House File 2043 - Introduced HOUSE FILE 2043 BY HITE A BILL FOR An Act relating to the mandatory retirement age of magistrate 1 judges. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5614YH (2) 89 cm/jh
H.F. 2043 Section 1. Section 602.1610, subsection 1, paragraph c, 1 Code 2022, is amended to read as follows: 2 c. The mandatory retirement age is seventy-two years for 3 all district associate judges, associate juvenile judges, and 4 associate probate judges , and judicial magistrates . 5 Sec. 2. Section 602.1610, subsection 1, Code 2022, is 6 amended by adding the following new paragraph: 7 NEW PARAGRAPH . d. The mandatory retirement age is 8 seventy-eight years for all judicial magistrates. 9 Sec. 3. Section 602.6403, Code 2022, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 4A. A magistrate judge that is subject 12 to retirement for reaching the age of seventy-eight may serve 13 the remainder of the unexpired term in lieu of retiring. A 14 magistrate judge shall not be reappointed to a new term upon 15 attaining seventy-eight years of age. 16 Sec. 4. Section 602.6404, subsection 2, Code 2022, is 17 amended to read as follows: 18 2. A person is not qualified for appointment as a magistrate 19 unless the person files a certified application form, to 20 be provided by the supreme court, with the chairperson of 21 the county magistrate appointing commission. A person is 22 not qualified for appointment as a magistrate if at the 23 time of appointment the person has reached age seventy-two 24 seventy-eight . 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the mandatory retirement age of 29 magistrate judges. The bill increases the mandatory retirement 30 age from 72 to 78, which is the same mandatory retirement age 31 of senior judges. The bill also provides that a person is not 32 qualified to be appointed as a magistrate if the person is 78 33 at the time of appointment. Under current law, a person who 34 reaches the age of 72 is not qualified to be appointed as a 35 -1- LSB 5614YH (2) 89 cm/jh 1/ 2
H.F. 2043 magistrate judge. 1 -2- LSB 5614YH (2) 89 cm/jh 2/ 2