Senate File 305
SENATE FILE
BY DVORSKY
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the apportionment or transfer of a judgeship
2 among judicial election districts.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2566SS 80
5 jm/cl/14
PAG LIN
1 1 Section 1. Section 602.6201, subsections 4, 5, and 6, Code
1 2 2003, are amended to read as follows:
1 3 4. For purposes of this section, a vacancy means the
1 4 death, resignation, retirement, or removal of a district
1 5 judge, or the failure of a district judge to be retained in
1 6 office at the judicial election, or an increase in judgeships
1 7 under this section, or a judicial election district with fewer
1 8 district judges than the number of judgeships specified under
1 9 the formula in subsection 3.
1 10 5. In those judicial election districts having more
1 11 district judges than the number of judgeships specified by the
1 12 formula in subsection 3, vacancies shall not be filled If a
1 13 vacancy in a judgeship occurs, the judgeship shall be
1 14 apportioned to the judicial election district having the
1 15 greatest numerical disparity between authorized judgeships and
1 16 judgeships specified by the formula in subsection 3, as
1 17 calculated by the state court administrator. If two or more
1 18 judicial election districts have an equal numerical disparity
1 19 between authorized judgeships and judgeships specified by the
1 20 formula, the judgeship shall be apportioned to the judicial
1 21 election district with greatest percentage of need in terms of
1 22 authorized judgeships filled and judgeships specified by the
1 23 formula as calculated by the state court administrator.
1 24 6. In those judicial election districts having fewer or
1 25 the same number of district judges as the number of judgeships
1 26 specified by the formula in subsection 3, vacancies in the
1 27 number of district judges shall be filled as they occur.
1 28 Notwithstanding any other provision of the Code to the
1 29 contrary, if the chief justice of the supreme court determines
1 30 an inequity exists in the allocation of judgeships and
1 31 judicial workload between judicial election districts, the
1 32 chief justice may authorize a voluntary permanent transfer of
1 33 a district judge from one judicial election district to
1 34 another. The chief justice shall notify all eligible district
1 35 judges of the intent to authorize a voluntary permanent
2 1 transfer and the terms of such a transfer. The chief justice
2 2 may transfer a district judge who consents to the transfer
2 3 within six months of the notification. The transfer of a
2 4 district judge shall take effect within sixty days of the
2 5 official announcement of the transfer by the chief justice. A
2 6 district judge transferred pursuant to this subsection shall
2 7 have six months from the date of the announcement of the
2 8 transfer to establish residency in the judicial election
2 9 district where the district judge is transferred. A district
2 10 judge who has been transferred shall stand for retention in
2 11 the judicial election district to which the district judge has
2 12 been transferred as provided in chapter 46. For purposes of
2 13 subsection 3, the judgeship shall be apportioned to the
2 14 judicial election district where the judge is transferred. A
2 15 voluntary transfer pursuant to this subsection shall not cause
2 16 a vacancy of a judgeship in the judicial election district
2 17 from which the district judge was transferred.
2 18 Sec. 2. Section 602.6201, subsection 7, Code 2003, is
2 19 amended by striking the subsection.
2 20 Sec. 3. Section 602.6201, subsection 8, Code 2003, is
2 21 amended to read as follows:
2 22 8. Vacancies shall not be filled in a judicial election
2 23 district which becomes entitled to fewer judgeships under
2 24 subsection 3, but an An incumbent district judge shall not be
2 25 removed from office because of a reduction in the number of
2 26 authorized judgeships.
2 27 EXPLANATION
2 28 This bill relates to the apportionment or transfer of a
2 29 judgeship among judicial election districts.
2 30 The bill provides that if the chief justice of the supreme
2 31 court determines an inequity exists in the allocation of
2 32 judgeships and judicial workload between judicial election
2 33 districts, the chief justice may authorize a voluntary
2 34 permanent transfer of a district judge from one judicial
2 35 election district to another. The chief justice shall notify
3 1 all eligible district judges of the intent to authorize a
3 2 voluntary transfer. The chief justice may permanently
3 3 transfer a district judge who consents to the transfer within
3 4 six months of the notification to authorize such a transfer.
3 5 The bill provides that the transfer of a district judge shall
3 6 take effect within 60 days of the official announcement of the
3 7 transfer. Under the bill a district judge who transfers shall
3 8 establish a residency in the new judicial election district
3 9 within six months of the official announcement of the
3 10 transfer. A district judge who is transferred shall stand for
3 11 retention in the new judicial election district.
3 12 The bill requires a vacant judgeship to be apportioned to
3 13 the judicial election district having the greatest numerical
3 14 disparity between authorized judgeships and judgeships
3 15 specified by the formula in Code section 602.6201, subsection
3 16 3. The bill provides that if two or more judicial election
3 17 districts have an equal numerical disparity between authorized
3 18 judgeships and judgeships specified by the formula, the
3 19 judgeship shall be apportioned to the judicial election
3 20 district with the greatest percentage of need in terms of
3 21 authorized judgeships filled and judgeships specified by the
3 22 formula as calculated by the state court administrator.
3 23 LSB 2566SS 80
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