House Study Bill 722 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR An Act relating to judicial officers, including magistrate 1 appointments in judicial election districts, senior 2 magistrates, and judicial officer compensation, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5542XD (8) 91 lh/ns

S.F. _____ H.F. _____ DIVISION I 1 MAGISTRATE APPOINTMENTS IN JUDICIAL ELECTION DISTRICTS 2 Section 1. Section 331.321, subsection 1, paragraph v, Code 3 2026, is amended to read as follows: 4 v. Members A member of the county judicial election district 5 magistrate appointing commission in accordance with section 6 602.6503 . 7 Sec. 2. Section 331.502, subsection 30, Code 2026, is 8 amended to read as follows: 9 30. Certify to the clerk of the district court administrator 10 the names, addresses name, address , and expiration date of 11 the terms term of office of persons the person appointed to 12 the county judicial election district magistrate appointing 13 commission as provided in section 602.6503 . 14 Sec. 3. Section 331.653, subsection 4, Code 2026, is amended 15 to read as follows: 16 4. Provide bailiff and other law enforcement service to 17 the district judges, district associate judges, and associate 18 juvenile judges, and judicial magistrates of in the county upon 19 request. 20 Sec. 4. Section 556F.14, Code 2026, is amended to read as 21 follows: 22 556F.14 Costs, charges , and care —— assessment. 23 The owner shall also be required to pay the finder all 24 such costs and charges as may have been paid by the finder 25 for services rendered as aforesaid, including the cost of 26 publication, together with reasonable charges for keeping and 27 taking care of such property, which last mentioned charge, in 28 case the finder and the owner cannot agree, shall be assessed 29 by two disinterested householders of the neighborhood, to be 30 appointed by some magistrate judge of in the proper county, 31 whose decision, when made, shall be binding and conclusive on 32 all parties. 33 Sec. 5. Section 602.1214, Code 2026, is amended by adding 34 the following new subsection: 35 -1- LSB 5542XD (8) 91 lh/ns 1/ 21

S.F. _____ H.F. _____ NEW SUBSECTION . 7. The district court administrator shall 1 maintain a record of the name, address, and term of office 2 of each member of the judicial election district magistrate 3 appointing commission as provided in section 602.6501, 4 and certify to the state court administrator the names and 5 addresses of the magistrates appointed by the commission as 6 provided in section 602.6403. 7 Sec. 6. Section 602.1303, subsection 2, Code 2026, is 8 amended to read as follows: 9 2. A county The counties comprising the judicial election 10 district shall pay the expenses of the members of the county 11 judicial election district magistrate appointing commission 12 based on the county of residence of the member, as provided in 13 section 602.6501 . 14 Sec. 7. Section 602.1501, subsection 6, Code 2026, is 15 amended to read as follows: 16 6. Magistrates shall receive the salary set by the general 17 assembly , subject to section 602.6402 . 18 Sec. 8. Section 602.2301, subsection 3, Code 2026, is 19 amended to read as follows: 20 3. Notwithstanding section 602.6403, subsection 3 , if a 21 magistrate position is vacant due to a death, resignation, 22 retirement, an increase in the number of positions authorized, 23 or to the removal of a magistrate, the chief justice may order 24 any county judicial election district magistrate appointing 25 commission to delay, for budgetary reasons, the appointment of 26 a magistrate to serve the remainder of an unexpired term. 27 Sec. 9. Section 602.6302, Code 2026, is amended to read as 28 follows: 29 602.6302 Appointment of district associate judge in lieu of 30 magistrates. 31 1. The chief judge of the judicial district may designate 32 by order of substitution that a district associate judge be 33 appointed pursuant to this section in lieu of magistrates 34 appointed under section 602.6403 , subject to the following 35 -2- LSB 5542XD (8) 91 lh/ns 2/ 21

S.F. _____ H.F. _____ limitations: 1 a. The county in which the district associate judge 2 is to be appointed, or the counties in which the district 3 associate judge is to be appointed in combination, must have an 4 apportionment of three or more magistrates. 5 b. The substitution must not result in a lack of a resident 6 district associate judge or magistrate in one or more of the 7 counties. 8 c. The substitution must be approved by the supreme court. 9 d. b. A majority of district judges in that judicial 10 election district, or in the case of an appointment involving 11 more than one judicial election district in the same judicial 12 district, a majority of the district judges in each judicial 13 election district, must vote in favor of the substitution 14 and find that the substitution will provide more timely and 15 efficient performance of judicial business within that judicial 16 election district. 17 2. An order of substitution shall not take effect unless a 18 copy of the order is received by the chairperson of the county 19 judicial election district magistrate appointing commission or 20 commissions and the governor no later than May 31 of the year 21 in which the substitution is to take effect. A copy of the 22 order shall also be sent to the state court administrator. 23 3. For a county judicial election district in which a 24 substitution order is in effect, the number of magistrates 25 actually appointed pursuant to section 602.6403 shall be 26 reduced by three for each district associate judge substituted 27 under this section . However, if the substitution order is for 28 a district associate judge appointed to more than one county, 29 the reduction of three magistrates shall be as provided in the 30 order of the chief judge of the judicial district. Upon a 31 subsequent reduction in the apportionment of magistrates to the 32 county or counties, the magistrate appointing commission shall 33 further reduce the number of magistrates appointed. 34 4. a. Except as provided in subsections 1 through 3 , a 35 -3- LSB 5542XD (8) 91 lh/ns 3/ 21

S.F. _____ H.F. _____ substitution shall not increase or decrease the number of 1 magistrates authorized by this article . 2 b. A substitution shall not be made where the apportionment 3 of magistrates to a county is insufficient to permit the 4 full reduction in appointments of magistrates as required by 5 subsection 3 . 6 5. 4. If an apportionment by the state court administrator 7 pursuant to section 602.6401 reduces the number of magistrates 8 in the county or counties to less than the number required 9 to be apportioned to allow a substitution order pursuant to 10 subsection 1 , or if a majority of the district judges in the 11 judicial election district or districts determines that a 12 substitution is no longer desirable, then the substituted 13 office shall be terminated. However, a reversion pursuant 14 to this subsection , irrespective of cause, shall not take 15 effect until the substitute district associate judge fails 16 to be retained in office at a judicial election or otherwise 17 leaves office, whether voluntarily or involuntarily. Upon 18 the termination of office of that district associate judge, 19 appointments shall be made pursuant to section 602.6403 as 20 necessary to reestablish terms of office as provided in section 21 602.6403, subsection 4 . 22 Sec. 10. Section 602.6303, subsection 1, unnumbered 23 paragraph 1, Code 2026, is amended to read as follows: 24 The chief judge of the judicial district may designate 25 by order of substitution that three magistrates be appointed 26 pursuant to this section in lieu of the appointment of a 27 district associate judge under section 602.6304 , subject to the 28 following limitations: 29 Sec. 11. Section 602.6303, subsections 2, 4, and 5, Code 30 2026, are amended to read as follows: 31 2. An order of substitution shall not take effect unless a 32 copy of the order is received by the chairperson of the county 33 judicial election district magistrate appointing commission 34 or commissions and the governor no later than May 31 of the 35 -4- LSB 5542XD (8) 91 lh/ns 4/ 21

S.F. _____ H.F. _____ year in which the substitution is to take effect. The order 1 shall designate the county of appointment for each magistrate. 2 A copy of the order shall also be sent to the state court 3 administrator. 4 4. Except as provided in subsections 1 through 3 and 2 , 5 a substitution shall not increase or decrease the number of 6 district associate judges authorized by this article . 7 5. If a majority of the district judges in a judicial 8 election district determines that a substitution is no longer 9 desirable, then all three the associated substituted magistrate 10 positions shall be terminated. However, a reversion pursuant 11 to this subsection shall not take effect until the terms of 12 the three magistrates expire. Upon the termination of the 13 magistrate positions created under this section , an appointment 14 shall be made to reestablish the term of office for a district 15 associate judge as provided in sections 602.6304 and 602.6305 . 16 Sec. 12. Section 602.6303, subsection 3, Code 2026, is 17 amended by striking the subsection. 18 Sec. 13. Section 602.6401, Code 2026, is amended to read as 19 follows: 20 602.6401 Number and apportionment. 21 1. Two hundred six magistrates shall be apportioned 22 among the counties as provided in this section . Magistrates 23 appointed pursuant to section 602.6303 or 602.6402 shall not 24 be counted for purposes of this section The supreme court 25 shall prescribe a formula for the state court administrator 26 to determine the number of magistrates who will serve in each 27 judicial election district, pursuant to subsection 2. The 28 formula must be based on a model that measures and applies an 29 estimated case-related workload formula of magistrates, and 30 must account for travel time and other judicial duties not 31 related to a specific case . 32 2. By February of each year in which magistrates’ terms 33 expire, the state court administrator shall apportion 34 magistrate offices among the counties in accordance with the 35 -5- LSB 5542XD (8) 91 lh/ns 5/ 21

S.F. _____ H.F. _____ following criteria: 1 a. The existence of either permanent, temporary, or seasonal 2 populations not included in the current census figures. 3 b. The geographical area to be served. 4 c. Any inordinate number of cases over which magistrates 5 have jurisdiction that were pending at the end of the preceding 6 year. 7 d. The number and types of juvenile proceedings handled by 8 district associate judges apply the formula prescribed pursuant 9 to subsection 1 to calculate the number of magistrates and 10 apportion magistrates among the judicial districts . 11 3. Notwithstanding subsection 2 , each county shall be 12 allotted at least one resident magistrate. 13 4. 3. By March 31 of each year in which magistrates’ terms 14 expire, the state court administrator shall give notice to the 15 clerks of the district court , district court administrators, 16 and to the chief judges of the judicial districts of the 17 number of magistrates to which each county judicial election 18 district is entitled. If the state court administrator does 19 not give the notice as required in this subsection by March 20 31 of each year in which magistrates’ terms expire, the 21 existing magistrate apportionment in effect shall remain in 22 effect through the succeeding magistrates’ terms, and any 23 apportionment performed pursuant to subsection 2 is void until 24 such succeeding terms expire. 25 Sec. 14. Section 602.6403, subsections 1, 2, 3, 4, 5, 7, and 26 9, Code 2026, are amended to read as follows: 27 1. By June 1 of each year in which magistrates’ terms 28 expire, the county judicial election district magistrate 29 appointing commission shall appoint, except as otherwise 30 provided in section 602.6302 , the number of magistrates 31 apportioned to the county judicial election district by the 32 state court administrator under section 602.6401 , and the 33 number of magistrates required pursuant to substitution orders 34 in effect under section 602.6303 , and may appoint an additional 35 -6- LSB 5542XD (8) 91 lh/ns 6/ 21

S.F. _____ H.F. _____ magistrate when allowed by section 602.6402 . The commission 1 shall not appoint more magistrates than are authorized for the 2 county by this article . 3 2. The magistrate appointing commission for each county 4 supreme court shall prescribe the contents of an application , 5 in addition to any application form provided by the supreme 6 court, for an appointment pursuant to this section . The 7 commission shall publicize notice of any vacancy to be filled 8 in at least two publications in all official county newspapers 9 in the county. The commission shall accept applications for 10 a minimum of fifteen days prior to making an appointment, and 11 shall make available during that period of time any printed 12 application forms the commission prescribes provides based on 13 the supreme court’s prescribed application contents . 14 3. Within thirty days following receipt of notification 15 of a vacancy in the office of magistrate, the commission 16 shall appoint a person to the office to serve the remainder 17 of the unexpired term. For purposes of this section , vacancy 18 “vacancy” means a death, resignation, retirement, or removal 19 of a magistrate, or an increase in the number of positions 20 authorized. 21 4. The term of office of a magistrate is four years, 22 commencing August 1, 1989 2027 . However, the terms of all 23 magistrates in a county judicial election district are deemed 24 to expire if a substitution under section 602.6302 or the 25 allocation under section 602.6401 results in a reduction in the 26 number of magistrates in a county judicial election district 27 where the magistrates hold office. 28 5. The commission shall promptly certify the names and 29 addresses of appointees to the clerk of the district court 30 administrator and to the chief judge of the judicial district. 31 The clerk of the district court administrator shall certify to 32 the state court administrator the names and addresses of these 33 appointees. 34 7. Before the commencement of the term of a magistrate, 35 -7- LSB 5542XD (8) 91 lh/ns 7/ 21

S.F. _____ H.F. _____ the members of the judicial election district magistrate 1 appointing commission may reconsider the appointment. Written 2 notification of the reasons for reconsideration and time and 3 place for the meeting must be sent to the magistrate appointee 4 and the clerk of the district court administrator . The 5 commission may reconvene and decertify the magistrate appointee 6 for good cause. Notice of the decertification and a statement 7 of the reasons justifying the decertification shall be promptly 8 sent to the clerk of the district court administrator , the 9 chief judge of the judicial district, and the state court 10 administrator. 11 9. A magistrate who seeks to resign from the office of 12 magistrate shall notify in writing the chief judge of the 13 judicial district as to the magistrate’s intention to resign 14 and the effective date of the resignation. The chief judge of 15 the judicial district, upon receipt of the notice, shall notify 16 the county judicial election district magistrate appointing 17 commission and the state court administrator of the vacancy in 18 the office of magistrate due to resignation. 19 Sec. 15. Section 602.6403, Code 2026, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 10. a. Notwithstanding section 602.6401, 22 subsection 3, if a vacancy occurs as described in subsection 3 23 of this section, that cannot be filled, the chief judge of the 24 judicial district may assign one or more magistrates serving 25 in the judicial district to serve the remainder of the term 26 in the county with the vacancy. A magistrate shall serve the 27 county with the vacancy to which the magistrate is assigned in 28 addition to the county to which the magistrate is appointed if 29 the combined weighted workload does not exceed thirty-three 30 percent of one full-time position. 31 b. This subsection is repealed August 1, 2027. 32 Sec. 16. Section 602.6404, subsection 2, Code 2026, is 33 amended to read as follows: 34 2. A person is not qualified for appointment as a magistrate 35 -8- LSB 5542XD (8) 91 lh/ns 8/ 21

S.F. _____ H.F. _____ unless the person files a certified application form, to 1 be provided by the supreme court, with the chairperson of 2 the county judicial election district magistrate appointing 3 commission. A person is not qualified for appointment as a 4 magistrate if at the time of appointment the person has reached 5 age seventy-eight. 6 Sec. 17. Section 602.6501, Code 2026, is amended to read as 7 follows: 8 602.6501 Composition of county judicial election district 9 magistrate appointing commissions. 10 1. A magistrate appointing commission is established in 11 each county judicial election district . The commission shall 12 be composed of the following members: 13 a. A district judge designated by the chief judge of the 14 judicial district to serve until a successor is designated. 15 b. Three members appointed by the board of supervisors, or 16 the lesser number provided in section 602.6503, subsection 1 17 One person from each county in the judicial election district, 18 appointed by the board of supervisors of the county . 19 c. Two A number of attorneys elected by the attorneys 20 in the county, or the lesser number provided in section 21 602.6504, subsection 1 judicial election district and the 22 counties contiguous with the judicial election district equal 23 to one fewer than the number of persons appointed pursuant to 24 paragraph “b” . If there are an insufficient number of attorneys 25 to serve on the commission, the number of persons appointed 26 pursuant to paragraph “b” shall not be increased or decreased . 27 2. The clerk of the district court administrator or the 28 administrator’s designee shall maintain a permanent record of 29 the name, address, and term of office of each commissioner. 30 3. A member of a magistrate appointing commission shall 31 be reimbursed for actual and necessary expenses reasonably 32 incurred in the performance of official duties. Reimbursements 33 are payable by the county in which the member serves resides , 34 upon certification of the expenses to the county auditor by 35 -9- LSB 5542XD (8) 91 lh/ns 9/ 21

S.F. _____ H.F. _____ the clerk of the district court. The district judges of each 1 judicial district may prescribe rules for the administration 2 of this subsection . 3 Sec. 18. Section 602.6502, Code 2026, is amended to read as 4 follows: 5 602.6502 Prohibitions to appointment. 6 A member of a county judicial election district magistrate 7 appointing commission shall not be appointed to the office of 8 magistrate. A member of the commission shall not be eligible 9 to vote for the appointment or nomination of a family member, 10 current law partner, or current business partner. For purposes 11 of this section , “family member” means a spouse, son, daughter, 12 brother, sister, uncle, aunt, first cousin, nephew, niece, 13 father-in-law, mother-in-law, son-in-law, daughter-in-law, 14 brother-in-law, sister-in-law, father, mother, stepfather, 15 stepmother, stepson, stepdaughter, stepbrother, stepsister, 16 half brother, or half sister. 17 Sec. 19. Section 602.6503, subsections 1 and 3, Code 2026, 18 are amended to read as follows: 19 1. The board of supervisors of each county in the judicial 20 election district shall appoint three electors one person from 21 the county to the magistrate appointing commission for the 22 county judicial election district for six-year terms beginning 23 January 1, 1979 2027 , and each sixth year thereafter. However, 24 if there is only one attorney elected pursuant to section 25 602.6504 , the county board of supervisors shall only appoint 26 two commissioners, and if no attorney is elected, the board of 27 supervisors shall only appoint one commissioner. 28 3. The county auditor shall certify to the clerk of the 29 district court administrator the name, address, and expiration 30 date of term for all appointees of the person appointed to the 31 commission by the board of supervisors. 32 Sec. 20. Section 602.6504, subsections 1, 3, 4, and 5, Code 33 2026, are amended to read as follows: 34 1. The resident attorneys of each county judicial election 35 -10- LSB 5542XD (8) 91 lh/ns 10/ 21

S.F. _____ H.F. _____ district and the counties contiguous with the judicial election 1 district shall elect two resident attorneys of the county a 2 number of attorneys equal to one fewer than the number of 3 persons appointed pursuant to section 602.6501, subsection 1, 4 paragraph “b” , to the magistrate appointing commission for 5 six-year terms beginning on January 1, 1979 2027 , and each 6 sixth year thereafter. An election shall be held in December 7 preceding the commencement of new terms. The attorneys in a 8 county may elect only one commissioner if If there is only one 9 are an insufficient number of attorneys who is are qualified 10 and willing to serve and if there are no resident attorneys 11 in a county or none is willing to serve as a commissioner, 12 none shall be elected , the attorneys of each judicial election 13 district and the counties contiguous with the judicial election 14 district may elect a number of attorneys that is less than the 15 maximum number authorized in this subsection . 16 3. An attorney is eligible to vote in elections of 17 magistrate appointing commissioners within a county judicial 18 election district or the counties contiguous with the judicial 19 election district if eligible to vote under sections 46.7 20 and 46.8 , and if a resident of the county judicial election 21 district or a county contiguous with the judicial election 22 district . 23 4. In order to be placed on the ballot for county a judicial 24 election district magistrate appointing commission, an eligible 25 attorney elector shall file a nomination petition in the office 26 of the a clerk of court in the district on or before November 27 30 of the year in which the election for attorney positions is 28 to occur. This subsection does not preclude write-in votes at 29 the time of the election. 30 5. When an election of magistrate appointing commissioners 31 is to be held, the clerk of the district court for each county 32 in the judicial election district and a county contiguous with 33 the judicial election district shall cause to be mailed to 34 each eligible attorney a ballot that is in substantially the 35 -11- LSB 5542XD (8) 91 lh/ns 11/ 21

S.F. _____ H.F. _____ following form: 1 BALLOT 2 County Judicial Election District Magistrate Appointing 3 Commission 4 To be cast by the resident members of the bar of judicial 5 election district ...... county or a county contiguous with 6 the judicial election district . 7 Vote for (state number) for ...... county judicial election 8 district magistrate appointing commissioner(s) for term 9 commencing ...... 10 ......... 11 ......... 12 To be counted, this ballot must be completed and mailed or 13 delivered to a clerk of the district court in the judicial 14 election district , ........ , or a county contiguous with the 15 judicial election district, no later than December 31, ... 16 (year) (or the appropriate date in case of an election to fill 17 a vacancy). 18 Sec. 21. Section 602.8102, subsections 88 and 89, Code 2026, 19 are amended by striking the subsections. 20 Sec. 22. Section 602.8102, subsection 90, Code 2026, is 21 amended to read as follows: 22 90. Furnish an individual or centralized docket for the 23 magistrates of the judicial election district serving in the 24 county as provided in section 602.6604 . 25 Sec. 23. Section 806.2, Code 2026, is amended to read as 26 follows: 27 806.2 Procedure following arrest. 28 If an arrest is made in this state by an officer of another 29 state in accordance with the provisions of section 806.1 , 30 the officer shall without unnecessary delay take the person 31 arrested before a magistrate of in the county in which the 32 arrest was made, who shall conduct a hearing for the purpose of 33 determining the lawfulness of the arrest. If the magistrate 34 determines that the arrest was lawful , the magistrate shall 35 -12- LSB 5542XD (8) 91 lh/ns 12/ 21

S.F. _____ H.F. _____ commit the person arrested to await for a reasonable time 1 the issuance of an extradition warrant by the governor of 2 this state or admit the person to bail for such purpose. If 3 the magistrate determines that the arrest was unlawful , the 4 magistrate shall discharge the person arrested. 5 Sec. 24. REPEAL. Section 602.6402, Code 2026, is repealed. 6 Sec. 25. EFFECTIVE DATE. 7 1. Except as provided in subsection 2, this division of this 8 Act takes effect November 1, 2026. 9 2. The section of this Act enacting section 602.6403, 10 subsection 10, being deemed of immediate importance, takes 11 effect upon enactment. 12 DIVISION II 13 SENIOR MAGISTRATES 14 Sec. 26. Section 602.1101, Code 2026, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 10A. “Senior magistrate” means a person who 17 qualifies as a senior magistrate under section 602.9302. 18 Sec. 27. Section 602.1610, subsection 1, Code 2026, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . c. Notwithstanding paragraph “b” , a judicial 21 magistrate who attains the age of seventy-eight years and has 22 less than fifty percent of the magistrate’s current term of 23 appointment left to serve shall have the right to elect to 24 serve the remainder of the magistrate’s current term but shall 25 not be eligible for reappointment. 26 Sec. 28. NEW SECTION . 602.9301 Definitions. 27 As used in this part, unless the context otherwise requires: 28 1. “Retired magistrate” means a magistrate that has retired 29 as a magistrate after serving not less than eight years and has 30 attained the age of sixty-two, or a magistrate who has served 31 at least twenty years prior to the effective date of this 32 division of this Act. “Retired magistrate” does not include 33 magistrates who are seeking reappointment. 34 2. “Roster of senior magistrates” means a roster maintained 35 -13- LSB 5542XD (8) 91 lh/ns 13/ 21

S.F. _____ H.F. _____ by the clerk of the supreme court under section 602.9302, 1 subsection 5. 2 3. “Senior magistrate” means a magistrate who meets the 3 requirements of section 602.9302 and who has not been retired 4 or removed from the roster of senior magistrates under section 5 602.9305 or 602.9306. 6 4. “Senior magistrate retirement age” means eighty-four 7 years of age, or if the senior magistrate is reappointed as 8 a senior magistrate for an additional one-year term upon 9 attaining eighty-four years of age, and then to a succeeding 10 one-year term, pursuant to section 602.9302, eighty-six years 11 of age. 12 5. “Twelve-month period” means each successive one-year 13 period commencing on the date a retired magistrate becomes a 14 senior magistrate and while the magistrate continues to be a 15 senior magistrate. 16 Sec. 29. NEW SECTION . 602.9302 Senior magistrate 17 requirements —— appointment and term. 18 1. A magistrate who qualifies under subsection 2 may become 19 a senior magistrate by filing with the clerk of the supreme 20 court a written election in the form specified by the supreme 21 court. The election shall be filed within six months of the 22 date of retirement. 23 2. A magistrate referred to in subsection 1 may be 24 appointed, at the discretion of the supreme court, for a 25 two-year term as senior magistrate if the magistrate meets all 26 of the following requirements: 27 a. Retires from office on or after the effective date of 28 this division of this Act, regardless of whether the magistrate 29 is of mandatory retirement age. 30 b. Agrees in writing on a form prescribed by the supreme 31 court to be available as long as the magistrate is a senior 32 magistrate to perform judicial duties as assigned by the 33 supreme court or chief judge of the senior magistrate’s 34 judicial district for service not to exceed an aggregate period 35 -14- LSB 5542XD (8) 91 lh/ns 14/ 21

S.F. _____ H.F. _____ of five weeks out of each successive twelve-month period. 1 c. Submits evidence to the satisfaction of the supreme court 2 that, as of the date of retirement, the magistrate does not 3 suffer from a permanent physical or mental disability which 4 would substantially interfere with the performance of duties 5 agreed to under paragraph “b” . 6 3. Prior to submitting an application to become a senior 7 magistrate, the magistrate, the chief judge of the judicial 8 district, the district court administrator, and the state court 9 administrator may meet and discuss the magistrate’s potential 10 assignment together with the scope and parameters of the senior 11 magistrate’s service. If the magistrate decides to apply for 12 senior magistrate, the magistrate can request the supreme court 13 to give a preliminary determination as to whether the supreme 14 court will approve the magistrate’s application. 15 4. The supreme court, in ruling on an application for senior 16 magistrate, including reappointment of an applicant to an 17 additional term, may consider any of the following factors: 18 a. A demonstration of the applicant’s willingness and 19 ability to undertake and complete all assigned work during the 20 applicant’s service as a senior magistrate. 21 b. A recommendation of the chief judge and court 22 administrator made in consultation with other judges from 23 the judicial election district where the applicant served as 24 magistrate. 25 c. The Iowa state bar association’s most recent judicial 26 performance review for the applicant. 27 d. The applicant’s monthly reports submitted pursuant to 28 Iowa court rule 22.10. 29 e. The applicant’s agreement to perform duties as scheduled 30 and assigned by the chief judge of the judicial district or by 31 the state court administrator. 32 f. The applicant’s plans, if any, to regularly spend time 33 or reside out of state. 34 g. The applicant’s work or plans to work as an attorney, 35 -15- LSB 5542XD (8) 91 lh/ns 15/ 21

S.F. _____ H.F. _____ or as a mediator, arbitrator, or provider of other alternative 1 dispute resolution services. 2 5. The clerk of the supreme court shall maintain a book 3 entitled “Roster of Senior Magistrates”, and shall enter 4 in the book the name of each magistrate who files a timely 5 election under subsection 1, qualifies under subsection 2, 6 and is appointed by the supreme court. A person shall be a 7 senior magistrate upon entry of the person’s name in the roster 8 of senior magistrates and until the person becomes a retired 9 senior magistrate as provided in section 602.9305, or until the 10 person’s name is stricken from the roster of senior magistrates 11 as provided in section 602.9306, or until the person dies. 12 6. a. A senior magistrate may be reappointed to additional 13 two-year terms, at the discretion of the supreme court, if the 14 judicial officer meets the requirements of subsection 2. 15 b. A senior magistrate may be reappointed to a one-year term 16 upon attaining eighty-four years of age and to a succeeding 17 one-year term, at the discretion of the supreme court, if the 18 judicial officer meets the requirements of subsection 2. 19 Sec. 30. NEW SECTION . 602.9303 Senior magistrate salaries. 20 1. A magistrate who retires on or after the effective date 21 of this division of this Act, and who is appointed a senior 22 magistrate under section 602.9302, shall be paid a salary as 23 determined by the general assembly. 24 2. The senior magistrate shall be reimbursed for costs for 25 which actively serving magistrates are reimbursed at the same 26 rate. 27 3. The state shall provide and pay for medical insurance 28 for senior magistrates at the same rate as is applicable to 29 actively serving magistrates. A senior magistrate who elects 30 to participate in medical insurance through the judicial branch 31 shall make appropriate arrangements for the payment of the 32 senior magistrate’s share of medical insurance costs. 33 Sec. 31. NEW SECTION . 602.9304 Practice of law. 34 A senior magistrate may practice law as provided under the 35 -16- LSB 5542XD (8) 91 lh/ns 16/ 21

S.F. _____ H.F. _____ Iowa code of judicial conduct. 1 Sec. 32. NEW SECTION . 602.9305 Retirement of senior 2 magistrate. 3 A senior magistrate shall cease to be a senior magistrate 4 upon completion of the twelve-month period during which the 5 magistrate attains senior magistrate retirement age. The clerk 6 of the supreme court shall make a notation of the retirement 7 of a senior magistrate in the roster of senior magistrates, at 8 which time the senior magistrate shall become a retired senior 9 magistrate. 10 Sec. 33. NEW SECTION . 602.9306 Relinquishment of status as 11 senior magistrate —— removal for cause. 12 1. A senior magistrate, at any time prior to the end of 13 the twelve-month period during which the magistrate attains 14 senior magistrate retirement age, may submit to the clerk of 15 the supreme court a written request that the magistrate’s name 16 be stricken from the roster of senior magistrates. Upon the 17 receipt of the request, the clerk shall strike the name of the 18 person from the roster of senior magistrates, at which time the 19 person shall cease to be a senior magistrate. 20 2. A senior magistrate is subject to removal under article 21 2, part 1, for the causes specified in section 602.2106, 22 subsection 3, paragraph “a” . When a person is removed as a 23 senior magistrate as provided in this subsection, the clerk of 24 the supreme court shall strike the name of the person from the 25 roster of senior magistrates, at which time the person shall 26 cease to be a senior magistrate. 27 Sec. 34. NEW SECTION . 602.9307 Rules. 28 The supreme court shall prescribe rules to implement this 29 part. 30 Sec. 35. 2025 Iowa Acts, chapter 158, section 6, subsection 31 2, is amended by adding the following new paragraph: 32 NEW PARAGRAPH . l. Each senior magistrate: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,234 34 DIVISION III 35 -17- LSB 5542XD (8) 91 lh/ns 17/ 21

S.F. _____ H.F. _____ JUDICIAL OFFICER SALARIES 1 Sec. 36. SALARIES —— STATE COURT JUSTICES, JUDGES, AND 2 MAGISTRATES. 3 1. The salary rates for judicial officers, other than 4 judicial magistrates, in effect on July 1, 2026, as specified 5 in 2025 Iowa Acts, chapter 158, section 6, or a subsequent Act 6 of the general assembly specifying salary rates for judicial 7 officers for the fiscal year beginning July 1, 2026, shall 8 be increased by five percent effective with the pay period 9 beginning June 18, 2027. 10 2. Effective with the pay period beginning June 18, 2027, 11 the salary rate for judicial magistrates shall be forty percent 12 of the salary rate of a district associate judge as adjusted 13 pursuant to subsection 1. 14 3. Salary rate increases required by this section shall be 15 paid from moneys appropriated to the judicial branch. 16 Sec. 37. EFFECTIVE DATE. This division of this Act takes 17 effect June 18, 2027. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to judicial officers, including 22 magistrate appointments in judicial election districts, senior 23 magistrates, and judicial officer compensation. 24 MAGISTRATES APPOINTED IN JUDICIAL ELECTION DISTRICTS. The 25 bill provides for the appointment and service of magistrates 26 in judicial election districts rather than individual counties 27 and makes conforming changes. 28 The bill changes county judicial magistrate appointing 29 commissions to judicial election district magistrate appointing 30 commissions, provides for appointment to such commissions, 31 and provides for commission appointee certification to 32 and maintenance of appointee records by district court 33 administrators rather than clerks of district court. The bill 34 alters the composition of a commission to include a district 35 -18- LSB 5542XD (8) 91 lh/ns 18/ 21