Senate
Study
Bill
1200
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
judicial
branch
administration,
including
1
judicial
officer
residency,
remote
proceedings,
court
2
reporter
supervision
and
duties,
and
civil
pleadings
3
availability.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1370XD
(5)
91
cm/ns
S.F.
_____
H.F.
_____
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
1370XD
(5)
91
cm/ns
1/
8
S.F.
_____
H.F.
_____
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
MISCELLANEOUS
JUDICIAL
ADMINISTRATION
35
-2-
LSB
1370XD
(5)
91
cm/ns
2/
8
S.F.
_____
H.F.
_____
Sec.
7.
Section
602.1612,
subsection
4,
Code
2025,
is
1
amended
by
striking
the
subsection.
2
Sec.
8.
Section
602.3201,
Code
2025,
is
amended
to
read
as
3
follows:
4
602.3201
Requirement
of
certification
——
use
of
title.
5
A
person
shall
not
engage
in
the
profession
of
shorthand
6
reporting
unless
the
person
is
certified
pursuant
to
this
7
chapter
,
or
otherwise
exempted
pursuant
to
section
602.6603,
8
subsection
4
3
.
Only
a
person
who
is
certified
by
the
board
9
may
assume
the
title
of
certified
shorthand
reporter,
or
use
10
the
abbreviation
C.S.R.,
or
any
words,
letters,
or
figures
to
11
indicate
that
the
person
is
a
certified
shorthand
reporter.
12
Sec.
9.
Section
602.6105,
subsection
1,
Code
2025,
is
13
amended
to
read
as
follows:
14
1.
Courts
shall
be
held
at
the
places
in
each
county
15
maintaining
space
for
the
district
court
as
designated
by
the
16
chief
judge
of
the
judicial
district,
or
held
by
remote
means
17
of
communication,
except
that
the
determination
of
actions,
18
special
proceedings,
and
other
matters
not
requiring
a
jury
may
19
be
done
at
some
other
place
in
the
district
with
the
consent
of
20
the
parties.
For
the
purposes
of
this
subsection
,
contiguous
21
counties
which
have
entered
into
an
agreement
to
share
costs
22
pursuant
to
section
331.381,
subsection
16
,
paragraph
“b”
,
23
shall
be
considered
as
one
unit
for
the
purpose
of
conducting
24
all
matters
except
as
otherwise
provided
in
this
subsection
.
25
Sec.
10.
Section
602.6603,
Code
2025,
is
amended
to
read
as
26
follows:
27
602.6603
Court
reporters.
28
1.
a.
Each
district
judge
shall
appoint
a
The
chief
judge
29
of
a
judicial
district
or
the
chief
judge’s
designee
shall
have
30
the
authority
to
supervise,
schedule,
and
assign
duties
to
all
31
court
reporters
in
the
judicial
district.
32
b.
Notwithstanding
paragraph
“a”
,
a
judge
presiding
over
a
33
proceeding
that
must
be
reported
shall
have
the
authority
to
34
supervise
the
work
of
a
court
reporter
while
the
court
reporter
35
-3-
LSB
1370XD
(5)
91
cm/ns
3/
8
S.F.
_____
H.F.
_____
is
actively
engaged
in
reporting
that
proceeding.
1
c.
The
chief
judge
of
a
judicial
district
may
delegate
the
2
authority
set
forth
in
paragraph
“a”
to
the
district
court
3
administrator
or
the
district
court
administrator’s
designee.
4
2.
The
judicial
officers
of
a
judicial
district
shall
5
appoint
a
court
reporter,
subject
to
approval
of
the
chief
6
judge
of
the
judicial
district
or
the
chief
judge’s
designee.
7
A
court
reporter
may
be
assigned
to
a
district
judge
or
the
8
district
associate
judge
subject
to
subsection
1.
A
court
9
reporter
who
shall,
upon
the
request
of
a
party
in
a
civil
or
10
criminal
case,
report
the
evidence
and
proceedings
in
the
case,
11
and
perform
all
duties
as
provided
by
law.
12
2.
Each
district
associate
judge
may
appoint
a
court
13
reporter,
subject
to
the
approval
of
the
chief
judge
of
the
14
judicial
district.
15
3.
If
a
chief
judge
of
a
judicial
district
determines
that
16
it
is
necessary
to
employ
an
additional
court
reporter
because
17
of
an
extraordinary
volume
of
work,
or
because
of
the
temporary
18
illness
or
incapacity
of
a
regular
court
reporter,
the
chief
19
judge
may
appoint
a
temporary
court
reporter
who
shall
serve
20
as
required
by
the
chief
judge.
21
4.
3.
If
a
regularly
appointed
court
reporter
becomes
22
disabled,
or
if
a
vacancy
occurs
in
a
regularly
appointed
23
court
reporter
position,
the
chief
judge
or
the
chief
24
judge’s
designee
may
appoint
a
competent
,
uncertified
25
shorthand
reporter
for
a
period
of
time
of
up
to
one
year,
26
upon
verification
by
the
chief
judge
that
a
diligent
but
27
unsuccessful
search
has
been
conducted
to
appoint
a
certified
28
shorthand
reporter
to
the
position
and,
in
a
disability
case,
29
that
the
regularly
appointed
court
reporter
is
disabled.
30
An
uncertified
shorthand
reporter
shall
not
be
reappointed
31
to
the
position
unless
the
reporter
becomes
a
certified
32
shorthand
reporter
within
the
period
of
appointment
under
this
33
subsection
.
34
5.
4.
Except
as
provided
in
subsection
4
3
,
a
person
35
-4-
LSB
1370XD
(5)
91
cm/ns
4/
8
S.F.
_____
H.F.
_____
shall
not
be
appointed
to
the
position
of
court
reporter
of
1
the
district
court
unless
the
person
has
been
certified
as
a
2
shorthand
reporter
by
the
board
of
examiners
under
article
3
.
3
6.
5.
Each
court
reporter
shall
take
an
oath
faithfully
4
to
perform
the
duties
of
office,
which
shall
be
filed
in
the
5
office
of
the
clerk
of
district
court.
6
7.
6.
A
court
reporter
may
be
removed
for
cause
with
7
due
process
by
the
judicial
officer
officers
making
the
8
appointment
,
subject
to
the
approval
of
the
chief
judge
or
the
9
chief
judge’s
designee
.
10
8.
7.
If
a
judge
dies,
resigns,
retires,
is
removed
11
from
office,
becomes
disabled,
or
fails
to
be
retained
in
12
office
and
the
judicial
vacancy
is
eligible
to
be
filled,
the
13
court
reporter
appointed
by
the
judge
shall
serve
as
a
court
14
reporter,
as
directed
by
the
chief
judge
or
the
chief
judge’s
15
designee
,
until
the
successor
judge
appoints
a
successor
court
16
reporter
.
The
court
reporter
shall
receive
the
reporter’s
17
regular
salary
and
benefits
during
the
period
of
time
until
a
18
successor
court
reporter
is
appointed
or
until
the
currently
19
appointed
court
reporter
is
reappointed.
20
Sec.
11.
Section
602.8102,
subsection
9,
Code
2025,
is
21
amended
to
read
as
follows:
22
9.
Enter
in
the
appearance
docket
a
memorandum
of
the
date
23
of
filing
of
all
petitions,
demurrers,
answers,
motions,
or
24
papers
of
any
other
description
in
the
cause.
A
pleading
of
25
any
description
is
considered
filed
when
the
clerk
entered
26
the
date
the
pleading
was
received
on
the
pleading
and
the
27
pleading
shall
not
be
taken
from
the
clerk’s
office
until
the
28
memorandum
is
made
.
The
memorandum
shall
be
made
within
two
29
business
days
of
a
new
petition
or
order
being
filed,
and
as
30
soon
as
practicable
for
all
other
pleadings.
Thereafter,
when
31
a
demurrer
or
motion
is
sustained
or
overruled,
a
pleading
is
32
made
or
amended,
or
the
trial
of
the
cause,
rendition
of
the
33
verdict,
entry
of
judgment,
issuance
of
execution,
or
any
other
34
act
is
done
in
the
progress
of
the
cause,
a
similar
memorandum
35
-5-
LSB
1370XD
(5)
91
cm/ns
5/
8
S.F.
_____
H.F.
_____
shall
be
made
of
the
action,
including
the
date
of
action
and
1
the
number
of
the
book
and
page
of
the
record
where
the
entry
is
2
made.
The
appearance
docket
is
an
index
of
each
suit
from
its
3
commencement
to
its
conclusion.
4
Sec.
12.
Section
602.9206,
subsection
1,
Code
2025,
is
5
amended
to
read
as
follows:
6
1.
Section
602.1612
does
not
apply
to
a
senior
judge
but
7
does
apply
to
a
retired
senior
judge.
During
the
tenure
of
8
a
senior
judge,
if
the
judge
is
able
to
serve,
the
judge
9
may
be
assigned
by
the
supreme
court
to
temporary
judicial
10
duties
on
courts
of
this
state
without
salary
for
an
aggregate
11
of
thirteen
weeks
out
of
each
twelve-month
period,
and
for
12
additional
weeks
with
the
judge’s
consent.
A
senior
judge
13
shall
not
be
assigned
to
judicial
duties
on
the
supreme
14
court
unless
the
judge
has
been
appointed
to
serve
on
the
15
supreme
court
prior
to
retirement.
While
serving
on
temporary
16
assignment,
a
senior
judge
has
and
may
exercise
all
of
the
17
authority
of
the
office
to
which
the
judge
is
assigned,
shall
18
continue
to
be
paid
the
judge’s
annuity
as
senior
judge,
shall
19
be
reimbursed
for
the
judge’s
actual
expenses
to
the
extent
20
expenses
of
a
district
judge
are
reimbursable
under
section
21
602.1509
,
may,
if
permitted
by
the
assignment
order,
appoint
a
22
temporary
court
reporter,
who
shall
be
paid
the
remuneration
23
and
reimbursement
for
actual
expenses
provided
by
law
for
a
24
reporter
in
the
court
to
which
the
senior
judge
is
assigned,
25
and,
if
assigned
to
the
court
of
appeals
or
the
supreme
court,
26
shall
be
given
the
assistance
of
a
law
clerk
and
a
secretary
27
designated
by
the
court
administrator
of
the
judicial
branch
28
from
the
court
administrator’s
staff.
Each
order
of
temporary
29
assignment
shall
be
filed
with
the
clerks
of
court
at
the
30
places
where
the
senior
judge
is
to
serve.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
judicial
branch
administration,
35
-6-
LSB
1370XD
(5)
91
cm/ns
6/
8
S.F.
_____
H.F.
_____
including
judicial
officer
residency,
remote
proceedings,
1
court
reporter
supervision
and
duties,
and
civil
pleadings
2
availability.
3
DIVISION
I
——
JUDICIAL
OFFICER
RESIDENCY.
Under
current
4
law,
a
district
judge
must
be
a
resident
of
the
judicial
5
election
district
in
which
appointed
during
the
entire
term
of
6
office.
The
bill
expands
this
to
include
a
county
contiguous
7
with
the
judicial
election
district
of
appointment.
The
8
bill
also
applies
the
new
residency
requirement
to
district
9
associate
judges,
magistrates,
full-time
associate
juvenile
10
judges,
and
full-time
associate
probate
judges.
11
The
bill
repeals
a
Code
section
relating
to
judge
residency
12
requirements
for
a
1984-1985
transition
for
judicial
election
13
districts
5A
and
5C.
14
DIVISION
II
——
MISCELLANEOUS
JUDICIAL
ADMINISTRATION.
The
15
bill
authorizes
court
proceedings
to
be
held
by
remote
means
16
of
communication.
17
The
bill
amends
how
court
reporters
are
appointed
and
18
supervised.
Under
current
law,
a
district
judge
may
appoint
19
a
court
reporter,
and
a
district
associate
judge
may
appoint
20
a
court
reporter
subject
to
approval
by
the
chief
judge.
A
21
retired
justice
or
judge,
or
a
senior
judge,
may
also
appoint
a
22
temporary
court
reporter
under
current
law.
Under
the
bill,
23
the
chief
judge
of
the
judicial
district
or
the
chief
judge’s
24
designee
has
the
authority
to
supervise,
schedule,
and
assign
25
duties
of
all
court
reporters
in
the
judicial
district.
The
26
bill
allows
a
judge
presiding
over
a
reported
proceeding
to
27
have
authority
to
supervise
the
work
of
a
court
reporter
while
28
the
court
reporter
is
reporting
in
that
matter.
The
bill
29
provides
that
the
chief
judge
may
delegate
the
chief
judge’s
30
authority
to
appoint,
supervise,
and
assign
duties
of
court
31
reporters
to
the
district
court
administrator
or
the
district
32
court
administrator’s
designee.
The
bill
requires
judicial
33
officers
of
a
judicial
district
to
appoint
a
court
reporter,
34
subject
to
approval
of
the
chief
judge
of
the
judicial
district
35
-7-
LSB
1370XD
(5)
91
cm/ns
7/
8
S.F.
_____
H.F.
_____
or
the
chief
judge’s
designee.
1
The
bill
allows
the
clerk
of
court
to
provide
access
to
a
2
civil
pleading
before
a
memorandum
of
the
filing
date
of
the
3
pleading
for
the
appearance
docket
is
made.
4
-8-
LSB
1370XD
(5)
91
cm/ns
8/
8