Bill Text: IA SF469 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to magistrate judges.(Formerly SSB 1163.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2024-02-22 - Subcommittee recommends passage. Vote Total: 3-0. [SF469 Detail]
Download: Iowa-2023-SF469-Introduced.html
Senate
File
469
-
Introduced
SENATE
FILE
469
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1163)
A
BILL
FOR
An
Act
relating
to
magistrate
judges.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
2075SV
(1)
90
cm/ns
S.F.
469
Section
1.
Section
602.1101,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
9A.
“Senior
magistrate”
means
a
person
who
3
qualifies
as
a
senior
magistrate
under
article
9,
part
3.
4
Sec.
2.
Section
602.1610,
subsection
1,
Code
2023,
is
5
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
d.
Notwithstanding
paragraph
“c”
,
a
judicial
7
magistrate
who
attains
the
age
of
seventy-two
years
and
has
8
less
than
fifty
percent
of
the
magistrate’s
current
term
of
9
appointment
left
to
serve
shall
have
the
right
to
elect
to
10
serve
the
remainder
of
the
magistrate’s
current
term
but
shall
11
not
be
eligible
for
reappointment.
12
Sec.
3.
NEW
SECTION
.
602.9301
Short
title.
13
This
part
may
be
cited
and
referred
to
as
the
“Iowa
Senior
14
Magistrate
Act”
.
15
Sec.
4.
NEW
SECTION
.
602.9302
Definitions.
16
As
used
in
this
part,
unless
the
context
otherwise
requires:
17
1.
“Retired
magistrate”
means
a
magistrate
that
has
retired
18
as
a
magistrate
after
serving
not
less
than
eight
years
and
has
19
attained
the
age
of
fifty-five.
“Retired
magistrate”
does
not
20
include
magistrates
who
are
seeking
reappointment.
21
2.
“Roster
of
senior
magistrates”
means
a
roster
maintained
22
by
the
clerk
of
the
supreme
court
under
section
602.9304,
23
subsection
3.
24
3.
“Senior
magistrate”
means
a
magistrate
who
meets
the
25
requirements
of
section
602.9304
and
who
has
not
been
retired
26
or
removed
from
the
roster
of
senior
magistrates
under
section
27
602.9307
or
602.9308.
28
4.
“Senior
magistrate
retirement
age”
means
seventy-eight
29
years
of
age,
or
if
the
senior
magistrate
is
reappointed
as
30
a
senior
magistrate
for
an
additional
one-year
term
upon
31
attaining
seventy-eight
years
of
age,
and
then
to
a
succeeding
32
one-year
term,
pursuant
to
section
602.9304,
eighty
years
of
33
age.
34
5.
“Twelve-month
period”
means
each
successive
one-year
35
-1-
LSB
2075SV
(1)
90
cm/ns
1/
6
S.F.
469
period
commencing
on
the
date
a
retired
magistrate
becomes
a
1
senior
magistrate
and
while
the
magistrate
continues
to
be
a
2
senior
magistrate.
3
Sec.
5.
NEW
SECTION
.
602.9303
Qualifications
——
service.
4
1.
A
senior
magistrate
shall
be
a
resident
of
the
judicial
5
district
of
appointment
during
the
senior
magistrate’s
term
of
6
office.
7
2.
A
senior
magistrate
shall
serve
only
within
the
judicial
8
district
in
which
the
senior
magistrate
is
appointed.
9
3.
A
senior
magistrate
shall
serve
on
a
per
diem
basis
10
as
directed
by
the
chief
judge
of
the
judicial
district
of
11
appointment
for
the
orderly
administration
of
justice
in
order
12
to
provide
actively
serving
magistrates
with
time
off
from
13
their
regular
service.
Actively
serving
magistrates
shall
not
14
receive
coverage
for
time
off
under
this
section
for
more
than
15
nine
consecutive
days
in
a
twelve-month
period
unless
a
greater
16
number
is
approved
by
the
chief
judge
of
the
judicial
district
17
of
appointment.
18
4.
A
senior
magistrate
shall
not
serve
more
than
sixty
days
19
in
each
twelve-month
period.
20
Sec.
6.
NEW
SECTION
.
602.9304
Senior
magistrate
21
requirements
——
appointment
and
term.
22
1.
A
magistrate
who
qualifies
under
subsection
2
may
become
23
a
senior
magistrate
by
filing
with
the
clerk
of
the
supreme
24
court
a
written
election
in
the
form
specified
by
the
supreme
25
court.
The
election
shall
be
filed
within
six
months
of
the
26
date
of
retirement.
27
2.
A
magistrate
referred
to
in
subsection
1
may
be
28
appointed,
at
the
discretion
of
the
supreme
court,
for
a
29
two-year
term
as
senior
magistrate
if
the
magistrate
meets
all
30
of
the
following
requirements:
31
a.
Retires
from
office
on
or
after
July
1,
2022,
regardless
32
of
whether
the
magistrate
is
of
mandatory
retirement
age.
33
b.
Agrees
in
writing
on
a
form
prescribed
by
the
supreme
34
court
to
be
available
as
long
as
the
magistrate
is
a
senior
35
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2075SV
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cm/ns
2/
6
S.F.
469
magistrate
to
perform
judicial
duties
as
assigned
by
the
1
supreme
court
or
chief
judge
of
the
senior
magistrate’s
2
judicial
district
for
service
not
to
exceed
an
aggregate
period
3
of
sixty
days
out
of
each
successive
twelve-month
period.
4
c.
Submits
evidence
to
the
satisfaction
of
the
supreme
court
5
that,
as
of
the
date
of
retirement,
the
magistrate
does
not
6
suffer
from
a
permanent
physical
or
mental
disability
which
7
would
substantially
interfere
with
the
performance
of
duties
8
agreed
to
under
paragraph
“b”
.
9
3.
The
clerk
of
the
supreme
court
shall
maintain
a
book
10
entitled
“Roster
of
Senior
Magistrates”,
and
shall
enter
in
the
11
book
the
name
of
each
magistrate
who
files
a
timely
election
12
under
subsection
1
and
qualifies
under
subsection
2.
A
person
13
shall
be
a
senior
magistrate
upon
entry
of
the
person’s
name
in
14
the
roster
of
senior
magistrates
and
until
the
person
becomes
15
a
retired
senior
magistrate
as
provided
in
section
602.9307,
16
or
until
the
person’s
name
is
stricken
from
the
roster
of
17
senior
magistrates
as
provided
in
section
602.9308,
or
until
18
the
person
dies.
19
4.
The
supreme
court
shall
cause
each
senior
magistrate
20
on
the
roster
to
actually
perform
judicial
duties
during
each
21
successive
twelve-month
period.
22
5.
a.
A
senior
magistrate
may
be
reappointed
to
additional
23
two-year
terms,
at
the
discretion
of
the
supreme
court,
if
the
24
judicial
officer
meets
the
requirements
of
subsection
2.
25
b.
A
senior
magistrate
may
be
reappointed
to
a
one-year
term
26
upon
attaining
seventy-eight
years
of
age
and
to
a
succeeding
27
one-year
term,
at
the
discretion
of
the
supreme
court,
if
the
28
judicial
officer
meets
the
requirements
of
subsection
2.
29
Sec.
7.
NEW
SECTION
.
602.9305
Senior
magistrate
salaries.
30
1.
A
magistrate
who
retires
on
or
after
July
1,
2022,
and
31
who
is
appointed
a
senior
magistrate
under
section
602.9304
32
shall
be
paid
a
per
diem
rate
as
determined
by
the
general
33
assembly.
Except
as
provided
in
subsection
2,
such
per
34
diem
pay
shall
be
the
only
compensation
paid
to
the
senior
35
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2075SV
(1)
90
cm/ns
3/
6
S.F.
469
magistrate.
1
2.
The
senior
magistrate
shall
be
reimbursed
for
costs
for
2
which
actively
serving
magistrates
are
reimbursed
at
the
same
3
rate.
4
3.
The
state
shall
provide,
regardless
of
age,
to
an
active
5
senior
magistrate,
and
pay
for,
medical
insurance
until
the
6
magistrate
attains
senior
magistrate
retirement
age
at
the
7
same
rate
as
is
applicable
to
actively
serving
magistrates.
8
A
senior
magistrate
who
elects
to
participate
in
medical
9
insurance
through
the
judicial
branch
shall
make
appropriate
10
arrangements
for
the
payment
of
the
senior
magistrate’s
share
11
of
medical
insurance
costs.
12
Sec.
8.
NEW
SECTION
.
602.9306
Practice
of
law.
13
A
senior
magistrate
may
practice
law
as
provided
under
the
14
Iowa
code
of
judicial
conduct.
15
Sec.
9.
NEW
SECTION
.
602.9307
Retirement
of
senior
16
magistrate.
17
A
senior
magistrate
shall
cease
to
be
a
senior
magistrate
18
upon
completion
of
the
twelve-month
period
during
which
the
19
magistrate
attains
senior
magistrate
retirement
age.
The
clerk
20
of
the
supreme
court
shall
make
a
notation
of
the
retirement
21
of
a
senior
magistrate
in
the
roster
of
senior
magistrates,
at
22
which
time
the
senior
magistrate
shall
become
a
retired
senior
23
magistrate.
24
Sec.
10.
NEW
SECTION
.
602.9308
Relinquishment
of
status
as
25
senior
magistrate
——
removal
for
cause.
26
1.
A
senior
magistrate,
at
any
time
prior
to
the
end
of
27
the
twelve-month
period
during
which
the
magistrate
attains
28
senior
magistrate
retirement
age,
may
submit
to
the
clerk
of
29
the
supreme
court
a
written
request
that
the
magistrate’s
name
30
be
stricken
from
the
roster
of
senior
magistrates.
Upon
the
31
receipt
of
the
request,
the
clerk
shall
strike
the
name
of
the
32
person
from
the
roster
of
senior
magistrates,
at
which
time
the
33
person
shall
cease
to
be
a
senior
magistrate.
34
2.
A
senior
magistrate
is
subject
to
removal
under
article
35
-4-
LSB
2075SV
(1)
90
cm/ns
4/
6
S.F.
469
2,
part
1,
for
persistent
failure
to
perform
duties,
habitual
1
intemperance,
willful
misconduct
in
office,
conduct
which
2
brings
the
judicial
office
into
disrepute,
or
substantial
3
violation
of
the
canons
of
judicial
ethics.
When
a
person
is
4
removed
as
a
senior
magistrate
as
provided
in
this
subsection,
5
the
clerk
of
the
supreme
court
shall
strike
the
name
of
the
6
person
from
the
roster
of
senior
magistrates,
at
which
time
the
7
person
shall
cease
to
be
a
senior
magistrate.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
senior
magistrates.
The
bill
requires
12
a
senior
magistrate
to
reside
in
the
judicial
district
of
13
appointment
during
the
senior
magistrate’s
term
of
office.
The
14
bill
provides
that
a
senior
magistrate
shall
serve
only
in
one
15
judicial
district,
shall
serve
on
a
per
diem
basis,
and
shall
16
not
serve
more
than
60
days
each
12-month
period.
17
The
bill
provides
for
requirements,
appointment,
and
terms
18
of
senior
magistrates.
A
magistrate
may
be
appointed
at
19
the
discretion
of
the
supreme
court,
within
six
months
of
20
retirement,
after
filing
the
appropriate
form
and
meeting
21
the
following
requirements:
(1)
retires
from
office
on
or
22
after
July
1,
2022;
(2)
agrees
in
writing
to
be
available
to
23
perform
judicial
duties
as
assigned
by
the
supreme
court
or
24
chief
judge
of
the
senior
magistrate’s
judicial
district;
(3)
25
submits
evidence
to
the
satisfaction
of
the
supreme
court
that,
26
as
of
the
date
of
retirement,
the
magistrate
does
not
suffer
27
from
a
permanent
physical
or
mental
disability
which
would
28
substantially
interfere
with
the
performance
of
duties.
29
The
bill
requires
the
clerk
of
the
supreme
court
to
maintain
30
a
book
entitled
“Roster
of
Senior
Magistrates”.
The
bill
31
provides
that
a
senior
magistrate
may
be
reappointed
to
32
additional
two-year
terms
at
the
discretion
of
the
supreme
33
court
and
may
be
reappointed
to
a
one-year
term
upon
attaining
34
78
years
of
age
and
to
a
succeeding
one-year
term,
at
the
35
-5-
LSB
2075SV
(1)
90
cm/ns
5/
6
S.F.
469
discretion
of
the
supreme
court.
1
The
bill
provides
for
salaries
of
senior
magistrates
on
a
2
per
diem
rate
as
determine
by
the
general
assembly,
as
well
as
3
medical
insurance
through
the
judicial
branch.
4
The
bill
provides
that
a
person
acting
as
a
senior
magistrate
5
may
also
practice
law
pursuant
to
the
Iowa
code
of
judicial
6
conduct.
7
The
bill
allows
for
a
senior
magistrate
to
retire
upon
the
8
completion
of
the
12-month
period
during
which
the
magistrate
9
attains
78
years
of
age.
The
bill
requires
the
clerk
of
the
10
supreme
court
to
make
a
notation
of
the
retirement
of
a
senior
11
magistrate
in
the
roster
of
senior
magistrates.
12
The
bill
provides
procedures
for
relinquishment
of
status
as
13
a
senior
magistrate
and
for
the
removal
for
cause
of
a
senior
14
magistrate.
15
-6-
LSB
2075SV
(1)
90
cm/ns
6/
6