House File 956 - Introduced HOUSE FILE 956 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 259) A BILL FOR An Act relating to judicial branch administration, including 1 judicial officer residency, judicial officer retirement 2 age, remote proceedings, court reporter supervision and 3 duties, and civil pleadings availability, and including 4 applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1370HV (3) 91 cm/ns

H.F. 956 DIVISION I 1 JUDICIAL OFFICER RESIDENCY 2 Section 1. Section 602.6201, subsection 2, Code 2025, is 3 amended to read as follows: 4 2. A district judge must be a resident of the judicial 5 election district or a resident of a county contiguous with the 6 judicial election district in which appointed before assuming 7 office and must be a resident of the judicial election district 8 during the entire term of office. Subject to the provision 9 for reassignment of judges under section 602.6108 , a district 10 judge shall serve in the district of the judge’s residence 11 appointment while in office, regardless of the number of 12 judgeships to which the district is entitled under the formula 13 prescribed by the supreme court in subsection 3 . 14 Sec. 2. Section 602.6305, subsections 1 and 3, Code 2025, 15 are amended to read as follows: 16 1. District associate judges shall serve initial terms 17 and shall stand for retention in office within the judicial 18 election districts of their residences appointment at the 19 judicial election under sections 46.16 through 46.24 . 20 3. A district associate judge must be a resident of the 21 judicial election district or a resident of a county contiguous 22 with the judicial election district in which the office is held 23 before assuming office and during the entire term of office. 24 A district associate judge shall serve within the judicial 25 district in which appointed, as directed by the chief judge, 26 and is subject to reassignment under section 602.6108 . 27 Sec. 3. Section 602.6404, subsection 1, Code 2025, is 28 amended to read as follows: 29 1. A magistrate shall be a resident of the county of 30 appointment judicial election district or a resident of 31 a county contiguous to the county of appointment judicial 32 election district in which appointed during the magistrate’s 33 term of office. A magistrate shall serve within the judicial 34 district in which appointed, as directed by the chief judge, 35 -1- LSB 1370HV (3) 91 cm/ns 1/ 11

H.F. 956 provided that the chief judge may assign a magistrate to hold 1 court outside of the county or counties of appointment for the 2 orderly administration of justice. A magistrate is subject to 3 reassignment under section 602.6108 . 4 Sec. 4. Section 602.7103C, subsections 1 and 3, Code 2025, 5 are amended to read as follows: 6 1. Full-time associate juvenile judges shall serve terms 7 and shall stand for retention in office within the judicial 8 election districts of their residences appointment as provided 9 under sections 46.16 through 46.24 . 10 3. A full-time associate juvenile judge must be a resident 11 of the judicial election district or a resident of a county 12 contiguous with the judicial election district in which the 13 office is held before assuming office and during the entire 14 term of office. A full-time associate juvenile judge shall 15 serve within the judicial district in which appointed, as 16 directed by the chief judge, and is subject to reassignment 17 under section 602.6108 . 18 Sec. 5. Section 633.20C, subsections 1 and 3, Code 2025, are 19 amended to read as follows: 20 1. Full-time associate probate judges shall serve terms 21 and shall stand for retention in office within the judicial 22 election districts of their residences appointment as provided 23 under sections 46.16 through 46.24 . 24 3. A full-time associate probate judge must be a resident 25 of the judicial election district or a resident of a county 26 contiguous with the judicial election district in which the 27 office is held before assuming office and during the entire 28 term of office. A full-time associate probate judge shall 29 serve within the judicial district in which appointed, as 30 directed by the chief judge, and is subject to reassignment 31 under section 602.6108 . 32 Sec. 6. REPEAL. Section 602.11110, Code 2025, is repealed. 33 DIVISION II 34 JUDICIAL OFFICER RETIREMENT AGE 35 -2- LSB 1370HV (3) 91 cm/ns 2/ 11

H.F. 956 Sec. 7. Section 46.14, subsection 1, Code 2025, is amended 1 to read as follows: 2 1. Each judicial nominating commission shall carefully 3 consider the individuals available for judge, and within sixty 4 days after receiving notice of a vacancy shall certify to the 5 governor and the chief justice the proper number of nominees, 6 in alphabetical order. Such nominees shall be chosen by the 7 affirmative vote of a majority of the full statutory number 8 of commissioners upon the basis of their qualifications and 9 without regard to political affiliation. Nominees shall be 10 members of the bar of Iowa, shall be residents of the state or 11 district of the court or a county contiguous with the district 12 to which they are nominated, and shall be of such age that 13 they will be able to serve an initial and one regular term of 14 office to which they are nominated before reaching the age of 15 seventy-two seventy-eight years. Absence of a commissioner or 16 vacancy upon the commission shall not invalidate a nomination. 17 The chairperson of the commission shall promptly certify 18 the names of the nominees, in alphabetical order, to the 19 governor and the chief justice by sending by electronic mail 20 the certification to the governor and chief justice or the 21 governor’s and chief justice’s designees on the day of the 22 nomination. 23 Sec. 8. Section 602.1610, subsection 1, paragraphs a, b, and 24 c, Code 2025, are amended to read as follows: 25 a. The mandatory retirement age is seventy-five years for 26 all justices of the supreme court and district judges holding 27 office on July 1, 1965. 28 b. The mandatory retirement age is seventy-two seventy-eight 29 years for all justices of the supreme court, judges of the 30 court of appeals, and district judges appointed to office after 31 July 1, 1965 . 32 c. b. The mandatory retirement age is seventy-two 33 seventy-eight years for all district associate judges, 34 associate juvenile judges, associate probate judges, and 35 -3- LSB 1370HV (3) 91 cm/ns 3/ 11

H.F. 956 judicial magistrates. 1 Sec. 9. Section 602.6305, subsection 2, Code 2025, is 2 amended to read as follows: 3 2. A person does not qualify for appointment to the office 4 of district associate judge unless the person is at the time 5 of appointment licensed to practice law in Iowa and will be 6 able, measured by the person’s age at the time of appointment, 7 to complete the initial term of office prior to reaching age 8 seventy-two seventy-eight . A nominee to the office of district 9 associate judge must reside in the judicial election district 10 to which the nominee is nominated or in a contiguous county 11 to the judicial election district to which the nominee is 12 nominated. 13 Sec. 10. Section 602.6404, subsection 2, Code 2025, is 14 amended to read as follows: 15 2. A person is not qualified for appointment as a magistrate 16 unless the person files a certified application form, to 17 be provided by the supreme court, with the chairperson of 18 the county magistrate appointing commission. A person is 19 not qualified for appointment as a magistrate if at the 20 time of appointment the person has reached age seventy-two 21 seventy-eight . 22 Sec. 11. Section 602.7103C, subsection 2, Code 2025, is 23 amended to read as follows: 24 2. A person does not qualify for appointment to the office 25 of full-time associate juvenile judge unless the person is 26 at the time of appointment licensed to practice law in Iowa 27 and will be able, measured by the person’s age at the time 28 of appointment, to complete the initial term of office prior 29 to reaching age seventy-two seventy-eight . A nominee to the 30 office of full-time associate juvenile judge must reside in the 31 judicial election district to which the nominee is nominated 32 or in a contiguous county to the judicial election district to 33 which the nominee is nominated. 34 Sec. 12. Section 602.9202, subsection 4, Code 2025, is 35 -4- LSB 1370HV (3) 91 cm/ns 4/ 11

H.F. 956 amended to read as follows: 1 4. “Senior judge retirement age” means seventy-eight 2 eighty-four years of age or, if the senior judge is reappointed 3 as a senior judge for an additional one-year term upon 4 attaining seventy-eight eighty-four years of age, and then to a 5 succeeding one-year term, pursuant to section 602.9203 , eighty 6 eighty-six years of age. 7 Sec. 13. Section 602.9203, subsection 5, paragraph b, Code 8 2025, is amended to read as follows: 9 b. A senior judge may be reappointed to a one-year term 10 upon attaining seventy-eight eighty-four years of age and to 11 a succeeding one-year term, at the discretion of the supreme 12 court, if the judicial officer meets the requirements of 13 subsection 2 . 14 Sec. 14. Section 633.20C, subsection 2, Code 2025, is 15 amended to read as follows: 16 2. A person does not qualify for appointment to the office 17 of full-time associate probate judge unless the person is 18 at the time of appointment licensed to practice law in Iowa 19 and will be able, measured by the person’s age at the time 20 of appointment, to complete the initial term of office prior 21 to reaching age seventy-two seventy-eight . A nominee to the 22 office of full-time associate probate judge must reside in the 23 judicial election district to which the nominee is nominated 24 or in a contiguous county to the judicial election district to 25 which the nominee is nominated. 26 Sec. 15. APPLICABILITY. This division of this Act applies 27 to judicial officers retiring on or after July 1, 2025. 28 DIVISION III 29 MISCELLANEOUS JUDICIAL ADMINISTRATION 30 Sec. 16. Section 602.1612, subsection 4, Code 2025, is 31 amended by striking the subsection. 32 Sec. 17. Section 602.3201, Code 2025, is amended to read as 33 follows: 34 602.3201 Requirement of certification —— use of title. 35 -5- LSB 1370HV (3) 91 cm/ns 5/ 11

H.F. 956 A person shall not engage in the profession of shorthand 1 reporting unless the person is certified pursuant to this 2 chapter , or otherwise exempted pursuant to section 602.6603, 3 subsection 4 3 . Only a person who is certified by the board 4 may assume the title of certified shorthand reporter, or use 5 the abbreviation C.S.R., or any words, letters, or figures to 6 indicate that the person is a certified shorthand reporter. 7 Sec. 18. Section 602.6105, subsection 1, Code 2025, is 8 amended to read as follows: 9 1. Courts shall be held at the places in each county 10 maintaining space for the district court as designated by the 11 chief judge of the judicial district, or held by remote means 12 of communication, except that the determination of actions, 13 special proceedings, and other matters not requiring a jury may 14 be done at some other place in the district with the consent of 15 the parties. For the purposes of this subsection , contiguous 16 counties which have entered into an agreement to share costs 17 pursuant to section 331.381, subsection 16 , paragraph “b” , 18 shall be considered as one unit for the purpose of conducting 19 all matters except as otherwise provided in this subsection . 20 Sec. 19. Section 602.6603, Code 2025, is amended to read as 21 follows: 22 602.6603 Court reporters. 23 1. a. Each district judge shall appoint a The chief judge 24 of a judicial district or the chief judge’s designee shall have 25 the authority to supervise, schedule, and assign duties to all 26 court reporters in the judicial district. 27 b. Notwithstanding paragraph “a” , a judge presiding over a 28 proceeding that must be reported shall have the authority to 29 supervise the work of a court reporter while the court reporter 30 is actively engaged in reporting that proceeding. 31 c. The chief judge of a judicial district may delegate the 32 authority set forth in paragraph “a” to the district court 33 administrator or the district court administrator’s designee. 34 2. The judicial officers of a judicial district shall 35 -6- LSB 1370HV (3) 91 cm/ns 6/ 11

H.F. 956 appoint a court reporter, subject to approval of the chief 1 judge of the judicial district or the chief judge’s designee. 2 A court reporter may be assigned to a district judge or the 3 district associate judge subject to subsection 1. A court 4 reporter who shall, upon the request of a party in a civil or 5 criminal case, report the evidence and proceedings in the case, 6 and perform all duties as provided by law. 7 2. Each district associate judge may appoint a court 8 reporter, subject to the approval of the chief judge of the 9 judicial district. 10 3. If a chief judge of a judicial district determines that 11 it is necessary to employ an additional court reporter because 12 of an extraordinary volume of work, or because of the temporary 13 illness or incapacity of a regular court reporter, the chief 14 judge may appoint a temporary court reporter who shall serve 15 as required by the chief judge. 16 4. 3. If a regularly appointed court reporter becomes 17 disabled, or if a vacancy occurs in a regularly appointed 18 court reporter position, the chief judge or the chief 19 judge’s designee may appoint a competent , uncertified 20 shorthand reporter for a period of time of up to one year, 21 upon verification by the chief judge that a diligent but 22 unsuccessful search has been conducted to appoint a certified 23 shorthand reporter to the position and, in a disability case, 24 that the regularly appointed court reporter is disabled. 25 An uncertified shorthand reporter shall not be reappointed 26 to the position unless the reporter becomes a certified 27 shorthand reporter within the period of appointment under this 28 subsection . 29 5. 4. Except as provided in subsection 4 3 , a person 30 shall not be appointed to the position of court reporter of 31 the district court unless the person has been certified as a 32 shorthand reporter by the board of examiners under article 3 . 33 6. 5. Each court reporter shall take an oath faithfully 34 to perform the duties of office, which shall be filed in the 35 -7- LSB 1370HV (3) 91 cm/ns 7/ 11

H.F. 956 office of the clerk of district court. 1 7. 6. A court reporter may be removed for cause with 2 due process by the judicial officer officers making the 3 appointment , subject to the approval of the chief judge or the 4 chief judge’s designee . 5 8. 7. If a judge dies, resigns, retires, is removed 6 from office, becomes disabled, or fails to be retained in 7 office and the judicial vacancy is eligible to be filled, the 8 court reporter appointed by the judge shall serve as a court 9 reporter, as directed by the chief judge or the chief judge’s 10 designee , until the successor judge appoints a successor court 11 reporter . The court reporter shall receive the reporter’s 12 regular salary and benefits during the period of time until a 13 successor court reporter is appointed or until the currently 14 appointed court reporter is reappointed. 15 Sec. 20. Section 602.8102, subsection 9, Code 2025, is 16 amended to read as follows: 17 9. Enter in the appearance docket a memorandum of the date 18 of filing of all petitions, demurrers, answers, motions, or 19 papers of any other description in the cause. A pleading of 20 any description is considered filed when the clerk entered 21 the date the pleading was received on the pleading and the 22 pleading shall not be taken from the clerk’s office until the 23 memorandum is made . The memorandum shall be made within two 24 business days of a new petition or order being filed, and as 25 soon as practicable for all other pleadings. Thereafter, when 26 a demurrer or motion is sustained or overruled, a pleading is 27 made or amended, or the trial of the cause, rendition of the 28 verdict, entry of judgment, issuance of execution, or any other 29 act is done in the progress of the cause, a similar memorandum 30 shall be made of the action, including the date of action and 31 the number of the book and page of the record where the entry is 32 made. The appearance docket is an index of each suit from its 33 commencement to its conclusion. 34 Sec. 21. Section 602.9206, subsection 1, Code 2025, is 35 -8- LSB 1370HV (3) 91 cm/ns 8/ 11

H.F. 956 amended to read as follows: 1 1. Section 602.1612 does not apply to a senior judge but 2 does apply to a retired senior judge. During the tenure of 3 a senior judge, if the judge is able to serve, the judge 4 may be assigned by the supreme court to temporary judicial 5 duties on courts of this state without salary for an aggregate 6 of thirteen weeks out of each twelve-month period, and for 7 additional weeks with the judge’s consent. A senior judge 8 shall not be assigned to judicial duties on the supreme 9 court unless the judge has been appointed to serve on the 10 supreme court prior to retirement. While serving on temporary 11 assignment, a senior judge has and may exercise all of the 12 authority of the office to which the judge is assigned, shall 13 continue to be paid the judge’s annuity as senior judge, shall 14 be reimbursed for the judge’s actual expenses to the extent 15 expenses of a district judge are reimbursable under section 16 602.1509 , may, if permitted by the assignment order, appoint a 17 temporary court reporter, who shall be paid the remuneration 18 and reimbursement for actual expenses provided by law for a 19 reporter in the court to which the senior judge is assigned, 20 and, if assigned to the court of appeals or the supreme court, 21 shall be given the assistance of a law clerk and a secretary 22 designated by the court administrator of the judicial branch 23 from the court administrator’s staff. Each order of temporary 24 assignment shall be filed with the clerks of court at the 25 places where the senior judge is to serve. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to judicial branch administration, 30 including judicial officer residency, judicial officer 31 retirement age, remote proceedings, court reporter supervision 32 and duties, and civil pleadings availability. 33 DIVISION I —— JUDICIAL OFFICER RESIDENCY. Under current 34 law, a district judge must be a resident of the judicial 35 -9- LSB 1370HV (3) 91 cm/ns 9/ 11

H.F. 956 election district in which appointed during the entire term of 1 office. The bill expands this to include a county contiguous 2 with the judicial election district of appointment. The 3 bill also applies the new residency requirement to district 4 associate judges, magistrates, full-time associate juvenile 5 judges, and full-time associate probate judges. 6 The bill repeals a Code section relating to judge residency 7 requirements for a 1984-1985 transition for judicial election 8 districts 5A and 5C. 9 DIVISION II —— JUDICIAL OFFICER RETIREMENT AGE. The bill 10 increases the mandatory retirement age of judicial officers 11 from 72 to 78 years of age and makes conforming changes to 12 judicial nominating procedures and senior judge retirement age. 13 This division applies to judicial officers retiring on or after 14 July 1, 2025. 15 DIVISION III —— MISCELLANEOUS JUDICIAL ADMINISTRATION. The 16 bill authorizes court proceedings to be held by remote means 17 of communication. 18 The bill amends how court reporters are appointed and 19 supervised. Under current law, a district judge may appoint 20 a court reporter, and a district associate judge may appoint 21 a court reporter subject to approval by the chief judge. A 22 retired justice or judge, or a senior judge, may also appoint a 23 temporary court reporter under current law. Under the bill, 24 the chief judge of the judicial district or the chief judge’s 25 designee has the authority to supervise, schedule, and assign 26 duties of all court reporters in the judicial district. The 27 bill allows a judge presiding over a reported proceeding to 28 have authority to supervise the work of a court reporter while 29 the court reporter is reporting in that matter. The bill 30 provides that the chief judge may delegate the chief judge’s 31 authority to appoint, supervise, and assign duties of court 32 reporters to the district court administrator or the district 33 court administrator’s designee. The bill requires judicial 34 officers of a judicial district to appoint a court reporter, 35 -10- LSB 1370HV (3) 91 cm/ns 10/ 11