Senate File 381 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1129) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to judicial branch procedures, including 2 appointments of court of appeals judges, district judges, 3 district associate judges, associate juvenile judges, 4 associate probate judges, magistrates, and patient advocates, 5 and compensation to judges and other court personnel serving 6 as fiduciaries. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1375SV 82 9 jm/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 46.14A COURT OF APPEALS == 1 2 NOMINEES. 1 3 Vacancies in the court of appeals shall be filled by 1 4 appointment by the governor from a list of nominees submitted 1 5 by the state judicial nominating commission. Three nominees 1 6 shall be submitted for each vacancy. Nominees to the court of 1 7 appeals shall have the qualifications prescribed for nominees 1 8 to the supreme court. 1 9 Sec. 2. Section 46.15, Code 2007, is amended to read as 1 10 follows: 1 11 46.15 APPOINTMENTS TO BE FROM NOMINEES. 1 12 1. All appointments to the supreme court and court of 1 13 appeals shall be made from the nominees of the state judicial 1 14 nominating commission, and all appointments to the district 1 15 court shall be made from the nominees of the district judicial 1 16 nominating commission.Nominees to the court of appeals shall 1 17 have the qualifications prescribed for nominees to the supreme 1 18 court.1 19 2.Vacancies in the court of appeals shall be filled by 1 20 appointment by the governor from a list of nominees submitted 1 21 by the state judicial nominating commission. Five nominees 1 22 shall be submitted for each vacancy.If the governor fails to 1 23 make an appointment within thirty days after a list of 1 24 nominees has been submitted, the appointment shall be made 1 25 from the list of nominees by the chief justice of the supreme 1 26 court. 1 27 Sec. 3. Section 229.19, subsection 1, unnumbered paragraph 1 28 1, Code 2007, is amended to read as follows: 1 29The district court in each county with a population of 1 30 under three hundred thousand inhabitants and the board of 1 31 supervisors inIn each county with a population of three 1 32 hundred thousand or more inhabitants the board of supervisors 1 33 shall appoint an individual who has demonstrated by prior 1 34 activities an informed concern for the welfare and 1 35 rehabilitation of persons with mental illness, and who is not 2 1 an officer or employee of the department of human services nor 2 2 of any agency or facility providing care or treatment to 2 3 persons with mental illness, to act as advocate representing 2 4 the interests of patients involuntarily hospitalized by the 2 5 court, in any matter relating to the patients' hospitalization 2 6 or treatment under section 229.14 or 229.15. In each county 2 7 with a population of under three hundred thousand inhabitants, 2 8 the chief judge of the judicial district encompassing the 2 9 county shall appoint the advocate. 2 10 PARAGRAPH DIVIDED. The court or, if the advocate is 2 11 appointed by the county board of supervisors, the board shall 2 12 assign the advocate appointed from a patient's county of legal 2 13 settlement to represent the interests of the patient. If a 2 14 patient has no county of legal settlement, the court or, if 2 15 the advocate is appointed by the county board of supervisors, 2 16 the board shall assign the advocate appointed from the county 2 17 where the hospital or facility is located to represent the 2 18 interests of the patient. 2 19 PARAGRAPH DIVIDED. The advocate's responsibility with 2 20 respect to any patient shall begin at whatever time the 2 21 attorney employed or appointed to represent that patient as 2 22 respondent in hospitalization proceedings, conducted under 2 23 sections 229.6 to 229.13, reports to the court that the 2 24 attorney's services are no longer required and requests the 2 25 court's approval to withdraw as counsel for that patient. 2 26 However, if the patient is found to be seriously mentally 2 27 impaired at the hospitalization hearing, the attorney 2 28 representing the patient shall automatically be relieved of 2 29 responsibility in the case and an advocate shall be assigned 2 30 to the patient at the conclusion of the hearing unless the 2 31 attorney indicates an intent to continue the attorney's 2 32 services and the court so directs. If the court directs the 2 33 attorney to remain on the case, the attorney shall assume all 2 34 the duties of an advocate. The clerk shall furnish the 2 35 advocate with a copy of the court's order approving the 3 1 withdrawal and shall inform the patient of the name of the 3 2 patient's advocate. 3 3 PARAGRAPH DIVIDED. With regard to each patient whose 3 4 interests the advocate is required to represent pursuant to 3 5 this section, the advocate's duties shall include all of the 3 6 following: 3 7 Sec. 4. Section 602.6201, subsection 2, Code 2007, is 3 8 amended to read as follows: 3 9 2. A district judge must be a resident of the judicial 3 10 election district in which appointed and retained. Subject to 3 11 the provision for reassignment of judges under section 3 12 602.6108, a district judge shall serve in the district of the 3 13 judge's residence while in office, regardless of the number of 3 14 judgeships to which the district is entitled under the formula 3 15 prescribed by the supreme court in subsection 3. 3 16 Sec. 5. Section 602.6201, subsection 3, Code 2007, is 3 17 amended by striking the subsection and inserting in lieu 3 18 thereof the following: 3 19 3. The supreme court shall prescribe, subject to the 3 20 restrictions of this section, a formula to determine the 3 21 number of district judges who will serve in each judicial 3 22 election district. The formula shall be based upon a model 3 23 that measures and applies an estimated case=related workload 3 24 formula of judicial officers, and shall account for 3 25 administrative duties, travel time, and other judicial duties 3 26 not related to a specific case. 3 27 Sec. 6. Section 602.6201, subsections 4, 5, 6, 7, 8, 9, 3 28 and 10, Code 2007, are amended to read as follows: 3 29 4. For purposes of this section, a vacancy means the 3 30 death, resignation, retirement, or removal of a district 3 31 judge, or the failure of a district judge to be retained in 3 32 office at the judicial election, or an increase in judgeships 3 33 underthis sectionthe formula prescribed in subsection 3. 3 34 5. In those judicial election districts having more 3 35 district judges than the number of judgeships specified by the 4 1 formula prescribed in subsection 3, vacancies shall not be 4 2 filled. 4 3 6. In those judicial election districts having fewer or 4 4 the same number of district judges as the number of judgeships 4 5 specified by the formula prescribed in subsection 3, vacancies 4 6 in the number of district judges shall be filled as they 4 7 occur. 4 8 7. In those judicial districts that contain more than one 4 9 judicial election district, a vacancy in a judicial election 4 10 district shall not be filled if the total number of district 4 11 judges in all judicial election districts within the judicial 4 12 district equals or exceeds the aggregate number of judgeships 4 13 to which all of the judicial election districts of the 4 14 judicial district are authorized by the formula in subsection 4 15 3. 4 16 8. An incumbent district judge shall not be removed from 4 17 office because of a reduction in the number of authorized 4 18 judgeships specified by the formula prescribed in subsection 4 19 3. 4 20 9. During February of each year, and at other times as 4 21 appropriate, the state court administrator shall make the 4 22 determinationsrequired under this sectionspecified by the 4 23 formula prescribed in subsection 3, and shall notify the 4 24 appropriate nominating commissions and the governor of 4 25 appointments that are required. 4 26 10. Notwithstanding the formula for determining the number 4 27 ofjudgeships in this sectiondistrict judges prescribed in 4 28 subsection 3, the number of district judges shall not exceed 4 29 one hundred sixteen during the period commencing July 1, 1999. 4 30 Sec. 7. Section 602.6201, subsections 11 and 12, Code 4 31 2007, are amended by striking the subsections. 4 32 Sec. 8. Section 602.6502, Code 2007, is amended to read as 4 33 follows: 4 34 602.6502MEMBER OF COMMISSION NOT TO BE APPOINTED TO 4 35 OFFICEPROHIBITIONS TO APPOINTMENT. 5 1 A member of a county magistrate appointing commission shall 5 2 not be appointed to the office of magistrate, and shall not be 5 3 nominated for or appointed to the office of district associate 5 4 judge, office of associate juvenile judge, or office of 5 5 associate probate judge. A member of the commission shall not 5 6 be eligible to vote for the appointment or nomination of a 5 7 family member, current law partner, or current business 5 8 partner. For purposes of this section, "family member" means 5 9 a spouse, son, daughter, brother, sister, uncle, aunt, first 5 10 cousin, nephew, niece, father=in=law, mother=in=law, 5 11 son=in=law, daughter=in=law, brother=in=law, sister=in=law, 5 12 father, mother, stepfather, stepmother, stepson, stepdaughter, 5 13 stepbrother, stepsister, half brother, or half sister. 5 14 Sec. 9. Section 633.201, Code 2007, is amended to read as 5 15 follows: 5 16 633.201 COURT OFFICERS AS FIDUCIARIES. 5 17 Judges, clerks, and deputy clerks serving as fiduciaries 5 18 shall not be allowed any compensation for services as such 5 19 fiduciaries. A judge, clerk, or deputy clerk serving as a 5 20 fiduciary may be compensated for fiduciary services if the 5 21 services are for a family member's estate, trust, 5 22 guardianship, or conservatorship. For purposes of this 5 23 section, "family member" means a spouse, child, grandchild, 5 24 parent, grandparent, sibling, niece, nephew, cousin, or other 5 25 relative or individual with significant personal ties to the 5 26 fiduciary. 5 27 EXPLANATION 5 28 This bill relates to judicial branch procedures, including 5 29 appointments of court of appeals judges, district court 5 30 judges, magistrates, and patient advocates, and compensation 5 31 to judges and other court personnel serving as fiduciaries. 5 32 The bill changes the number of nominees the state judicial 5 33 nominating commission certifies to the governor when a vacancy 5 34 occurs on the court of appeals. Under the bill, the state 5 35 judicial nominating commission certifies three nominees to the 6 1 governor for an appointment to the court of appeals. Current 6 2 law provides that the state judicial nominating commission 6 3 certify five nominees to the governor for an appointment to 6 4 the court of appeals. 6 5 The bill provides that in each county with a population of 6 6 under 300,000 inhabitants, the chief judge of the judicial 6 7 district encompassing the county shall appoint the patient 6 8 advocate. Current law provides that the district court in 6 9 each county with a population under 300,000 inhabitants 6 10 appoints the patient advocate. In counties with a population 6 11 equal to or greater than 300,000 inhabitants, the board of 6 12 supervisors would continue to appoint the patient advocate. A 6 13 patient advocate represents the interests of patients 6 14 involuntarily hospitalized by the court. 6 15 The bill eliminates the formula for the distribution of 6 16 district judges among the judicial election districts in Code 6 17 section 602.6201(3) and replaces it with a formula prescribed 6 18 by the supreme court. The bill provides that the formula 6 19 prescribed by the supreme court shall be based upon a model 6 20 that measures and applies an estimated case=related workload 6 21 formula of judicial officers, and shall account for 6 22 administrative duties, travel time, and other judicial duties 6 23 not related to a specific case. Under the bill and in current 6 24 law, an incumbent district judge shall not be removed from 6 25 office because of a reduction in the number of authorized 6 26 judgeships within a particular judicial election district, and 6 27 the number of judges remains capped at 116 district judges. 6 28 Under the bill, a member of the county magistrate 6 29 appointing commission is prohibited from being appointed to or 6 30 nominated for the office of associate juvenile judge or 6 31 associate probate judge. Current law prohibits a member of 6 32 the commission from being appointed to or nominated for the 6 33 position of magistrate or the office of district associate 6 34 judge. 6 35 The bill also prohibits a member of the county magistrate 7 1 appointing commission from voting for a family member or 7 2 current law or business partner for a magistrate position, or 7 3 the office of district associate judge, associate juvenile 7 4 judge, or associate probate judge. 7 5 The bill provides that a judge, clerk, or deputy clerk 7 6 serving as a fiduciary may be compensated for providing 7 7 fiduciary services if such services are for a close friend's 7 8 or family member's estate, trust, guardianship, or 7 9 conservatorship. Current law prohibits a judge, clerk, or 7 10 deputy clerk from being compensated for providing fiduciary 7 11 services. 7 12 LSB 1375SV 82 7 13 jm:rj/gg/14