S.F. _____ Section 1. Section 602.1605, subsection 2, Code 2014, 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 under 6 this section shall be had upon motion of the magistrate or of 7 any party, either orally or in writing, and the clerk of the 8 district court shall reassign the matter to a proper judicial 9 officer. If the matter involves a criminal or juvenile 10 delinquency proceeding the disqualification of a magistrate who 11 practices law shall be as provided in subsection 3. 12 Sec. 2. Section 602.1605, Code 2014, 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 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to a magistrate acting as counsel for 25 clients within the geographical jurisdiction of the magistrate. 26 The bill disqualifies a magistrate from appearing as counsel 27 in any criminal or delinquency proceeding in any court within 28 the geographical jurisdiction of the magistrate. 29 The bill defines “jurisdiction of the magistrate” to mean 30 the magistrate’s county of appointment and any other county in 31 which the magistrate regularly holds court. 32 -1- LSB 5117XC (8) 85 jm/rj 1/ 1