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:
  5 TLSB 1240SV 81
  6 jm/pj/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 602.1217, 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.
  9  8 LSB 1240SV 81
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