House File 711 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 198)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to judicial branch procedures involving the
2 appointment process of certain officers and judges and
3 applications for further review at the appellate level.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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. The chief justice may
1 19 order the delay for budgetary reasons. The chairperson shall
1 20 call a meeting of the commission within ten days after such
1 21 notice; if the chairperson fails to do so, the chief justice
1 22 shall call such meeting.
1 23 3. When a judge of the supreme court, court of appeals, or
1 24 district court resigns, the judge shall submit a copy of the
1 25 resignation to the state commissioner of elections at the time
1 26 the judge submits the resignation to the governor; and when a
1 27 judge of the supreme court, court of appeals, or district
1 28 court dies, the clerk of district court of the county of the
1 29 judge's residence shall in writing forthwith notify the state
1 30 commissioner of elections of such fact.
1 31 Sec. 2. Section 602.1215, subsection 1, Code 2005, is
1 32 amended to read as follows:
1 33 1. Subject to the provisions of section 602.1209,
1 34 subsection 3, the district judges chief judge of each judicial
1 35 election district, after consultation with the judges of the
2 1 appropriate judicial election district, shall by majority vote
2 2 appoint persons to serve as clerks of the district court
2 3 within the judicial election district. The district judges
2 4 chief judge of a judicial election district may appoint a
2 5 person to serve as clerk of the district court for more than
2 6 one but not more than four contiguous counties in the same
2 7 judicial district. A person does not qualify for appointment
2 8 to the office of clerk of the district court unless the person
2 9 is at the time of application a resident of the state. A
2 10 clerk of the district court may be removed from office for
2 11 cause by a majority vote of the district judges chief judge of
2 12 the judicial election district. Before removal, the clerk of
2 13 the district court shall be notified of the cause for removal.
2 14 Sec. 3. Section 602.1217, subsection 1, Code 2005, is
2 15 amended to read as follows:
2 16 1. The district judges within a chief judge of each
2 17 judicial district, by majority vote, after consultation with
2 18 the judges of the judicial district, shall appoint a chief
2 19 juvenile court officer and may remove the officer for cause.
2 20 Sec. 4. Section 602.4102, subsection 5, Code 2005, is
2 21 amended to read as follows:
2 22 5. The court of appeals shall extend the time for filing
2 23 of an application if the court of appeals determines that a
2 24 failure to timely file an application was due to the failure
2 25 of the clerk of the court of appeals to notify the prospective
2 26 applicant of the filing of the decision. If an application
2 27 for further review is not acted upon by the supreme court
2 28 within thirty days after the application was filed, the
2 29 application is deemed denied, the supreme court loses
2 30 jurisdiction, and the decision of the court of appeals is
2 31 conclusive.
2 32 Sec. 5. Section 602.6301, Code 2005, is amended to read as
2 33 follows:
2 34 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE
2 35 JUDGES.
3 1 There shall be one district associate judge in counties
3 2 having a population of more than thirty=five thousand and less
3 3 than eighty thousand; two in counties having a population of
3 4 eighty thousand or more and less than one hundred twenty=five
3 5 thousand; three in counties having a population of one hundred
3 6 twenty=five thousand or more and less than two one hundred
3 7 seventy=five thousand; four in counties having a population of
3 8 two one hundred seventy=five thousand or more and less than
3 9 two hundred thirty=five fifteen thousand; five in counties
3 10 having a population of two hundred thirty=five fifteen
3 11 thousand or more and less than two hundred seventy sixty
3 12 thousand; six in counties having a population of two hundred
3 13 seventy sixty thousand or more and less than three hundred
3 14 five thousand; and seven in counties having a population of
3 15 three hundred five thousand or more and less than three
3 16 hundred fifty thousand; eight in counties having a population
3 17 of three hundred fifty thousand or more and less than three
3 18 hundred ninety=five thousand; nine in counties having a
3 19 population of three hundred ninety=five thousand or more and
3 20 less than four hundred forty thousand; ten in counties having
3 21 a population of four hundred forty thousand or more and less
3 22 than four hundred eighty=five thousand; and one additional
3 23 judge for every population increment of thirty=five thousand
3 24 which is over four hundred eighty=five thousand in such
3 25 counties. However, a county shall not lose a district
3 26 associate judgeship solely because of a reduction in the
3 27 county's population. If the formula provided in this section
3 28 results in the allocation of an additional district associate
3 29 judgeship to a county, implementation of the allocation shall
3 30 be subject to prior approval of the supreme court and
3 31 availability of funds to the judicial branch. A district
3 32 associate judge appointed pursuant to section 602.6302 shall
3 33 not be counted for purposes of this section.
3 34 Sec. 6. 2003 Iowa Acts, chapter 151, section 64, is
3 35 amended to read as follows:
4 1 SEC. 64. The sections of this Act amending section 46.12;
4 2 section 602.6304, subsections 2 and 3; and sections 602.6403,
4 3 602.7103B, and 633.20B are repealed on July 1, 2006 2007.
4 4 Sec. 7. DELAYS IN FILLING DISTRICT COURT JUDGE VACANCY.
4 5 When a vacancy occurs or will occur as provided in section
4 6 46.12, subsection 2, the chief justice may order the state
4 7 commissioner of elections to delay sending the notification.
4 8 The chief justice may order the delay for up to one hundred
4 9 eighty days for budgetary reasons. This section is repealed
4 10 on July 1, 2007.
4 11 EXPLANATION
4 12 This bill relates to practices and procedures of the
4 13 judicial branch.
4 14 The bill provides the chief justice may delay the
4 15 appointment of any trial court judge or magistrate for up to
4 16 180 days for budgetary reasons through July 1, 2007. Current
4 17 law provides that the chief justice may delay the appointment
4 18 of any judge or magistrate only through July 1, 2006.
4 19 The bill repeals the provisions permitting the chief
4 20 justice to delay the appointment of a supreme court justice or
4 21 court of appeals judge for up to 180 days for budgetary
4 22 reasons.
4 23 Under the bill, the chief judge of a judicial district
4 24 shall, after consultation with the judges of the judicial
4 25 election district, appoint to or remove from office the clerk
4 26 of the district court. Current law provides that the clerk of
4 27 the district court is appointed or removed from office by a
4 28 majority vote of the district judges within the judicial
4 29 election district.
4 30 The bill also provides that the chief judge of a judicial
4 31 district shall, after consultation with the judges of the
4 32 judicial district, appoint to or remove from office the chief
4 33 juvenile court officer. Current law provides the juvenile
4 34 court officer shall be appointed to or removed from office by
4 35 a majority vote of the district judges of the judicial
5 1 district.
5 2 The bill increases the number of district associate judges
5 3 eligible to be appointed in a county based upon the population
5 4 of that county.
5 5 The bill strikes the requirement that the supreme court has
5 6 30 days to act upon an application for further review from a
5 7 court of appeals decision. Current law requires the supreme
5 8 court to act upon an application for further review of a court
5 9 of appeals decision within 30 days after the application is
5 10 filed or the decision by the court of appeals is conclusive.
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