Senate File 380 - Introduced
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1154)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to judicial branch procedures involving
2 applications for further review and the appointment of
3 judicial officers and chief juvenile court officers.
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, 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 602.1217, subsection 1, Code 2005, is
1 34 amended to read as follows:
1 35 1. The district judges within a chief judge of each
2 1 judicial district, by majority vote, after consultation with
2 2 the judges of the judicial district, shall appoint a chief
2 3 juvenile court officer and may remove the officer for cause.
2 4 Sec. 3. Section 602.4102, subsection 5, Code 2005, is
2 5 amended to read as follows:
2 6 5. The court of appeals shall extend the time for filing
2 7 of an application if the court of appeals determines that a
2 8 failure to timely file an application was due to the failure
2 9 of the clerk of the court of appeals to notify the prospective
2 10 applicant of the filing of the decision. If an application
2 11 for further review is not acted upon by the supreme court
2 12 within thirty days after the application was filed, the
2 13 application is deemed denied, the supreme court loses
2 14 jurisdiction, and the decision of the court of appeals is
2 15 conclusive.
2 16 Sec. 4. Section 602.6301, Code 2005, is amended to read as
2 17 follows:
2 18 602.6301 NUMBER AND APPORTIONMENT OF DISTRICT ASSOCIATE
2 19 JUDGES.
2 20 There shall be one district associate judge in counties
2 21 having a population of more than thirty=five thousand and less
2 22 than eighty thousand; two in counties having a population of
2 23 eighty thousand or more and less than one hundred twenty=five
2 24 thousand; three in counties having a population of one hundred
2 25 twenty=five thousand or more and less than two one hundred
2 26 seventy=five thousand; four in counties having a population of
2 27 two one hundred seventy=five thousand or more and less than
2 28 two hundred thirty=five fifteen thousand; five in counties
2 29 having a population of two hundred thirty=five fifteen
2 30 thousand or more and less than two hundred seventy sixty
2 31 thousand; six in counties having a population of two hundred
2 32 seventy sixty thousand or more and less than three hundred
2 33 five thousand; and seven in counties having a population of
2 34 three hundred five thousand or more and less than three
2 35 hundred fifty thousand; eight in counties having a population
3 1 of three hundred fifty thousand or more and less than three
3 2 hundred ninety=five thousand; nine in counties having a
3 3 population of three hundred ninety=five thousand or more and
3 4 less than four hundred forty thousand; ten in counties having
3 5 a population of four hundred forty thousand or more and less
3 6 than four hundred eighty=five thousand; and one additional
3 7 judge for every population increment of thirty=five thousand
3 8 which is over four hundred eighty=five thousand in such
3 9 counties. However, a county shall not lose a district
3 10 associate judgeship solely because of a reduction in the
3 11 county's population. If the formula provided in this section
3 12 results in the allocation of an additional district associate
3 13 judgeship to a county, implementation of the allocation shall
3 14 be subject to prior approval of the supreme court and
3 15 availability of funds to the judicial branch. A district
3 16 associate judge appointed pursuant to section 602.6302 shall
3 17 not be counted for purposes of this section.
3 18 Sec. 5. Section 602.6304, subsections 2 and 3, Code 2005,
3 19 are amended to read as follows:
3 20 2. In November of any year in which an impending vacancy
3 21 is created because a district associate judge is not retained
3 22 in office pursuant to a judicial election, the county
3 23 magistrate appointing commission shall publicize notice of the
3 24 vacancy in at least two publications in the official county
3 25 newspaper. The commission shall accept applications for
3 26 consideration for nomination as district associate judge for a
3 27 minimum of fifteen days prior to certifying nominations. The
3 28 commission shall consider the applications and shall, by
3 29 majority vote, certify to the chief judge of the judicial
3 30 district not later than December 15 of that year the names of
3 31 three applicants who are nominated by the commission for the
3 32 vacancy, unless the chief justice has ordered the commission
3 33 to delay the certification of the nominees to the chief judge.
3 34 The chief justice may order the delay of the certification for
3 35 up to one hundred eighty days for budgetary reasons. If there
4 1 are three or fewer applicants the commission shall certify all
4 2 applicants who meet the statutory qualifications. Nominees
4 3 shall be chosen solely on the basis of the qualifications of
4 4 the applicants, and political affiliation shall not be
4 5 considered.
4 6 3. Within thirty days after a county magistrate appointing
4 7 commission receives notification of an actual or impending
4 8 vacancy in the office of district associate judge, other than
4 9 a vacancy referred to in subsection 2, the commission shall
4 10 certify to the chief judge of the judicial district the names
4 11 of three applicants who are nominated by the commission for
4 12 the vacancy, unless the chief justice has ordered the
4 13 commission to delay the certification of the nominees to the
4 14 chief judge. The chief justice may order the delay of the
4 15 certification for up to one hundred eighty days for budgetary
4 16 reasons. The commission shall publicize notice of the vacancy
4 17 in at least two publications in the official county newspaper.
4 18 The commission shall accept applications for consideration for
4 19 nomination as district associate judge for a minimum of
4 20 fifteen days prior to certifying nominations. The commission
4 21 shall consider the applications and shall, by majority vote,
4 22 certify to the chief judge of the judicial district the names
4 23 of three applicants who are nominated by the commission for
4 24 the vacancy. If there are three or fewer applicants the
4 25 commission shall certify all applicants who meet the statutory
4 26 qualifications. Nominees shall be chosen solely on the basis
4 27 of the qualifications of the applicants, and political
4 28 affiliation shall not be considered. As used in this
4 29 subsection, a vacancy is created by the death, retirement,
4 30 resignation, or removal of a district associate judge, or by
4 31 an increase in the number of positions authorized.
4 32 Sec. 6. Section 602.6403, subsection 3, Code 2005, is
4 33 amended to read as follows:
4 34 3. Within thirty days following receipt of notification of
4 35 a vacancy in the office of magistrate, the commission shall
5 1 appoint a person to the office to serve the remainder of the
5 2 unexpired term, unless the chief justice has ordered the
5 3 commission to delay the appointment for up to one hundred
5 4 eighty days for budgetary reasons. For purposes of this
5 5 section, vacancy means a death, resignation, retirement, or
5 6 removal of a magistrate, or an increase in the number of
5 7 positions authorized.
5 8 Sec. 7. Section 602.7103B, subsections 2 and 3, Code 2005,
5 9 are amended to read as follows:
5 10 2. In November of any year in which an impending vacancy
5 11 is created because a full=time associate juvenile judge is not
5 12 retained in office pursuant to a judicial election, the county
5 13 magistrate appointing commission shall publicize notice of the
5 14 vacancy in at least two publications in the official county
5 15 newspaper. The commission shall accept applications for
5 16 consideration for nomination as full=time associate juvenile
5 17 judge for a minimum of fifteen days prior to certifying
5 18 nominations. The commission shall consider the applications
5 19 and shall, by majority vote, certify to the chief judge of the
5 20 judicial district not later than December 15 of that year the
5 21 names of three applicants who are nominated by the commission
5 22 for the vacancy, unless the chief justice has ordered the
5 23 commission to delay the certification of the nominees to the
5 24 chief judge. The chief justice may order the delay of the
5 25 certification for up to one hundred eighty days for budgetary
5 26 reasons. If there are three or fewer applicants, the
5 27 commission shall certify all applicants who meet the statutory
5 28 qualifications. Nominees shall be chosen solely on the basis
5 29 of the qualifications of the applicants, and political
5 30 affiliation shall not be considered.
5 31 3. Within thirty days after a county magistrate appointing
5 32 commission receives notification of an actual or impending
5 33 vacancy in the office of full=time associate juvenile judge,
5 34 other than a vacancy referred to in subsection 2, the
5 35 commission shall certify to the chief judge of the judicial
6 1 district the names of three applicants who are nominated by
6 2 the commission for the vacancy, unless the chief justice has
6 3 ordered the commission to delay the certification of the
6 4 nominees to the chief judge. The chief justice may order the
6 5 delay of the certification for up to one hundred eighty days
6 6 for budgetary reasons. The commission shall publicize notice
6 7 of the vacancy in at least two publications in the official
6 8 county newspaper. The commission shall accept applications
6 9 for consideration for nomination as full=time associate
6 10 juvenile judge for a minimum of fifteen days prior to
6 11 certifying nominations. The commission shall consider the
6 12 applications and shall, by majority vote, certify to the chief
6 13 judge of the judicial district the names of three applicants
6 14 who are nominated by the commission for the vacancy. If there
6 15 are three or fewer applicants, the commission shall certify
6 16 all applicants who meet the statutory qualifications.
6 17 Nominees shall be chosen solely on the basis of the
6 18 qualifications of the applicants, and political affiliation
6 19 shall not be considered. As used in this subsection, a
6 20 vacancy is created by the death, retirement, resignation, or
6 21 removal of a full=time associate juvenile judge, or by an
6 22 increase in the number of positions authorized.
6 23 Sec. 8. Section 633.20B, subsections 2 and 3, Code 2005,
6 24 are amended to read as follows:
6 25 2. In November of any year in which an impending vacancy
6 26 is created because a full=time associate probate judge is not
6 27 retained in office pursuant to a judicial election, the county
6 28 magistrate appointing commission shall publicize notice of the
6 29 vacancy in at least two publications in the official county
6 30 newspaper. The commission shall accept applications for
6 31 consideration for nomination as full=time associate probate
6 32 judge for a minimum of fifteen days prior to certifying
6 33 nominations. The commission shall consider the applications
6 34 and shall, by majority vote, certify to the chief judge of the
6 35 judicial district not later than December 15 of that year the
7 1 names of three applicants who are nominated by the commission
7 2 for the vacancy, unless the chief justice has ordered the
7 3 commission to delay the certification of the nominees to the
7 4 chief judge. The chief justice may order the delay of the
7 5 certification for up to one hundred eighty days for budgetary
7 6 reasons. If there are three or fewer applicants, the
7 7 commission shall certify all applicants who meet the statutory
7 8 qualifications. Nominees shall be chosen solely on the basis
7 9 of the qualifications of the applicants, and political
7 10 affiliation shall not be considered.
7 11 3. Within thirty days after a county magistrate appointing
7 12 commission receives notification of an actual or impending
7 13 vacancy in the office of full=time associate probate judge,
7 14 other than a vacancy referred to in subsection 2, the
7 15 commission shall certify to the chief judge of the judicial
7 16 district the names of three applicants who are nominated by
7 17 the commission for the vacancy, unless the chief justice has
7 18 ordered the commission to delay the certification of the
7 19 nominees to the chief judge. The chief justice may order the
7 20 delay of the certification for up to one hundred eighty days
7 21 for budgetary reasons. The commission shall publicize notice
7 22 of the vacancy in at least two publications in the official
7 23 county newspaper. The commission shall accept applications
7 24 for consideration for nomination as full=time associate
7 25 probate judge for a minimum of fifteen days prior to
7 26 certifying nominations. The commission shall consider the
7 27 applications and shall, by majority vote, certify to the chief
7 28 judge of the judicial district the names of three applicants
7 29 who are nominated by the commission for the vacancy. If there
7 30 are three or fewer applicants, the commission shall certify
7 31 all applicants who meet the statutory qualifications.
7 32 Nominees shall be chosen solely on the basis of the
7 33 qualifications of the applicants, and political affiliation
7 34 shall not be considered. As used in this subsection, a
7 35 vacancy is created by the death, retirement, resignation, or
8 1 removal of a full=time associate probate judge, or by an
8 2 increase in the number of positions authorized.
8 3 Sec. 9. DELAYS IN FILLING SUPREME COURT OR COURT OF
8 4 APPEALS VACANCY. When a vacancy occurs or will occur as
8 5 provided for in section 46.12, subsection 1, the chief justice
8 6 may order the state commissioner of elections to delay sending
8 7 the notification. The chief justice may order the delay for
8 8 up to one hundred eighty days for budgetary reasons. This
8 9 section is repealed on July 1, 2006.
8 10 Sec. 10. 2003 Iowa Acts, chapter 151, section 64, is
8 11 repealed.
8 12 EXPLANATION
8 13 This bill relates to practices and procedures of the
8 14 judicial branch.
8 15 The bill provides the chief justice may delay the
8 16 appointment of a judge or magistrate for budgetary reasons.
8 17 Current law provides only through July 1, 2006, that the chief
8 18 justice may delay the appointment of a judge or magistrate for
8 19 up to 180 days for budgetary reasons.
8 20 The bill does not change current law regarding the chief
8 21 justice delaying the appointment of a supreme court justice or
8 22 court of appeals judge for up to 180 days for budgetary
8 23 reasons. The repeal of this provision remains effective July
8 24 1, 2006; thus after July 1, 2006, the chief justice will no
8 25 longer be able to delay the appointment of a supreme court
8 26 justice or court of appeals judge for budgetary reasons.
8 27 The bill also provides the chief judge of a judicial
8 28 district shall, after consultation with the judges of the
8 29 judicial district, appoint to or remove from office the chief
8 30 juvenile court officer. Current law provides the juvenile
8 31 court officer shall be appointed to or removed from office by
8 32 a majority vote of the district judges of the judicial
8 33 district.
8 34 The bill increases the number of district associate judges
8 35 eligible to be appointed in a county based upon the population
9 1 of that county.
9 2 The bill strikes the requirement that the supreme court has
9 3 30 days to act upon an application for further review from a
9 4 court of appeals decision. Current law requires the supreme
9 5 court to act upon an application for further review of a court
9 6 of appeals decision within 30 days after the application is
9 7 filed or the decision by the court of appeals is conclusive.
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