House
Study
Bill
653
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SWAIM)
A
BILL
FOR
An
Act
prohibiting
magistrates
from
acting
as
counsel
in
1
certain
cases.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5813HC
(2)
83
jm/nh
H.F.
_____
Section
1.
Section
602.1605,
Code
2009,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
Notwithstanding
subsection
2,
a
3
magistrate
shall
not
appear
as
counsel
for
a
client
in
any
4
criminal
or
delinquency
proceeding
in
any
court
within
the
5
jurisdiction
of
the
magistrate.
6
EXPLANATION
7
This
bill
relates
to
a
magistrate
acting
as
counsel
for
8
clients
in
the
jurisdiction
of
appointment.
9
The
bill
prohibits
a
magistrate
from
appearing
as
counsel
10
for
a
client
in
any
criminal
or
delinquency
proceeding
in
any
11
court
within
the
jurisdiction
of
the
magistrate.
Current
law
12
requires
cases
where
a
magistrate
appears
as
counsel
within
13
the
jurisdiction
of
the
magistrate
to
be
heard
by
a
district
14
associate
judge
or
district
judge.
15
-1-
LSB
5813HC
(2)
83
jm/nh
1/
1