Bill Text: IA SSB3035 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to a magistrate acting as counsel for clients within the jurisdiction of the magistrate.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-17 - In Judiciary [SSB3035 Detail]
Download: Iowa-2013-SSB3035-Introduced.html
Senate
Study
Bill
3035
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
a
magistrate
acting
as
counsel
for
clients
1
within
the
jurisdiction
of
the
magistrate.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
602.1605,
subsection
2,
Code
2014,
is
1
amended
to
read
as
follows:
2
2.
If
a
magistrate
who
practices
law
appears
as
counsel
3
for
a
client
in
a
matter
that
is
within
the
jurisdiction
of
a
4
the
magistrate,
that
matter
shall
be
heard
only
by
a
district
5
judge
or
a
district
associate
judge.
A
disqualification
under
6
this
section
shall
be
had
upon
motion
of
the
magistrate
or
of
7
any
party,
either
orally
or
in
writing,
and
the
clerk
of
the
8
district
court
shall
reassign
the
matter
to
a
proper
judicial
9
officer.
If
the
matter
involves
a
criminal
or
juvenile
10
delinquency
proceeding
the
disqualification
of
a
magistrate
who
11
practices
law
shall
be
as
provided
in
subsection
3.
12
Sec.
2.
Section
602.1605,
Code
2014,
is
amended
by
adding
13
the
following
new
subsections:
14
NEW
SUBSECTION
.
3.
A
magistrate
shall
be
disqualified
from
15
appearing
as
counsel
in
any
criminal
or
delinquency
proceeding
16
in
any
court
within
the
jurisdiction
of
the
magistrate.
17
NEW
SUBSECTION
.
4.
As
used
in
this
section,
“jurisdiction
18
of
the
magistrate”
means
the
magistrate’s
county
of
appointment
19
and
any
other
county
in
which
the
magistrate
regularly
holds
20
court.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
a
magistrate
acting
as
counsel
for
25
clients
within
the
geographical
jurisdiction
of
the
magistrate.
26
The
bill
disqualifies
a
magistrate
from
appearing
as
counsel
27
in
any
criminal
or
delinquency
proceeding
in
any
court
within
28
the
geographical
jurisdiction
of
the
magistrate.
29
The
bill
defines
“jurisdiction
of
the
magistrate”
to
mean
30
the
magistrate’s
county
of
appointment
and
any
other
county
in
31
which
the
magistrate
regularly
holds
court.
32
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