Senate Study Bill 3147 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR An Act relating to the appointment of judicial officers, senior 1 judges, court reporters, and clerks of the district court, 2 and creating a full-time magistrate office. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5397DP (9) 83 jm/rj
S.F. _____ H.F. _____ Section 1. Section 46.16, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. Subject to removal for cause, the 3 initial term of office of a full-time magistrate shall be for 4 one year after appointment and until January 1 following the 5 next judicial election after expiration of such year, and the 6 regular term of office of a magistrate retained at a judicial 7 election shall be six years from the expiration of the initial 8 or previous regular term, as the case may be. 9 Sec. 2. Section 46.20, Code 2009, is amended to read as 10 follows: 11 46.20 Declaration of candidacy. 12 1. At least one hundred four days before the judicial 13 election preceding expiration of the initial or regular term 14 of office, a judge of the supreme court, court of appeals, or 15 district court including a district associate judges judge , 16 full-time associate juvenile judges judge , or full-time 17 associate probate judges judge , a full-time magistrate, or 18 a clerk of the district court who is required to stand for 19 retention under section 602.1216 may file a declaration of 20 candidacy with the state commissioner of elections to stand 21 for retention or rejection at that election. If a judge , 22 magistrate, or clerk fails to file the declaration, the office 23 shall be vacant at the end of the term. District associate 24 judges, full-time associate juvenile judges, and full-time 25 associate probate judges , and full-time magistrates filing the 26 declaration shall stand for retention in the judicial election 27 district of their residence except as provided in subsection 2 . 28 2. a. If a full-time magistrate is a resident of a county 29 contiguous to the county of appointment and the counties are 30 located in different judicial election districts, the full-time 31 magistrate shall stand for retention in the judicial election 32 district in which the county of appointment is located. 33 b. If a full-time magistrate is appointed to serve in more 34 than one county and the counties are located in different 35 -1- LSB 5397DP (9) 83 jm/rj 1/ 16
S.F. _____ H.F. _____ judicial election districts, the full-time magistrate shall 1 stand for retention simultaneously in each of the judicial 2 election districts. For purposes of determining if a full-time 3 magistrate is retained pursuant to section 46.24, the votes 4 of the judicial election districts shall be combined and the 5 full-time magistrate must receive more affirmative votes than 6 negative votes from the combined vote totals. 7 Sec. 3. Section 46.21, Code 2009, is amended to read as 8 follows: 9 46.21 Conduct of elections. 10 At least sixty-nine days before each judicial election, the 11 state commissioner of elections shall certify to the county 12 commissioner of elections of each county a list of the judges 13 of the supreme court, court of appeals, and district court 14 including district associate judges, full-time associate 15 juvenile judges, and full-time associate probate judges, 16 full-time magistrates, and clerks of the district court to 17 be voted on in each county at that election. The county 18 commissioner of elections shall place the names upon the ballot 19 in the order in which they appear in the certificate. The 20 state commissioner of elections shall rotate the names in the 21 certificate by county. The names of all judges , full-time 22 magistrates, and clerks to be voted on shall be placed upon one 23 ballot, which shall be in substantially the following form: 24 STATE OF IOWA 25 JUDICIAL BALLOT 26 (Date) 27 VOTE ON ALL NAMES BY PLACING AN X IN THE APPROPRIATE BOX AFTER EACH 28 NAME . 29 SUPREME COURT 30 Shall the following judges of the Supreme Court be retained 31 in office? 32 CANDIDATE S NAME YES NO 33 CANDIDATE S NAME YES NO 34 COURT OF APPEALS 35 -2- LSB 5397DP (9) 83 jm/rj 2/ 16
S.F. _____ H.F. _____ Shall the following judges of the Court of Appeals be 1 retained in office? 2 CANDIDATE S NAME YES NO 3 CANDIDATE S NAME YES NO 4 DISTRICT COURT 5 Shall the following judge, associate judge, associate 6 juvenile judge, or associate probate judge of the District 7 Court be retained in office? 8 CANDIDATE S NAME YES NO 9 Shall the following full-time magistrate be retained in 10 office? 11 CANDIDATE S NAME YES NO 12 Shall the following clerk of the District Court be retained 13 in office? 14 CANDIDATE S NAME YES NO 15 Sec. 4. Section 46.24, Code 2009, is amended to read as 16 follows: 17 46.24 Results of election. 18 1. A judge of the supreme court, court of appeals, or 19 district court including a district associate judge, full-time 20 associate juvenile judge, or full-time associate probate judge, 21 a full-time magistrate, or a clerk of the district court must 22 receive more affirmative than negative votes to be retained in 23 office. When the poll is closed, the election judges shall 24 publicly canvass the vote forthwith. The board of supervisors 25 shall canvass the returns on the Monday or Tuesday after the 26 election, and shall promptly certify the number of affirmative 27 and negative votes on each judge , magistrate, or clerk to the 28 state commissioner of elections. 29 2. The state board of canvassers shall, at the time of 30 canvassing the vote cast at a general election, open and 31 canvass all of the returns for the judicial election. Each 32 judge of the supreme court, court of appeals, or district court 33 including a district associate judge, full-time associate 34 juvenile judge, or full-time associate probate judge, full-time 35 -3- LSB 5397DP (9) 83 jm/rj 3/ 16
S.F. _____ H.F. _____ magistrate, or a clerk of the district court who has received 1 more affirmative than negative votes shall receive from 2 the state board of canvassers an appropriate certificate so 3 stating. 4 Sec. 5. Section 602.1215, subsection 1, Code 2009, is 5 amended to read as follows: 6 1. Subject to the provisions of section 602.1209, 7 subsection 3, the district judges of each chief judge of 8 the judicial election district , after consultation with the 9 district judges of the district, shall by majority vote appoint 10 persons to serve as clerks of the district court within the 11 judicial election district. The district judges of a judicial 12 election district chief judge may appoint a person to serve 13 as clerk of the district court for more than one but not more 14 than four contiguous counties in the same judicial district. 15 A person does not qualify for appointment to the office of 16 clerk of the district court unless the person is at the time of 17 application a resident of the state. A clerk of the district 18 court may be removed from office for cause by a majority vote 19 of the district judges of the chief judge of the judicial 20 election district. Before Prior to removal, the clerk of the 21 district court shall be notified of the cause for removal. 22 Sec. 6. NEW SECTION . 602.2301 Judicial officer appointment 23 —— delay. 24 1. Notwithstanding section 46.12, the chief justice 25 may order the state commissioner of elections to delay, for 26 budgetary reasons, the sending of a notification to the proper 27 judicial nominating commission that a vacancy in the supreme 28 court, court of appeals, or district court has occurred or will 29 occur. 30 2. Notwithstanding sections 602.6304, 602.7103B, and 31 633.20B, the chief justice may order any county magistrate 32 appointing commission to delay, for budgetary reasons, 33 publicizing the notice of a vacancy for a district associate 34 judgeship, associate juvenile judgeship, or associate probate 35 -4- LSB 5397DP (9) 83 jm/rj 4/ 16
S.F. _____ H.F. _____ judgeship. 1 3. Notwithstanding section 602.6403, subsection 3, if a 2 magistrate position is vacant due to a death, resignation, 3 retirement, an increase in the number of positions authorized, 4 or to the removal of a magistrate, the chief justice may order 5 any county magistrate appointing commission to delay, for 6 budgetary reasons, the appointment of a magistrate to serve the 7 remainder of an unexpired term. 8 Sec. 7. Section 602.3201, Code 2009, is amended to read as 9 follows: 10 602.3201 Requirement of certification —— use of title. 11 A person shall not engage in the profession of shorthand 12 reporting unless the person is certified pursuant to this 13 chapter, or otherwise exempted pursuant to section 602.6603, 14 subsection 4 by court rule . Only a person who is certified by 15 the board may assume the title of certified shorthand reporter, 16 or use the abbreviation C.S.R., or any words, letters, or 17 figures to indicate that the person is a certified shorthand 18 reporter. 19 Sec. 8. Section 602.6105, subsection 3, Code 2009, is 20 amended to read as follows: 21 3. a. The chief judge of a judicial district shall 22 designate times and places for magistrates to hold court to 23 ensure accessibility of magistrates at all times throughout the 24 district , including the availability of a magistrate in each 25 county on a regular basis . The schedule of times and places of 26 availability of magistrates and any schedule changes shall be 27 disseminated by the chief judge to the peace officers within 28 the district. 29 b. The chief judge of a judicial district shall schedule a 30 magistrate to hold court in a city other than the county seat 31 if all of the following apply: 32 (1) Magistrate court was regularly scheduled in the city on 33 or after July 1, 2001. 34 (2) The population of the city is at least two times greater 35 -5- LSB 5397DP (9) 83 jm/rj 5/ 16
S.F. _____ H.F. _____ than the population of the county seat or the population of the 1 city is at least thirty thousand. 2 (3) The city requests the chief judge to schedule magistrate 3 court. 4 In addition to paying the costs in section 602.1303, 5 subsection 1 , the city requesting the magistrate court shall 6 pay any other costs for holding magistrate court in the city 7 which would not otherwise have been incurred by the judicial 8 branch. 9 Sec. 9. NEW SECTION . 602.6113 Apportionment of certain 10 judicial officers —— substantial disparity. 11 Notwithstanding section 602.6201, 602.6301, 602.6304, 12 602.7103B, or 633.20B, if a vacancy occurs in the office of a 13 district judge, district associate judge, associate juvenile 14 judge, or associate probate judge, and the chief justice of 15 the supreme court makes a finding that a substantial disparity 16 exists in the allocation of such judgeships and judicial 17 workload between judicial election districts, the chief 18 justice may apportion the vacant office from the judicial 19 election district where the vacancy occurs to another judicial 20 election district based upon the substantial disparity finding. 21 However, such a judgeship shall not be apportioned pursuant 22 to this section unless a majority of the judicial council 23 approves the apportionment. This section does not apply to a 24 district associate judge office authorized by section 602.6302 25 or 602.6307. 26 Sec. 10. Section 602.6305, subsections 2 and 3, Code 2009, 27 are amended to read as follows: 28 2. A person does not qualify for appointment to the office 29 of district associate judge unless the person is at the time 30 of appointment a resident of the county judicial election 31 district in which the vacancy exists, licensed to practice law 32 in Iowa, and will be able, measured by the person’s age at the 33 time of appointment, to complete the initial term of office 34 prior to reaching age seventy-two. An applicant for district 35 -6- LSB 5397DP (9) 83 jm/rj 6/ 16
S.F. _____ H.F. _____ associate judge shall file a certified application form, to 1 be provided by the supreme court, with the chairperson of the 2 county magistrate appointing commission. 3 3. A district associate judge must be a resident of a 4 county the judicial election district in which the office is 5 held during the entire term of office. A district associate 6 judge shall serve within the judicial district in which 7 appointed, as directed by the chief judge, and is subject to 8 reassignment under section 602.6108. 9 Sec. 11. Section 602.6401, subsection 2, Code Supplement 10 2009, is amended by adding the following new paragraph: 11 NEW PARAGRAPH . e. A case-related workload formula. 12 Sec. 12. Section 602.6401, subsection 3, Code Supplement 13 2009, is amended by striking the subsection. 14 Sec. 13. Section 602.6403, subsection 1, Code 2009, is 15 amended to read as follows: 16 1. By June 1 of each year in which magistrates’ terms 17 expire, the county magistrate appointing commission shall 18 appoint, except as otherwise provided in section 602.6302 and 19 602.6406 , the number of magistrates apportioned to the county 20 by the state court administrator under section 602.6401, the 21 number of magistrates required pursuant to substitution orders 22 in effect under section 602.6303, and may appoint an additional 23 magistrate when allowed by section 602.6402. The commission 24 shall not appoint more magistrates than are authorized for the 25 county by this article. 26 Sec. 14. Section 602.6403, subsection 3, Code 2009, is 27 amended to read as follows: 28 3. Within thirty days following receipt of notification of 29 a vacancy in the office of magistrate, the commission shall 30 appoint a person to the office to serve the remainder of the 31 unexpired term , except as provided in section 602.6406 . For 32 purposes of this section, vacancy means a death, resignation, 33 retirement, or removal of a magistrate, or an increase in the 34 number of positions authorized. 35 -7- LSB 5397DP (9) 83 jm/rj 7/ 16
S.F. _____ H.F. _____ Sec. 15. Section 602.6404, subsection 1, Code Supplement 1 2009, is amended to read as follows: 2 1. A magistrate shall be a resident of the county of 3 appointment or a resident of a county contiguous to the county 4 of appointment during the magistrate’s term of office. A 5 magistrate shall serve within the judicial district in which 6 appointed, as directed by the chief judge, provided that the 7 chief judge may assign a magistrate to hold court outside of 8 the county of the magistrate’s residence appointment for the 9 orderly administration of justice. A magistrate is subject to 10 reassignment under section 602.6108. 11 Sec. 16. NEW SECTION . 602.6406 Appointment of full-time 12 magistrate. 13 1. The chief judge, upon approval of the supreme court, 14 may designate by order of substitution that a full-time 15 magistrate be appointed pursuant to this section in lieu of the 16 appointment of two magistrates appointed pursuant to section 17 602.6403 subject to the limitations of this section. 18 2. A full-time magistrate shall be subject to the same 19 appointment process, qualifications, and shall have the same 20 jurisdictional limits of a magistrate appointed pursuant 21 to sections 602.6403 through 602.6405, except as otherwise 22 provided in this section. 23 3. A full-time magistrate shall serve an initial term and 24 stand for retention in office as provided under sections 46.16 25 through 46.24. 26 4. A person does not qualify for appointment to the office 27 of full-time magistrate unless the person is at the time of 28 appointment a resident of the county in which the vacancy 29 exists or of a contiguous county, licensed to practice law in 30 Iowa, and will be able, measured by the person’s age at the 31 time of appointment, to complete the initial term of office 32 prior to reaching age seventy-two. An applicant for full-time 33 magistrate shall file a certified application form, to be 34 provided by the supreme court, with the chairperson of the 35 -8- LSB 5397DP (9) 83 jm/rj 8/ 16
S.F. _____ H.F. _____ county magistrate appointing commission. 1 5. A full-time magistrate shall be a resident of a county in 2 which the office is held or of a contiguous county during the 3 entire term of office. 4 6. A full-time magistrate shall qualify for office as 5 provided in chapter 63 for district judges. 6 7. In the case of a full-time magistrate to be appointed 7 to serve in more than one county, the appointment shall be 8 from persons nominated by the county magistrate appointing 9 commissions acting jointly. 10 8. The appointment of a full-time magistrate shall be 11 subject to the following limitations: 12 a. The county of appointment must have two or more 13 magistrates apportioned to the county pursuant to section 14 602.6401. If the appointment is for service in more than one 15 county, the counties, in the aggregate, must have two or more 16 magistrates apportioned to the counties pursuant to section 17 602.6401. 18 b. A majority of district judges in the judicial election 19 district must vote in favor of the substitution and find that 20 the substitution will provide a more timely and efficient 21 performance of judicial business within the judicial election 22 district. In the case of a full-time magistrate to be 23 substituted for two magistrates from different judicial 24 election districts, the vote in favor of the substitution 25 requires a majority of the district judges in each judicial 26 election district affected. 27 9. An order of substitution shall not take effect unless, 28 a copy of the order is received by the chairperson of the 29 applicable county magistrate appointing commission no later 30 than May 31 of the year in which the substitution is to take 31 effect. 32 10. For a county in which a substitution order is in 33 effect, the number of magistrates actually appointed pursuant 34 to section 602.6403 shall be reduced by one for each full-time 35 -9- LSB 5397DP (9) 83 jm/rj 9/ 16
S.F. _____ H.F. _____ magistrate substituted under this section. However, if the 1 substitution order is for a full-time magistrate appointed to 2 serve more than one county, the reduction of the magistrate 3 shall be as provided in the order of the chief judge of 4 the judicial district. Upon a subsequent reduction in the 5 apportionment of a magistrate to a county, the magistrate 6 appointing commission shall further reduce the number of 7 magistrates appointed. 8 11. a. Except as provided in subsections 1 through 10, 9 a substitution shall not increase or decrease the number of 10 magistrates authorized by this article. 11 b. A substitution shall not be made where the apportionment 12 of magistrates to a county is insufficient to permit the 13 reduction of magistrates as required by subsection 10. 14 12. If an apportionment by the state court administrator 15 pursuant to section 602.6401 reduces the number of magistrates 16 in a county to less than the number required to be apportioned 17 for a substitution order to remain in effect, or if a majority 18 of the district judges in each affected judicial election 19 district determines that a substitution is no longer desirable, 20 the substituted office shall be terminated. However, a 21 reversion pursuant to this subsection, irrespective of cause, 22 shall not take effect until the substitute full-time magistrate 23 fails to be retained in office at a judicial election or 24 otherwise leaves office, whether voluntarily or involuntarily, 25 and the office becomes vacant. Upon reversion of the office, 26 appointments shall be made pursuant to section 602.6403 as 27 necessary to reestablish terms of office pursuant to section 28 602.6403, subsection 4. 29 Sec. 17. Section 602.9203, subsection 1, Code 2009, is 30 amended to read as follows: 31 1. A supreme court judge, court of appeals judge, district 32 judge, district associate judge, full-time associate juvenile 33 judge, or full-time associate probate judge, who qualifies 34 under subsection 2 may become a senior judge by filing with 35 -10- LSB 5397DP (9) 83 jm/rj 10/ 16
S.F. _____ H.F. _____ the clerk of the supreme court a written election in the form 1 specified by the court administrator supreme court . The 2 election shall be filed within six months of the date of 3 retirement. 4 Sec. 18. Section 602.9203, subsection 2, paragraph c, Code 5 2009, is amended to read as follows: 6 c. Agrees in writing on a form prescribed by the court 7 administrator supreme court to be available as long as the 8 judicial officer is a senior judge to perform judicial duties 9 as assigned by the supreme court for an aggregate period of 10 thirteen weeks out of each successive twelve-month period. 11 Sec. 19. Section 602.9203, subsection 5, paragraph b, Code 12 2009, is amended to read as follows: 13 b. A senior judge may be reappointed to an additional 14 two-year a one-year term upon attaining seventy-eight years of 15 age and to a succeeding one-year term , at the discretion of the 16 supreme court, if the judicial officer meets the requirements 17 of subsection 2. 18 Sec. 20. REPEAL. Section 602.6603, Code 2009, is repealed. 19 EXPLANATION 20 This bill relates to the appointment of judicial officers, 21 senior judges, court reporters, and clerks of the district 22 court, and creates a full-time magistrate office. 23 The amendments to Code sections 46.16, 46.20, 46.21, and 24 46.24, relate to the retention of a full-time magistrate 25 position created by the bill in new Code section 602.6406. 26 The bill creates new Code section 602.2301 granting 27 authority to the chief justice to delay the nomination of 28 a supreme court justice, court of appeals judge, district 29 judge, district associate judge, associate juvenile judge, 30 or associate probate judge. New Code section 602.2301 also 31 grants authority to the chief justice to delay the appointment 32 of a magistrate to serve the remainder of an unexpired term, 33 if the vacancy is due to a death, resignation, retirement, 34 an increase in the number of positions authorized, or to the 35 -11- LSB 5397DP (9) 83 jm/rj 11/ 16
S.F. _____ H.F. _____ removal of a magistrate. New Code section 602.2301 does not 1 grant authority to the chief justice to delay the appointment 2 of magistrates when all magistrates’ terms expire pursuant to 3 Code section 602.6403(1). Currently, the chief justice has the 4 authority, until June 30, 2010, to delay for budgetary reasons, 5 the nomination of any judicial officer, except magistrates, for 6 up to 180 days. 7 The amendment to Code section 602.3201 strikes a reference 8 to Code section 602.6603 (court reporters) which is repealed by 9 the bill. The bill specifies that the supreme court, by court 10 rule, may designate when an uncertified court reporter may 11 engage in the profession of shorthand reporting. Currently, 12 Code section 602.6603 governs when an uncertified court 13 reporter may engage in the profession of shorthand reporting. 14 The amendment to Code section 602.1215 changes the method 15 by which the clerk of the district court is appointed. The 16 amendment permits the chief judge of each judicial district to 17 appoint the clerk of the district court and remove the clerk 18 for cause after consultation with the district judges of the 19 judicial district. The clerk under current law is appointed by 20 a majority vote of all district judges in the judicial election 21 district, and removed by a majority vote. 22 The amendment to Code section 602.6105 specifies that 23 the chief judge of a judicial district has the authority to 24 designate the time and location a magistrate may hold court 25 to ensure the availability of a magistrate in each county on 26 a regular basis. The amendment to Code section 602.6105 also 27 strikes a provision granting authority to the chief judge to 28 schedule magistrate court in a city other than the county seat. 29 The bill creates new Code section 602.6113 authorizing 30 the chief justice to apportion a vacancy in the office of 31 district judge, district associate judge, associate juvenile 32 judge, or associate probate judge, from the judicial election 33 district where the vacancy occurs to another judicial election 34 district. An apportionment from one judicial election district 35 -12- LSB 5397DP (9) 83 jm/rj 12/ 16
S.F. _____ H.F. _____ to another judicial election district shall not occur under the 1 bill, unless the chief justice finds a substantial disparity 2 exists in the allocation of judgeships and judicial workload 3 between judicial election districts, and the judicial council, 4 by a majority vote, approves the apportionment. Current law 5 does not permit the chief justice and the judicial council to 6 apportion vacant judgeships across judicial election district 7 boundaries. 8 The amendment to Code section 602.6305 requires a district 9 associate judge to reside in the judicial election district 10 at the time of appointment and throughout the entire term of 11 office. Currently, a district associate judge is required to 12 reside in the county where the vacancy exists at the time of 13 appointment and throughout the entire term of office. 14 The amendment to Code section 602.6401(2) modifies the 15 criteria used by the state court administrator to apportion 16 magistrates throughout the state. Under the bill, the state 17 court administrator must also consider a case-related workload 18 formula in addition to the other criteria listed in Code 19 section 602.6401(2). 20 The bill strikes Code section 602.6401(3) requiring at least 21 one magistrate in each county. 22 The amendment to Code section 602.6404(1) allows a 23 magistrate to be a resident of a county contiguous to the 24 county of appointment during the magistrate’s term of office. 25 The bill permits the chief judge to assign a magistrate to hold 26 court outside of the magistrate’s county of appointment for the 27 orderly administration of justice. 28 The bill creates new Code section 602.6406 providing for the 29 establishment of full-time magistrate positions. Under the 30 bill, the chief judge, upon approval of the supreme court, may 31 designate by order of substitution that a full-time magistrate 32 be appointed in lieu of two part-time magistrates. 33 The bill requires a full-time magistrate to stand for 34 retention every six years after serving an initial term and 35 -13- LSB 5397DP (9) 83 jm/rj 13/ 16
S.F. _____ H.F. _____ requires a full-time magistrate to be a lawyer licensed to 1 practice law in Iowa. 2 The bill creates special retention provisions for full-time 3 magistrates pursuant to Code section 46.20. Under the bill, 4 if a full-time magistrate is a resident of a county contiguous 5 to the county of appointment and the counties are located 6 in different judicial election districts, the full-time 7 magistrate shall stand for retention in the judicial election 8 district containing the county of appointment. If a full-time 9 magistrate is appointed to serve in more than one county under 10 the bill, and the counties are in different judicial election 11 districts, the full-time magistrate shall simultaneously stand 12 for retention in each judicial election district and the vote 13 totals from each judicial election district shall be combined 14 to determine if the full-time magistrate is retained. 15 Under the bill, if a full-time magistrate is appointed 16 to serve in more than one county, the appointment shall be 17 from persons nominated by the applicable county magistrate 18 appointing commissions acting jointly. 19 The bill specifies a full-time magistrate shall have the 20 same jurisdictional limits of a magistrate appointed pursuant 21 to Code sections 602.6403 through 602.6405. 22 The bill also places other limits on the appointment of 23 a full-time magistrate. The bill requires the county of 24 appointment to have two or more magistrates apportioned to the 25 county pursuant to Code section 602.6401, or in the case of an 26 appointment of a full-time magistrate to serve in more than one 27 county, the counties, in the aggregate, shall be apportioned 28 two or more magistrates. 29 The bill requires a majority of district judges in the 30 judicial election district to vote in favor of substituting 31 a full-time magistrate for two magistrates and find that 32 the substitution will provide a more timely and efficient 33 performance of judicial business. In the case of a full-time 34 magistrate to be substituted for two magistrates from 35 -14- LSB 5397DP (9) 83 jm/rj 14/ 16
S.F. _____ H.F. _____ different judicial election districts, the vote in favor of the 1 substitution requires a majority of the district judges in each 2 judicial election district affected. 3 In counties where a substitution order is in effect, the 4 bill requires the number of magistrates actually appointed in 5 the county to be reduced by one magistrate for each full-time 6 magistrate appointed. If the substitution order calls for 7 a full-time magistrate appointed to serve in more than one 8 county, the reduction of the magistrate shall be provided in 9 the substitution order of the chief judge of the judicial 10 district. 11 Under the bill, if an apportionment by the state court 12 administrator pursuant to Code section 602.6401 reduces the 13 number of magistrates in a county to less than the number 14 required to permit a substitution order to remain in effect, or 15 if a majority of the district judges in each affected judicial 16 election district determines that a substitution is no longer 17 desirable, then the substituted office shall be terminated. 18 The bill prohibits a reversion of a full-time magistrate office 19 back to two magistrate offices until the substitute full-time 20 magistrate fails to be retained in office at a judicial 21 election or otherwise leaves office, whether voluntarily or 22 involuntarily, and the office becomes vacant. Upon reversion 23 of the office, the bill requires the appointments of the two 24 magistrates to be made pursuant to Code section 602.6403 as 25 necessary to reestablish terms of office pursuant to Code 26 section 602.6403(4). 27 The amendments to Code section 602.9203(1) and (2) require 28 senior judge written forms to be prescribed by the supreme 29 court. Currently, the court administrator prescribes the 30 forms. 31 The amendment to Code section 602.9203(5) specifies that 32 a senior judge, upon attaining the age of 78, may serve a 33 one-year term and a succeeding one-year term at the discretion 34 of the supreme court. Currently, a senior judge, upon 35 -15- LSB 5397DP (9) 83 jm/rj 15/ 16
S.F. _____ H.F. _____ attaining the age of 78, may serve a two-year term at the 1 discretion of the supreme court. 2 The bill repeals Code section 602.6603, permitting a 3 district judge or district associate judge to appoint a 4 certified court reporter, and permitting the appointment of an 5 uncertified court reporter under certain circumstances. 6 -16- LSB 5397DP (9) 83 jm/rj 16/ 16