Senate File 2343 - Reprinted SENATE FILE 2343 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3147) (As Amended and Passed by the Senate February 24, 2010 ) A BILL FOR An Act relating to the appointment of judicial officers and 1 senior judges. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 2343 (5) 83 jm/rj/jh

S.F. 2343 Section 1. NEW SECTION . 602.2301 Judicial officer 1 appointment —— delay. 2 1. Notwithstanding section 46.12, the chief justice may 3 order the state commissioner of elections to delay, for up to 4 one hundred eighty days for budgetary reasons, the sending of a 5 notification to the proper judicial nominating commission that 6 a vacancy in the supreme court, court of appeals, or district 7 court has occurred or will occur. 8 2. Notwithstanding sections 602.6304, 602.7103B, and 9 633.20B, the chief justice may order any county magistrate 10 appointing commission to delay, for up to one hundred eighty 11 days for budgetary reasons, publicizing the notice of a 12 vacancy for a district associate judgeship, associate juvenile 13 judgeship, or associate probate judgeship. 14 3. Notwithstanding section 602.6403, subsection 3, if a 15 magistrate position is vacant due to a death, resignation, 16 retirement, an increase in the number of positions authorized, 17 or to the removal of a magistrate, the chief justice may order 18 any county magistrate appointing commission to delay, for up to 19 one hundred eighty days for budgetary reasons, the appointment 20 of a magistrate to serve the remainder of an unexpired term. 21 Sec. 2. NEW SECTION . 602.6113 Apportionment of certain 22 judicial officers —— substantial disparity. 23 Notwithstanding section 602.6201, 602.6301, 602.6304, 24 602.7103B, or 633.20B, if a vacancy occurs in the office of a 25 district judge, district associate judge, associate juvenile 26 judge, or associate probate judge, and the chief justice of 27 the supreme court makes a finding that a substantial disparity 28 exists in the allocation of such judgeships and judicial 29 workload between judicial election districts, the chief 30 justice may apportion the vacant office from the judicial 31 election district where the vacancy occurs to another judicial 32 election district based upon the substantial disparity finding. 33 However, such a judgeship shall not be apportioned pursuant 34 to this section unless a majority of the judicial council 35 -1- SF 2343 (5) 83 jm/rj/jh 1/ 3

S.F. 2343 approves the apportionment. This section does not apply to a 1 district associate judge office authorized by section 602.6302 2 or 602.6307. 3 Sec. 3. Section 602.6305, subsections 2 and 3, Code 2009, 4 are amended to read as follows: 5 2. A person does not qualify for appointment to the office 6 of district associate judge unless the person is at the time 7 of appointment a resident of the county judicial election 8 district in which the vacancy exists, licensed to practice law 9 in Iowa, and will be able, measured by the person’s age at the 10 time of appointment, to complete the initial term of office 11 prior to reaching age seventy-two. An applicant for district 12 associate judge shall file a certified application form, to 13 be provided by the supreme court, with the chairperson of the 14 county magistrate appointing commission. 15 3. A district associate judge must be a resident of a 16 county the judicial election district in which the office is 17 held during the entire term of office. A district associate 18 judge shall serve within the judicial district in which 19 appointed, as directed by the chief judge, and is subject to 20 reassignment under section 602.6108. 21 Sec. 4. Section 602.6404, subsection 1, Code Supplement 22 2009, is amended to read as follows: 23 1. A magistrate shall be a resident of the county of 24 appointment or a resident of a county contiguous to the 25 county of appointment during the magistrate’s term of office. 26 However, a resident of the county of appointment shall be 27 the preferred applicant for appointment over a resident of a 28 county contiguous to the county of appointment. A magistrate 29 shall serve within the judicial district in which appointed, 30 as directed by the chief judge, provided that the chief 31 judge may assign a magistrate to hold court outside of the 32 county of the magistrate’s residence appointment for the 33 orderly administration of justice. A magistrate is subject to 34 reassignment under section 602.6108. 35 -2- SF 2343 (5) 83 jm/rj/jh 2/ 3

S.F. 2343 Sec. 5. Section 602.9203, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. A supreme court judge, court of appeals judge, district 3 judge, district associate judge, full-time associate juvenile 4 judge, or full-time associate probate judge, who qualifies 5 under subsection 2 may become a senior judge by filing with 6 the clerk of the supreme court a written election in the form 7 specified by the court administrator supreme court . The 8 election shall be filed within six months of the date of 9 retirement. 10 Sec. 6. Section 602.9203, subsection 2, paragraph c, Code 11 2009, is amended to read as follows: 12 c. Agrees in writing on a form prescribed by the court 13 administrator supreme court to be available as long as the 14 judicial officer is a senior judge to perform judicial duties 15 as assigned by the supreme court for an aggregate period of 16 thirteen weeks out of each successive twelve-month period. 17 Sec. 7. Section 602.9203, subsection 5, paragraph b, Code 18 2009, is amended to read as follows: 19 b. A senior judge may be reappointed to an additional 20 two-year a one-year term upon attaining seventy-eight years 21 of age and to one succeeding one-year term , at the discretion 22 of the supreme court, if the judicial officer meets the 23 requirements of subsection 2. 24 Sec. 8. REPEAL. Sections 602.2301 and 602.6113, as enacted 25 in this Act, are repealed July 1, 2013. 26 -3- SF 2343 (5) 83 jm/rj/jh 3/ 3