HSB 722 (LSB 5542XD (8) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

An Act relating to judicial officers, including magistrate appointments in judicial election districts, senior magistrates, and judicial officer compensation, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
MAGISTRATE APPOINTMENTS IN JUDICIAL ELECTION DISTRICTS

    Section 1.  Section 331.321, subsection 1, paragraph v, Code 2026, is amended to read as follows:
   v.  Members A member of the county judicial election district magistrate appointing commission in accordance with section 602.6503.
    Sec. 2.  Section 331.502, subsection 30, Code 2026, is amended to read as follows:
   30.  Certify to the clerk of the district court administrator the names, addresses name, address, and expiration date of the terms term of office of persons the person appointed to the county judicial election district magistrate appointing commission as provided in section 602.6503.
    Sec. 3.  Section 331.653, subsection 4, Code 2026, is amended to read as follows:
   4.  Provide bailiff and other law enforcement service to the district judges, district associate judges, and associate juvenile judges, and judicial magistrates of in the county upon request.
    Sec. 4.  Section 556F.14, Code 2026, is amended to read as follows:
   556F.14  Costs, charges, and care —— assessment.
   The owner shall also be required to pay the finder all such costs and charges as may have been paid by the finder for services rendered as aforesaid, including the cost of publication, together with reasonable charges for keeping and taking care of such property, which last mentioned charge, in case the finder and the owner cannot agree, shall be assessed by two disinterested householders of the neighborhood, to be appointed by some magistrate judge of in the proper county, whose decision, when made, shall be binding and conclusive on all parties.
    Sec. 5.  Section 602.1214, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  The district court administrator shall maintain a record of the name, address, and term of office of each member of the judicial election district magistrate appointing commission as provided in section 602.6501, and certify to the state court administrator the names and addresses of the magistrates appointed by the commission as provided in section 602.6403.
    Sec. 6.  Section 602.1303, subsection 2, Code 2026, is amended to read as follows:
   2.  A county The counties comprising the judicial election district shall pay the expenses of the members of the county judicial election district magistrate appointing commission based on the county of residence of the member, as provided in section 602.6501.
    Sec. 7.  Section 602.1501, subsection 6, Code 2026, is amended to read as follows:
   6.  Magistrates shall receive the salary set by the general assembly, subject to section 602.6402.
    Sec. 8.  Section 602.2301, subsection 3, Code 2026, is amended to read as follows:
   3.  Notwithstanding section 602.6403, subsection 3, if a magistrate position is vacant due to a death, resignation, retirement, an increase in the number of positions authorized, or to the removal of a magistrate, the chief justice may order any county judicial election district magistrate appointing commission to delay, for budgetary reasons, the appointment of a magistrate to serve the remainder of an unexpired term.
    Sec. 9.  Section 602.6302, Code 2026, is amended to read as follows:
   602.6302  Appointment of district associate judge in lieu of magistrates.
   1.  The chief judge of the judicial district may designate by order of substitution that a district associate judge be appointed pursuant to this section in lieu of magistrates appointed under section 602.6403, subject to the following limitations:
   a.  The county in which the district associate judge is to be appointed, or the counties in which the district associate judge is to be appointed in combination, must have an apportionment of three or more magistrates.
   b.  The substitution must not result in a lack of a resident district associate judge or magistrate in one or more of the counties.
   c.  The substitution must be approved by the supreme court.
   d.  b.  A majority of district judges in that judicial election district, or in the case of an appointment involving more than one judicial election district in the same judicial district, a majority of the district judges in each judicial election district, must vote in favor of the substitution and find that the substitution will provide more timely and efficient performance of judicial business within that judicial election district.
   2.  An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county judicial election district magistrate appointing commission or commissions and the governor no later than May 31 of the year in which the substitution is to take effect. A copy of the order shall also be sent to the state court administrator.
   3.  For a county judicial election district in which a substitution order is in effect, the number of magistrates actually appointed pursuant to section 602.6403 shall be reduced by three for each district associate judge substituted under this section. However, if the substitution order is for a district associate judge appointed to more than one county, the reduction of three magistrates shall be as provided in the order of the chief judge of the judicial district. Upon a subsequent reduction in the apportionment of magistrates to the county or counties, the magistrate appointing commission shall further reduce the number of magistrates appointed.
   4.  a.  Except as provided in subsections 1 through 3, a substitution shall not increase or decrease the number of magistrates authorized by this article.
   b.  A substitution shall not be made where the apportionment of magistrates to a county is insufficient to permit the full reduction in appointments of magistrates as required by subsection 3.
   5.  4.  If an apportionment by the state court administrator pursuant to section 602.6401 reduces the number of magistrates in the county or counties to less than the number required to be apportioned to allow a substitution order pursuant to subsection 1, or if a majority of the district judges in the judicial election district or districts determines that a substitution is no longer desirable, then the substituted office shall be terminated. However, a reversion pursuant to this subsection, irrespective of cause, shall not take effect until the substitute district associate judge fails to be retained in office at a judicial election or otherwise leaves office, whether voluntarily or involuntarily. Upon the termination of office of that district associate judge, appointments shall be made pursuant to section 602.6403 as necessary to reestablish terms of office as provided in section 602.6403, subsection 4.
    Sec. 10.  Section 602.6303, subsection 1, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   The chief judge of the judicial district may designate by order of substitution that three magistrates be appointed pursuant to this section in lieu of the appointment of a district associate judge under section 602.6304, subject to the following limitations:
    Sec. 11.  Section 602.6303, subsections 2, 4, and 5, Code 2026, are amended to read as follows:
   2.  An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county judicial election district magistrate appointing commission or commissions and the governor no later than May 31 of the year in which the substitution is to take effect. The order shall designate the county of appointment for each magistrate. A copy of the order shall also be sent to the state court administrator.
   4.  Except as provided in subsections 1 through 3 and 2, a substitution shall not increase or decrease the number of district associate judges authorized by this article.
   5.  If a majority of the district judges in a judicial election district determines that a substitution is no longer desirable, then all three the associated substituted magistrate positions shall be terminated. However, a reversion pursuant to this subsection shall not take effect until the terms of the three magistrates expire. Upon the termination of the magistrate positions created under this section, an appointment shall be made to reestablish the term of office for a district associate judge as provided in sections 602.6304 and 602.6305.
    Sec. 12.  Section 602.6303, subsection 3, Code 2026, is amended by striking the subsection.
    Sec. 13.  Section 602.6401, Code 2026, is amended to read as follows:
   602.6401  Number and apportionment.
   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 travel 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.
   4.  3.  By March 31 of each year in which magistrates’ terms expire, the state court administrator shall give notice to the clerks of the district court, district court administrators, and to the chief judges of the judicial districts of the number of magistrates to which each county judicial election district is entitled. If the state court administrator does not give the notice as required in this subsection by March 31 of each year in which magistrates’ terms expire, the existing magistrate apportionment in effect shall remain in effect through the succeeding magistrates’ terms, and any apportionment performed pursuant to subsection 2 is void until such succeeding terms expire.
    Sec. 14.  Section 602.6403, subsections 1, 2, 3, 4, 5, 7, and 9, Code 2026, are amended to read as follows:
   1.  By June 1 of each year in which magistrates’ terms expire, the county judicial election district magistrate appointing commission shall appoint, except as otherwise provided in section 602.6302, the number of magistrates apportioned to the county judicial election district by the state court administrator under section 602.6401, and 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.
   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 shall publicize notice of any vacancy to be filled in at least two publications in all official county newspapers in the county. The commission 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 provides based on the supreme court’s prescribed application contents.
   3.  Within thirty days following receipt of notification of a vacancy in the office of magistrate, the commission 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.
   4.  The term of office of a magistrate is four years, commencing August 1, 1989 2027. However, the terms of all magistrates in a county judicial election district are deemed to expire if a substitution under section 602.6302 or the allocation under section 602.6401 results in a reduction in the number of magistrates in a county judicial election district where the magistrates hold office.
   5.  The commission shall promptly certify the names and addresses of appointees to the clerk of the district court administrator and to the chief judge of the judicial district. The clerk of the district court administrator 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 judicial election district magistrate appointing commission 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 administrator. The commission 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 administrator, 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 judicial election district magistrate appointing commission and the state court administrator of the vacancy in the office of magistrate due to resignation.
    Sec. 15.  Section 602.6403, Code 2026, is amended by adding the following new subsection:
   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 may assign one or more magistrates serving in the judicial district to serve the remainder of the term in the county with the vacancy. A magistrate shall serve the county with the vacancy to which the magistrate is assigned in addition to the county to which the magistrate is appointed if the combined weighted workload does not exceed thirty-three percent of one full-time position.
   b.  This subsection is repealed August 1, 2027.
    Sec. 16.  Section 602.6404, subsection 2, Code 2026, is amended to read as follows:
   2.  A person is not qualified for appointment as a magistrate unless the person files a certified application form, to be provided by the supreme court, with the chairperson of the county judicial election district magistrate appointing commission. A person is not qualified for appointment as a magistrate if at the time of appointment the person has reached age seventy-eight.
    Sec. 17.  Section 602.6501, Code 2026, is amended to read as follows:
   602.6501  Composition of county judicial election district magistrate appointing commissions.
   1.  A magistrate appointing commission is established in each county judicial election district. The commission shall be composed of the following members:
   a.  A district judge designated by the chief judge of the judicial district to serve until a successor is designated.
   b.  Three members appointed by the board of supervisors, or the lesser number provided in section 602.6503, subsection 1
One person from each county in the judicial election district, appointed by the board of supervisors of the county.
   c.  Two A number of attorneys elected by the attorneys in the county, or the lesser number provided in section 602.6504, subsection 1 judicial election district and the counties contiguous with the judicial election district equal to one fewer than the number of persons appointed pursuant to paragraph “b”. If there are an insufficient number of attorneys to serve on the commission, the number of persons appointed pursuant to paragraph “b” shall not be increased or decreased.
   2.  The clerk of the district court administrator or the administrator’s designee shall maintain a permanent record of the name, address, and term of office of each commissioner.
   3.  A member of a magistrate appointing commission shall be reimbursed for actual and necessary expenses reasonably incurred in the performance of official duties. Reimbursements are payable by the county in which the member serves resides, upon certification of the expenses to the county auditor by the clerk of the district court. The district judges of each judicial district may prescribe rules for the administration of this subsection.
    Sec. 18.  Section 602.6502, Code 2026, is amended to read as follows:
   602.6502  Prohibitions to appointment.
   A member of a county judicial election district magistrate appointing commission shall not be appointed to the office of magistrate. A member of the commission shall not be eligible to vote for the appointment or nomination of a family member, current law partner, or current business partner. For purposes of this section, “family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
    Sec. 19.  Section 602.6503, subsections 1 and 3, Code 2026, are amended to read as follows:
   1.  The board of supervisors of each county in the judicial election district shall appoint three electors one person from the county to the magistrate appointing commission for the county judicial election district for six-year terms beginning January 1, 1979 2027, and each sixth year thereafter. However, if there is only one attorney elected pursuant to section 602.6504, the county board of supervisors shall only appoint two commissioners, and if no attorney is elected, the board of supervisors shall only appoint one commissioner.
   3.  The county auditor shall certify to the clerk of the district court administrator the name, address, and expiration date of term for all appointees of the person appointed to the commission by the board of supervisors.
    Sec. 20.  Section 602.6504, subsections 1, 3, 4, and 5, Code 2026, are amended to read as follows:
   1.  The resident attorneys of each county judicial election district and the counties contiguous with the judicial election district shall elect two resident attorneys of the county a number of attorneys equal to one fewer than the number of persons appointed pursuant to section 602.6501, subsection 1, paragraph “b”, to the magistrate appointing commission for six-year terms beginning on January 1, 1979 2027, and each sixth year thereafter. An election shall be held in December preceding the commencement of new terms. The attorneys in a county may elect only one commissioner if If there is only one are an insufficient number of attorneys who is are qualified and willing to serve and if there are no resident attorneys in a county or none is willing to serve as a commissioner, none shall be elected, the attorneys of each judicial election district and the counties contiguous with the judicial election district may elect a number of attorneys that is less than the maximum number authorized in this subsection.
   3.  An attorney is eligible to vote in elections of magistrate appointing commissioners within a county judicial election district or the counties contiguous with the judicial election district if eligible to vote under sections 46.7 and 46.8, and if a resident of the county judicial election district or a county contiguous with the judicial election district.
   4.  In order to be placed on the ballot for county a judicial election district magistrate appointing commission, an eligible attorney elector shall file a nomination petition in the office of the a clerk of court in the district on or before November 30 of the year in which the election for attorney positions is to occur. This subsection does not preclude write-in votes at the time of the election.
   5.  When an election of magistrate appointing commissioners is to be held, the clerk of the district court for each county in the judicial election district and a county contiguous with the judicial election district shall cause to be mailed to each eligible attorney a ballot that is in substantially the following form:
BALLOT
County Judicial Election District Magistrate Appointing Commission
  To be cast by the resident members of the bar of judicial election district ...... county or a county contiguous with the judicial election district.

  Vote for (state number) for ...... county judicial election district magistrate appointing commissioner(s) for term commencing ......

.........

.........

  To be counted, this ballot must be completed and mailed or delivered to a clerk of the district court in the judicial election district, ........, or a county contiguous with the judicial election district, no later than December 31, ... (year) (or the appropriate date in case of an election to fill a vacancy).
    Sec. 21.  Section 602.8102, subsections 88 and 89, Code 2026, are amended by striking the subsections.
    Sec. 22.  Section 602.8102, subsection 90, Code 2026, is amended to read as follows:
   90.  Furnish an individual or centralized docket for the magistrates of the judicial election district serving in the county as provided in section 602.6604.
    Sec. 23.  Section 806.2, Code 2026, is amended to read as follows:
   806.2  Procedure following arrest.
   If an arrest is made in this state by an officer of another state in accordance with the provisions of section 806.1, the officer shall without unnecessary delay take the person arrested before a magistrate of in the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit the person to bail for such purpose. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.
    Sec. 24.  REPEAL.  Section 602.6402, Code 2026, is repealed.
    Sec. 25.  EFFECTIVE DATE.
   1.  Except as provided in subsection 2, this division of this Act takes effect November 1, 2026.
   2.  The section of this Act enacting section 602.6403, subsection 10, being deemed of immediate importance, takes effect upon enactment.
DIVISION II
SENIOR MAGISTRATES

    Sec. 26.  Section 602.1101, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  10A.  “Senior magistrate” means a person who qualifies as a senior magistrate under section 602.9302.
    Sec. 27.  Section 602.1610, subsection 1, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Notwithstanding paragraph “b”, a judicial magistrate who attains the age of seventy-eight 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. 28.  NEW SECTION.  602.9301  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 sixty-two, or a magistrate who has served at least twenty years prior to the effective date of this division of this Act. “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 602.9302, subsection 5.
   3.  “Senior magistrate” means a magistrate who meets the requirements of section 602.9302 and who has not been retired or removed from the roster of senior magistrates under section 602.9305 or 602.9306.
   4.  “Senior magistrate retirement age” means eighty-four years of age, or if the senior magistrate is reappointed as a senior magistrate for an additional one-year term upon attaining eighty-four years of age, and then to a succeeding one-year term, pursuant to section 602.9302, eighty-six 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. 29.  NEW SECTION.  602.9302  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 the effective date of this division of this Act, 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 five weeks 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.  Prior to submitting an application to become a senior magistrate, the magistrate, the chief judge of the judicial district, the district court administrator, and the state court administrator may meet and discuss the magistrate’s potential assignment together with the scope and parameters of the senior magistrate’s service. If the magistrate decides to apply for senior magistrate, the magistrate can request the supreme court to give a preliminary determination as to whether the supreme court will approve the magistrate’s application.
   4.  The supreme court, in ruling on an application for senior magistrate, including reappointment of an applicant to an additional term, may consider any of the following factors:
   a.  A demonstration of the applicant’s willingness and ability to undertake and complete all assigned work during the applicant’s service as a senior magistrate.
   b.  A recommendation of the chief judge and court administrator made in consultation with other judges from the judicial election district where the applicant served as magistrate.
   c.  The Iowa state bar association’s most recent judicial performance review for the applicant.
   d.  The applicant’s monthly reports submitted pursuant to Iowa court rule 22.10.
   e.  The applicant’s agreement to perform duties as scheduled and assigned by the chief judge of the judicial district or by the state court administrator.
   f.  The applicant’s plans, if any, to regularly spend time or reside out of state.
   g.  The applicant’s work or plans to work as an attorney, or as a mediator, arbitrator, or provider of other alternative dispute resolution services.
   5.  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, qualifies under subsection 2, and is appointed by the supreme court. 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 602.9305, or until the person’s name is stricken from the roster of senior magistrates as provided in section 602.9306, or until the person dies.
   6.  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 eighty-four 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. 30.  NEW SECTION.  602.9303  Senior magistrate salaries.
   1.  A magistrate who retires on or after the effective date of this division of this Act, and who is appointed a senior magistrate under section 602.9302, shall be paid a salary as determined by the general assembly.
   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 and pay for medical insurance for senior magistrates 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. 31.  NEW SECTION.  602.9304  Practice of law.
   A senior magistrate may practice law as provided under the Iowa code of judicial conduct.
    Sec. 32.  NEW SECTION.  602.9305  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. 33.  NEW SECTION.  602.9306  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 the causes specified in section 602.2106, subsection 3, paragraph “a”. 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.
    Sec. 34.  NEW SECTION.  602.9307  Rules.
   The supreme court shall prescribe rules to implement this part.
    Sec. 35.  2025 Iowa Acts, chapter 158, section 6, subsection 2, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Each senior magistrate:
   ...................................................................... $      4,234
DIVISION III
JUDICIAL OFFICER SALARIES

    Sec. 36.  SALARIES —— STATE COURT JUSTICES, JUDGES, AND MAGISTRATES.
   1.  The salary rates for judicial officers, other than judicial magistrates, in effect on July 1, 2026, as specified in 2025 Iowa Acts, chapter 158, section 6, or a subsequent Act of the general assembly specifying salary rates for judicial officers for the fiscal year beginning July 1, 2026, shall be increased by five percent effective with the pay period beginning June 18, 2027.
   2.  Effective with the pay period beginning June 18, 2027, the salary rate for judicial magistrates shall be forty percent of the salary rate of a district associate judge as adjusted pursuant to subsection 1.
   3.  Salary rate increases required by this section shall be paid from moneys appropriated to the judicial branch.
    Sec. 37.  EFFECTIVE DATE.  This division of this Act takes effect June 18, 2027.
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 judicial officers, including magistrate appointments in judicial election districts, senior magistrates, and judicial officer compensation.
   MAGISTRATES APPOINTED IN JUDICIAL ELECTION DISTRICTS. The bill provides for the appointment and service of magistrates in judicial election districts rather than individual counties and makes conforming changes.
   The bill changes county judicial magistrate appointing commissions to judicial election district magistrate appointing commissions, provides for appointment to such commissions, and provides for commission appointee certification to and maintenance of appointee records by district court administrators rather than clerks of district court. The bill alters the composition of a commission to include a district judge designated by the chief judge of the judicial district, one person from each county in the judicial election district appointed by the board of supervisors of the county, and a number of attorneys elected by the attorneys in the judicial election district and the counties contiguous with the judicial election district equal to one fewer than the number of persons appointed by the boards of supervisors. Under current law and the bill, boards of supervisors are prohibited from appointing an attorney or an active law enforcement officer to serve as a commissioner, and attorneys are prohibited from appointing a county attorney as a commissioner.
   Current law allows the chief judge of a judicial district, by order of substitution, to appoint a district associate judge in lieu of magistrates, subject to certain limitations. The bill eliminates the limitations that the county or counties to which the district associate judge is to be appointed must have an apportionment of three or more magistrates, and that the substitution must not result in the absence of a resident district associate judge or magistrate in one or more counties. The bill also eliminates requirements that district associate judges substituted for magistrates, or vice versa, be substituted at a ratio of three magistrates to one district associate judge.
   The bill strikes the requirement that 206 magistrates be apportioned among the counties and instead requires that the supreme court prescribe a formula to determine the number of magistrates who will serve in each judicial election district. The state court administrator must apply the prescribed formula when calculating and apportioning magistrates among judicial election districts. The bill strikes the requirement that each county be allotted at least one resident magistrate.
   Under current law, a county magistrate appointing commission may prescribe the contents of a magistrate application in addition to any application provided by the supreme court. The bill provides that only the supreme court shall prescribe the contents of a magistrate application. The bill strikes the requirement that public notice of a magistrate vacancy must be published in at least two publications in all official county newspapers in the county.
   If a magistrate vacancy cannot be filled, the bill authorizes the chief judge of the judicial district to assign a magistrate from a county within the judicial district to serve the remainder of the term in the county of the vacancy, in addition to the county where the magistrate is appointed, provided that the combined weighted workload does not exceed 33 percent of a full-time position. This provision of the bill takes effect upon enactment and is repealed August 1, 2027.
   The bill requires magistrate appointing commission member reimbursements to be paid by the county where the member resides instead of the county where the member serves.
   The bill repeals Code section 602.6402, which allows the county magistrate appointing commission to appoint an additional magistrate to a county with only one magistrate.
   Except as otherwise provided, this division of the bill takes effect November 1, 2026.
   SENIOR MAGISTRATES. The bill provides that a magistrate who attains the age of 78 and has less than 50 percent of the magistrate’s current term remaining may elect to serve the remainder of the term but is not eligible for reappointment.
   The bill establishes requirements for senior magistrate status, appointment, and terms of service. A senior magistrate may be appointed at the discretion of the supreme court within six months of retirement after filing the appropriate form and meeting specified requirements, including retirement on or after July 1, 2026; agreement to be available for service not exceeding five weeks in each successive 12-month period; and submission of evidence that the magistrate does not suffer from a permanent physical or mental disability that would interfere with the performance of judicial duties.
   The bill sets forth factors for the supreme court to consider when ruling on an application for senior magistrate status. The bill requires the clerk of the supreme court to maintain a roster of senior magistrates and authorizes the reappointment of senior magistrates to additional two-year terms, as well as two one-year terms upon attaining 84 years of age, at the discretion of the supreme court.
   The bill provides for senior magistrate compensation and medical insurance coverage through the judicial branch.
   The bill requires a senior magistrate to retire upon completion of the 12-month period during which the magistrate attains 84 or 86 years of age, as applicable, and requires the clerk of the supreme court to record the retirement in the roster of senior magistrates. The bill also establishes procedures for voluntary relinquishment of senior magistrate status and removal for cause.
   JUDICIAL OFFICER SALARIES. The bill increases the salaries of judicial officers, other than judicial magistrates, in effect on July 1, 2026, by 5 percent effective with the pay period beginning June 18, 2027. Salaries for judicial magistrates are increased to 40 percent of the salary of a district associate judge.
   This division of the bill takes effect June 18, 2027.