Senate Study Bill 1098
SENATE FILE
BY (PROPOSED COMMITTEE ON
JUDICIARY BILL BY
CHAIRPERSON KREIMAN)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to elections or appointments to a county
2 magistrate appointing commission.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1465SC 83
5 jm/rj/14
PAG LIN
1 1 Section 1. Section 602.6502, Code 2009, is amended to read
1 2 as follows:
1 3 602.6502 PROHIBITIONS TO APPOINTMENT.
1 4 A member of a county magistrate appointing commission shall
1 5 not be appointed to the office of magistrate, and shall not be
1 6 nominated for or appointed to the office of district associate
1 7 judge, office of associate juvenile judge, or office of
1 8 associate probate judge. A member of the commission shall not
1 9 be eligible to vote for the appointment or nomination of a
1 10 family member, current law partner, or current business
1 11 partner, or current member of the same office. For purposes
1 12 of this section, "family member" means a spouse, son,
1 13 daughter, brother, sister, uncle, aunt, first cousin, nephew,
1 14 niece, father=in=law, mother=in=law, son=in=law,
1 15 daughter=in=law, brother=in=law, sister=in=law, father,
1 16 mother, stepfather, stepmother, stepson, stepdaughter,
1 17 stepbrother, stepsister, half brother, or half sister.
1 18 Sec. 2. Section 602.6503, subsection 2, Code 2009, is
1 19 amended by striking the subsection.
1 20 Sec. 3. Section 602.6504, subsection 2, Code 2009, is
1 21 amended to read as follows:
1 22 2. A Notwithstanding section 39.11 or any other law or
1 23 rule to the contrary, a county attorney shall not may be
1 24 elected to the commission.
1 25 EXPLANATION
1 26 This bill relates to the election or appointment to a
1 27 county magistrate appointing commission.
1 28 The bill strikes a provision in Code chapter 602
1 29 prohibiting the board of supervisors from appointing an
1 30 attorney or an active law enforcement officer to serve as a
1 31 commissioner on a magistrate appointing commission.
1 32 The bill also provides that a county attorney may be
1 33 elected to serve on a county magistrate appointing commission.
1 34 Current law prohibits a county attorney from being elected to
1 35 the commission.
2 1 The bill makes a commissioner of a county magistrate
2 2 appointment commission ineligible to vote for the appointment
2 3 or nomination of a current member of the commissioner's same
2 4 office. Current law provides that a commissioner is
2 5 ineligible to vote for the appointment or nomination of a
2 6 family member, current law partner, or current business
2 7 partner.
2 8 A county magistrate commission appoints the magistrates
2 9 authorized for each county pursuant to Code section 602.6403.
2 10 A county magistrate commission consists of a district judge,
2 11 three commissioners appointed by the county supervisors, and
2 12 two commissioners elected by the attorneys residing in the
2 13 county.
2 14 LSB 1465SC 83
2 15 jm/rj/14