House
Study
Bill
506
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
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
TLSB
5116HC
(3)
85
jm/rj
H.F.
_____
Section
1.
Section
602.6502,
Code
2014,
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
2014,
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
2014,
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
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
election
or
appointment
to
a
county
30
magistrate
appointing
commission.
31
The
bill
allows
the
board
of
supervisors
to
appoint
an
32
active
law
enforcement
officer
to
serve
as
a
commissioner
33
on
a
magistrate
appointing
commission.
Currently,
such
an
34
appointment
is
prohibited.
35
-1-
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5116HC
(3)
85
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1/
2
H.F.
_____
The
bill
also
provides
that
a
county
attorney
may
be
elected
1
to
serve
on
a
county
magistrate
appointing
commission.
Current
2
law
prohibits
a
county
attorney
from
being
elected
to
the
3
commission.
4
The
bill
makes
a
commissioner
of
a
county
magistrate
5
appointment
commission
ineligible
to
vote
for
the
appointment
6
or
nomination
of
a
current
member
of
the
commissioner’s
same
7
office.
Current
law
provides
that
a
commissioner
is
ineligible
8
to
vote
for
the
appointment
or
nomination
of
a
family
member,
9
current
law
partner,
or
current
business
partner.
10
A
county
magistrate
commission
appoints
the
magistrates
11
authorized
for
each
county
pursuant
to
Code
section
602.6403.
12
A
county
magistrate
commission
consists
of
a
district
judge,
13
three
commissioners
appointed
by
the
county
supervisors,
and
14
two
commissioners
elected
by
the
attorneys
residing
in
the
15
county.
16
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(3)
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2