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