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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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