Senate Study Bill 1201 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED JUDICIAL BRANCH BILL) A BILL FOR An Act relating to magistrate judges, and including effective 1 date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1372XD (9) 91 cm/ns
S.F. _____ H.F. _____ Section 1. Section 602.6302, subsection 1, paragraph b, 1 Code 2025, is amended to read as follows: 2 b. The substitution must not result in a lack of a resident 3 at least one district associate judge or magistrate in one 4 or more of the counties appointed to serve each county . A 5 district associate judge appointed in lieu of a magistrate may 6 be appointed to serve more than one county. 7 Sec. 2. Section 602.6401, subsections 1, 2, and 3, Code 8 2025, are amended to read as follows: 9 1. Two hundred six magistrates shall be apportioned 10 among the counties as provided in this section . Magistrates 11 appointed pursuant to section 602.6303 or 602.6402 shall not 12 be counted for purposes of this section The supreme court 13 shall prescribe a formula for the state court administrator 14 to determine the number of magistrates who will serve in each 15 judicial election district, pursuant to subsection 2. The 16 formula must be based on a model that measures and applies an 17 estimated case-related workload formula of magistrates, and 18 must account for administrative duties, travel time, on-call 19 time, and other judicial duties not related to a specific case . 20 2. By February of each year in which magistrates terms 21 expire, the state court administrator shall apportion 22 magistrate offices among the counties in accordance with the 23 following criteria: 24 a. The existence of either permanent, temporary, or seasonal 25 populations not included in the current census figures. 26 b. The geographical area to be served. 27 c. Any inordinate number of cases over which magistrates 28 have jurisdiction that were pending at the end of the preceding 29 year. 30 d. The number and types of juvenile proceedings handled by 31 district associate judges apply the formula prescribed pursuant 32 to subsection 1 to calculate the number of magistrates and 33 apportion magistrates among the judicial districts . 34 3. Notwithstanding subsection 2 , each county shall be 35 -1- LSB 1372XD (9) 91 cm/ns 1/ 5
S.F. _____ H.F. _____ allotted at least one resident magistrate shall be appointed to 1 serve each county. A magistrate may be appointed to serve more 2 than one county . 3 Sec. 3. Section 602.6403, subsections 1, 2, 3, 5, 7, and 9, 4 Code 2025, are amended to read as follows: 5 1. By June 1 of each year in which magistrates terms 6 expire, the county magistrate appointing commission or 7 commissions shall appoint, except as otherwise provided in 8 section 602.6302 , the number of magistrates apportioned to the 9 county by the state court administrator under section 602.6401 , 10 shall appoint the number of magistrates required pursuant to 11 substitution orders in effect under section 602.6303 , and 12 may appoint an additional magistrate when allowed by section 13 602.6402 . The commission shall not appoint more magistrates 14 than are authorized for the county by this article In the 15 case of a magistrate to be appointed in more than one county, 16 the appointment shall be from persons nominated by the county 17 magistrate appointing commission of each county acting jointly . 18 2. The magistrate appointing commission for each county 19 supreme court shall prescribe the contents of an application , 20 in addition to any application form provided by the supreme 21 court, for an appointment pursuant to this section . The 22 commission or commissions shall publicize notice of any vacancy 23 to be filled in at least two publications in all official 24 county newspapers in the county or counties of appointment . 25 The commission or commissions shall accept applications for a 26 minimum of fifteen days prior to making an appointment, and 27 shall make available during that period of time any printed 28 application forms the commission prescribes. 29 3. Within thirty days following receipt of notification 30 of a vacancy in the office of magistrate, the commission or 31 commissions shall appoint a person to the office to serve the 32 remainder of the unexpired term. For purposes of this section , 33 vacancy vacancy means a death, resignation, retirement, 34 or removal of a magistrate, or an increase in the number of 35 -2- LSB 1372XD (9) 91 cm/ns 2/ 5
S.F. _____ H.F. _____ positions authorized. 1 5. The commission or commissions shall promptly certify the 2 names and addresses of appointees to the clerk of the district 3 court and to the chief judge of the judicial district. The 4 clerk of the district court shall certify to the state court 5 administrator the names and addresses of these appointees. 6 7. Before the commencement of the term of a magistrate, the 7 members of the magistrate appointing commission or commissions 8 may reconsider the appointment. Written notification of the 9 reasons for reconsideration and time and place for the meeting 10 must be sent to the magistrate appointee and the clerk of the 11 district court. The commission or commissions may reconvene 12 and decertify the magistrate appointee for good cause. 13 Notice of the decertification and a statement of the reasons 14 justifying the decertification shall be promptly sent to the 15 clerk of the district court, the chief judge of the judicial 16 district, and the state court administrator. 17 9. A magistrate who seeks to resign from the office of 18 magistrate shall notify in writing the chief judge of the 19 judicial district as to the magistrates intention to resign 20 and the effective date of the resignation. The chief judge of 21 the judicial district, upon receipt of the notice, shall notify 22 the county magistrate appointing commission or commissions and 23 the state court administrator of the vacancy in the office of 24 magistrate due to resignation. 25 Sec. 4. Section 602.6403, Code 2025, is amended by adding 26 the following new subsections: 27 NEW SUBSECTION . 10. a. Notwithstanding section 602.6401, 28 subsection 3, if a vacancy occurs as described in subsection 29 3 of this section, that cannot be filled, the chief judge of 30 the judicial district shall assign a magistrate from one county 31 within the judicial election district to serve the remainder of 32 the unexpired term in the county in which the vacancy exists, 33 in addition to the county to which the magistrate is appointed, 34 if the combined weighted workload of the two counties does 35 -3- LSB 1372XD (9) 91 cm/ns 3/ 5
S.F. _____ H.F. _____ not exceed thirty-one percent of a full-time position, on a 1 continuing basis if need be, in order to handle the judicial 2 business in all counties promptly and efficiently at all times. 3 b. This subsection is repealed January 1, 2029. 4 NEW SUBSECTION . 11. a. Notwithstanding section 602.6401, 5 subsection 3, the magistrate assigned pursuant to subsection 6 10 shall be a resident of the judicial election district or 7 a resident of a county contiguous to the judicial election 8 district during the magistrates term of office, in accordance 9 with section 602.6404, subsection 1. 10 b. This subsection is repealed January 1, 2029. 11 Sec. 5. Section 602.6404, subsection 1, Code 2025, is 12 amended to read as follows: 13 1. A magistrate shall be a resident of the county of 14 appointment judicial election district or a resident of 15 a county contiguous to the county of appointment judicial 16 election district during the magistrates term of office. 17 A magistrate shall serve within the judicial district in 18 which appointed, as directed by the chief judge, provided 19 that the chief judge may assign a magistrate to hold court 20 outside of the county or counties of appointment for the 21 orderly administration of justice. A magistrate is subject to 22 reassignment under section 602.6108 . 23 Sec. 6. EFFECTIVE DATE. The following take effect January 24 1, 2029: 25 1. The section of this Act amending section 602.6401. 26 2. The section of this Act amending section 602.6403, 27 subsections 1, 2, 3, 5, 7, and 9. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanations substance by the members of the general assembly. 31 This bill relates to magistrate judges. 32 Under current law, a substitution of a district associate 33 judge for a magistrate must not result in lack of a resident 34 district associate judge or magistrate in one or more of the 35 -4- LSB 1372XD (9) 91 cm/ns 4/ 5
S.F. _____ H.F. _____ counties. Under the bill, the substitution must not result in 1 a lack of at least one district associate judge or magistrate 2 appointed to serve each county. A district associate judge is 3 allowed to be appointed to serve in more than one county. 4 In addition, the bill allows a magistrate to be appointed to 5 serve in more than one county. If a magistrate is appointed 6 in more than one county, the appointment shall be made jointly 7 from persons nominated by the county magistrate appointing 8 commission of each county, with each commission following the 9 procedures set forth under current law. The bill strikes a 10 prohibition on appointing more magistrates than are authorized 11 for a county. The bill requires the supreme court to prescribe 12 a new formula for apportioning magistrates based on an 13 estimated case-related workload and to create the application 14 to become a magistrate. Under current law, the magistrate 15 appointing commission for each county creates the application 16 in addition to any form provided by the supreme court. These 17 magistrate provisions take effect January 1, 2029. 18 Until January 1, 2029, if a magistrate vacancy occurs, the 19 bill allows the chief judge of a judicial district to assign a 20 magistrate to a county in the same judicial election district 21 to the vacant magistrate position if the position cannot be 22 filled by normal appointment and if the combined weighted 23 workload of the two counties does not exceed 31 percent of a 24 full-time position. 25 Under current law, a magistrate is required to be a resident 26 of the county of appointment or a resident in a county 27 contiguous to the county of appointment. Under the bill, a 28 magistrate is instead required to be a resident of the judicial 29 election district or a county contiguous to the judicial 30 election district. 31 -5- LSB 1372XD (9) 91 cm/ns 5/ 5