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Senate
File
2401
-
Introduced
SENATE
FILE
2401
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3155)
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
TLSB
5542SV
(1)
91
lh/ns
S.F.
2401
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-
LSB
5542SV
(1)
91
lh/ns
1/
21
S.F.
2401
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-
LSB
5542SV
(1)
91
lh/ns
2/
21
S.F.
2401
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
-3-
LSB
5542SV
(1)
91
lh/ns
3/
21
S.F.
2401
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
-4-
LSB
5542SV
(1)
91
lh/ns
4/
21
S.F.
2401
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
35
-5-
LSB
5542SV
(1)
91
lh/ns
5/
21
S.F.
2401
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
35
-6-
LSB
5542SV
(1)
91
lh/ns
6/
21
S.F.
2401
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-
LSB
5542SV
(1)
91
lh/ns
7/
21
S.F.
2401
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
subsection:
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
Sec.
16.
Section
602.6404,
subsection
2,
Code
2026,
is
33
amended
to
read
as
follows:
34
2.
A
person
is
not
qualified
for
appointment
as
a
magistrate
35
-8-
LSB
5542SV
(1)
91
lh/ns
8/
21
S.F.
2401
unless
the
person
files
a
certified
application
form,
to
1
be
provided
by
the
supreme
court,
with
the
chairperson
of
2
the
county
judicial
election
district
magistrate
appointing
3
commission.
A
person
is
not
qualified
for
appointment
as
a
4
magistrate
if
at
the
time
of
appointment
the
person
has
reached
5
age
seventy-eight.
6
Sec.
17.
Section
602.6501,
Code
2026,
is
amended
to
read
as
7
follows:
8
602.6501
Composition
of
county
judicial
election
district
9
magistrate
appointing
commissions.
10
1.
A
magistrate
appointing
commission
is
established
in
11
each
county
judicial
election
district
.
The
commission
shall
12
be
composed
of
the
following
members:
13
a.
A
district
judge
designated
by
the
chief
judge
of
the
14
judicial
district
to
serve
until
a
successor
is
designated.
15
b.
Three
members
appointed
by
the
board
of
supervisors,
or
16
the
lesser
number
provided
in
section
602.6503,
subsection
1
17
One
person
from
each
county
in
the
judicial
election
district,
18
appointed
by
the
board
of
supervisors
of
the
county
.
19
c.
Two
A
number
of
attorneys
elected
by
the
attorneys
20
in
the
county,
or
the
lesser
number
provided
in
section
21
602.6504,
subsection
1
judicial
election
district
and
the
22
counties
contiguous
with
the
judicial
election
district
equal
23
to
one
fewer
than
the
number
of
persons
appointed
pursuant
to
24
paragraph
“b”
.
If
there
are
an
insufficient
number
of
attorneys
25
to
serve
on
the
commission,
the
number
of
persons
appointed
26
pursuant
to
paragraph
“b”
shall
not
be
increased
or
decreased
.
27
2.
The
clerk
of
the
district
court
administrator
or
the
28
administrator’s
designee
shall
maintain
a
permanent
record
of
29
the
name,
address,
and
term
of
office
of
each
commissioner.
30
3.
A
member
of
a
magistrate
appointing
commission
shall
31
be
reimbursed
for
actual
and
necessary
expenses
reasonably
32
incurred
in
the
performance
of
official
duties.
Reimbursements
33
are
payable
by
the
county
in
which
the
member
serves
resides
,
34
upon
certification
of
the
expenses
to
the
county
auditor
by
35
-9-
LSB
5542SV
(1)
91
lh/ns
9/
21
S.F.
2401
the
clerk
of
the
district
court.
The
district
judges
of
each
1
judicial
district
may
prescribe
rules
for
the
administration
2
of
this
subsection
.
3
Sec.
18.
Section
602.6502,
Code
2026,
is
amended
to
read
as
4
follows:
5
602.6502
Prohibitions
to
appointment.
6
A
member
of
a
county
judicial
election
district
magistrate
7
appointing
commission
shall
not
be
appointed
to
the
office
of
8
magistrate.
A
member
of
the
commission
shall
not
be
eligible
9
to
vote
for
the
appointment
or
nomination
of
a
family
member,
10
current
law
partner,
or
current
business
partner.
For
purposes
11
of
this
section
,
“family
member”
means
a
spouse,
son,
daughter,
12
brother,
sister,
uncle,
aunt,
first
cousin,
nephew,
niece,
13
father-in-law,
mother-in-law,
son-in-law,
daughter-in-law,
14
brother-in-law,
sister-in-law,
father,
mother,
stepfather,
15
stepmother,
stepson,
stepdaughter,
stepbrother,
stepsister,
16
half
brother,
or
half
sister.
17
Sec.
19.
Section
602.6503,
subsections
1
and
3,
Code
2026,
18
are
amended
to
read
as
follows:
19
1.
The
board
of
supervisors
of
each
county
in
the
judicial
20
election
district
shall
appoint
three
electors
one
person
from
21
the
county
to
the
magistrate
appointing
commission
for
the
22
county
judicial
election
district
for
six-year
terms
beginning
23
January
1,
1979
2027
,
and
each
sixth
year
thereafter.
However,
24
if
there
is
only
one
attorney
elected
pursuant
to
section
25
602.6504
,
the
county
board
of
supervisors
shall
only
appoint
26
two
commissioners,
and
if
no
attorney
is
elected,
the
board
of
27
supervisors
shall
only
appoint
one
commissioner.
28
3.
The
county
auditor
shall
certify
to
the
clerk
of
the
29
district
court
administrator
the
name,
address,
and
expiration
30
date
of
term
for
all
appointees
of
the
person
appointed
to
the
31
commission
by
the
board
of
supervisors.
32
Sec.
20.
Section
602.6504,
subsections
1,
3,
4,
and
5,
Code
33
2026,
are
amended
to
read
as
follows:
34
1.
The
resident
attorneys
of
each
county
judicial
election
35
-10-
LSB
5542SV
(1)
91
lh/ns
10/
21
S.F.
2401
district
and
the
counties
contiguous
with
the
judicial
election
1
district
shall
elect
two
resident
attorneys
of
the
county
a
2
number
of
attorneys
equal
to
one
fewer
than
the
number
of
3
persons
appointed
pursuant
to
section
602.6501,
subsection
1,
4
paragraph
“b”
,
to
the
magistrate
appointing
commission
for
5
six-year
terms
beginning
on
January
1,
1979
2027
,
and
each
6
sixth
year
thereafter.
An
election
shall
be
held
in
December
7
preceding
the
commencement
of
new
terms.
The
attorneys
in
a
8
county
may
elect
only
one
commissioner
if
If
there
is
only
one
9
are
an
insufficient
number
of
attorneys
who
is
are
qualified
10
and
willing
to
serve
and
if
there
are
no
resident
attorneys
11
in
a
county
or
none
is
willing
to
serve
as
a
commissioner,
12
none
shall
be
elected
,
the
attorneys
of
each
judicial
election
13
district
and
the
counties
contiguous
with
the
judicial
election
14
district
may
elect
a
number
of
attorneys
that
is
less
than
the
15
maximum
number
authorized
in
this
subsection
.
16
3.
An
attorney
is
eligible
to
vote
in
elections
of
17
magistrate
appointing
commissioners
within
a
county
judicial
18
election
district
or
the
counties
contiguous
with
the
judicial
19
election
district
if
eligible
to
vote
under
sections
46.7
20
and
46.8
,
and
if
a
resident
of
the
county
judicial
election
21
district
or
a
county
contiguous
with
the
judicial
election
22
district
.
23
4.
In
order
to
be
placed
on
the
ballot
for
county
a
judicial
24
election
district
magistrate
appointing
commission,
an
eligible
25
attorney
elector
shall
file
a
nomination
petition
in
the
office
26
of
the
a
clerk
of
court
in
the
district
on
or
before
November
27
30
of
the
year
in
which
the
election
for
attorney
positions
is
28
to
occur.
This
subsection
does
not
preclude
write-in
votes
at
29
the
time
of
the
election.
30
5.
When
an
election
of
magistrate
appointing
commissioners
31
is
to
be
held,
the
clerk
of
the
district
court
for
each
county
32
in
the
judicial
election
district
and
a
county
contiguous
with
33
the
judicial
election
district
shall
cause
to
be
mailed
to
34
each
eligible
attorney
a
ballot
that
is
in
substantially
the
35
-11-
LSB
5542SV
(1)
91
lh/ns
11/
21
S.F.
2401
following
form:
1
BALLOT
2
County
Judicial
Election
District
Magistrate
Appointing
3
Commission
4
To
be
cast
by
the
resident
members
of
the
bar
of
judicial
5
election
district
......
county
or
a
county
contiguous
with
6
the
judicial
election
district
.
7
Vote
for
(state
number)
for
......
county
judicial
election
8
district
magistrate
appointing
commissioner(s)
for
term
9
commencing
......
10
.........
11
.........
12
To
be
counted,
this
ballot
must
be
completed
and
mailed
or
13
delivered
to
a
clerk
of
the
district
court
in
the
judicial
14
election
district
,
........
,
or
a
county
contiguous
with
the
15
judicial
election
district,
no
later
than
December
31,
...
16
(year)
(or
the
appropriate
date
in
case
of
an
election
to
fill
17
a
vacancy).
18
Sec.
21.
Section
602.8102,
subsections
88
and
89,
Code
2026,
19
are
amended
by
striking
the
subsections.
20
Sec.
22.
Section
602.8102,
subsection
90,
Code
2026,
is
21
amended
to
read
as
follows:
22
90.
Furnish
an
individual
or
centralized
docket
for
the
23
magistrates
of
the
judicial
election
district
serving
in
the
24
county
as
provided
in
section
602.6604
.
25
Sec.
23.
Section
806.2,
Code
2026,
is
amended
to
read
as
26
follows:
27
806.2
Procedure
following
arrest.
28
If
an
arrest
is
made
in
this
state
by
an
officer
of
another
29
state
in
accordance
with
the
provisions
of
section
806.1
,
30
the
officer
shall
without
unnecessary
delay
take
the
person
31
arrested
before
a
magistrate
of
in
the
county
in
which
the
32
arrest
was
made,
who
shall
conduct
a
hearing
for
the
purpose
of
33
determining
the
lawfulness
of
the
arrest.
If
the
magistrate
34
determines
that
the
arrest
was
lawful
,
the
magistrate
shall
35
-12-
LSB
5542SV
(1)
91
lh/ns
12/
21
S.F.
2401
commit
the
person
arrested
to
await
for
a
reasonable
time
1
the
issuance
of
an
extradition
warrant
by
the
governor
of
2
this
state
or
admit
the
person
to
bail
for
such
purpose.
If
3
the
magistrate
determines
that
the
arrest
was
unlawful
,
the
4
magistrate
shall
discharge
the
person
arrested.
5
Sec.
24.
REPEAL.
Section
602.6402,
Code
2026,
is
repealed.
6
Sec.
25.
EFFECTIVE
DATE.
7
1.
Except
as
provided
in
subsection
2,
this
division
of
this
8
Act
takes
effect
November
1,
2026.
9
2.
The
section
of
this
Act
enacting
section
602.6403,
10
subsection
10,
being
deemed
of
immediate
importance,
takes
11
effect
upon
enactment.
12
DIVISION
II
13
SENIOR
MAGISTRATES
14
Sec.
26.
Section
602.1101,
Code
2026,
is
amended
by
adding
15
the
following
new
subsection:
16
NEW
SUBSECTION
.
10A.
“Senior
magistrate”
means
a
person
who
17
qualifies
as
a
senior
magistrate
under
section
602.9302.
18
Sec.
27.
Section
602.1610,
subsection
1,
Code
2026,
is
19
amended
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
c.
Notwithstanding
paragraph
“b”
,
a
judicial
21
magistrate
who
attains
the
age
of
seventy-eight
years
and
has
22
less
than
fifty
percent
of
the
magistrate’s
current
term
of
23
appointment
left
to
serve
shall
have
the
right
to
elect
to
24
serve
the
remainder
of
the
magistrate’s
current
term
but
shall
25
not
be
eligible
for
reappointment.
26
Sec.
28.
NEW
SECTION
.
602.9301
Definitions.
27
As
used
in
this
part,
unless
the
context
otherwise
requires:
28
1.
“Retired
magistrate”
means
a
magistrate
that
has
retired
29
as
a
magistrate
after
serving
not
less
than
eight
years
and
has
30
attained
the
age
of
sixty-two,
or
a
magistrate
who
has
served
31
at
least
twenty
years
prior
to
the
effective
date
of
this
32
division
of
this
Act.
“Retired
magistrate”
does
not
include
33
magistrates
who
are
seeking
reappointment.
34
2.
“Roster
of
senior
magistrates”
means
a
roster
maintained
35
-13-
LSB
5542SV
(1)
91
lh/ns
13/
21
S.F.
2401
by
the
clerk
of
the
supreme
court
under
section
602.9302,
1
subsection
5.
2
3.
“Senior
magistrate”
means
a
magistrate
who
meets
the
3
requirements
of
section
602.9302
and
who
has
not
been
retired
4
or
removed
from
the
roster
of
senior
magistrates
under
section
5
602.9305
or
602.9306.
6
4.
“Senior
magistrate
retirement
age”
means
eighty-four
7
years
of
age,
or
if
the
senior
magistrate
is
reappointed
as
8
a
senior
magistrate
for
an
additional
one-year
term
upon
9
attaining
eighty-four
years
of
age,
and
then
to
a
succeeding
10
one-year
term,
pursuant
to
section
602.9302,
eighty-six
years
11
of
age.
12
5.
“Twelve-month
period”
means
each
successive
one-year
13
period
commencing
on
the
date
a
retired
magistrate
becomes
a
14
senior
magistrate
and
while
the
magistrate
continues
to
be
a
15
senior
magistrate.
16
Sec.
29.
NEW
SECTION
.
602.9302
Senior
magistrate
17
requirements
——
appointment
and
term.
18
1.
A
magistrate
who
qualifies
under
subsection
2
may
become
19
a
senior
magistrate
by
filing
with
the
clerk
of
the
supreme
20
court
a
written
election
in
the
form
specified
by
the
supreme
21
court.
The
election
shall
be
filed
within
six
months
of
the
22
date
of
retirement.
23
2.
A
magistrate
referred
to
in
subsection
1
may
be
24
appointed,
at
the
discretion
of
the
supreme
court,
for
a
25
two-year
term
as
senior
magistrate
if
the
magistrate
meets
all
26
of
the
following
requirements:
27
a.
Retires
from
office
on
or
after
the
effective
date
of
28
this
division
of
this
Act,
regardless
of
whether
the
magistrate
29
is
of
mandatory
retirement
age.
30
b.
Agrees
in
writing
on
a
form
prescribed
by
the
supreme
31
court
to
be
available
as
long
as
the
magistrate
is
a
senior
32
magistrate
to
perform
judicial
duties
as
assigned
by
the
33
supreme
court
or
chief
judge
of
the
senior
magistrate’s
34
judicial
district
for
service
not
to
exceed
an
aggregate
period
35
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of
five
weeks
out
of
each
successive
twelve-month
period.
1
c.
Submits
evidence
to
the
satisfaction
of
the
supreme
court
2
that,
as
of
the
date
of
retirement,
the
magistrate
does
not
3
suffer
from
a
permanent
physical
or
mental
disability
which
4
would
substantially
interfere
with
the
performance
of
duties
5
agreed
to
under
paragraph
“b”
.
6
3.
Prior
to
submitting
an
application
to
become
a
senior
7
magistrate,
the
magistrate,
the
chief
judge
of
the
judicial
8
district,
the
district
court
administrator,
and
the
state
court
9
administrator
may
meet
and
discuss
the
magistrate’s
potential
10
assignment
together
with
the
scope
and
parameters
of
the
senior
11
magistrate’s
service.
If
the
magistrate
decides
to
apply
for
12
senior
magistrate,
the
magistrate
can
request
the
supreme
court
13
to
give
a
preliminary
determination
as
to
whether
the
supreme
14
court
will
approve
the
magistrate’s
application.
15
4.
The
supreme
court,
in
ruling
on
an
application
for
senior
16
magistrate,
including
reappointment
of
an
applicant
to
an
17
additional
term,
may
consider
any
of
the
following
factors:
18
a.
A
demonstration
of
the
applicant’s
willingness
and
19
ability
to
undertake
and
complete
all
assigned
work
during
the
20
applicant’s
service
as
a
senior
magistrate.
21
b.
A
recommendation
of
the
chief
judge
and
court
22
administrator
made
in
consultation
with
other
judges
from
23
the
judicial
election
district
where
the
applicant
served
as
24
magistrate.
25
c.
The
Iowa
state
bar
association’s
most
recent
judicial
26
performance
review
for
the
applicant.
27
d.
The
applicant’s
monthly
reports
submitted
pursuant
to
28
Iowa
court
rule
22.10.
29
e.
The
applicant’s
agreement
to
perform
duties
as
scheduled
30
and
assigned
by
the
chief
judge
of
the
judicial
district
or
by
31
the
state
court
administrator.
32
f.
The
applicant’s
plans,
if
any,
to
regularly
spend
time
33
or
reside
out
of
state.
34
g.
The
applicant’s
work
or
plans
to
work
as
an
attorney,
35
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or
as
a
mediator,
arbitrator,
or
provider
of
other
alternative
1
dispute
resolution
services.
2
5.
The
clerk
of
the
supreme
court
shall
maintain
a
book
3
entitled
“Roster
of
Senior
Magistrates”,
and
shall
enter
4
in
the
book
the
name
of
each
magistrate
who
files
a
timely
5
election
under
subsection
1,
qualifies
under
subsection
2,
6
and
is
appointed
by
the
supreme
court.
A
person
shall
be
a
7
senior
magistrate
upon
entry
of
the
person’s
name
in
the
roster
8
of
senior
magistrates
and
until
the
person
becomes
a
retired
9
senior
magistrate
as
provided
in
section
602.9305,
or
until
the
10
person’s
name
is
stricken
from
the
roster
of
senior
magistrates
11
as
provided
in
section
602.9306,
or
until
the
person
dies.
12
6.
a.
A
senior
magistrate
may
be
reappointed
to
additional
13
two-year
terms,
at
the
discretion
of
the
supreme
court,
if
the
14
judicial
officer
meets
the
requirements
of
subsection
2.
15
b.
A
senior
magistrate
may
be
reappointed
to
a
one-year
term
16
upon
attaining
eighty-four
years
of
age
and
to
a
succeeding
17
one-year
term,
at
the
discretion
of
the
supreme
court,
if
the
18
judicial
officer
meets
the
requirements
of
subsection
2.
19
Sec.
30.
NEW
SECTION
.
602.9303
Senior
magistrate
salaries.
20
1.
A
magistrate
who
retires
on
or
after
the
effective
date
21
of
this
division
of
this
Act,
and
who
is
appointed
a
senior
22
magistrate
under
section
602.9302,
shall
be
paid
a
salary
as
23
determined
by
the
general
assembly.
24
2.
The
senior
magistrate
shall
be
reimbursed
for
costs
for
25
which
actively
serving
magistrates
are
reimbursed
at
the
same
26
rate.
27
3.
The
state
shall
provide
and
pay
for
medical
insurance
28
for
senior
magistrates
at
the
same
rate
as
is
applicable
to
29
actively
serving
magistrates.
A
senior
magistrate
who
elects
30
to
participate
in
medical
insurance
through
the
judicial
branch
31
shall
make
appropriate
arrangements
for
the
payment
of
the
32
senior
magistrate’s
share
of
medical
insurance
costs.
33
Sec.
31.
NEW
SECTION
.
602.9304
Practice
of
law.
34
A
senior
magistrate
may
practice
law
as
provided
under
the
35
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Iowa
code
of
judicial
conduct.
1
Sec.
32.
NEW
SECTION
.
602.9305
Retirement
of
senior
2
magistrate.
3
A
senior
magistrate
shall
cease
to
be
a
senior
magistrate
4
upon
completion
of
the
twelve-month
period
during
which
the
5
magistrate
attains
senior
magistrate
retirement
age.
The
clerk
6
of
the
supreme
court
shall
make
a
notation
of
the
retirement
7
of
a
senior
magistrate
in
the
roster
of
senior
magistrates,
at
8
which
time
the
senior
magistrate
shall
become
a
retired
senior
9
magistrate.
10
Sec.
33.
NEW
SECTION
.
602.9306
Relinquishment
of
status
as
11
senior
magistrate
——
removal
for
cause.
12
1.
A
senior
magistrate,
at
any
time
prior
to
the
end
of
13
the
twelve-month
period
during
which
the
magistrate
attains
14
senior
magistrate
retirement
age,
may
submit
to
the
clerk
of
15
the
supreme
court
a
written
request
that
the
magistrate’s
name
16
be
stricken
from
the
roster
of
senior
magistrates.
Upon
the
17
receipt
of
the
request,
the
clerk
shall
strike
the
name
of
the
18
person
from
the
roster
of
senior
magistrates,
at
which
time
the
19
person
shall
cease
to
be
a
senior
magistrate.
20
2.
A
senior
magistrate
is
subject
to
removal
under
article
21
2,
part
1,
for
the
causes
specified
in
section
602.2106,
22
subsection
3,
paragraph
“a”
.
When
a
person
is
removed
as
a
23
senior
magistrate
as
provided
in
this
subsection,
the
clerk
of
24
the
supreme
court
shall
strike
the
name
of
the
person
from
the
25
roster
of
senior
magistrates,
at
which
time
the
person
shall
26
cease
to
be
a
senior
magistrate.
27
Sec.
34.
NEW
SECTION
.
602.9307
Rules.
28
The
supreme
court
shall
prescribe
rules
to
implement
this
29
part.
30
Sec.
35.
2025
Iowa
Acts,
chapter
158,
section
6,
subsection
31
2,
is
amended
by
adding
the
following
new
paragraph:
32
NEW
PARAGRAPH
.
l.
Each
senior
magistrate:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,234
34
DIVISION
III
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JUDICIAL
OFFICER
SALARIES
1
Sec.
36.
SALARIES
——
STATE
COURT
JUSTICES,
JUDGES,
AND
2
MAGISTRATES.
3
1.
The
salary
rates
for
judicial
officers,
other
than
4
judicial
magistrates,
in
effect
on
July
1,
2026,
as
specified
5
in
2025
Iowa
Acts,
chapter
158,
section
6,
or
a
subsequent
Act
6
of
the
general
assembly
specifying
salary
rates
for
judicial
7
officers
for
the
fiscal
year
beginning
July
1,
2026,
shall
8
be
increased
by
five
percent
effective
with
the
pay
period
9
beginning
June
18,
2027.
10
2.
Effective
with
the
pay
period
beginning
June
18,
2027,
11
the
salary
rate
for
judicial
magistrates
shall
be
forty
percent
12
of
the
salary
rate
of
a
district
associate
judge
as
adjusted
13
pursuant
to
subsection
1.
14
3.
Salary
rate
increases
required
by
this
section
shall
be
15
paid
from
moneys
appropriated
to
the
judicial
branch.
16
Sec.
37.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
17
effect
June
18,
2027.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
judicial
officers,
including
22
magistrate
appointments
in
judicial
election
districts,
senior
23
magistrates,
and
judicial
officer
compensation.
24
MAGISTRATES
APPOINTED
IN
JUDICIAL
ELECTION
DISTRICTS.
The
25
bill
provides
for
the
appointment
and
service
of
magistrates
26
in
judicial
election
districts
rather
than
individual
counties
27
and
makes
conforming
changes.
28
The
bill
changes
county
judicial
magistrate
appointing
29
commissions
to
judicial
election
district
magistrate
appointing
30
commissions,
provides
for
appointment
to
such
commissions,
31
and
provides
for
commission
appointee
certification
to
32
and
maintenance
of
appointee
records
by
district
court
33
administrators
rather
than
clerks
of
district
court.
The
bill
34
alters
the
composition
of
a
commission
to
include
a
district
35
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2401
judge
designated
by
the
chief
judge
of
the
judicial
district,
1
one
person
from
each
county
in
the
judicial
election
district
2
appointed
by
the
board
of
supervisors
of
the
county,
and
a
3
number
of
attorneys
elected
by
the
attorneys
in
the
judicial
4
election
district
and
the
counties
contiguous
with
the
judicial
5
election
district
equal
to
one
fewer
than
the
number
of
persons
6
appointed
by
the
boards
of
supervisors.
Under
current
law
and
7
the
bill,
boards
of
supervisors
are
prohibited
from
appointing
8
an
attorney
or
an
active
law
enforcement
officer
to
serve
as
a
9
commissioner,
and
attorneys
are
prohibited
from
appointing
a
10
county
attorney
as
a
commissioner.
11
Current
law
allows
the
chief
judge
of
a
judicial
district,
by
12
order
of
substitution,
to
appoint
a
district
associate
judge
13
in
lieu
of
magistrates,
subject
to
certain
limitations.
The
14
bill
eliminates
the
limitations
that
the
county
or
counties
15
to
which
the
district
associate
judge
is
to
be
appointed
16
must
have
an
apportionment
of
three
or
more
magistrates,
and
17
that
the
substitution
must
not
result
in
the
absence
of
a
18
resident
district
associate
judge
or
magistrate
in
one
or
more
19
counties.
The
bill
also
eliminates
requirements
that
district
20
associate
judges
substituted
for
magistrates,
or
vice
versa,
21
be
substituted
at
a
ratio
of
three
magistrates
to
one
district
22
associate
judge.
23
The
bill
strikes
the
requirement
that
206
magistrates
be
24
apportioned
among
the
counties
and
instead
requires
that
the
25
supreme
court
prescribe
a
formula
to
determine
the
number
of
26
magistrates
who
will
serve
in
each
judicial
election
district.
27
The
state
court
administrator
must
apply
the
prescribed
formula
28
when
calculating
and
apportioning
magistrates
among
judicial
29
election
districts.
The
bill
strikes
the
requirement
that
each
30
county
be
allotted
at
least
one
resident
magistrate.
31
Under
current
law,
a
county
magistrate
appointing
commission
32
may
prescribe
the
contents
of
a
magistrate
application
in
33
addition
to
any
application
provided
by
the
supreme
court.
The
34
bill
provides
that
only
the
supreme
court
shall
prescribe
the
35
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contents
of
a
magistrate
application.
The
bill
strikes
the
1
requirement
that
public
notice
of
a
magistrate
vacancy
must
be
2
published
in
at
least
two
publications
in
all
official
county
3
newspapers
in
the
county.
4
If
a
magistrate
vacancy
cannot
be
filled,
the
bill
5
authorizes
the
chief
judge
of
the
judicial
district
to
assign
6
a
magistrate
from
a
county
within
the
judicial
district
to
7
serve
the
remainder
of
the
term
in
the
county
of
the
vacancy,
8
in
addition
to
the
county
where
the
magistrate
is
appointed,
9
provided
that
the
combined
weighted
workload
does
not
exceed
33
10
percent
of
a
full-time
position.
This
provision
of
the
bill
11
takes
effect
upon
enactment
and
is
repealed
August
1,
2027.
12
The
bill
requires
magistrate
appointing
commission
member
13
reimbursements
to
be
paid
by
the
county
where
the
member
14
resides
instead
of
the
county
where
the
member
serves.
15
The
bill
repeals
Code
section
602.6402,
which
allows
16
the
county
magistrate
appointing
commission
to
appoint
an
17
additional
magistrate
to
a
county
with
only
one
magistrate.
18
Except
as
otherwise
provided,
this
division
of
the
bill
19
takes
effect
November
1,
2026.
20
SENIOR
MAGISTRATES.
The
bill
provides
that
a
magistrate
21
who
attains
the
age
of
78
and
has
less
than
50
percent
of
the
22
magistrate’s
current
term
remaining
may
elect
to
serve
the
23
remainder
of
the
term
but
is
not
eligible
for
reappointment.
24
The
bill
establishes
requirements
for
senior
magistrate
25
status,
appointment,
and
terms
of
service.
A
senior
magistrate
26
may
be
appointed
at
the
discretion
of
the
supreme
court
within
27
six
months
of
retirement
after
filing
the
appropriate
form
and
28
meeting
specified
requirements,
including
retirement
on
or
29
after
July
1,
2026;
agreement
to
be
available
for
service
not
30
exceeding
five
weeks
in
each
successive
12-month
period;
and
31
submission
of
evidence
that
the
magistrate
does
not
suffer
from
32
a
permanent
physical
or
mental
disability
that
would
interfere
33
with
the
performance
of
judicial
duties.
34
The
bill
sets
forth
factors
for
the
supreme
court
to
consider
35
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2401
when
ruling
on
an
application
for
senior
magistrate
status.
1
The
bill
requires
the
clerk
of
the
supreme
court
to
maintain
a
2
roster
of
senior
magistrates
and
authorizes
the
reappointment
3
of
senior
magistrates
to
additional
two-year
terms,
as
well
4
as
two
one-year
terms
upon
attaining
84
years
of
age,
at
the
5
discretion
of
the
supreme
court.
6
The
bill
provides
for
senior
magistrate
compensation
and
7
medical
insurance
coverage
through
the
judicial
branch.
8
The
bill
requires
a
senior
magistrate
to
retire
upon
9
completion
of
the
12-month
period
during
which
the
magistrate
10
attains
84
or
86
years
of
age,
as
applicable,
and
requires
11
the
clerk
of
the
supreme
court
to
record
the
retirement
in
12
the
roster
of
senior
magistrates.
The
bill
also
establishes
13
procedures
for
voluntary
relinquishment
of
senior
magistrate
14
status
and
removal
for
cause.
15
JUDICIAL
OFFICER
SALARIES.
The
bill
increases
the
salaries
16
of
judicial
officers,
other
than
judicial
magistrates,
in
17
effect
on
July
1,
2026,
by
5
percent
effective
with
the
18
pay
period
beginning
June
18,
2027.
Salaries
for
judicial
19
magistrates
are
increased
to
40
percent
of
the
salary
of
a
20
district
associate
judge.
21
This
division
of
the
bill
takes
effect
June
18,
2027.
22
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