HSB 260 (LSB 1372XD (9) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to magistrate judges, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.6302, subsection 1, paragraph b, Code 2025, is amended to read as follows:
   b.  The substitution must not result in a lack of a resident at least one district associate judge or magistrate in one or more of the counties appointed to serve each county.  A district associate judge appointed in lieu of a magistrate may be appointed to serve more than one county.
    Sec. 2.  Section 602.6401, subsections 1, 2, and 3, Code 2025, are amended to read as follows:
   1.  Two hundred six magistrates shall be apportioned among the counties as provided in this section. Magistrates appointed pursuant to section 602.6303 or 602.6402 shall not be counted for purposes of this section The supreme court shall prescribe a formula for the state court administrator to determine the number of magistrates who will serve in each judicial election district, pursuant to subsection 2. The formula must be based on a model that measures and applies an estimated case-related workload formula of magistrates, and must account for administrative duties, travel time, on-call time, and other judicial duties not related to a specific case.
   2.  By February of each year in which magistrates’ terms expire, the state court administrator shall apportion magistrate offices among the counties in accordance with the following criteria:
   a.  The existence of either permanent, temporary, or seasonal populations not included in the current census figures.
   b.  The geographical area to be served.
   c.  Any inordinate number of cases over which magistrates have jurisdiction that were pending at the end of the preceding year.
   d.  The number and types of juvenile proceedings handled by district associate judges apply the formula prescribed pursuant to subsection 1 to calculate the number of magistrates and apportion magistrates among the judicial districts.
   3.  Notwithstanding subsection 2, each county shall be allotted at least one resident magistrate shall be appointed to serve each county. A magistrate may be appointed to serve more than one county.
    Sec. 3.  Section 602.6403, subsections 1, 2, 3, 5, 7, and 9, Code 2025, are amended to read as follows:
   1.  By June 1 of each year in which magistrates’ terms expire, the county magistrate appointing commission or commissions shall appoint, except as otherwise provided in section 602.6302, the number of magistrates apportioned to the county by the state court administrator under section 602.6401, shall appoint the number of magistrates required pursuant to substitution orders in effect under section 602.6303, and may appoint an additional magistrate when allowed by section 602.6402. The commission shall not appoint more magistrates than are authorized for the county by this article In the case of a magistrate to be appointed in more than one county, the appointment shall be from persons nominated by the county magistrate appointing commission of each county acting jointly.
   2.  The magistrate appointing commission for each county supreme court shall prescribe the contents of an application, in addition to any application form provided by the supreme court, for an appointment pursuant to this section. The commission or commissions shall publicize notice of any vacancy to be filled in at least two publications in all official county newspapers in the county or counties of appointment. The commission or commissions shall accept applications for a minimum of fifteen days prior to making an appointment, and shall make available during that period of time any printed application forms the commission prescribes.
   3.  Within thirty days following receipt of notification of a vacancy in the office of magistrate, the commission or commissions shall appoint a person to the office to serve the remainder of the unexpired term. For purposes of this section, vacancy “vacancy” means a death, resignation, retirement, or removal of a magistrate, or an increase in the number of positions authorized.
   5.  The commission or commissions shall promptly certify the names and addresses of appointees to the clerk of the district court and to the chief judge of the judicial district. The clerk of the district court shall certify to the state court administrator the names and addresses of these appointees.
   7.  Before the commencement of the term of a magistrate, the members of the magistrate appointing commission or commissions may reconsider the appointment. Written notification of the reasons for reconsideration and time and place for the meeting must be sent to the magistrate appointee and the clerk of the district court. The commission or commissions may reconvene and decertify the magistrate appointee for good cause. Notice of the decertification and a statement of the reasons justifying the decertification shall be promptly sent to the clerk of the district court, the chief judge of the judicial district, and the state court administrator.
   9.  A magistrate who seeks to resign from the office of magistrate shall notify in writing the chief judge of the judicial district as to the magistrate’s intention to resign and the effective date of the resignation. The chief judge of the judicial district, upon receipt of the notice, shall notify the county magistrate appointing commission or commissions and the state court administrator of the vacancy in the office of magistrate due to resignation.
    Sec. 4.  Section 602.6403, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  10.  a.  Notwithstanding section 602.6401, subsection 3, if a vacancy occurs as described in subsection 3 of this section, that cannot be filled, the chief judge of the judicial district shall assign a magistrate from one county within the judicial election district to serve the remainder of the unexpired term in the county in which the vacancy exists, in addition to the county to which the magistrate is appointed, if the combined weighted workload of the two counties does not exceed thirty-one percent of a full-time position, on a continuing basis if need be, in order to handle the judicial business in all counties promptly and efficiently at all times.
   b.  This subsection is repealed January 1, 2029.
   NEW SUBSECTION.  11.  a.  Notwithstanding section 602.6401, subsection 3, the magistrate assigned pursuant to subsection 10 shall be a resident of the judicial election district or a resident of a county contiguous to the judicial election district during the magistrate’s term of office, in accordance with section 602.6404, subsection 1.
   b.  This subsection is repealed January 1, 2029.
    Sec. 5.  Section 602.6404, subsection 1, Code 2025, is amended to read as follows:
   1.  A magistrate shall be a resident of the county of appointment judicial election district or a resident of a county contiguous to the county of appointment judicial election district during the magistrate’s term of office. A magistrate shall serve within the judicial district in which appointed, as directed by the chief judge, provided that the chief judge may assign a magistrate to hold court outside of the county or counties of appointment for the orderly administration of justice. A magistrate is subject to reassignment under section 602.6108.
    Sec. 6.  EFFECTIVE DATE.  The following take effect January 1, 2029:
   1.  The section of this Act amending section 602.6401.
   2.  The section of this Act amending section 602.6403, subsections 1, 2, 3, 5, 7, and 9.
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 judges.
   Under current law, a substitution of a district associate judge for a magistrate must not result in lack of a resident district associate judge or magistrate in one or more of the counties. Under the bill, the substitution must not result in a lack of at least one district associate judge or magistrate appointed to serve each county. A district associate judge is allowed to be appointed to serve in more than one county.
   In addition, the bill allows a magistrate to be appointed to serve in more than one county. If a magistrate is appointed in more than one county, the appointment shall be made jointly from persons nominated by the county magistrate appointing commission of each county, with each commission following the procedures set forth under current law. The bill strikes a prohibition on appointing more magistrates than are authorized for a county. The bill requires the supreme court to prescribe a new formula for apportioning magistrates based on an estimated case-related workload and to create the application to become a magistrate. Under current law, the magistrate appointing commission for each county creates the application in addition to any form provided by the supreme court. These magistrate provisions take effect January 1, 2029.
   Until January 1, 2029, if a magistrate vacancy occurs, the bill allows the chief judge of a judicial district to assign a magistrate to a county in the same judicial election district to the vacant magistrate position if the position cannot be filled by normal appointment and if the combined weighted workload of the two counties does not exceed 31 percent of a full-time position.
   Under current law, a magistrate is required to be a resident of the county of appointment or a resident in a county contiguous to the county of appointment. Under the bill, a magistrate is instead required to be a resident of the judicial election district or a county contiguous to the judicial election district.