House
File
2706
-
Reprinted
HOUSE
FILE
2706
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
722)
(COMPANION
TO
SF
2401
BY
COMMITTEE
ON
JUDICIARY)
(As
Amended
and
Passed
by
the
House
April
1,
2026
)
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
HF
2706
(2)
91
lh/ns/md
H.F.
2706
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-
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1/
18
H.F.
2706
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-
HF
2706
(2)
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lh/ns/md
2/
18
H.F.
2706
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
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18
H.F.
2706
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
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18
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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
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18
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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
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18
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2706
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-
HF
2706
(2)
91
lh/ns/md
7/
18
H.F.
2706
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
subsections:
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
NEW
SUBSECTION
.
11.
a.
For
the
magistrate
term
commencing
33
August
1,
2027,
the
judicial
election
district
magistrate
34
appointing
commission
shall
give
priority
to
an
applicant
who
35
-8-
HF
2706
(2)
91
lh/ns/md
8/
18
H.F.
2706
served
or
is
serving
as
a
magistrate
for
the
term
immediately
1
preceding
August
1,
2027.
2
(1)
If
the
number
of
vacancies
in
the
judicial
election
3
district
equals
or
exceeds
the
number
of
prioritized
4
applicants,
the
commission
shall
appoint
all
prioritized
5
applicants.
6
(2)
If
the
number
of
vacancies
in
the
judicial
election
7
district
is
less
than
the
number
of
prioritized
applicants,
the
8
commission
shall
appoint
only
prioritized
applicants.
9
b.
This
subsection
is
repealed
July
31,
2031.
10
Sec.
16.
Section
602.6404,
subsection
2,
Code
2026,
is
11
amended
to
read
as
follows:
12
2.
A
person
is
not
qualified
for
appointment
as
a
magistrate
13
unless
the
person
files
a
certified
application
form,
to
14
be
provided
by
the
supreme
court,
with
the
chairperson
of
15
the
county
judicial
election
district
magistrate
appointing
16
commission.
A
person
is
not
qualified
for
appointment
as
a
17
magistrate
if
at
the
time
of
appointment
the
person
has
reached
18
age
seventy-eight.
19
Sec.
17.
Section
602.6501,
Code
2026,
is
amended
to
read
as
20
follows:
21
602.6501
Composition
of
county
judicial
election
district
22
magistrate
appointing
commissions.
23
1.
A
magistrate
appointing
commission
is
established
in
24
each
county
judicial
election
district
.
The
commission
shall
25
be
composed
of
the
following
members:
26
a.
A
district
judge
designated
by
the
chief
judge
of
the
27
judicial
district
to
serve
until
a
successor
is
designated.
28
b.
Three
members
appointed
by
the
board
of
supervisors,
or
29
the
lesser
number
provided
in
section
602.6503,
subsection
1
30
One
person
from
each
county
in
the
judicial
election
district,
31
appointed
by
the
board
of
supervisors
of
the
county
.
32
c.
Two
A
number
of
attorneys
elected
by
the
attorneys
33
in
the
county,
or
the
lesser
number
provided
in
section
34
602.6504,
subsection
1
judicial
election
district
and
the
35
-9-
HF
2706
(2)
91
lh/ns/md
9/
18
H.F.
2706
counties
contiguous
with
the
judicial
election
district
equal
1
to
one
fewer
than
the
number
of
persons
appointed
pursuant
to
2
paragraph
“b”
.
If
there
are
an
insufficient
number
of
attorneys
3
to
serve
on
the
commission,
the
number
of
persons
appointed
4
pursuant
to
paragraph
“b”
shall
not
be
increased
or
decreased
.
5
2.
The
clerk
of
the
district
court
administrator
or
the
6
administrator’s
designee
shall
maintain
a
permanent
record
of
7
the
name,
address,
and
term
of
office
of
each
commissioner.
8
3.
A
member
of
a
magistrate
appointing
commission
shall
9
be
reimbursed
for
actual
and
necessary
expenses
reasonably
10
incurred
in
the
performance
of
official
duties.
Reimbursements
11
are
payable
by
the
county
in
which
the
member
serves
resides
,
12
upon
certification
of
the
expenses
to
the
county
auditor
by
13
the
clerk
of
the
district
court.
The
district
judges
of
each
14
judicial
district
may
prescribe
rules
for
the
administration
15
of
this
subsection
.
16
Sec.
18.
Section
602.6502,
Code
2026,
is
amended
to
read
as
17
follows:
18
602.6502
Prohibitions
to
appointment.
19
A
member
of
a
county
judicial
election
district
magistrate
20
appointing
commission
shall
not
be
appointed
to
the
office
of
21
magistrate.
A
member
of
the
commission
shall
not
be
eligible
22
to
vote
for
the
appointment
or
nomination
of
a
family
member,
23
current
law
partner,
or
current
business
partner.
For
purposes
24
of
this
section
,
“family
member”
means
a
spouse,
son,
daughter,
25
brother,
sister,
uncle,
aunt,
first
cousin,
nephew,
niece,
26
father-in-law,
mother-in-law,
son-in-law,
daughter-in-law,
27
brother-in-law,
sister-in-law,
father,
mother,
stepfather,
28
stepmother,
stepson,
stepdaughter,
stepbrother,
stepsister,
29
half
brother,
or
half
sister.
30
Sec.
19.
Section
602.6503,
subsections
1
and
3,
Code
2026,
31
are
amended
to
read
as
follows:
32
1.
The
board
of
supervisors
of
each
county
in
the
judicial
33
election
district
shall
appoint
three
electors
one
person
from
34
the
county
to
the
magistrate
appointing
commission
for
the
35
-10-
HF
2706
(2)
91
lh/ns/md
10/
18
H.F.
2706
county
judicial
election
district
for
six-year
terms
beginning
1
January
1,
1979
2027
,
and
each
sixth
year
thereafter.
However,
2
if
there
is
only
one
attorney
elected
pursuant
to
section
3
602.6504
,
the
county
board
of
supervisors
shall
only
appoint
4
two
commissioners,
and
if
no
attorney
is
elected,
the
board
of
5
supervisors
shall
only
appoint
one
commissioner.
6
3.
The
county
auditor
shall
certify
to
the
clerk
of
the
7
district
court
administrator
the
name,
address,
and
expiration
8
date
of
term
for
all
appointees
of
the
person
appointed
to
the
9
commission
by
the
board
of
supervisors.
10
Sec.
20.
Section
602.6504,
subsections
1,
3,
4,
and
5,
Code
11
2026,
are
amended
to
read
as
follows:
12
1.
The
resident
attorneys
of
each
county
judicial
election
13
district
and
the
counties
contiguous
with
the
judicial
election
14
district
shall
elect
two
resident
attorneys
of
the
county
a
15
number
of
attorneys
equal
to
one
fewer
than
the
number
of
16
persons
appointed
pursuant
to
section
602.6501,
subsection
1,
17
paragraph
“b”
,
to
the
magistrate
appointing
commission
for
18
six-year
terms
beginning
on
January
1,
1979
2027
,
and
each
19
sixth
year
thereafter.
An
election
shall
be
held
in
December
20
preceding
the
commencement
of
new
terms.
The
attorneys
in
a
21
county
may
elect
only
one
commissioner
if
If
there
is
only
one
22
are
an
insufficient
number
of
attorneys
who
is
are
qualified
23
and
willing
to
serve
and
if
there
are
no
resident
attorneys
24
in
a
county
or
none
is
willing
to
serve
as
a
commissioner,
25
none
shall
be
elected
,
the
attorneys
of
each
judicial
election
26
district
and
the
counties
contiguous
with
the
judicial
election
27
district
may
elect
a
number
of
attorneys
that
is
less
than
the
28
maximum
number
authorized
in
this
subsection
.
29
3.
An
attorney
is
eligible
to
vote
in
elections
of
30
magistrate
appointing
commissioners
within
a
county
judicial
31
election
district
or
the
counties
contiguous
with
the
judicial
32
election
district
if
eligible
to
vote
under
sections
46.7
33
and
46.8
,
and
if
a
resident
of
the
county
judicial
election
34
district
or
a
county
contiguous
with
the
judicial
election
35
-11-
HF
2706
(2)
91
lh/ns/md
11/
18
H.F.
2706
district
.
1
4.
In
order
to
be
placed
on
the
ballot
for
county
a
judicial
2
election
district
magistrate
appointing
commission,
an
eligible
3
attorney
elector
shall
file
a
nomination
petition
in
the
office
4
of
the
a
clerk
of
court
in
the
district
on
or
before
November
5
30
of
the
year
in
which
the
election
for
attorney
positions
is
6
to
occur.
This
subsection
does
not
preclude
write-in
votes
at
7
the
time
of
the
election.
8
5.
When
an
election
of
magistrate
appointing
commissioners
9
is
to
be
held,
the
clerk
of
the
district
court
for
each
county
10
in
the
judicial
election
district
and
a
county
contiguous
with
11
the
judicial
election
district
shall
cause
to
be
mailed
to
12
each
eligible
attorney
a
ballot
that
is
in
substantially
the
13
following
form:
14
BALLOT
15
County
Judicial
Election
District
Magistrate
Appointing
16
Commission
17
To
be
cast
by
the
resident
members
of
the
bar
of
judicial
18
election
district
......
county
or
a
county
contiguous
with
19
the
judicial
election
district
.
20
Vote
for
(state
number)
for
......
county
judicial
election
21
district
magistrate
appointing
commissioner(s)
for
term
22
commencing
......
23
.........
24
.........
25
To
be
counted,
this
ballot
must
be
completed
and
mailed
or
26
delivered
to
a
clerk
of
the
district
court
in
the
judicial
27
election
district
,
........
,
or
a
county
contiguous
with
the
28
judicial
election
district,
no
later
than
December
31,
...
29
(year)
(or
the
appropriate
date
in
case
of
an
election
to
fill
30
a
vacancy).
31
Sec.
21.
Section
602.8102,
subsections
88
and
89,
Code
2026,
32
are
amended
by
striking
the
subsections.
33
Sec.
22.
Section
602.8102,
subsection
90,
Code
2026,
is
34
amended
to
read
as
follows:
35
-12-
HF
2706
(2)
91
lh/ns/md
12/
18
H.F.
2706
90.
Furnish
an
individual
or
centralized
docket
for
the
1
magistrates
of
the
judicial
election
district
serving
in
the
2
county
as
provided
in
section
602.6604
.
3
Sec.
23.
Section
806.2,
Code
2026,
is
amended
to
read
as
4
follows:
5
806.2
Procedure
following
arrest.
6
If
an
arrest
is
made
in
this
state
by
an
officer
of
another
7
state
in
accordance
with
the
provisions
of
section
806.1
,
8
the
officer
shall
without
unnecessary
delay
take
the
person
9
arrested
before
a
magistrate
of
in
the
county
in
which
the
10
arrest
was
made,
who
shall
conduct
a
hearing
for
the
purpose
of
11
determining
the
lawfulness
of
the
arrest.
If
the
magistrate
12
determines
that
the
arrest
was
lawful
,
the
magistrate
shall
13
commit
the
person
arrested
to
await
for
a
reasonable
time
14
the
issuance
of
an
extradition
warrant
by
the
governor
of
15
this
state
or
admit
the
person
to
bail
for
such
purpose.
If
16
the
magistrate
determines
that
the
arrest
was
unlawful
,
the
17
magistrate
shall
discharge
the
person
arrested.
18
Sec.
24.
REPEAL.
Section
602.6402,
Code
2026,
is
repealed.
19
Sec.
25.
EFFECTIVE
DATE.
20
1.
Except
as
provided
in
subsection
2,
this
division
of
this
21
Act
takes
effect
November
1,
2026.
22
2.
The
portion
of
the
section
of
this
Act
enacting
section
23
602.6403,
subsection
10,
being
deemed
of
immediate
importance,
24
takes
effect
upon
enactment.
25
DIVISION
II
26
SENIOR
MAGISTRATES
27
Sec.
26.
Section
602.1101,
Code
2026,
is
amended
by
adding
28
the
following
new
subsection:
29
NEW
SUBSECTION
.
10A.
“Senior
magistrate”
means
a
person
who
30
qualifies
as
a
senior
magistrate
under
section
602.9302.
31
Sec.
27.
Section
602.1610,
subsection
1,
Code
2026,
is
32
amended
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
c.
Notwithstanding
paragraph
“b”
,
a
judicial
34
magistrate
who
attains
the
age
of
seventy-eight
years
and
has
35
-13-
HF
2706
(2)
91
lh/ns/md
13/
18
H.F.
2706
less
than
fifty
percent
of
the
magistrate’s
current
term
of
1
appointment
left
to
serve
shall
have
the
right
to
elect
to
2
serve
the
remainder
of
the
magistrate’s
current
term
but
shall
3
not
be
eligible
for
reappointment.
4
Sec.
28.
NEW
SECTION
.
602.9301
Definitions.
5
As
used
in
this
part,
unless
the
context
otherwise
requires:
6
1.
“Retired
magistrate”
means
a
magistrate
that
has
retired
7
as
a
magistrate
after
serving
not
less
than
eight
years
and
has
8
attained
the
age
of
sixty-two,
or
a
magistrate
who
has
served
9
at
least
twenty
years
prior
to
the
effective
date
of
this
10
division
of
this
Act.
“Retired
magistrate”
does
not
include
11
magistrates
who
are
seeking
reappointment.
12
2.
“Roster
of
senior
magistrates”
means
a
roster
maintained
13
by
the
clerk
of
the
supreme
court
under
section
602.9302,
14
subsection
5.
15
3.
“Senior
magistrate”
means
a
magistrate
who
meets
the
16
requirements
of
section
602.9302
and
who
has
not
been
retired
17
or
removed
from
the
roster
of
senior
magistrates
under
section
18
602.9305
or
602.9306.
19
4.
“Senior
magistrate
retirement
age”
means
eighty-four
20
years
of
age,
or
if
the
senior
magistrate
is
reappointed
as
21
a
senior
magistrate
for
an
additional
one-year
term
upon
22
attaining
eighty-four
years
of
age,
and
then
to
a
succeeding
23
one-year
term,
pursuant
to
section
602.9302,
eighty-six
years
24
of
age.
25
5.
“Twelve-month
period”
means
each
successive
one-year
26
period
commencing
on
the
date
a
retired
magistrate
becomes
a
27
senior
magistrate
and
while
the
magistrate
continues
to
be
a
28
senior
magistrate.
29
Sec.
29.
NEW
SECTION
.
602.9302
Senior
magistrate
30
requirements
——
appointment
and
term.
31
1.
A
magistrate
who
qualifies
under
subsection
2
may
become
32
a
senior
magistrate
by
filing
with
the
clerk
of
the
supreme
33
court
a
written
election
in
the
form
specified
by
the
supreme
34
court.
The
election
shall
be
filed
within
six
months
of
the
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date
of
retirement.
1
2.
A
magistrate
referred
to
in
subsection
1
may
be
2
appointed,
at
the
discretion
of
the
supreme
court,
for
a
3
two-year
term
as
senior
magistrate
if
the
magistrate
meets
all
4
of
the
following
requirements:
5
a.
Retires
from
office
on
or
after
the
effective
date
of
6
this
division
of
this
Act,
regardless
of
whether
the
magistrate
7
is
of
mandatory
retirement
age.
8
b.
Agrees
in
writing
on
a
form
prescribed
by
the
supreme
9
court
to
be
available
as
long
as
the
magistrate
is
a
senior
10
magistrate
to
perform
judicial
duties
as
assigned
by
the
11
supreme
court
or
chief
judge
of
the
senior
magistrate’s
12
judicial
district
for
service
not
to
exceed
an
aggregate
period
13
of
five
weeks
out
of
each
successive
twelve-month
period.
14
c.
Submits
evidence
to
the
satisfaction
of
the
supreme
court
15
that,
as
of
the
date
of
retirement,
the
magistrate
does
not
16
suffer
from
a
permanent
physical
or
mental
disability
which
17
would
substantially
interfere
with
the
performance
of
duties
18
agreed
to
under
paragraph
“b”
.
19
3.
Prior
to
submitting
an
application
to
become
a
senior
20
magistrate,
the
magistrate,
the
chief
judge
of
the
judicial
21
district,
the
district
court
administrator,
and
the
state
court
22
administrator
may
meet
and
discuss
the
magistrate’s
potential
23
assignment
together
with
the
scope
and
parameters
of
the
senior
24
magistrate’s
service.
If
the
magistrate
decides
to
apply
for
25
senior
magistrate,
the
magistrate
can
request
the
supreme
court
26
to
give
a
preliminary
determination
as
to
whether
the
supreme
27
court
will
approve
the
magistrate’s
application.
28
4.
The
supreme
court,
in
ruling
on
an
application
for
senior
29
magistrate,
including
reappointment
of
an
applicant
to
an
30
additional
term,
may
consider
any
of
the
following
factors:
31
a.
A
demonstration
of
the
applicant’s
willingness
and
32
ability
to
undertake
and
complete
all
assigned
work
during
the
33
applicant’s
service
as
a
senior
magistrate.
34
b.
A
recommendation
of
the
chief
judge
and
court
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administrator
made
in
consultation
with
other
judges
from
1
the
judicial
election
district
where
the
applicant
served
as
2
magistrate.
3
c.
The
Iowa
state
bar
association’s
most
recent
judicial
4
performance
review
for
the
applicant.
5
d.
The
applicant’s
monthly
reports
submitted
pursuant
to
6
Iowa
court
rule
22.10.
7
e.
The
applicant’s
agreement
to
perform
duties
as
scheduled
8
and
assigned
by
the
chief
judge
of
the
judicial
district
or
by
9
the
state
court
administrator.
10
f.
The
applicant’s
plans,
if
any,
to
regularly
spend
time
11
or
reside
out
of
state.
12
g.
The
applicant’s
work
or
plans
to
work
as
an
attorney,
13
or
as
a
mediator,
arbitrator,
or
provider
of
other
alternative
14
dispute
resolution
services.
15
5.
The
clerk
of
the
supreme
court
shall
maintain
a
book
16
entitled
“Roster
of
Senior
Magistrates”,
and
shall
enter
17
in
the
book
the
name
of
each
magistrate
who
files
a
timely
18
election
under
subsection
1,
qualifies
under
subsection
2,
19
and
is
appointed
by
the
supreme
court.
A
person
shall
be
a
20
senior
magistrate
upon
entry
of
the
person’s
name
in
the
roster
21
of
senior
magistrates
and
until
the
person
becomes
a
retired
22
senior
magistrate
as
provided
in
section
602.9305,
or
until
the
23
person’s
name
is
stricken
from
the
roster
of
senior
magistrates
24
as
provided
in
section
602.9306,
or
until
the
person
dies.
25
6.
a.
A
senior
magistrate
may
be
reappointed
to
additional
26
two-year
terms,
at
the
discretion
of
the
supreme
court,
if
the
27
judicial
officer
meets
the
requirements
of
subsection
2.
28
b.
A
senior
magistrate
may
be
reappointed
to
a
one-year
term
29
upon
attaining
eighty-four
years
of
age
and
to
a
succeeding
30
one-year
term,
at
the
discretion
of
the
supreme
court,
if
the
31
judicial
officer
meets
the
requirements
of
subsection
2.
32
Sec.
30.
NEW
SECTION
.
602.9303
Senior
magistrate
salaries.
33
1.
A
magistrate
who
retires
on
or
after
the
effective
date
34
of
this
division
of
this
Act,
and
who
is
appointed
a
senior
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magistrate
under
section
602.9302,
shall
be
paid
a
salary
as
1
determined
by
the
general
assembly.
2
2.
The
senior
magistrate
shall
be
reimbursed
for
costs
for
3
which
actively
serving
magistrates
are
reimbursed
at
the
same
4
rate.
5
3.
The
state
shall
provide
and
pay
for
medical
insurance
6
for
senior
magistrates
at
the
same
rate
as
is
applicable
to
7
actively
serving
magistrates.
A
senior
magistrate
who
elects
8
to
participate
in
medical
insurance
through
the
judicial
branch
9
shall
make
appropriate
arrangements
for
the
payment
of
the
10
senior
magistrate’s
share
of
medical
insurance
costs.
11
Sec.
31.
NEW
SECTION
.
602.9304
Practice
of
law.
12
A
senior
magistrate
may
practice
law
as
provided
under
the
13
Iowa
code
of
judicial
conduct.
14
Sec.
32.
NEW
SECTION
.
602.9305
Retirement
of
senior
15
magistrate.
16
A
senior
magistrate
shall
cease
to
be
a
senior
magistrate
17
upon
completion
of
the
twelve-month
period
during
which
the
18
magistrate
attains
senior
magistrate
retirement
age.
The
clerk
19
of
the
supreme
court
shall
make
a
notation
of
the
retirement
20
of
a
senior
magistrate
in
the
roster
of
senior
magistrates,
at
21
which
time
the
senior
magistrate
shall
become
a
retired
senior
22
magistrate.
23
Sec.
33.
NEW
SECTION
.
602.9306
Relinquishment
of
status
as
24
senior
magistrate
——
removal
for
cause.
25
1.
A
senior
magistrate,
at
any
time
prior
to
the
end
of
26
the
twelve-month
period
during
which
the
magistrate
attains
27
senior
magistrate
retirement
age,
may
submit
to
the
clerk
of
28
the
supreme
court
a
written
request
that
the
magistrate’s
name
29
be
stricken
from
the
roster
of
senior
magistrates.
Upon
the
30
receipt
of
the
request,
the
clerk
shall
strike
the
name
of
the
31
person
from
the
roster
of
senior
magistrates,
at
which
time
the
32
person
shall
cease
to
be
a
senior
magistrate.
33
2.
A
senior
magistrate
is
subject
to
removal
under
article
34
2,
part
1,
for
the
causes
specified
in
section
602.2106,
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subsection
3,
paragraph
“a”
.
When
a
person
is
removed
as
a
1
senior
magistrate
as
provided
in
this
subsection,
the
clerk
of
2
the
supreme
court
shall
strike
the
name
of
the
person
from
the
3
roster
of
senior
magistrates,
at
which
time
the
person
shall
4
cease
to
be
a
senior
magistrate.
5
Sec.
34.
NEW
SECTION
.
602.9307
Rules.
6
The
supreme
court
shall
prescribe
rules
to
implement
this
7
part.
8
Sec.
35.
2025
Iowa
Acts,
chapter
158,
section
6,
subsection
9
2,
is
amended
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
l.
Each
senior
magistrate:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,234
12
DIVISION
III
13
JUDICIAL
OFFICER
SALARIES
14
Sec.
36.
SALARIES
——
STATE
COURT
JUSTICES,
JUDGES,
AND
15
MAGISTRATES.
16
1.
The
salary
rates
for
judicial
officers,
other
than
17
judicial
magistrates,
in
effect
on
July
1,
2026,
as
specified
18
in
2025
Iowa
Acts,
chapter
158,
section
6,
or
a
subsequent
Act
19
of
the
general
assembly
specifying
salary
rates
for
judicial
20
officers
for
the
fiscal
year
beginning
July
1,
2026,
shall
21
be
increased
by
five
percent
effective
with
the
pay
period
22
beginning
June
18,
2027.
23
2.
Effective
with
the
pay
period
beginning
June
18,
2027,
24
the
salary
rate
for
judicial
magistrates
shall
be
forty
percent
25
of
the
salary
rate
of
a
district
associate
judge
as
adjusted
26
pursuant
to
subsection
1.
27
3.
Salary
rate
increases
required
by
this
section
shall
be
28
paid
from
moneys
appropriated
to
the
judicial
branch.
29
Sec.
37.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
30
effect
June
18,
2027.
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