Senate File 326 - Reprinted SENATE FILE 326 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1010) (As Amended and Passed by the Senate March 10, 2011 ) 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 326 (4) 84 jm/rj

S.F. 326 Section 1. NEW SECTION . 602.2301 Judicial officer 1 appointment —— delay. 2 1. Notwithstanding section 46.12, the chief justice 3 may order the state commissioner of elections to delay, for 4 budgetary reasons, the sending of a notification to the proper 5 judicial nominating commission that a vacancy in the supreme 6 court, court of appeals, or district court has occurred or will 7 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 budgetary reasons, 11 publicizing the notice of a vacancy for a district associate 12 judgeship, associate juvenile judgeship, or associate probate 13 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 19 budgetary reasons, the appointment of a magistrate to serve the 20 remainder of an unexpired term. 21 4. Any delay authorized by the chief justice pursuant to 22 this section shall not exceed one year in duration, and not 23 more than eight delays authorized by the chief justice shall 24 be in effect at any one time. 25 Sec. 2. NEW SECTION . 602.6113 Apportionment of certain 26 judicial officers —— substantial disparity. 27 Notwithstanding section 602.6201, 602.6301, 602.6304, 28 602.7103B, or 633.20B, if a vacancy occurs in the office of a 29 district judge, district associate judge, associate juvenile 30 judge, or associate probate judge, and the chief justice of 31 the supreme court makes a finding that a substantial disparity 32 exists in the allocation of such judgeships and judicial 33 workload between judicial election districts, the chief 34 justice may apportion the vacant office from the judicial 35 -1- SF 326 (4) 84 jm/rj 1/ 3

S.F. 326 election district where the vacancy occurs to another judicial 1 election district based upon the substantial disparity finding. 2 However, such a judgeship shall not be apportioned pursuant 3 to this section unless a majority of the judicial council 4 approves the apportionment. This section does not apply to a 5 district associate judge office authorized by section 602.6302 6 or 602.6307. 7 Sec. 3. Section 602.6305, subsections 2 and 3, Code 2011, 8 are amended to read as follows: 9 2. A person does not qualify for appointment to the office 10 of district associate judge unless the person is at the time of 11 appointment a resident of the county judicial election district 12 in which the vacancy exists, licensed to practice law in Iowa, 13 and will be able, measured by the person’s age at the time of 14 appointment, to complete the initial term of office prior to 15 reaching age seventy-two. An applicant for district associate 16 judge shall file a certified application form, to be provided 17 by the supreme court, with the chairperson of the county 18 magistrate appointing commission. 19 3. A district associate judge must be a resident of a county 20 the judicial election district in which the office is held 21 during the entire term of office. A district associate judge 22 shall serve within the judicial district in which appointed, 23 as directed by the chief judge, and is subject to reassignment 24 under section 602.6108 . 25 Sec. 4. Section 602.6404, subsection 1, Code 2011, is 26 amended to read as follows: 27 1. A magistrate shall be a resident of the county of 28 appointment or a resident of a county contiguous to the county 29 of appointment during the magistrate’s term of office. A 30 magistrate shall serve within the judicial district in which 31 appointed, as directed by the chief judge, provided that the 32 chief judge may assign a magistrate to hold court outside of 33 the county of the magistrate’s residence appointment for the 34 orderly administration of justice. A magistrate is subject to 35 -2- SF 326 (4) 84 jm/rj 2/ 3

S.F. 326 reassignment under section 602.6108 . 1 Sec. 5. Section 602.9203, subsection 1, Code 2011, is 2 amended to read as follows: 3 1. A supreme court judge, court of appeals judge, district 4 judge, district associate judge, full-time associate juvenile 5 judge, or full-time associate probate judge, who qualifies 6 under subsection 2 may become a senior judge by filing with 7 the clerk of the supreme court a written election in the form 8 specified by the court administrator supreme court . The 9 election shall be filed within six months of the date of 10 retirement. 11 Sec. 6. Section 602.9203, subsection 2, paragraph c, Code 12 2011, is amended to read as follows: 13 c. Agrees in writing on a form prescribed by the court 14 administrator supreme court to be available as long as the 15 judicial officer is a senior judge to perform judicial duties 16 as assigned by the supreme court for an aggregate period of 17 thirteen weeks out of each successive twelve-month period. 18 Sec. 7. Section 602.9203, subsection 5, paragraph b, Code 19 2011, is amended to read as follows: 20 b. A senior judge may be reappointed to an additional 21 two-year a one-year term upon attaining seventy-eight years of 22 age and to a succeeding one-year term , at the discretion of the 23 supreme court, if the judicial officer meets the requirements 24 of subsection 2 . 25 -3- SF 326 (4) 84 jm/rj 3/ 3