SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to the appointment of judicial officers, senior judges, and clerks of the district court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 602.1215, subsection 1, Code 2011, 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 judicialelection district, after consultation with the district judges of the district, shallby majority vote appoint persons to serve as clerks of the district court within the judicialelection 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 bya 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. 2.  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. 3.  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. 4.  Section 602.6305, subsections 2 and 3, Code 2011, 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. 5.  Section 602.6401, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  A case-related workload formula.
   Sec. 6.  Section 602.6404, subsection 1, Code 2011, 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. 7.  Section 602.9203, subsection 1, Code 2011, 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. 8.  Section 602.9203, subsection 2, paragraph c, Code 2011, 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. 9.  Section 602.9203, subsection 5, paragraph b, Code 2011, 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.
EXPLANATION
   This bill relates to the appointment of judicial officers, senior judges, and clerks of the district court.
   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 for budgetary reasons. 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).
   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 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 a majority of the judicial council 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 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 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.