House Study Bill 549



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL BRANCH
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the appointment of a judicial officer, a clerk
  2    of the district court, or a chief juvenile court officer.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5297DP 81
  5 jm/je/5

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.  2003 Iowa Acts, chapter 151, section 64, is
  7  8 repealed.
  7  9                           EXPLANATION
  7 10    This bill relates to practices and procedures of the
  7 11 judicial branch.
  7 12    The bill provides the chief justice may indefinitely delay
  7 13 the appointment of a judge or magistrate for budgetary
  7 14 reasons.  Current law provides only through July 1, 2006, that
  7 15 the chief justice may delay the appointment of a judge or
  7 16 magistrate for up to 180 days for budgetary reasons.
  7 17    The bill changes current law regarding the chief justice
  7 18 delaying the appointment of a supreme court justice or court
  7 19 of appeals judge for up to 180 days for budgetary reasons.
  7 20 Under the bill, the chief justice will no longer be able to
  7 21 delay the appointment of a supreme court justice or court of
  7 22 appeals judge for budgetary reasons.
  7 23    The bill provides that the chief judge of a judicial
  7 24 district shall, after consultation with the judges of the
  7 25 judicial election district, appoint to or remove from office
  7 26 the clerk of the district court.  Current law provides that
  7 27 the clerk of the district court is appointed or removed from
  7 28 office by a majority vote of the district judges within the
  7 29 judicial election district.
  7 30    The bill also provides the chief judge of a judicial
  7 31 district shall, after consultation with the judges of the
  7 32 judicial district, appoint to or remove from office the chief
  7 33 juvenile court officer.  Current law provides that the
  7 34 juvenile court officer shall be appointed to or removed from
  7 35 office by a majority vote of the district judges of the
  8  1 judicial district.
  8  2 LSB 5297DP 81
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