HF 321 (LSB 2336YH (1) 91)

HOUSE FILE 321

BY  FISHER

A BILL FOR

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

    Section 1.  Section 602.6404, subsection 3, Code 2025, is amended by striking the subsection and inserting in lieu thereof the following:
   3.  A person is not required to be an attorney licensed to practice law in this state as a condition of being appointed to the office of magistrate, but a county magistrate appointing commission shall first consider applicants who are admitted to practice law in this state when selecting persons for the office of 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 magistrate qualifications. Under current law, a magistrate is required to be an attorney licensed to practice in the state unless the magistrate was holding office on April 1, 2009. The bill removes the requirement that a magistrate be a licensed attorney and provides that licensed attorneys instead receive first consideration. The bill substantively matches the provision in effect prior to 2009.