S.F. _____ Section 1. Section 602.1101, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9A. “Senior magistrate” means a person who 3 qualifies as a senior magistrate under article 9, part 3. 4 Sec. 2. Section 602.1610, subsection 1, Code 2023, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . d. Notwithstanding paragraph “c” , a judicial 7 magistrate who attains the age of seventy-two years and has 8 less than fifty percent of the magistrate’s current term of 9 appointment left to serve shall have the right to elect to 10 serve the remainder of the magistrate’s current term but shall 11 not be eligible for reappointment. 12 Sec. 3. NEW SECTION . 602.9301 Short title. 13 This part may be cited and referred to as the “Iowa Senior 14 Magistrate Act” . 15 Sec. 4. NEW SECTION . 602.9302 Definitions. 16 As used in this part, unless the context otherwise requires: 17 1. “Retired magistrate” means a magistrate that has retired 18 as a magistrate after serving not less than eight years and has 19 attained the age of fifty-five. “Retired magistrate” does not 20 include magistrates who are seeking reappointment. 21 2. “Roster of senior magistrates” means a roster maintained 22 by the clerk of the supreme court under section 602.9304, 23 subsection 3. 24 3. “Senior magistrate” means a magistrate who meets the 25 requirements of section 602.9304 and who has not been retired 26 or removed from the roster of senior magistrates under section 27 602.9307 or 602.9308. 28 4. “Senior magistrate retirement age” means seventy-eight 29 years of age, or if the senior magistrate is reappointed as 30 a senior magistrate for an additional one-year term upon 31 attaining seventy-eight years of age, and then to a succeeding 32 one-year term, pursuant to section 602.9304, eighty years of 33 age. 34 5. “Twelve-month period” means each successive one-year 35 -1- LSB 2075XC (3) 90 cm/ns 1/ 6

S.F. _____ period commencing on the date a retired magistrate becomes a 1 senior magistrate and while the magistrate continues to be a 2 senior magistrate. 3 Sec. 5. NEW SECTION . 602.9303 Qualifications —— service. 4 1. A senior magistrate shall be a resident of the judicial 5 district of appointment during the senior magistrate’s term of 6 office. 7 2. A senior magistrate shall serve only within the judicial 8 district in which the senior magistrate is appointed. 9 3. A senior magistrate shall serve on a per diem basis 10 as directed by the chief judge of the judicial district of 11 appointment for the orderly administration of justice in order 12 to provide actively serving magistrates with time off from 13 their regular service. Actively serving magistrates shall not 14 receive coverage for time off under this section for more than 15 nine consecutive days in a twelve-month period unless a greater 16 number is approved by the chief judge of the judicial district 17 of appointment. 18 4. A senior magistrate shall not serve more than sixty days 19 in each twelve-month period. 20 Sec. 6. NEW SECTION . 602.9304 Senior magistrate 21 requirements —— appointment and term. 22 1. A magistrate who qualifies under subsection 2 may become 23 a senior magistrate by filing with the clerk of the supreme 24 court a written election in the form specified by the supreme 25 court. The election shall be filed within six months of the 26 date of retirement. 27 2. A magistrate referred to in subsection 1 may be 28 appointed, at the discretion of the supreme court, for a 29 two-year term as senior magistrate if the magistrate meets all 30 of the following requirements: 31 a. Retires from office on or after July 1, 2022, regardless 32 of whether the magistrate is of mandatory retirement age. 33 b. Agrees in writing on a form prescribed by the supreme 34 court to be available as long as the magistrate is a senior 35 -2- LSB 2075XC (3) 90 cm/ns 2/ 6

S.F. _____ magistrate to perform judicial duties as assigned by the 1 supreme court or chief judge of the senior magistrate’s 2 judicial district for service not to exceed an aggregate period 3 of sixty days out of each successive twelve-month period. 4 c. Submits evidence to the satisfaction of the supreme court 5 that, as of the date of retirement, the magistrate does not 6 suffer from a permanent physical or mental disability which 7 would substantially interfere with the performance of duties 8 agreed to under paragraph “b” . 9 3. The clerk of the supreme court shall maintain a book 10 entitled “Roster of Senior Magistrates”, and shall enter in the 11 book the name of each magistrate who files a timely election 12 under subsection 1 and qualifies under subsection 2. A person 13 shall be a senior magistrate upon entry of the person’s name in 14 the roster of senior magistrates and until the person becomes 15 a retired senior magistrate as provided in section 602.9307, 16 or until the person’s name is stricken from the roster of 17 senior magistrates as provided in section 602.9308, or until 18 the person dies. 19 4. The supreme court shall cause each senior magistrate 20 on the roster to actually perform judicial duties during each 21 successive twelve-month period. 22 5. a. A senior magistrate may be reappointed to additional 23 two-year terms, at the discretion of the supreme court, if the 24 judicial officer meets the requirements of subsection 2. 25 b. A senior magistrate may be reappointed to a one-year term 26 upon attaining seventy-eight years of age and to a succeeding 27 one-year term, at the discretion of the supreme court, if the 28 judicial officer meets the requirements of subsection 2. 29 Sec. 7. NEW SECTION . 602.9305 Senior magistrate salaries. 30 1. A magistrate who retires on or after July 1, 2022, and 31 who is appointed a senior magistrate under section 602.9304 32 shall be paid a per diem rate as determined by the general 33 assembly. Except as provided in subsection 2, such per 34 diem pay shall be the only compensation paid to the senior 35 -3- LSB 2075XC (3) 90 cm/ns 3/ 6

S.F. _____ magistrate. 1 2. The senior magistrate shall be reimbursed for costs for 2 which actively serving magistrates are reimbursed at the same 3 rate. 4 3. The state shall provide, regardless of age, to an active 5 senior magistrate, and pay for, medical insurance until the 6 magistrate attains senior magistrate retirement age at the 7 same rate as is applicable to actively serving magistrates. 8 A senior magistrate who elects to participate in medical 9 insurance through the judicial branch shall make appropriate 10 arrangements for the payment of the senior magistrate’s share 11 of medical insurance costs. 12 Sec. 8. NEW SECTION . 602.9306 Practice of law. 13 A senior magistrate may practice law as provided under the 14 Iowa code of judicial conduct. 15 Sec. 9. NEW SECTION . 602.9307 Retirement of senior 16 magistrate. 17 A senior magistrate shall cease to be a senior magistrate 18 upon completion of the twelve-month period during which the 19 magistrate attains senior magistrate retirement age. The clerk 20 of the supreme court shall make a notation of the retirement 21 of a senior magistrate in the roster of senior magistrates, at 22 which time the senior magistrate shall become a retired senior 23 magistrate. 24 Sec. 10. NEW SECTION . 602.9308 Relinquishment of status as 25 senior magistrate —— removal for cause. 26 1. A senior magistrate, at any time prior to the end of 27 the twelve-month period during which the magistrate attains 28 senior magistrate retirement age, may submit to the clerk of 29 the supreme court a written request that the magistrate’s name 30 be stricken from the roster of senior magistrates. Upon the 31 receipt of the request, the clerk shall strike the name of the 32 person from the roster of senior magistrates, at which time the 33 person shall cease to be a senior magistrate. 34 2. A senior magistrate is subject to removal under article 35 -4- LSB 2075XC (3) 90 cm/ns 4/ 6

S.F. _____ 2, part 1, for persistent failure to perform duties, habitual 1 intemperance, willful misconduct in office, conduct which 2 brings the judicial office into disrepute, or substantial 3 violation of the canons of judicial ethics. When a person is 4 removed as a senior magistrate as provided in this subsection, 5 the clerk of the supreme court shall strike the name of the 6 person from the roster of senior magistrates, at which time the 7 person shall cease to be a senior magistrate. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to senior magistrates. The bill requires 12 a senior magistrate to reside in the judicial district of 13 appointment during the senior magistrate’s term of office. The 14 bill provides that a senior magistrate shall serve only in one 15 judicial district, shall serve on a per diem basis, and shall 16 not serve more than 60 days each 12-month period. 17 The bill provides for requirements, appointment, and terms 18 of senior magistrates. A magistrate may be appointed at 19 the discretion of the supreme court, within six months of 20 retirement, after filing the appropriate form and meeting 21 the following requirements: (1) retires from office on or 22 after July 1, 2022; (2) agrees in writing to be available to 23 perform judicial duties as assigned by the supreme court or 24 chief judge of the senior magistrate’s judicial district; (3) 25 submits evidence to the satisfaction of the supreme court that, 26 as of the date of retirement, the magistrate does not suffer 27 from a permanent physical or mental disability which would 28 substantially interfere with the performance of duties. 29 The bill requires the clerk of the supreme court to maintain 30 a book entitled “Roster of Senior Magistrates”. The bill 31 provides that a senior magistrate may be reappointed to 32 additional two-year terms at the discretion of the supreme 33 court and may be reappointed to a one-year term upon attaining 34 78 years of age and to a succeeding one-year term, at the 35 -5- LSB 2075XC (3) 90 cm/ns 5/ 6

S.F. _____ discretion of the supreme court. 1 The bill provides for salaries of senior magistrates on a 2 per diem rate as determine by the general assembly, as well as 3 medical insurance through the judicial branch. 4 The bill provides that a person acting as a senior magistrate 5 may also practice law pursuant to the Iowa code of judicial 6 conduct. 7 The bill allows for a senior magistrate to retire upon the 8 completion of the 12-month period during which the magistrate 9 attains 78 years of age. The bill requires the clerk of the 10 supreme court to make a notation of the retirement of a senior 11 magistrate in the roster of senior magistrates. 12 The bill provides procedures for relinquishment of status as 13 a senior magistrate and for the removal for cause of a senior 14 magistrate. 15 -6- LSB 2075XC (3) 90 cm/ns 6/ 6