House File 2409 - Introduced HOUSE FILE 2409 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 527) A BILL FOR An Act relating to salaries and apportionment of judicial 1 officers and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5265HV (2) 86 tm/rj
H.F. 2409 Section 1. Section 602.1501, Code 2016, is amended by 1 striking the section and inserting in lieu thereof the 2 following: 3 602.1501 Judicial salaries. 4 The salaries of all judicial officers as defined in section 5 602.1101 shall be set by the supreme court and paid from the 6 general operating moneys appropriated to the judicial branch. 7 Sec. 2. Section 602.6113, Code 2016, is amended to read as 8 follows: 9 602.6113 Apportionment of certain judicial officers —— 10 substantial disparity. 11 Notwithstanding section 602.6201 , 602.6301 , 602.6304 , 12 602.7103B , or 633.20B , if a vacancy occurs in the office of a 13 district judge, district associate judge, associate juvenile 14 judge, or associate probate judge, and the chief justice of 15 the supreme court makes a finding that a substantial disparity 16 exists in the allocation of such judgeships and judicial 17 workload between judicial election districts, the chief justice 18 supreme court may apportion the vacant office from the judicial 19 election district where the vacancy occurs to another judicial 20 election district based upon the substantial disparity finding. 21 However, such a judgeship shall not be apportioned pursuant 22 to this section unless a majority of the judicial council 23 approves the apportionment. This section does not apply to a 24 district associate judge office authorized by section 602.6302 25 or 602.6307 . 26 Sec. 3. Section 602.6201, subsections 5, 6, 7, and 10, Code 27 2016, are amended by striking the subsections. 28 Sec. 4. Section 602.6301, Code 2016, is amended by striking 29 the section and inserting in lieu thereof the following: 30 602.6301 Number and apportionment of district associate 31 judges. 32 The supreme court shall prescribe, subject to the 33 restrictions of this section, a formula to determine the 34 number of district associate judges serving in each judicial 35 -1- LSB 5265HV (2) 86 tm/rj 1/ 4
H.F. 2409 election district. The formula shall be based on a model that 1 measures and applies an estimated case-related workload formula 2 of judicial officers, and shall account for administrative 3 duties, travel time, and other judicial duties not related to a 4 specific case. 5 Sec. 5. Section 602.6401, subsection 1, Code 2016, is 6 amended to read as follows: 7 1. Two hundred six magistrates Magistrates shall be 8 apportioned among the counties as provided in this section . 9 Magistrates appointed pursuant to section 602.6303 or 602.6402 10 shall not be counted for purposes of this section . 11 Sec. 6. Section 602.9104, subsection 1, paragraph a, Code 12 2016, is amended to read as follows: 13 a. A judge to whom this article applies shall be paid an 14 amount equal to the basic salary of the judge as set by the 15 general assembly reduced by an amount designated as the judge’s 16 required contribution to the judicial retirement fund. The 17 amount designated as the judge’s required contribution shall be 18 paid by the state in the manner provided in subsection 2 . 19 Sec. 7. Section 602.9204, subsection 1, paragraph a, Code 20 2016, is amended to read as follows: 21 a. A judge who retires on or after July 1, 1994, and who is 22 appointed a senior judge under section 602.9203 shall be paid a 23 salary as determined by the general assembly chief justice of 24 the supreme court . 25 Sec. 8. 2008 Iowa Acts, chapter 1191, section 14, subsection 26 7, as amended by 2010 Iowa Acts, chapter 1193, section 26, is 27 amended to read as follows: 28 7. The following are range 7 positions: administrator 29 of the public broadcasting division of the department of 30 education, director of the department of corrections, director 31 of the department of education, director of human services, 32 director of the department of economic development, executive 33 director of the Iowa telecommunications and technology 34 commission, executive director of the state board of regents, 35 -2- LSB 5265HV (2) 86 tm/rj 2/ 4
H.F. 2409 director of transportation, director of the department of 1 workforce development, director of revenue, director of 2 public health, state court administrator, director of the 3 department of management, chief information officer, state debt 4 coordinator, and director of the department of administrative 5 services. 6 Sec. 9. REPEAL. 2013 Iowa Acts, chapter 140, section 40, 7 is repealed. 8 Sec. 10. EFFECTIVE DATE. The following provision or 9 provisions of this Act take effect July 1, 2017: 10 1. The section of this Act amending section 602.1501. 11 2. The section of this Act repealing 2013 Iowa Acts, chapter 12 140, section 40. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to salaries and apportionment of judicial 17 officers. 18 Currently, the salary for judicial officers is set by the 19 general assembly by session law. The bill provides that the 20 salaries of judicial officers shall be set by the supreme court 21 and paid from the general operating moneys appropriated to the 22 judicial branch. This provision takes effect July 1, 2017. 23 Currently, if a vacancy occurs in the office of a district 24 judge, district associate judge, associate juvenile judge, 25 or associate probate judge and the chief justice finds 26 disparity in the allocation of such judicial officers, the 27 chief justice may apportion the vacancy if a majority of the 28 judicial council approves the apportionment. The bill changes 29 the responsibility of finding disparity and apportioning 30 the vacancy to the supreme court. The bill eliminates the 31 requirement for approval by the judicial council. 32 Currently, the supreme court prescribes a formula to 33 determine the number of district judges who will serve in a 34 district, subject to certain restrictions. The bill eliminates 35 -3- LSB 5265HV (2) 86 tm/rj 3/ 4
H.F. 2409 four such restrictions relating to the filling of vacancies 1 including a restriction that the number of district judges 2 shall not exceed 116. 3 Currently, the number and apportionment of district 4 associate judges is provided based on population. The bill 5 requires the supreme court to prescribe a formula determining 6 the number of district associate judges serving in each 7 judicial election district based on a model that measures and 8 applies an estimated case-related workload formula of judicial 9 officers and that accounts for administrative duties, travel 10 time, and other judicial duties. 11 Currently, 206 magistrates are required to be apportioned 12 among the counties. The bill eliminates the specific number of 13 magistrates that must be apportioned. 14 The bill provides that the salary of a senior judge shall be 15 determined by the chief justice of the supreme court. 16 The bill amends 2008 Iowa Acts, chapter 1191, section 14, 17 which provides salary ranges for state officers by removing the 18 position of state court administrator from the salary ranges. 19 The bill repeals 2013 Iowa Acts, chapter 140, section 20 40, which relates to salaries for judicial officers. This 21 provision takes effect July 1, 2017. 22 -4- LSB 5265HV (2) 86 tm/rj 4/ 4