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,orcurrent 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.ANotwithstanding section 39.11 or any other law or 1 23 rule to the contrary, a county attorneyshall notmay 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