SSB 1163 (LSB 2075XC (3) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to magistrate judges.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.1101, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  9A.  “Senior magistrate” means a person who qualifies as a senior magistrate under article 9, part 3.
    Sec. 2.  Section 602.1610, subsection 1, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Notwithstanding paragraph “c”, a judicial magistrate who attains the age of seventy-two years and has less than fifty percent of the magistrate’s current term of appointment left to serve shall have the right to elect to serve the remainder of the magistrate’s current term but shall not be eligible for reappointment.
    Sec. 3.  NEW SECTION.  602.9301  Short title.
   This part may be cited and referred to as the “Iowa Senior Magistrate Act”.
    Sec. 4.  NEW SECTION.  602.9302  Definitions.
   As used in this part, unless the context otherwise requires:
   1.  “Retired magistrate” means a magistrate that has retired as a magistrate after serving not less than eight years and has attained the age of fifty-five. “Retired magistrate” does not include magistrates who are seeking reappointment.
   2.  “Roster of senior magistrates” means a roster maintained by the clerk of the supreme court under section 602.9304, subsection 3.
   3.  “Senior magistrate” means a magistrate who meets the requirements of section 602.9304 and who has not been retired or removed from the roster of senior magistrates under section 602.9307 or 602.9308.
   4.  “Senior magistrate retirement age” means seventy-eight years of age, or if the senior magistrate is reappointed as a senior magistrate for an additional one-year term upon attaining seventy-eight years of age, and then to a succeeding one-year term, pursuant to section 602.9304, eighty years of age.
   5.  “Twelve-month period” means each successive one-year period commencing on the date a retired magistrate becomes a senior magistrate and while the magistrate continues to be a senior magistrate.
    Sec. 5.  NEW SECTION.  602.9303  Qualifications —— service.
   1.  A senior magistrate shall be a resident of the judicial district of appointment during the senior magistrate’s term of office.
   2.  A senior magistrate shall serve only within the judicial district in which the senior magistrate is appointed.
   3.  A senior magistrate shall serve on a per diem basis as directed by the chief judge of the judicial district of appointment for the orderly administration of justice in order to provide actively serving magistrates with time off from their regular service. Actively serving magistrates shall not receive coverage for time off under this section for more than nine consecutive days in a twelve-month period unless a greater number is approved by the chief judge of the judicial district of appointment.
   4.  A senior magistrate shall not serve more than sixty days in each twelve-month period.
    Sec. 6.  NEW SECTION.  602.9304  Senior magistrate requirements —— appointment and term.
   1.  A magistrate who qualifies under subsection 2 may become a senior magistrate by filing with the clerk of the supreme court a written election in the form specified by the supreme court. The election shall be filed within six months of the date of retirement.
   2.  A magistrate referred to in subsection 1 may be appointed, at the discretion of the supreme court, for a two-year term as senior magistrate if the magistrate meets all of the following requirements:
   a.  Retires from office on or after July 1, 2022, regardless of whether the magistrate is of mandatory retirement age.
   b.  Agrees in writing on a form prescribed by the supreme court to be available as long as the magistrate is a senior magistrate to perform judicial duties as assigned by the supreme court or chief judge of the senior magistrate’s judicial district for service not to exceed an aggregate period of sixty days out of each successive twelve-month period.
   c.  Submits evidence to the satisfaction of the supreme court that, as of the date of retirement, the magistrate does not suffer from a permanent physical or mental disability which would substantially interfere with the performance of duties agreed to under paragraph “b”.
   3.  The clerk of the supreme court shall maintain a book entitled “Roster of Senior Magistrates”, and shall enter in the book the name of each magistrate who files a timely election under subsection 1 and qualifies under subsection 2. A person shall be a senior magistrate upon entry of the person’s name in the roster of senior magistrates and until the person becomes a retired senior magistrate as provided in section 602.9307, or until the person’s name is stricken from the roster of senior magistrates as provided in section 602.9308, or until the person dies.
   4.  The supreme court shall cause each senior magistrate on the roster to actually perform judicial duties during each successive twelve-month period.
   5.  a.  A senior magistrate may be reappointed to additional two-year terms, at the discretion of the supreme court, if the judicial officer meets the requirements of subsection 2.
   b.  A senior magistrate may be reappointed to a one-year term upon attaining seventy-eight years of age and to a succeeding one-year term, at the discretion of the supreme court, if the judicial officer meets the requirements of subsection 2.
    Sec. 7.  NEW SECTION.  602.9305  Senior magistrate salaries.
   1.  A magistrate who retires on or after July 1, 2022, and who is appointed a senior magistrate under section 602.9304 shall be paid a per diem rate as determined by the general assembly. Except as provided in subsection 2, such per diem pay shall be the only compensation paid to the senior magistrate.
   2.  The senior magistrate shall be reimbursed for costs for which actively serving magistrates are reimbursed at the same rate.
   3.  The state shall provide, regardless of age, to an active senior magistrate, and pay for, medical insurance until the magistrate attains senior magistrate retirement age at the same rate as is applicable to actively serving magistrates. A senior magistrate who elects to participate in medical insurance through the judicial branch shall make appropriate arrangements for the payment of the senior magistrate’s share of medical insurance costs.
    Sec. 8.  NEW SECTION.  602.9306  Practice of law.
   A senior magistrate may practice law as provided under the Iowa code of judicial conduct.
    Sec. 9.  NEW SECTION.  602.9307  Retirement of senior magistrate.
   A senior magistrate shall cease to be a senior magistrate upon completion of the twelve-month period during which the magistrate attains senior magistrate retirement age. The clerk of the supreme court shall make a notation of the retirement of a senior magistrate in the roster of senior magistrates, at which time the senior magistrate shall become a retired senior magistrate.
    Sec. 10.  NEW SECTION.  602.9308  Relinquishment of status as senior magistrate —— removal for cause.
   1.  A senior magistrate, at any time prior to the end of the twelve-month period during which the magistrate attains senior magistrate retirement age, may submit to the clerk of the supreme court a written request that the magistrate’s name be stricken from the roster of senior magistrates. Upon the receipt of the request, the clerk shall strike the name of the person from the roster of senior magistrates, at which time the person shall cease to be a senior magistrate.
   2.  A senior magistrate is subject to removal under article 2, part 1, for persistent failure to perform duties, habitual intemperance, willful misconduct in office, conduct which brings the judicial office into disrepute, or substantial violation of the canons of judicial ethics. When a person is removed as a senior magistrate as provided in this subsection, the clerk of the supreme court shall strike the name of the person from the roster of senior magistrates, at which time the person shall cease to be a senior magistrate.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to senior magistrates. The bill requires a senior magistrate to reside in the judicial district of appointment during the senior magistrate’s term of office. The bill provides that a senior magistrate shall serve only in one judicial district, shall serve on a per diem basis, and shall not serve more than 60 days each 12-month period.
   The bill provides for requirements, appointment, and terms of senior magistrates. A magistrate may be appointed at the discretion of the supreme court, within six months of retirement, after filing the appropriate form and meeting the following requirements: (1) retires from office on or after July 1, 2022; (2) agrees in writing to be available to perform judicial duties as assigned by the supreme court or chief judge of the senior magistrate’s judicial district; (3) submits evidence to the satisfaction of the supreme court that, as of the date of retirement, the magistrate does not suffer from a permanent physical or mental disability which would substantially interfere with the performance of duties.
   The bill requires the clerk of the supreme court to maintain a book entitled “Roster of Senior Magistrates”. The bill provides that a senior magistrate may be reappointed to additional two-year terms at the discretion of the supreme court and may be reappointed to a one-year term upon attaining 78 years of age and to a succeeding one-year term, at the discretion of the supreme court.
   The bill provides for salaries of senior magistrates on a per diem rate as determine by the general assembly, as well as medical insurance through the judicial branch.
   The bill provides that a person acting as a senior magistrate may also practice law pursuant to the Iowa code of judicial conduct.
   The bill allows for a senior magistrate to retire upon the completion of the 12-month period during which the magistrate attains 78 years of age. The bill requires the clerk of the supreme court to make a notation of the retirement of a senior magistrate in the roster of senior magistrates.
   The bill provides procedures for relinquishment of status as a senior magistrate and for the removal for cause of a senior magistrate.