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 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 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