SSB 3147 (LSB 5397DP (9) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to the appointment of judicial officers, senior judges, court reporters, and clerks of the district court, and creating a full-time magistrate office.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 46.16, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  Subject to removal for cause, the initial term of office of a full-time magistrate shall be for one year after appointment and until January 1 following the next judicial election after expiration of such year, and the regular term of office of a magistrate retained at a judicial election shall be six years from the expiration of the initial or previous regular term, as the case may be.
    Sec. 2.  Section 46.20, Code 2009, is amended to read as follows:
   46.20  Declaration of candidacy.
   1.  At least one hundred four days before the judicial election preceding expiration of the initial or regular term of office, a judge of the supreme court, court of appeals, or district court including a district associate judges judge, full-time associate juvenile judges judge, or full-time associate probate judges judge, a full-time magistrate, or a clerk of the district court who is required to stand for retention under section 602.1216 may file a declaration of candidacy with the state commissioner of elections to stand for retention or rejection at that election. If a judge, magistrate, or clerk fails to file the declaration, the office shall be vacant at the end of the term. District associate judges, full-time associate juvenile judges, and full-time associate probate judges, and full-time magistrates filing the declaration shall stand for retention in the judicial election district of their residence except as provided in subsection 2.
   2.  a.  If a full-time magistrate is a resident of a county contiguous to the county of appointment and the counties are located in different judicial election districts, the full-time magistrate shall stand for retention in the judicial election district in which the county of appointment is located.
   b.  If a full-time magistrate is appointed to serve in more than one county and the counties are located in different judicial election districts, the full-time magistrate shall stand for retention simultaneously in each of the judicial election districts. For purposes of determining if a full-time magistrate is retained pursuant to section 46.24, the votes of the judicial election districts shall be combined and the full-time magistrate must receive more affirmative votes than negative votes from the combined vote totals.
    Sec. 3.  Section 46.21, Code 2009, is amended to read as follows:
   46.21  Conduct of elections.

   At least sixty-nine days before each judicial election, the state commissioner of elections shall certify to the county commissioner of elections of each county a list of the judges of the supreme court, court of appeals, and district court including district associate judges, full-time associate juvenile judges, and full-time associate probate judges, full-time magistrates, and clerks of the district court to be voted on in each county at that election. The county commissioner of elections shall place the names upon the ballot in the order in which they appear in the certificate. The state commissioner of elections shall rotate the names in the certificate by county. The names of all judges, full-time magistrates, and clerks to be voted on shall be placed upon one ballot, which shall be in substantially the following form:

STATE OF IOWA

 JUDICIAL BALLOT

 (Date)

   vote on all names by placing an x in the appropriate box after each name.

SUPREME COURT

   Shall the following judges of the Supreme Court be retained in office?

   candidate’s name             yes  ☐                  no  ☐

   candidate’s name             yes  ☐                  no  ☐

COURT OF APPEALS

   Shall the following judges of the Court of Appeals be retained in office?

   candidate’s name             yes  ☐                  no  ☐

   candidate’s name             yes  ☐                  no  ☐

DISTRICT COURT

   Shall the following judge, associate judge, associate juvenile judge, or associate probate judge of the District Court be retained in office?

candidate’s name             yes  ☐                  no  ☐

   Shall the following full-time magistrate be retained in office?

candidate’s name             yes  ☐                  no  ☐

   Shall the following clerk of the District Court be retained in office?

   candidate’s name             yes  ☐                  no  ☐

    Sec. 4.  Section 46.24, Code 2009, is amended to read as follows:
   46.24  Results of election.
   1.  A judge of the supreme court, court of appeals, or district court including a district associate judge, full-time associate juvenile judge, or full-time associate probate judge, a full-time magistrate, or a clerk of the district court must receive more affirmative than negative votes to be retained in office. When the poll is closed, the election judges shall publicly canvass the vote forthwith. The board of supervisors shall canvass the returns on the Monday or Tuesday after the election, and shall promptly certify the number of affirmative and negative votes on each judge, magistrate, or clerk to the state commissioner of elections.
   2.  The state board of canvassers shall, at the time of canvassing the vote cast at a general election, open and canvass all of the returns for the judicial election. Each judge of the supreme court, court of appeals, or district court including a district associate judge, full-time associate juvenile judge, or full-time associate probate judge, full-time magistrate, or a clerk of the district court who has received more affirmative than negative votes shall receive from the state board of canvassers an appropriate certificate so stating.
    Sec. 5.  Section 602.1215, subsection 1, Code 2009, is amended to read as follows:
   1.  Subject to the provisions of section 602.1209, subsection 3, the district judges of each chief judge of the judicial election district, after consultation with the district judges of the district, shall by majority vote appoint persons to serve as clerks of the district court within the judicial election district. The district judges of a judicial election district chief judge may appoint a person to serve as clerk of the district court for more than one but not more than four contiguous counties in the same judicial district. A person does not qualify for appointment to the office of clerk of the district court unless the person is at the time of application a resident of the state. A clerk of the district court may be removed from office for cause by a majority vote of the district judges of the chief judge of the judicial election district. Before Prior to removal, the clerk of the district court shall be notified of the cause for removal.
    Sec. 6.  NEW SECTION.  602.2301  Judicial officer appointment —— delay.
   1.  Notwithstanding section 46.12, the chief justice may order the state commissioner of elections to delay, for budgetary reasons, the sending of a notification to the proper judicial nominating commission that a vacancy in the supreme court, court of appeals, or district court has occurred or will occur.
   2.  Notwithstanding sections 602.6304, 602.7103B, and 633.20B, the chief justice may order any county magistrate appointing commission to delay, for budgetary reasons, publicizing the notice of a vacancy for a district associate judgeship, associate juvenile judgeship, or associate probate judgeship.
   3.  Notwithstanding section 602.6403, subsection 3, if a magistrate position is vacant due to a death, resignation, retirement, an increase in the number of positions authorized, or to the removal of a magistrate, the chief justice may order any county magistrate appointing commission to delay, for budgetary reasons, the appointment of a magistrate to serve the remainder of an unexpired term.
    Sec. 7.  Section 602.3201, Code 2009, is amended to read as follows:
   602.3201  Requirement of certification —— use of title.

   A person shall not engage in the profession of shorthand reporting unless the person is certified pursuant to this chapter, or otherwise exempted pursuant to section 602.6603, subsection 4 by court rule. Only a person who is certified by the board may assume the title of certified shorthand reporter, or use the abbreviation C.S.R., or any words, letters, or figures to indicate that the person is a certified shorthand reporter.
    Sec. 8.  Section 602.6105, subsection 3, Code 2009, is amended to read as follows:
   3.  a.  The chief judge of a judicial district shall designate times and places for magistrates to hold court to ensure accessibility of magistrates at all times throughout the district, including the availability of a magistrate in each county on a regular basis. The schedule of times and places of availability of magistrates and any schedule changes shall be disseminated by the chief judge to the peace officers within the district.
   b.  The chief judge of a judicial district shall schedule a magistrate to hold court in a city other than the county seat if all of the following apply:
   (1)  Magistrate court was regularly scheduled in the city on or after July 1, 2001.
   (2)  The population of the city is at least two times greater than the population of the county seat or the population of the city is at least thirty thousand.
   (3)  The city requests the chief judge to schedule magistrate court.

   In addition to paying the costs in section 602.1303, subsection 1, the city requesting the magistrate court shall pay any other costs for holding magistrate court in the city which would not otherwise have been incurred by the judicial branch.
    Sec. 9.  NEW SECTION.  602.6113  Apportionment of certain judicial officers —— substantial disparity.  

   Notwithstanding section 602.6201, 602.6301, 602.6304, 602.7103B, or 633.20B, if a vacancy occurs in the office of a district judge, district associate judge, associate juvenile judge, or associate probate judge, and the chief justice of the supreme court makes a finding that a substantial disparity exists in the allocation of such judgeships and judicial workload between judicial election districts, the chief justice may apportion the vacant office from the judicial election district where the vacancy occurs to another judicial election district based upon the substantial disparity finding. However, such a judgeship shall not be apportioned pursuant to this section unless a majority of the judicial council approves the apportionment. This section does not apply to a district associate judge office authorized by section 602.6302 or 602.6307.
    Sec. 10.  Section 602.6305, subsections 2 and 3, Code 2009, are amended to read as follows:
   2.  A person does not qualify for appointment to the office of district associate judge unless the person is at the time of appointment a resident of the county judicial election district in which the vacancy exists, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two. An applicant for district associate judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission.
   3.  A district associate judge must be a resident of a county the judicial election district in which the office is held during the entire term of office. A district associate judge shall serve within the judicial district in which appointed, as directed by the chief judge, and is subject to reassignment under section 602.6108.
    Sec. 11.  Section 602.6401, subsection 2, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  A case-related workload formula.
    Sec. 12.  Section 602.6401, subsection 3, Code Supplement 2009, is amended by striking the subsection.
    Sec. 13.  Section 602.6403, subsection 1, Code 2009, is amended to read as follows:
   1.  By June 1 of each year in which magistrates’ terms expire, the county magistrate appointing commission shall appoint, except as otherwise provided in section 602.6302 and 602.6406, the number of magistrates apportioned to the county by the state court administrator under section 602.6401, the number of magistrates required pursuant to substitution orders in effect under section 602.6303, and may appoint an additional magistrate when allowed by section 602.6402. The commission shall not appoint more magistrates than are authorized for the county by this article.
    Sec. 14.  Section 602.6403, subsection 3, Code 2009, is amended to read as follows:
   3.  Within thirty days following receipt of notification of a vacancy in the office of magistrate, the commission shall appoint a person to the office to serve the remainder of the unexpired term, except as provided in section 602.6406. For purposes of this section, vacancy means a death, resignation, retirement, or removal of a magistrate, or an increase in the number of positions authorized.
    Sec. 15.  Section 602.6404, subsection 1, Code Supplement 2009, is amended to read as follows:
   1.  A magistrate shall be a resident of the county of appointment or a resident of a county contiguous to the county of appointment during the magistrate’s term of office. A magistrate shall serve within the judicial district in which appointed, as directed by the chief judge, provided that the chief judge may assign a magistrate to hold court outside of the county of the magistrate’s residence appointment for the orderly administration of justice. A magistrate is subject to reassignment under section 602.6108.
    Sec. 16.  NEW SECTION.  602.6406  Appointment of full-time magistrate.
   1.  The chief judge, upon approval of the supreme court, may designate by order of substitution that a full-time magistrate be appointed pursuant to this section in lieu of the appointment of two magistrates appointed pursuant to section 602.6403 subject to the limitations of this section.
   2.  A full-time magistrate shall be subject to the same appointment process, qualifications, and shall have the same jurisdictional limits of a magistrate appointed pursuant to sections 602.6403 through 602.6405, except as otherwise provided in this section.
   3.  A full-time magistrate shall serve an initial term and stand for retention in office as provided under sections 46.16 through 46.24.
   4.  A person does not qualify for appointment to the office of full-time magistrate unless the person is at the time of appointment a resident of the county in which the vacancy exists or of a contiguous county, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two. An applicant for full-time magistrate shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission.
   5.  A full-time magistrate shall be a resident of a county in which the office is held or of a contiguous county during the entire term of office.
   6.  A full-time magistrate shall qualify for office as provided in chapter 63 for district judges.
   7.  In the case of a full-time magistrate to be appointed to serve in more than one county, the appointment shall be from persons nominated by the county magistrate appointing commissions acting jointly.
   8.  The appointment of a full-time magistrate shall be subject to the following limitations:
   a.  The county of appointment must have two or more magistrates apportioned to the county pursuant to section 602.6401. If the appointment is for service in more than one county, the counties, in the aggregate, must have two or more magistrates apportioned to the counties pursuant to section 602.6401.
   b.  A majority of district judges in the judicial election district must vote in favor of the substitution and find that the substitution will provide a more timely and efficient performance of judicial business within the judicial election district. In the case of a full-time magistrate to be substituted for two magistrates from different judicial election districts, the vote in favor of the substitution requires a majority of the district judges in each judicial election district affected.
   9.  An order of substitution shall not take effect unless, a copy of the order is received by the chairperson of the applicable county magistrate appointing commission no later than May 31 of the year in which the substitution is to take effect.
   10.  For a county in which a substitution order is in effect, the number of magistrates actually appointed pursuant to section 602.6403 shall be reduced by one for each full-time magistrate substituted under this section. However, if the substitution order is for a full-time magistrate appointed to serve more than one county, the reduction of the magistrate shall be as provided in the order of the chief judge of the judicial district. Upon a subsequent reduction in the apportionment of a magistrate to a county, the magistrate appointing commission shall further reduce the number of magistrates appointed.
   11.  a.  Except as provided in subsections 1 through 10, a substitution shall not increase or decrease the number of magistrates authorized by this article.
   b.  A substitution shall not be made where the apportionment of magistrates to a county is insufficient to permit the reduction of magistrates as required by subsection 10.
   12.  If an apportionment by the state court administrator pursuant to section 602.6401 reduces the number of magistrates in a county to less than the number required to be apportioned for a substitution order to remain in effect, or if a majority of the district judges in each affected judicial election district determines that a substitution is no longer desirable, the substituted office shall be terminated. However, a reversion pursuant to this subsection, irrespective of cause, shall not take effect until the substitute full-time magistrate fails to be retained in office at a judicial election or otherwise leaves office, whether voluntarily or involuntarily, and the office becomes vacant. Upon reversion of the office, appointments shall be made pursuant to section 602.6403 as necessary to reestablish terms of office pursuant to section 602.6403, subsection 4.
    Sec. 17.  Section 602.9203, subsection 1, Code 2009, is amended to read as follows:
   1.  A supreme court judge, court of appeals judge, district judge, district associate judge, full-time associate juvenile judge, or full-time associate probate judge, who qualifies under subsection 2 may become a senior judge by filing with the clerk of the supreme court a written election in the form specified by the court administrator supreme court. The election shall be filed within six months of the date of retirement.
    Sec. 18.  Section 602.9203, subsection 2, paragraph c, Code 2009, is amended to read as follows:
   c.  Agrees in writing on a form prescribed by the court administrator supreme court to be available as long as the judicial officer is a senior judge to perform judicial duties as assigned by the supreme court for an aggregate period of thirteen weeks out of each successive twelve-month period.
    Sec. 19.  Section 602.9203, subsection 5, paragraph b, Code 2009, is amended to read as follows:
   b.  A senior judge may be reappointed to an additional two-year a one-year term upon attaining seventy-eight years of age and to a succeeding one-year term, at the discretion of the supreme court, if the judicial officer meets the requirements of subsection 2.
    Sec. 20.  REPEAL.  Section 602.6603, Code 2009, is repealed.
EXPLANATION
   This bill relates to the appointment of judicial officers, senior judges, court reporters, and clerks of the district court, and creates a full-time magistrate office.
   The amendments to Code sections 46.16, 46.20, 46.21, and 46.24, relate to the retention of a full-time magistrate position created by the bill in new Code section 602.6406.
   The bill creates new Code section 602.2301 granting authority to the chief justice to delay the nomination of a supreme court justice, court of appeals judge, district judge, district associate judge, associate juvenile judge, or associate probate judge. New Code section 602.2301 also grants authority to the chief justice to delay the appointment of a magistrate to serve the remainder of an unexpired term, if the vacancy is due to a death, resignation, retirement, an increase in the number of positions authorized, or to the removal of a magistrate. New Code section 602.2301 does not grant authority to the chief justice to delay the appointment of magistrates when all magistrates’ terms expire pursuant to Code section 602.6403(1). Currently, the chief justice has the authority, until June 30, 2010, to delay for budgetary reasons, the nomination of any judicial officer, except magistrates, for up to 180 days.
   The amendment to Code section 602.3201 strikes a reference to Code section 602.6603 (court reporters) which is repealed by the bill. The bill specifies that the supreme court, by court rule, may designate when an uncertified court reporter may engage in the profession of shorthand reporting. Currently, Code section 602.6603 governs when an uncertified court reporter may engage in the profession of shorthand reporting.
   The amendment to Code section 602.1215 changes the method by which the clerk of the district court is appointed. The amendment permits the chief judge of each judicial district to appoint the clerk of the district court and remove the clerk for cause after consultation with the district judges of the judicial district. The clerk under current law is appointed by a majority vote of all district judges in the judicial election district, and removed by a majority vote.
   The amendment to Code section 602.6105 specifies that the chief judge of a judicial district has the authority to designate the time and location a magistrate may hold court to ensure the availability of a magistrate in each county on a regular basis. The amendment to Code section 602.6105 also strikes a provision granting authority to the chief judge to schedule magistrate court in a city other than the county seat.
   The bill creates new Code section 602.6113 authorizing the chief justice to apportion a vacancy in the office of district judge, district associate judge, associate juvenile judge, or associate probate judge, from the judicial election district where the vacancy occurs to another judicial election district. An apportionment from one judicial election district to another judicial election district shall not occur under the bill, unless the chief justice finds a substantial disparity exists in the allocation of judgeships and judicial workload between judicial election districts, and the judicial council, by a majority vote, approves the apportionment. Current law does not permit the chief justice and the judicial council to apportion vacant judgeships across judicial election district boundaries.
   The amendment to Code section 602.6305 requires a district associate judge to reside in the judicial election district at the time of appointment and throughout the entire term of office. Currently, a district associate judge is required to reside in the county where the vacancy exists at the time of appointment and throughout the entire term of office.
   The amendment to Code section 602.6401(2) modifies the criteria used by the state court administrator to apportion magistrates throughout the state. Under the bill, the state court administrator must also consider a case-related workload formula in addition to the other criteria listed in Code section 602.6401(2).
   The bill strikes Code section 602.6401(3) requiring at least one magistrate in each county.
   The amendment to Code section 602.6404(1) allows a magistrate to be a resident of a county contiguous to the county of appointment during the magistrate’s term of office. The bill permits the chief judge to assign a magistrate to hold court outside of the magistrate’s county of appointment for the orderly administration of justice.
   The bill creates new Code section 602.6406 providing for the establishment of full-time magistrate positions. Under the bill, the chief judge, upon approval of the supreme court, may designate by order of substitution that a full-time magistrate be appointed in lieu of two part-time magistrates.
   The bill requires a full-time magistrate to stand for retention every six years after serving an initial term and requires a full-time magistrate to be a lawyer licensed to practice law in Iowa.
   The bill creates special retention provisions for full-time magistrates pursuant to Code section 46.20. Under the bill, if a full-time magistrate is a resident of a county contiguous to the county of appointment and the counties are located in different judicial election districts, the full-time magistrate shall stand for retention in the judicial election district containing the county of appointment. If a full-time magistrate is appointed to serve in more than one county under the bill, and the counties are in different judicial election districts, the full-time magistrate shall simultaneously stand for retention in each judicial election district and the vote totals from each judicial election district shall be combined to determine if the full-time magistrate is retained.
   Under the bill, if a full-time magistrate is appointed to serve in more than one county, the appointment shall be from persons nominated by the applicable county magistrate appointing commissions acting jointly.
   The bill specifies a full-time magistrate shall have the same jurisdictional limits of a magistrate appointed pursuant to Code sections 602.6403 through 602.6405.
   The bill also places other limits on the appointment of a full-time magistrate. The bill requires the county of appointment to have two or more magistrates apportioned to the county pursuant to Code section 602.6401, or in the case of an appointment of a full-time magistrate to serve in more than one county, the counties, in the aggregate, shall be apportioned two or more magistrates.
   The bill requires a majority of district judges in the judicial election district to vote in favor of substituting a full-time magistrate for two magistrates and find that the substitution will provide a more timely and efficient performance of judicial business. In the case of a full-time magistrate to be substituted for two magistrates from different judicial election districts, the vote in favor of the substitution requires a majority of the district judges in each judicial election district affected.
   In counties where a substitution order is in effect, the bill requires the number of magistrates actually appointed in the county to be reduced by one magistrate for each full-time magistrate appointed. If the substitution order calls for a full-time magistrate appointed to serve in more than one county, the reduction of the magistrate shall be provided in the substitution order of the chief judge of the judicial district.
   Under the bill, if an apportionment by the state court administrator pursuant to Code section 602.6401 reduces the number of magistrates in a county to less than the number required to permit a substitution order to remain in effect, or if a majority of the district judges in each affected judicial election district determines that a substitution is no longer desirable, then the substituted office shall be terminated. The bill prohibits a reversion of a full-time magistrate office back to two magistrate offices until the substitute full-time magistrate fails to be retained in office at a judicial election or otherwise leaves office, whether voluntarily or involuntarily, and the office becomes vacant. Upon reversion of the office, the bill requires the appointments of the two magistrates to be made pursuant to Code section 602.6403 as necessary to reestablish terms of office pursuant to Code section 602.6403(4).
   The amendments to Code section 602.9203(1) and (2) require senior judge written forms to be prescribed by the supreme court. Currently, the court administrator prescribes the forms.
   The amendment to Code section 602.9203(5) specifies that a senior judge, upon attaining the age of 78, may serve a one-year term and a succeeding one-year term at the discretion of the supreme court. Currently, a senior judge, upon attaining the age of 78, may serve a two-year term at the discretion of the supreme court.
   The bill repeals Code section 602.6603, permitting a district judge or district associate judge to appoint a certified court reporter, and permitting the appointment of an uncertified court reporter under certain circumstances.