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
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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 than two one hundred
  1 11 seventy thousand; four in counties having a population of two
  1 12 one hundred seventy thousand or more and less than two hundred
  1 13 thirty=five fifteen thousand; five in counties having a
  1 14 population of two hundred thirty=five fifteen thousand or more
  1 15 and less than two hundred seventy sixty thousand; six in
  1 16 counties having a population of two hundred seventy sixty
  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.
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