Bill Text: IA HF2338 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the apportionment of district associate judges.(Formerly HSB 591.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-03-17 - Placed on calendar under unfinished business. S.J. 552. [HF2338 Detail]
Download: Iowa-2021-HF2338-Introduced.html
House
File
2338
-
Introduced
HOUSE
FILE
2338
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
591)
(COMPANION
TO
SF
2241
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
the
apportionment
of
district
associate
1
judges.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2338
Section
1.
Section
602.6301,
Code
2022,
is
amended
to
read
1
as
follows:
2
602.6301
Number
and
apportionment
of
district
associate
3
judges.
4
1.
There
shall
be
one
district
associate
judge
in
counties
5
having
a
population
of
more
than
thirty-five
thousand
and
less
6
than
eighty
thousand;
two
in
counties
having
a
population
of
7
eighty
thousand
or
more
and
less
than
one
hundred
twenty-five
8
thousand;
three
in
counties
having
a
population
of
one
9
hundred
twenty-five
thousand
or
more
and
less
than
one
hundred
10
seventy
thousand;
four
in
counties
having
a
population
of
one
11
hundred
seventy
thousand
or
more
and
less
than
two
hundred
12
fifteen
thousand;
five
in
counties
having
a
population
of
two
13
hundred
fifteen
thousand
or
more
and
less
than
two
hundred
14
sixty
thousand;
six
in
counties
having
a
population
of
two
15
hundred
sixty
thousand
or
more
and
less
than
three
hundred
16
five
thousand;
seven
in
counties
having
a
population
of
three
17
hundred
five
thousand
or
more
and
less
than
three
hundred
18
fifty
thousand;
eight
in
counties
having
a
population
of
three
19
hundred
fifty
thousand
or
more
and
less
than
three
hundred
20
ninety-five
thousand;
nine
in
counties
having
a
population
of
21
three
hundred
ninety-five
thousand
or
more
and
less
than
four
22
hundred
forty
thousand;
ten
in
counties
having
a
population
of
23
four
hundred
forty
thousand
or
more
and
less
than
four
hundred
24
eighty-five
thousand;
and
one
additional
judge
for
every
25
population
increment
of
thirty-five
thousand
which
is
over
26
four
hundred
eighty-five
thousand
in
such
counties.
However,
27
a
county
shall
not
lose
a
district
associate
judgeship
solely
28
because
of
a
reduction
in
the
county’s
population.
If
the
29
formula
provided
in
this
section
results
in
the
allocation
30
of
an
additional
district
associate
judgeship
to
a
county,
31
implementation
of
the
allocation
shall
be
subject
to
prior
32
approval
of
the
supreme
court
and
availability
of
funds
to
the
33
judicial
branch.
The
supreme
court
shall
prescribe,
subject
34
to
the
restrictions
of
this
section,
a
formula
to
determine
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the
number
of
district
associate
judges
who
will
serve
in
each
1
judicial
election
district.
The
formula
shall
be
based
upon
2
a
model
that
measures
and
applies
an
estimated
case-related
3
workload
formula
of
judicial
officers,
and
shall
account
for
4
administrative
duties,
travel
time,
and
other
judicial
duties
5
not
related
to
a
specific
case.
A
district
associate
judge
6
appointed
pursuant
to
section
602.6302
or
602.6307
shall
not
7
be
counted
for
purposes
of
this
section
and
the
reduction
of
8
a
district
associate
judge
pursuant
to
section
602.6303
also
9
shall
not
be
counted
for
purposes
of
this
section
.
10
2.
For
purposes
of
this
section,
a
vacancy
means
the
death,
11
resignation,
retirement,
or
removal
of
a
district
associate
12
judge,
or
the
failure
of
a
district
associate
judge
to
be
13
retained
in
office
at
the
judicial
election,
or
an
increase
in
14
judgeships
under
the
formula
prescribed
in
subsection
1.
15
3.
In
those
judicial
election
districts
having
more
16
district
associate
judges
than
the
number
of
judgeships
17
specified
by
the
formula
prescribed
in
subsection
1,
vacancies
18
shall
not
be
filled.
19
4.
In
those
judicial
election
districts
having
fewer
or
20
the
same
number
of
district
associate
judges
as
the
number
of
21
judgeships
specified
by
the
formula
prescribed
in
subsection
1,
22
vacancies
in
the
number
of
district
associate
judges
shall
be
23
filled
as
the
vacancies
occur.
24
5.
In
those
judicial
districts
that
contain
more
than
one
25
judicial
election
district,
a
vacancy
in
a
judicial
election
26
district
shall
not
be
filled
if
the
total
number
of
district
27
associate
judges
in
all
judicial
election
districts
within
28
the
judicial
district
equals
or
exceeds
the
aggregate
number
29
of
judgeships
to
which
all
of
the
judicial
election
districts
30
of
the
judicial
district
are
authorized
by
the
formula
in
31
subsection
1.
32
6.
An
incumbent
district
associate
judge
shall
not
be
33
removed
from
office
because
of
a
reduction
in
the
number
of
34
authorized
judgeships
specified
by
the
formula
prescribed
in
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subsection
1.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
apportionment
of
district
associate
5
judges.
The
bill
provides
a
new
formula
to
be
prescribed
6
when
appointing
judges
based
upon
a
weighted
workload.
Under
7
current
law,
district
associate
judges
are
apportioned
based
8
upon
county
population.
The
bill
defines
the
term
“vacancy”
9
to
mean
the
death,
resignation,
retirement,
or
removal
of
10
a
district
associate
judge,
or
the
failure
of
a
district
11
associate
judge
to
be
retained
in
office
at
the
judicial
12
election,
or
an
increase
in
judgeships.
13
The
bill
provides
that
in
districts
that
currently
have
more
14
district
associate
judges
than
the
new
formulas
prescribed,
15
vacancies
shall
not
be
filled
and
incumbents
shall
not
16
be
removed
because
of
a
reduction
in
number
of
authorized
17
judgeships,
while
districts
having
fewer
or
the
same
shall
18
fill
vacancies
as
they
occur.
In
judicial
districts
that
19
contain
more
than
one
judicial
election
district,
a
vacancy
in
20
a
judicial
election
district
shall
not
be
filled
if
the
total
21
number
of
district
associate
judges
in
all
judicial
election
22
districts
within
the
judicial
district
equals
or
exceeds
the
23
aggregate
number
of
judgeships
to
which
all
of
the
judicial
24
election
districts
of
the
judicial
district
are
authorized.
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