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,oran 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 filledIf 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 anAn 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 3 24 jm/cl/14