Senate Study Bill 3036 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) 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 5116XC (3) 85 jm/rj
S.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- LSB 5116XC (3) 85 jm/rj 1/ 2
S.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 -2- LSB 5116XC (3) 85 jm/rj 2/ 2