House File 2640 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 638) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the appointment of district associate judges 2 and magistrates. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5366HV 81 5 jm/je/5 PAG LIN 1 1 Section 1. Section 602.6301, Code 2005, is amended to read 1 2 as follows: 1 3 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE 1 4 JUDGES. 1 5 There shall be one district associate judge in counties 1 6 having a population of more than thirty=five thousand and less 1 7 than eighty thousand; two in counties having a population of 1 8 eighty thousand or more and less than one hundred twenty=five 1 9 thousand; three in counties having a population of one hundred 1 10 twenty=five thousand or more and less thantwoone hundred 1 11 seventy thousand; four in counties having a population oftwo1 12 one hundred seventy thousand or more and less than two hundred 1 13thirty=fivefifteen thousand; five in counties having a 1 14 population of two hundredthirty=fivefifteen thousand or more 1 15 and less than two hundredseventysixty thousand; six in 1 16 counties having a population of two hundredseventysixty 1 17 thousand or more and less than three hundred five thousand; 1 18 and seven in counties having a population of three hundred 1 19 five thousand or more and less than three hundred fifty 1 20 thousand; eight in counties having a population of three 1 21 hundred fifty thousand or more and less than three hundred 1 22 ninety=five thousand; nine in counties having a population of 1 23 three hundred ninety=five thousand or more and less than four 1 24 hundred forty thousand; ten in counties having a population of 1 25 four hundred forty thousand or more and less than four hundred 1 26 eighty=five thousand; and one additional judge for every 1 27 population increment of thirty=five thousand which is over 1 28 four hundred eighty=five thousand in such counties. However, 1 29 a county shall not lose a district associate judgeship solely 1 30 because of a reduction in the county's population. If the 1 31 formula provided in this section results in the allocation of 1 32 an additional district associate judgeship to a county, 1 33 implementation of the allocation shall be subject to prior 1 34 approval of the supreme court and availability of funds to the 1 35 judicial branch. A district associate judge appointed 2 1 pursuant to section 602.6302 or 602.6307 shall not be counted 2 2 for purposes of this section and the reduction of a district 2 3 associate judge pursuant to section 602.6303 also shall not be 2 4 counted for purposes of this section. 2 5 Sec. 2. NEW SECTION. 602.6303 APPOINTMENT OF MAGISTRATES 2 6 IN LIEU OF DISTRICT ASSOCIATE JUDGE. 2 7 1. The chief judge of the judicial district may designate 2 8 by order of substitution that three magistrates be appointed 2 9 pursuant to this section in lieu of the appointment of a 2 10 district associate judge under section 602.6304, subject to 2 11 the following limitations: 2 12 a. The substitution shall not result in the judicial 2 13 district receiving more magistrates than are authorized under 2 14 the magistrate formula in section 602.6401. 2 15 b. The substitution shall be approved by the supreme 2 16 court. 2 17 c. A majority of district judges in that judicial election 2 18 district, or in the case of an appointment involving more than 2 19 one judicial election district in the same judicial district, 2 20 a majority of the district judges in each judicial election 2 21 district, must vote in favor of the substitution and find that 2 22 the substitution will provide more timely and efficient 2 23 performance of judicial business within that judicial election 2 24 district. 2 25 2. An order of substitution shall not take effect unless a 2 26 copy of the order is received by the chairperson of the county 2 27 magistrate appointing commission or commissions no later than 2 28 May 31 of the year in which the substitution is to take 2 29 effect. The order shall designate the county of appointment 2 30 for each magistrate. A copy of the order shall also be sent 2 31 to the state court administrator. 2 32 3. For a county in which a substitution order is in 2 33 effect, the number of district associate judges actually 2 34 appointed pursuant to section 602.6304 shall be reduced by one 2 35 for each substitution order in effect. 3 1 4. Except as provided in subsections 1 through 3, a 3 2 substitution shall not increase or decrease the number of 3 3 district associate judges authorized by this article. 3 4 5. If a majority of the district judges in a judicial 3 5 election district determine that a substitution is no longer 3 6 desirable, then all three magistrate positions shall be 3 7 terminated. However, a reversion pursuant to this subsection 3 8 shall not take effect until the terms of the three magistrates 3 9 expire. Upon the termination of the magistrate positions 3 10 created under this section, an appointment shall be made to 3 11 reestablish the term of office for a district associate judge 3 12 as provided in sections 602.6304 and 602.6305. 3 13 Sec. 3. NEW SECTION. 602.6307 APPOINTMENT OF DISTRICT 3 14 ASSOCIATE JUDGE IN LIEU OF FULL=TIME ASSOCIATE JUVENILE JUDGE. 3 15 1. The chief judge of a judicial district may designate by 3 16 order of substitution that a district associate judge be 3 17 appointed pursuant to this section in lieu of a full=time 3 18 associate juvenile judge appointed under section 602.7103B, 3 19 subject to the following limitations: 3 20 a. An existing full=time juvenile court judgeship has 3 21 become vacant or is anticipated to become vacant within one 3 22 hundred twenty days of an order of substitution. 3 23 b. The supreme court approves the substitution upon a 3 24 determination that the substitution will provide a more timely 3 25 and efficient performance of judicial business within that 3 26 judicial election district without diminishing the efficiency 3 27 and performance of the juvenile court. 3 28 2. If a district associate judge is substituted for a 3 29 full=time associate juvenile judge pursuant to this section, 3 30 the judicial district shall make every effort to grant the 3 31 juvenile court docket priority over other dockets including 3 32 granting the highest scheduling priority to juvenile court 3 33 proceedings involving child custody, termination of parental 3 34 rights, and child in need of assistance cases. 3 35 3. If the chief judge determines the substitution order is 4 1 no longer desirable, then the order shall be terminated. 4 2 However, a reversion pursuant to this subsection, irrespective 4 3 of cause, shall not take effect until the substitute district 4 4 associate judge fails to be retained in office at a judicial 4 5 election or otherwise leaves office, whether voluntarily or 4 6 involuntarily, and the office becomes vacant. 4 7 Sec. 4. Section 602.6401, subsection 1, Code Supplement 4 8 2005, is amended to read as follows: 4 9 1. Two hundred six magistrates shall be apportioned among 4 10 the counties as provided in this section. Magistrates 4 11 appointed pursuant to section 602.6303 or 602.6402 shall not 4 12 be counted for purposes of this section. 4 13 Sec. 5. Section 602.6403, subsection 1, Code 2005, is 4 14 amended to read as follows: 4 15 1. By June 1 of each year in which magistrates' terms 4 16 expire, the county magistrate appointing commission shall 4 17 appoint, except as otherwise provided in section 602.6302, the 4 18 number of magistrates apportioned to the county by the state 4 19 court administrator under section 602.6401, the number of 4 20 magistrates required pursuant to substitution orders in effect 4 21 under section 602.6303, and may appoint an additional 4 22 magistrate when allowed by section 602.6402. The commission 4 23 shall not appoint more magistrates than are authorized for the 4 24 county by this article. 4 25 EXPLANATION 4 26 This bill relates to the appointment of district associate 4 27 judges and magistrates. 4 28 The bill increases the number of district associate judges 4 29 eligible to be appointed in a county based upon the population 4 30 of that county as provided in Code section 602.6301. 4 31 The bill provides that the chief judge of the judicial 4 32 district may designate by order of substitution that three 4 33 magistrates be appointed in lieu of the appointment of a 4 34 vacant district associate judgeship. The appointment of the 4 35 three magistrates pursuant to the bill is subject to the 5 1 following limitations: the substitution shall not result in 5 2 the judicial district receiving more magistrates than are 5 3 authorized under the magistrate formula; the substitution is 5 4 approved by the supreme court; and a majority of district 5 5 judges in the judicial election district, or if the 5 6 appointments involve more than one judicial election district, 5 7 a majority of district judges in each election district, vote 5 8 to approve the substitution of three magistrates for one 5 9 district associate judgeship. 5 10 The bill requires a copy of the order of substitution be 5 11 received by the chairperson of the county magistrate 5 12 appointing commission or commissions no later than May 31 of 5 13 the year the order is to take effect. The bill also requires 5 14 the substitution order to designate the county of appointment 5 15 for each magistrate. 5 16 The bill provides that if a majority of district judges in 5 17 a judicial election district determines that a substitution 5 18 order is no longer desirable, then the substitution order 5 19 shall terminate. After the substitution order terminates 5 20 under the bill, and the terms of the magistrate positions 5 21 expire, an appointment shall be made to reestablish the term 5 22 of office for a district associate judge. 5 23 The bill also provides that the chief judge of a judicial 5 24 district may designate by order of substitution that a 5 25 district associate judge be appointed in lieu of a full=time 5 26 associate juvenile judge. The appointment of the district 5 27 associate judge pursuant to the bill is subject to the 5 28 following limitations: an existing full=time juvenile court 5 29 judgeship has become vacant or will become vacant within 120 5 30 days of an order of substitution; and the supreme court 5 31 approves the substitution upon a determination the 5 32 substitution will provide for a more timely and efficient 5 33 performance of judicial business without diminishing the 5 34 efficiency of the juvenile court. 5 35 If a district associate judge is appointed in lieu of a 6 1 full=time associate juvenile judge, the bill requires the 6 2 judicial district to make every effort to grant the juvenile 6 3 court docket priority over other dockets. 6 4 The bill provides that if the chief judge determines the 6 5 substitution order is no longer desirable, then the order 6 6 shall be terminated and a full=time associate juvenile judge 6 7 shall be appointed to the position upon the vacancy of the 6 8 district associate judge position. 6 9 LSB 5366HV 81 6 10 jm:nh/je/5