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
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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
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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,
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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
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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.
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