H.F. _____ Section 1. Section 46.16, Code 2011, 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 2011, 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 6039HC (2) 84 jm/rj 1/ 9

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 2011, 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 NAME . 28 SUPREME COURT 29 Shall the following judges of the Supreme Court be retained in 30 office? 31 CANDIDATE ’ S NAME YES ☐ NO ☐ 32 CANDIDATE ’ S NAME YES ☐ NO ☐ 33 COURT OF APPEALS 34 Shall the following judges of the Court of Appeals be retained 35 -2- LSB 6039HC (2) 84 jm/rj 2/ 9

H.F. _____ in office? 1 CANDIDATE ’ S NAME YES ☐ NO ☐ 2 CANDIDATE ’ S NAME YES ☐ NO ☐ 3 DISTRICT COURT 4 Shall the following judge, associate judge, associate juvenile 5 judge, or associate probate judge of the District Court be 6 retained in office? 7 CANDIDATE ’ S NAME YES ☐ NO ☐ 8 Shall the following full-time magistrate be retained in office? 9 CANDIDATE ’ S NAME YES ☐ NO ☐ 10 Shall the following clerk of the District Court be retained in 11 office? 12 CANDIDATE ’ S NAME YES ☐ NO ☐ 13 Sec. 4. Section 46.24, Code 2011, is amended to read as 14 follows: 15 46.24 Results of election. 16 1. A judge of the supreme court, court of appeals, or 17 district court including a district associate judge, full-time 18 associate juvenile judge, or full-time associate probate judge, 19 a full-time magistrate, or a clerk of the district court must 20 receive more affirmative than negative votes to be retained in 21 office. When the poll is closed, the election judges shall 22 publicly canvass the vote forthwith. The board of supervisors 23 shall canvass the returns on the Monday or Tuesday after the 24 election, and shall promptly certify the number of affirmative 25 and negative votes on each judge , magistrate, or clerk to the 26 state commissioner of elections. 27 2. The state board of canvassers shall, at the time of 28 canvassing the vote cast at a general election, open and 29 canvass all of the returns for the judicial election. Each 30 A judge of the supreme court, court of appeals, or district 31 court including a district associate judge, full-time associate 32 juvenile judge, or full-time associate probate judge, a 33 full-time magistrate, or a clerk of the district court who has 34 received more affirmative than negative votes shall receive 35 -3- LSB 6039HC (2) 84 jm/rj 3/ 9

H.F. _____ from the state board of canvassers an appropriate certificate 1 so stating. 2 Sec. 5. Section 602.6105, subsection 3, paragraph a, Code 3 2011, is amended to read as follows: 4 a. The chief judge of a judicial district shall designate 5 times and places for magistrates to hold court to ensure 6 accessibility of magistrates at all times throughout the 7 district , including the availability of a magistrate in each 8 county on a regular basis . The schedule of times and places of 9 availability of magistrates and any schedule changes shall be 10 disseminated by the chief judge to the peace officers within 11 the district. 12 Sec. 6. Section 602.6401, subsection 3, Code 2011, is 13 amended by striking the subsection. 14 Sec. 7. Section 602.6403, subsection 1, Code 2011, 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. 8. Section 602.6403, subsection 3, Code 2011, 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 -4- LSB 6039HC (2) 84 jm/rj 4/ 9

H.F. _____ Sec. 9. NEW SECTION . 602.6406 Appointment of full-time 1 magistrate. 2 1. The chief judge, upon approval of the supreme court, 3 may designate by order of substitution that a full-time 4 magistrate be appointed pursuant to this section in lieu of the 5 appointment of three magistrates appointed pursuant to section 6 602.6403 subject to the limitations of this section. 7 2. A full-time magistrate shall be subject to the same 8 appointment process, qualifications, and shall have the same 9 jurisdictional limits of a magistrate appointed pursuant 10 to sections 602.6403 through 602.6405, except as otherwise 11 provided in this section. 12 3. A full-time magistrate shall serve an initial term and 13 stand for retention in office as provided under sections 46.16 14 through 46.24. 15 4. A person does not qualify for appointment to the office 16 of full-time magistrate unless the person is at the time of 17 appointment a resident of the county in which the vacancy 18 exists or of a contiguous county, licensed to practice law in 19 Iowa, and will be able, measured by the person’s age at the 20 time of appointment, to complete the initial term of office 21 prior to reaching age seventy-two. An applicant for full-time 22 magistrate shall file a certified application form, to be 23 provided by the supreme court, with the chairperson of the 24 county magistrate appointing commission. 25 5. A full-time magistrate shall be a resident of a county in 26 which the office is held or of a contiguous county during the 27 entire term of office. 28 6. A full-time magistrate shall qualify for office as 29 provided in chapter 63 for district judges. 30 7. In the case of a full-time magistrate to be appointed 31 to serve in more than one county, the appointment shall be 32 from persons nominated by the county magistrate appointing 33 commissions acting jointly. 34 8. The appointment of a full-time magistrate shall be 35 -5- LSB 6039HC (2) 84 jm/rj 5/ 9

H.F. _____ subject to the following limitations: 1 a. The county of appointment must have three or more 2 magistrates apportioned to the county pursuant to section 3 602.6401. If the appointment is for service in more than one 4 county, the counties, in the aggregate, must have three or more 5 magistrates apportioned to the counties pursuant to section 6 602.6401. 7 b. A majority of district judges in the judicial election 8 district must vote in favor of the substitution and find that 9 the substitution will provide a more timely and efficient 10 performance of judicial business within the judicial election 11 district. In the case of a full-time magistrate to be 12 substituted for three magistrates from different judicial 13 election districts, the vote in favor of the substitution 14 requires a majority of the district judges in each judicial 15 election district affected. 16 9. An order of substitution shall not take effect unless, 17 a copy of the order is received by the chairperson of the 18 applicable county magistrate appointing commission no later 19 than May 31 of the year in which the substitution is to take 20 effect. 21 10. For a county in which a substitution order is in 22 effect, the number of magistrates actually appointed pursuant 23 to section 602.6403 shall be reduced by two for each full-time 24 magistrate substituted under this section. However, if the 25 substitution order is for a full-time magistrate appointed to 26 serve more than one county, the reduction of the magistrate 27 shall be as provided in the order of the chief judge of 28 the judicial district. Upon a subsequent reduction in the 29 apportionment of a magistrate to a county, the magistrate 30 appointing commission shall further reduce the number of 31 magistrates appointed. 32 11. a. Except as provided in subsections 1 through 10, 33 a substitution shall not increase or decrease the number of 34 magistrates authorized by this article. 35 -6- LSB 6039HC (2) 84 jm/rj 6/ 9

H.F. _____ b. A substitution shall not be made where the apportionment 1 of magistrates to a county is insufficient to permit the 2 reduction of magistrates as required by subsection 10. 3 12. If an apportionment by the state court administrator 4 pursuant to section 602.6401 reduces the number of magistrates 5 in a county to less than the number required to be apportioned 6 for a substitution order to remain in effect, or if a majority 7 of the district judges in each affected judicial election 8 district determines that a substitution is no longer desirable, 9 the substituted office shall be terminated. However, a 10 reversion pursuant to this subsection, irrespective of cause, 11 shall not take effect until the substitute full-time magistrate 12 fails to be retained in office at a judicial election or 13 otherwise leaves office, whether voluntarily or involuntarily, 14 and the office becomes vacant. Upon reversion of the office, 15 appointments shall be made pursuant to section 602.6403 as 16 necessary to reestablish terms of office pursuant to section 17 602.6403, subsection 4. 18 EXPLANATION 19 This bill relates to the apportionment of magistrates, and 20 creates a full-time magistrate office. 21 The amendments to Code sections 46.16, 46.20, 46.21, and 22 46.24, relate to the retention of a full-time magistrate 23 position created by the bill in new Code section 602.6406. 24 The amendment to Code section 602.6105 specifies that 25 the chief judge of a judicial district has the authority to 26 designate the time and location a magistrate may hold court to 27 ensure the availability of a magistrate in each county on a 28 regular basis. 29 The bill strikes Code section 602.6401(3) requiring at least 30 one resident magistrate in each county. Current law permits 31 a magistrate to be a resident of a county contiguous to the 32 county of appointment. 33 The amendment to Code section 602.6105(3) specifies that the 34 chief judge shall designate the availability of a magistrate in 35 -7- LSB 6039HC (2) 84 jm/rj 7/ 9

H.F. _____ each county on a regular basis. 1 The bill creates new Code section 602.6406 providing for the 2 establishment of full-time magistrate positions. Under the 3 bill, the chief judge, upon approval of the supreme court, may 4 designate by order of substitution that a full-time magistrate 5 be appointed in lieu of three part-time magistrates. 6 The bill requires a full-time magistrate to stand for 7 retention every six years after serving an initial term and 8 requires a full-time magistrate to be a lawyer licensed to 9 practice law in Iowa. 10 The bill creates special retention provisions for full-time 11 magistrates pursuant to Code section 46.20. Under the bill, 12 if a full-time magistrate is a resident of a county contiguous 13 to the county of appointment and the counties are located 14 in different judicial election districts, the full-time 15 magistrate shall stand for retention in the judicial election 16 district containing the county of appointment. If a full-time 17 magistrate is appointed to serve in more than one county under 18 the bill, and the counties are in different judicial election 19 districts, the full-time magistrate shall simultaneously stand 20 for retention in each judicial election district and the vote 21 totals from each judicial election district shall be combined 22 to determine if the full-time magistrate is retained. 23 Under the bill, if a full-time magistrate is appointed 24 to serve in more than one county, the appointment shall be 25 from persons nominated by the applicable county magistrate 26 appointing commissions acting jointly. 27 The bill specifies a full-time magistrate shall have the 28 same jurisdictional limits of a magistrate appointed pursuant 29 to Code sections 602.6403 through 602.6405. 30 The bill also places other limits on the appointment of 31 a full-time magistrate. The bill requires the county of 32 appointment to have three or more magistrates apportioned to 33 the county pursuant to Code section 602.6401, or in the case 34 of an appointment of a full-time magistrate to serve in more 35 -8- LSB 6039HC (2) 84 jm/rj 8/ 9

H.F. _____ than one county, the counties, in the aggregate, shall be 1 apportioned three or more magistrates. 2 The bill requires a majority of district judges in the 3 judicial election district to vote in favor of substituting 4 a full-time magistrate for three magistrates and find that 5 the substitution will provide a more timely and efficient 6 performance of judicial business. In the case of a full-time 7 magistrate to be substituted for three magistrates from 8 different judicial election districts, the vote in favor of the 9 substitution requires a majority of the district judges in each 10 judicial election district affected. 11 In counties where a substitution order is in effect, the 12 bill requires the number of magistrates actually appointed in 13 the county to be reduced by two magistrates for each full-time 14 magistrate appointed. If the substitution order calls for 15 a full-time magistrate appointed to serve in more than one 16 county, the reduction of the magistrate shall be provided in 17 the substitution order of the chief judge of the judicial 18 district. 19 Under the bill, if an apportionment by the state court 20 administrator pursuant to Code section 602.6401 reduces the 21 number of magistrates in a county to less than the number 22 required to permit a substitution order to remain in effect, or 23 if a majority of the district judges in each affected judicial 24 election district determines that a substitution is no longer 25 desirable, then the substituted office shall be terminated. 26 The bill prohibits a reversion of a full-time magistrate office 27 back to three magistrate offices until the substitute full-time 28 magistrate fails to be retained in office at a judicial 29 election or otherwise leaves office, whether voluntarily or 30 involuntarily, and the office becomes vacant. Upon reversion 31 of the office, the bill requires the appointments of the three 32 magistrates to be made pursuant to Code section 602.6403 as 33 necessary to reestablish terms of office pursuant to Code 34 section 602.6403(4). 35 -9- LSB 6039HC (2) 84 jm/rj 9/ 9