House File 2338 - Introduced HOUSE FILE 2338 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 591) (COMPANION TO SF 2241 BY COMMITTEE ON JUDICIARY) A BILL FOR An Act relating to the apportionment of district associate 1 judges. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5311HV (2) 89 cm/jh

H.F. 2338 Section 1. Section 602.6301, Code 2022, is amended to read 1 as follows: 2 602.6301 Number and apportionment of district associate 3 judges. 4 1. There shall be one district associate judge in counties 5 having a population of more than thirty-five thousand and less 6 than eighty thousand; two in counties having a population of 7 eighty thousand or more and less than one hundred twenty-five 8 thousand; three in counties having a population of one 9 hundred twenty-five thousand or more and less than one hundred 10 seventy thousand; four in counties having a population of one 11 hundred seventy thousand or more and less than two hundred 12 fifteen thousand; five in counties having a population of two 13 hundred fifteen thousand or more and less than two hundred 14 sixty thousand; six in counties having a population of two 15 hundred sixty thousand or more and less than three hundred 16 five thousand; seven in counties having a population of three 17 hundred five thousand or more and less than three hundred 18 fifty thousand; eight in counties having a population of three 19 hundred fifty thousand or more and less than three hundred 20 ninety-five thousand; nine in counties having a population of 21 three hundred ninety-five thousand or more and less than four 22 hundred forty thousand; ten in counties having a population of 23 four hundred forty thousand or more and less than four hundred 24 eighty-five thousand; and one additional judge for every 25 population increment of thirty-five thousand which is over 26 four hundred eighty-five thousand in such counties. However, 27 a county shall not lose a district associate judgeship solely 28 because of a reduction in the county’s population. If the 29 formula provided in this section results in the allocation 30 of an additional district associate judgeship to a county, 31 implementation of the allocation shall be subject to prior 32 approval of the supreme court and availability of funds to the 33 judicial branch. The supreme court shall prescribe, subject 34 to the restrictions of this section, a formula to determine 35 -1- LSB 5311HV (2) 89 cm/jh 1/ 3

H.F. 2338 the number of district associate judges who will serve in each 1 judicial election district. The formula shall be based upon 2 a model that measures and applies an estimated case-related 3 workload formula of judicial officers, and shall account for 4 administrative duties, travel time, and other judicial duties 5 not related to a specific case. A district associate judge 6 appointed pursuant to section 602.6302 or 602.6307 shall not 7 be counted for purposes of this section and the reduction of 8 a district associate judge pursuant to section 602.6303 also 9 shall not be counted for purposes of this section . 10 2. For purposes of this section, a vacancy means the death, 11 resignation, retirement, or removal of a district associate 12 judge, or the failure of a district associate judge to be 13 retained in office at the judicial election, or an increase in 14 judgeships under the formula prescribed in subsection 1. 15 3. In those judicial election districts having more 16 district associate judges than the number of judgeships 17 specified by the formula prescribed in subsection 1, vacancies 18 shall not be filled. 19 4. In those judicial election districts having fewer or 20 the same number of district associate judges as the number of 21 judgeships specified by the formula prescribed in subsection 1, 22 vacancies in the number of district associate judges shall be 23 filled as the vacancies occur. 24 5. In those judicial districts that contain more than one 25 judicial election district, a vacancy in a judicial election 26 district shall not be filled if the total number of district 27 associate judges in all judicial election districts within 28 the judicial district equals or exceeds the aggregate number 29 of judgeships to which all of the judicial election districts 30 of the judicial district are authorized by the formula in 31 subsection 1. 32 6. An incumbent district associate judge shall not be 33 removed from office because of a reduction in the number of 34 authorized judgeships specified by the formula prescribed in 35 -2- LSB 5311HV (2) 89 cm/jh 2/ 3

H.F. 2338 subsection 1. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to the apportionment of district associate 5 judges. The bill provides a new formula to be prescribed 6 when appointing judges based upon a weighted workload. Under 7 current law, district associate judges are apportioned based 8 upon county population. The bill defines the term “vacancy” 9 to mean the death, resignation, retirement, or removal of 10 a district associate judge, or the failure of a district 11 associate judge to be retained in office at the judicial 12 election, or an increase in judgeships. 13 The bill provides that in districts that currently have more 14 district associate judges than the new formulas prescribed, 15 vacancies shall not be filled and incumbents shall not 16 be removed because of a reduction in number of authorized 17 judgeships, while districts having fewer or the same shall 18 fill vacancies as they occur. In judicial districts that 19 contain more than one judicial election district, a vacancy in 20 a judicial election district shall not be filled if the total 21 number of district associate judges in all judicial election 22 districts within the judicial district equals or exceeds the 23 aggregate number of judgeships to which all of the judicial 24 election districts of the judicial district are authorized. 25 -3- LSB 5311HV (2) 89 cm/jh 3/ 3