Senate Study Bill 1064 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR An Act relating to judicial residency requirements. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1269XD (6) 88 mo/jh
S.F. _____ H.F. _____ Section 1. Section 602.6201, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. a. A district judge must be a resident of the judicial 3 election district in which appointed and retained within ninety 4 days of appointment . 5 b. Subject to paragraph “a” and the provision for 6 reassignment of judges under section 602.6108 , a district judge 7 shall serve in the district of the judge’s residence while 8 in office, regardless of the number of judgeships to which 9 the district is entitled under the formula prescribed by the 10 supreme court in subsection 3 . 11 Sec. 2. Section 602.6305, subsections 2 and 3, Code 2019, 12 are amended to read as follows: 13 2. A person does not qualify for appointment to the office 14 of district associate judge unless the person is at the time 15 of appointment a resident of the judicial election district in 16 which the vacancy exists, licensed to practice law in Iowa, 17 and will be able, measured by the person’s age at the time of 18 appointment, to complete the initial term of office prior to 19 reaching age seventy-two. An applicant for district associate 20 judge shall file a certified application form, to be provided 21 by the supreme court, with the chairperson of the county 22 magistrate appointing commission. 23 3. A district associate judge must be a resident of the 24 judicial election district in which the office is held during 25 the entire term of office within ninety days of appointment . 26 A district associate judge shall serve within the judicial 27 district in which appointed, as directed by the chief judge, 28 and is subject to reassignment under section 602.6108 . 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 Current law requires district judge nominees and district 33 associate judge nominees to reside within the judicial election 34 district of the court to which they are nominated at the time 35 -1- LSB 1269XD (6) 88 mo/jh 1/ 2
S.F. _____ H.F. _____ of appointment. This bill provides that district judges 1 and district associate judges need only reside within the 2 judicial election district within 90 days of appointment, but 3 that a district associate judge must be a resident of the 4 judicial district in which the vacancy exists at the time of 5 appointment. 6 -2- LSB 1269XD (6) 88 mo/jh 2/ 2