two
6 28 years, and the legislative council is requested to authorize
6 29 up to three meeting days for each additional year the
6 30 committee is authorized to meet.
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