House File 2367 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 549)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to judicial branch and court practices concerning
2 criminal disposition options and the appointment of a judicial
3 officer, a clerk of the district court, or a chief juvenile
4 court officer.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5297HV 81
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PAG LIN
1 1 Section 1. Section 46.12, Code 2005, is amended to read as
1 2 follows:
1 3 46.12 NOTIFICATION OF VACANCY AND RESIGNATION.
1 4 1. When a vacancy occurs or will occur within one hundred
1 5 twenty days in the supreme court, or the court of appeals, or
1 6 district court, the state commissioner of elections shall
1 7 forthwith so notify the chairperson of the proper judicial
1 8 nominating commission, unless the chief justice has ordered
1 9 the state commissioner of elections to delay sending the
1 10 notification. The chief justice may order the delay for up to
1 11 one hundred eighty days for budgetary reasons. The
1 12 chairperson shall call a meeting of the commission within ten
1 13 days after such notice; if the chairperson fails to do so, the
1 14 chief justice shall call such meeting.
1 15 2. When a vacancy occurs or will occur within one hundred
1 16 twenty days in district court, the state commissioner of
1 17 elections shall forthwith so notify the chairperson of the
1 18 proper judicial nominating commission, unless the chief
1 19 justice has ordered the state commissioner of elections to
1 20 delay sending the notification. The chief justice may order
1 21 the delay for budgetary reasons. The chairperson shall call a
1 22 meeting of the commission within ten days after such notice;
1 23 if the chairperson fails to do so, the chief justice shall
1 24 call such meeting.
1 25 3. When a judge of the supreme court, court of appeals, or
1 26 district court resigns, the judge shall submit a copy of the
1 27 resignation to the state commissioner of elections at the time
1 28 the judge submits the resignation to the governor; and when a
1 29 judge of the supreme court, court of appeals, or district
1 30 court dies, the clerk of district court of the county of the
1 31 judge's residence shall in writing forthwith notify the state
1 32 commissioner of elections of such fact.
1 33 Sec. 2. Section 602.1215, subsection 1, Code Supplement
1 34 2005, is amended to read as follows:
1 35 1. Subject to the provisions of section 602.1209,
2 1 subsection 3, the district judges chief judge of each judicial
2 2 election district, after consultation with the judges of the
2 3 appropriate judicial election district, shall by majority vote
2 4 appoint persons to serve as clerks of the district court
2 5 within the judicial election district. The district judges
2 6 chief judge of a judicial election district may appoint a
2 7 person to serve as clerk of the district court for more than
2 8 one but not more than four contiguous counties in the same
2 9 judicial district. A person does not qualify for appointment
2 10 to the office of clerk of the district court unless the person
2 11 is at the time of application a resident of the state. A
2 12 clerk of the district court may be removed from office for
2 13 cause by a majority vote of the district judges chief judge of
2 14 the judicial election district. Before removal, the clerk of
2 15 the district court shall be notified of the cause for removal.
2 16 Sec. 3. Section 602.1217, subsection 1, Code 2005, is
2 17 amended to read as follows:
2 18 1. The district judges within a chief judge of each
2 19 judicial district, by majority vote, after consultation with
2 20 the judges of the judicial district, shall appoint a chief
2 21 juvenile court officer and may remove the officer for cause.
2 22 Sec. 4. Section 602.6304, subsections 2 and 3, Code 2005,
2 23 are amended to read as follows:
2 24 2. In November of any year in which an impending vacancy
2 25 is created because a district associate judge is not retained
2 26 in office pursuant to a judicial election, the county
2 27 magistrate appointing commission shall publicize notice of the
2 28 vacancy in at least two publications in the official county
2 29 newspaper. The commission shall accept applications for
2 30 consideration for nomination as district associate judge for a
2 31 minimum of fifteen days prior to certifying nominations. The
2 32 commission shall consider the applications and shall, by
2 33 majority vote, certify to the chief judge of the judicial
2 34 district not later than December 15 of that year the names of
2 35 three applicants who are nominated by the commission for the
3 1 vacancy, unless the chief justice has ordered the commission
3 2 to delay the certification of the nominees to the chief judge.
3 3 The chief justice may order the delay of the certification for
3 4 up to one hundred eighty days for budgetary reasons. If there
3 5 are three or fewer applicants the commission shall certify all
3 6 applicants who meet the statutory qualifications. Nominees
3 7 shall be chosen solely on the basis of the qualifications of
3 8 the applicants, and political affiliation shall not be
3 9 considered.
3 10 3. Within thirty days after a county magistrate appointing
3 11 commission receives notification of an actual or impending
3 12 vacancy in the office of district associate judge, other than
3 13 a vacancy referred to in subsection 2, the commission shall
3 14 certify to the chief judge of the judicial district the names
3 15 of three applicants who are nominated by the commission for
3 16 the vacancy, unless the chief justice has ordered the
3 17 commission to delay the certification of the nominees to the
3 18 chief judge. The chief justice may order the delay of the
3 19 certification for up to one hundred eighty days for budgetary
3 20 reasons. The commission shall publicize notice of the vacancy
3 21 in at least two publications in the official county newspaper.
3 22 The commission shall accept applications for consideration for
3 23 nomination as district associate judge for a minimum of
3 24 fifteen days prior to certifying nominations. The commission
3 25 shall consider the applications and shall, by majority vote,
3 26 certify to the chief judge of the judicial district the names
3 27 of three applicants who are nominated by the commission for
3 28 the vacancy. If there are three or fewer applicants the
3 29 commission shall certify all applicants who meet the statutory
3 30 qualifications. Nominees shall be chosen solely on the basis
3 31 of the qualifications of the applicants, and political
3 32 affiliation shall not be considered. As used in this
3 33 subsection, a vacancy is created by the death, retirement,
3 34 resignation, or removal of a district associate judge, or by
3 35 an increase in the number of positions authorized.
4 1 Sec. 5. Section 602.6403, subsection 3, Code 2005, is
4 2 amended to read as follows:
4 3 3. Within thirty days following receipt of notification of
4 4 a vacancy in the office of magistrate, the commission shall
4 5 appoint a person to the office to serve the remainder of the
4 6 unexpired term, unless the chief justice has ordered the
4 7 commission to delay the appointment for up to one hundred
4 8 eighty days for budgetary reasons. For purposes of this
4 9 section, vacancy means a death, resignation, retirement, or
4 10 removal of a magistrate, or an increase in the number of
4 11 positions authorized.
4 12 Sec. 6. Section 602.7103B, subsections 2 and 3, Code 2005,
4 13 are amended to read as follows:
4 14 2. In November of any year in which an impending vacancy
4 15 is created because a full=time associate juvenile judge is not
4 16 retained in office pursuant to a judicial election, the county
4 17 magistrate appointing commission shall publicize notice of the
4 18 vacancy in at least two publications in the official county
4 19 newspaper. The commission shall accept applications for
4 20 consideration for nomination as full=time associate juvenile
4 21 judge for a minimum of fifteen days prior to certifying
4 22 nominations. The commission shall consider the applications
4 23 and shall, by majority vote, certify to the chief judge of the
4 24 judicial district not later than December 15 of that year the
4 25 names of three applicants who are nominated by the commission
4 26 for the vacancy, unless the chief justice has ordered the
4 27 commission to delay the certification of the nominees to the
4 28 chief judge. The chief justice may order the delay of the
4 29 certification for up to one hundred eighty days for budgetary
4 30 reasons. If there are three or fewer applicants, the
4 31 commission shall certify all applicants who meet the statutory
4 32 qualifications. Nominees shall be chosen solely on the basis
4 33 of the qualifications of the applicants, and political
4 34 affiliation shall not be considered.
4 35 3. Within thirty days after a county magistrate appointing
5 1 commission receives notification of an actual or impending
5 2 vacancy in the office of full=time associate juvenile judge,
5 3 other than a vacancy referred to in subsection 2, the
5 4 commission shall certify to the chief judge of the judicial
5 5 district the names of three applicants who are nominated by
5 6 the commission for the vacancy, unless the chief justice has
5 7 ordered the commission to delay the certification of the
5 8 nominees to the chief judge. The chief justice may order the
5 9 delay of the certification for up to one hundred eighty days
5 10 for budgetary reasons. The commission shall publicize notice
5 11 of the vacancy in at least two publications in the official
5 12 county newspaper. The commission shall accept applications
5 13 for consideration for nomination as full=time associate
5 14 juvenile judge for a minimum of fifteen days prior to
5 15 certifying nominations. The commission shall consider the
5 16 applications and shall, by majority vote, certify to the chief
5 17 judge of the judicial district the names of three applicants
5 18 who are nominated by the commission for the vacancy. If there
5 19 are three or fewer applicants, the commission shall certify
5 20 all applicants who meet the statutory qualifications.
5 21 Nominees shall be chosen solely on the basis of the
5 22 qualifications of the applicants, and political affiliation
5 23 shall not be considered. As used in this subsection, a
5 24 vacancy is created by the death, retirement, resignation, or
5 25 removal of a full=time associate juvenile judge, or by an
5 26 increase in the number of positions authorized.
5 27 Sec. 7. Section 633.20B, subsections 2 and 3, Code 2005,
5 28 are amended to read as follows:
5 29 2. In November of any year in which an impending vacancy
5 30 is created because a full=time associate probate judge is not
5 31 retained in office pursuant to a judicial election, the county
5 32 magistrate appointing commission shall publicize notice of the
5 33 vacancy in at least two publications in the official county
5 34 newspaper. The commission shall accept applications for
5 35 consideration for nomination as full=time associate probate
6 1 judge for a minimum of fifteen days prior to certifying
6 2 nominations. The commission shall consider the applications
6 3 and shall, by majority vote, certify to the chief judge of the
6 4 judicial district not later than December 15 of that year the
6 5 names of three applicants who are nominated by the commission
6 6 for the vacancy, unless the chief justice has ordered the
6 7 commission to delay the certification of the nominees to the
6 8 chief judge. The chief justice may order the delay of the
6 9 certification for up to one hundred eighty days for budgetary
6 10 reasons. If there are three or fewer applicants, the
6 11 commission shall certify all applicants who meet the statutory
6 12 qualifications. Nominees shall be chosen solely on the basis
6 13 of the qualifications of the applicants, and political
6 14 affiliation shall not be considered.
6 15 3. Within thirty days after a county magistrate appointing
6 16 commission receives notification of an actual or impending
6 17 vacancy in the office of full=time associate probate judge,
6 18 other than a vacancy referred to in subsection 2, the
6 19 commission shall certify to the chief judge of the judicial
6 20 district the names of three applicants who are nominated by
6 21 the commission for the vacancy, unless the chief justice has
6 22 ordered the commission to delay the certification of the
6 23 nominees to the chief judge. The chief justice may order the
6 24 delay of the certification for up to one hundred eighty days
6 25 for budgetary reasons. The commission shall publicize notice
6 26 of the vacancy in at least two publications in the official
6 27 county newspaper. The commission shall accept applications
6 28 for consideration for nomination as full=time associate
6 29 probate judge for a minimum of fifteen days prior to
6 30 certifying nominations. The commission shall consider the
6 31 applications and shall, by majority vote, certify to the chief
6 32 judge of the judicial district the names of three applicants
6 33 who are nominated by the commission for the vacancy. If there
6 34 are three or fewer applicants, the commission shall certify
6 35 all applicants who meet the statutory qualifications.
7 1 Nominees shall be chosen solely on the basis of the
7 2 qualifications of the applicants, and political affiliation
7 3 shall not be considered. As used in this subsection, a
7 4 vacancy is created by the death, retirement, resignation, or
7 5 removal of a full=time associate probate judge, or by an
7 6 increase in the number of positions authorized.
7 7 Sec. 8. Section 907.13, subsection 2, Code 2005, is
7 8 amended to read as follows:
7 9 2. The defendant's plan of community service, the comments
7 10 of the defendant's probation officer, and the comments of the
7 11 representative of the judicial district department of
7 12 correctional services responsible for the unpaid community
7 13 service program, shall be submitted promptly to the court.
7 14 The court shall promptly enter an order approving the plan or
7 15 modifying it. Compliance with the plan of community service
7 16 as approved or modified by the court shall be a condition of
7 17 the defendant's probation. The court thereafter may modify
7 18 the plan at any time upon the defendant's request, upon the
7 19 request of the judicial district department of correctional
7 20 services, or upon the court's own motion. As an option for
7 21 modification of a plan, the court may allow a defendant to
7 22 complete some part or all of the defendant's community service
7 23 obligation through the donation of property to a charitable
7 24 organization other than a governmental subdivision statewide
7 25 nonprofit legal aid organization. A donation of property to a
7 26 charitable organization statewide nonprofit legal aid
7 27 organization offered in satisfaction of some part or all of a
7 28 community service obligation under this subsection is not a
7 29 deductible contribution for the purposes of federal or state
7 30 income taxes.
7 31 Sec. 9. Section 910.1, subsection 2, Code 2005, is amended
7 32 by striking the subsection.
7 33 Sec. 10. Section 910.1, subsection 4, Code 2005, is
7 34 amended to read as follows:
7 35 4. "Restitution" means payment of pecuniary damages to a
8 1 victim in an amount and in the manner provided by the
8 2 offender's plan of restitution. "Restitution" also includes
8 3 fines, penalties, and surcharges, the contribution of funds to
8 4 a local anticrime organization which provided assistance to
8 5 law enforcement in an offender's case, a statewide nonprofit
8 6 legal aid organization, the payment of crime victim
8 7 compensation program reimbursements, payment of restitution to
8 8 public agencies pursuant to section 321J.2, subsection 9,
8 9 paragraph "b", court costs including correctional fees
8 10 approved pursuant to section 356.7, court=appointed attorney
8 11 fees ordered pursuant to section 815.9, including the expense
8 12 of a public defender, and the performance of a public service
8 13 by an offender in an amount set by the court when the offender
8 14 cannot reasonably pay all or part of the court costs including
8 15 correctional fees approved pursuant to section 356.7, or
8 16 court=appointed attorney fees ordered pursuant to section
8 17 815.9, including the expense of a public defender.
8 18 Sec. 11. Section 910.2, Code 2005, is amended to read as
8 19 follows:
8 20 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
8 21 SENTENCING COURT.
8 22 In all criminal cases in which there is a plea of guilty,
8 23 verdict of guilty, or special verdict upon which a judgment of
8 24 conviction is rendered, the sentencing court shall order that
8 25 restitution be made by each offender to the victims of the
8 26 offender's criminal activities, to the clerk of court for
8 27 fines, penalties, surcharges, and, to the extent that the
8 28 offender is reasonably able to pay, for crime victim
8 29 assistance reimbursement, restitution to public agencies
8 30 pursuant to section 321J.2, subsection 9, paragraph "b", court
8 31 costs including correctional fees approved pursuant to section
8 32 356.7, court=appointed attorney fees ordered pursuant to
8 33 section 815.9, including the expense of a public defender,
8 34 when applicable, or contribution to a local anticrime
8 35 organization statewide nonprofit legal aid organization.
9 1 However, victims shall be paid in full before fines,
9 2 penalties, and surcharges, crime victim compensation program
9 3 reimbursement, public agencies, court costs including
9 4 correctional fees approved pursuant to section 356.7, court=
9 5 appointed attorney fees ordered pursuant to section 815.9,
9 6 including the expenses of a public defender, or contributions
9 7 to a local anticrime organization statewide nonprofit legal
9 8 aid organization are paid. In structuring a plan of
9 9 restitution, the court shall provide for payments in the
9 10 following order of priority: victim, fines, penalties, and
9 11 surcharges, crime victim compensation program reimbursement,
9 12 public agencies, court costs including correctional fees
9 13 approved pursuant to section 356.7, court=appointed attorney
9 14 fees ordered pursuant to section 815.9, including the expense
9 15 of a public defender, and contribution to a local anticrime
9 16 organization statewide nonprofit legal aid organization.
9 17 When the offender is not reasonably able to pay all or a
9 18 part of the crime victim compensation program reimbursement,
9 19 public agency restitution, court costs including correctional
9 20 fees approved pursuant to section 356.7, court=appointed
9 21 attorney fees ordered pursuant to section 815.9, including the
9 22 expense of a public defender, or contribution to a local
9 23 anticrime organization statewide nonprofit legal aid
9 24 organization, the court may require the offender in lieu of
9 25 that portion of the crime victim compensation program
9 26 reimbursement, public agency restitution, court costs
9 27 including correctional fees approved pursuant to section
9 28 356.7, court=appointed attorney fees ordered pursuant to
9 29 section 815.9, including the expense of a public defender, or
9 30 contribution to a local anticrime organization statewide
9 31 nonprofit legal aid organization for which the offender is not
9 32 reasonably able to pay, to perform a needed public service for
9 33 a governmental agency or for a private nonprofit agency which
9 34 provides a service to the youth, elderly, or poor of the
9 35 community. When community service is ordered, the court shall
10 1 set a specific number of hours of service to be performed by
10 2 the offender which, for payment of court=appointed attorney
10 3 fees ordered pursuant to section 815.9, including the expenses
10 4 of a public defender, shall be approximately equivalent in
10 5 value to those costs. The judicial district department of
10 6 correctional services shall provide for the assignment of the
10 7 offender to a public agency or private nonprofit agency to
10 8 perform the required service.
10 9 Sec. 12. Section 915.100, subsection 2, paragraph e, Code
10 10 2005, is amended to read as follows:
10 11 e. Victims shall be paid in full pursuant to an order of
10 12 restitution, before fines, penalties, surcharges, crime victim
10 13 compensation program reimbursement, public agency
10 14 reimbursement, court costs, correctional fees, court=appointed
10 15 attorney fees, expenses of a public defender, or contributions
10 16 to local anticrime organizations a statewide nonprofit legal
10 17 aid organization are paid.
10 18 Sec. 13. 2003 Iowa Acts, chapter 151, section 64, is
10 19 repealed.
10 20 EXPLANATION
10 21 This bill relates to practices and procedures of the
10 22 judicial branch.
10 23 The bill provides the chief justice may indefinitely delay
10 24 the appointment of a judge or magistrate for budgetary
10 25 reasons. Current law provides only through July 1, 2006, that
10 26 the chief justice may delay the appointment of a judge or
10 27 magistrate for up to 180 days for budgetary reasons.
10 28 The bill changes current law regarding the chief justice
10 29 delaying the appointment of a supreme court justice or court
10 30 of appeals judge for up to 180 days for budgetary reasons.
10 31 Under the bill, the chief justice will no longer be able to
10 32 delay the appointment of a supreme court justice or court of
10 33 appeals judge for budgetary reasons.
10 34 The bill provides that the chief judge of a judicial
10 35 district shall, after consultation with the judges of the
11 1 judicial election district, appoint to or remove from office
11 2 the clerk of the district court. Current law provides that
11 3 the clerk of the district court is appointed or removed from
11 4 office by a majority vote of the district judges within the
11 5 judicial election district.
11 6 The bill also provides the chief judge of a judicial
11 7 district shall, after consultation with the judges of the
11 8 judicial district, appoint to or remove from office the chief
11 9 juvenile court officer. Current law provides that the
11 10 juvenile court officer shall be appointed to or removed from
11 11 office by a majority vote of the district judges of the
11 12 judicial district.
11 13 The bill also permits a criminal offender to make a
11 14 donation to a statewide nonprofit legal aid organization in
11 15 lieu of performing community service. The bill also permits a
11 16 criminal offender to make a contribution to such an
11 17 organization as part of the offender's restitution plan. The
11 18 bill eliminates provisions allowing a contribution by a
11 19 criminal offender to a local anticrime organization as part of
11 20 the offender's restitution plan.
11 21 LSB 5297HV 81
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