House
Study
Bill
87
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
relating
to
elections
or
appointments
to
a
county
1
magistrate
appointing
commission.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
602.6502,
Code
2011,
is
amended
to
read
1
as
follows:
2
602.6502
Prohibitions
to
appointment.
3
A
member
of
a
county
magistrate
appointing
commission
4
shall
not
be
appointed
to
the
office
of
magistrate,
and
shall
5
not
be
nominated
for
or
appointed
to
the
office
of
district
6
associate
judge,
office
of
associate
juvenile
judge,
or
office
7
of
associate
probate
judge.
A
member
of
the
commission
shall
8
not
be
eligible
to
vote
for
the
appointment
or
nomination
of
9
a
family
member,
current
law
partner,
or
current
business
10
partner
,
or
current
member
of
the
same
office
.
For
purposes
11
of
this
section
,
“family
member”
means
a
spouse,
son,
daughter,
12
brother,
sister,
uncle,
aunt,
first
cousin,
nephew,
niece,
13
father-in-law,
mother-in-law,
son-in-law,
daughter-in-law,
14
brother-in-law,
sister-in-law,
father,
mother,
stepfather,
15
stepmother,
stepson,
stepdaughter,
stepbrother,
stepsister,
16
half
brother,
or
half
sister.
17
Sec.
2.
Section
602.6503,
subsection
2,
Code
2011,
is
18
amended
to
read
as
follows:
19
2.
The
board
of
supervisors
shall
not
appoint
an
attorney
or
20
an
active
law
enforcement
officer
to
serve
as
a
commissioner.
21
Sec.
3.
Section
602.6504,
subsection
2,
Code
2011,
is
22
amended
to
read
as
follows:
23
2.
A
Notwithstanding
section
39.11
or
any
other
law
or
rule
24
to
the
contrary,
a
county
attorney
shall
not
may
be
elected
to
25
the
commission.
26
EXPLANATION
27
This
bill
relates
to
the
election
or
appointment
to
a
county
28
magistrate
appointing
commission.
29
The
bill
allows
the
board
of
supervisors
to
appoint
an
30
active
law
enforcement
officer
to
serve
as
a
commissioner
31
on
a
magistrate
appointing
commission.
Currently,
such
an
32
appointment
is
prohibited.
33
The
bill
also
provides
that
a
county
attorney
may
be
elected
34
to
serve
on
a
county
magistrate
appointing
commission.
Current
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_____
law
prohibits
a
county
attorney
from
being
elected
to
the
1
commission.
2
The
bill
makes
a
commissioner
of
a
county
magistrate
3
appointment
commission
ineligible
to
vote
for
the
appointment
4
or
nomination
of
a
current
member
of
the
commissioner’s
same
5
office.
Current
law
provides
that
a
commissioner
is
ineligible
6
to
vote
for
the
appointment
or
nomination
of
a
family
member,
7
current
law
partner,
or
current
business
partner.
8
A
county
magistrate
commission
appoints
the
magistrates
9
authorized
for
each
county
pursuant
to
Code
section
602.6403.
10
A
county
magistrate
commission
consists
of
a
district
judge,
11
three
commissioners
appointed
by
the
county
supervisors,
and
12
two
commissioners
elected
by
the
attorneys
residing
in
the
13
county.
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