Bill Text: IA HSB260 | 2025-2026 | 91st General Assembly | Introduced
Bill Title: A bill for an act relating to magistrate judges, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced) 2025-02-27 - Subcommittee Meeting: 03/03/2025 11:30AM House Lounge 2. [HSB260 Detail]
Download: Iowa-2025-HSB260-Introduced.html
House
Study
Bill
260
-
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
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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
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LSB
1372XD
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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
magistrate’s
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
magistrate’s
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
magistrate’s
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
explanation’s
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
