House Study Bill 638 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 district associate judges 2 and magistrates. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5366DP 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 shall not be counted for purposes 2 2 of this section and the reduction of a district associate 2 3 judge pursuant to section 602.6303 also shall not be counted 2 4 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. Section 602.6401, subsection 1, Code Supplement 3 14 2005, is amended to read as follows: 3 15 1. Two hundred six magistrates shall be apportioned among 3 16 the counties as provided in this section. Magistrates 3 17 appointed pursuant to section 602.6303 or 602.6402 shall not 3 18 be counted for purposes of this section. 3 19 Sec. 4. Section 602.6403, subsection 1, Code 2005, is 3 20 amended to read as follows: 3 21 1. By June 1 of each year in which magistrates' terms 3 22 expire, the county magistrate appointing commission shall 3 23 appoint, except as otherwise provided in section 602.6302, the 3 24 number of magistrates apportioned to the county by the state 3 25 court administrator under section 602.6401, the number of 3 26 magistrates required pursuant to substitution orders in effect 3 27 under section 602.6303, and may appoint an additional 3 28 magistrate when allowed by section 602.6402. The commission 3 29 shall not appoint more magistrates than are authorized for the 3 30 county by this article. 3 31 EXPLANATION 3 32 This bill relates to the appointment of district associate 3 33 judges and magistrates. 3 34 The bill increases the number of district associate judges 3 35 eligible to be appointed in a county based upon the population 4 1 of that county as provided in Code section 602.6301. 4 2 The bill provides that the chief judge of the judicial 4 3 election district may designate by order of substitution that 4 4 three magistrates be appointed in lieu of the appointment of a 4 5 vacant district associate judgeship. The appointment of the 4 6 three magistrates pursuant to the bill is subject to the 4 7 following limitations: the substitution shall not result in 4 8 the judicial district receiving more magistrates than are 4 9 authorized under the magistrate formula; the substitution is 4 10 approved by the supreme court; and a majority of district 4 11 judges in the judicial election district, or if the 4 12 appointments involve more than one judicial election district, 4 13 a majority of district judges in each election district, vote 4 14 to approve the substitution of three magistrates for one 4 15 district associate judgeship. 4 16 The bill requires a copy of the order of substitution be 4 17 received by the chairperson of the county magistrate 4 18 appointing commission or commissions no later than May 31 of 4 19 the year the order is to take effect. The bill also requires 4 20 the substitution order to designate the county of appointment 4 21 for each magistrate. 4 22 The bill provides that if a majority of district judges in 4 23 a judicial election district determines that a substitution 4 24 order is no longer desirable, then the substitution order 4 25 shall terminate. After the substitution order terminates 4 26 under the bill, and the terms of the magistrate positions 4 27 expire, an appointment shall be made to reestablish the term 4 28 of office for a district associate judge. 4 29 LSB 5366DP 81 4 30 jm:nh/je/5.1