H.F. _____ Section 1. Section 602.1605, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. If a magistrate who practices law appears as counsel 3 for a client in a matter that is within the jurisdiction of a 4 the magistrate, that matter shall be heard only by a district 5 judge or a district associate judge. A disqualification 6 under this section shall be had upon motion of the magistrate 7 or of any party, either orally or in writing, and the clerk 8 of the district court shall reassign the matter to a proper 9 judicial officer. If the matter involves a criminal or 10 juvenile delinquency proceeding the disqualification shall be 11 as provided in subsection 3. 12 Sec. 2. Section 602.1605, Code 2011, is amended by adding 13 the following new subsections: 14 NEW SUBSECTION . 3. A magistrate shall be disqualified from 15 appearing as counsel in any criminal or delinquency proceeding 16 in any court within the jurisdiction of the magistrate. 17 NEW SUBSECTION . 4. As used in this section, “jurisdiction 18 of the magistrate” means the magistrate’s county of appointment 19 and any other county in which the magistrate regularly holds 20 court. 21 EXPLANATION 22 This bill relates to a magistrate acting as counsel for 23 clients within the jurisdiction of the magistrate. 24 The bill disqualifies a magistrate from appearing as counsel 25 in any criminal or delinquency proceeding in any court within 26 the jurisdiction of the magistrate. 27 The bill defines “jurisdiction of the magistrate” to mean 28 the magistrate’s county of appointment and any other county in 29 which the magistrate regularly holds court. 30 -1- LSB 1919YC (1) 84 jm/rj 1/ 1