Iowa Code 602.6303 – Appointment of magistrates in lieu of district associate judge
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Terms Used In Iowa Code 602.6303
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
602.6303 Appointment of magistrates in lieu of district associate judge.
1. The chief judge of the judicial district may designate by order of substitution that three magistrates be appointed pursuant to this section in lieu of the appointment of a district associate judge under § 602.6304, subject to the following limitations:
a. The substitution shall not result in the judicial district receiving more magistrates than
are authorized under the magistrate formula in § 602.6401.
b. The substitution shall be approved by the supreme court.
c. A majority of district judges in that judicial election district, or in the case of an appointment involving more than one judicial election district in the same judicial district, a majority of the district judges in each judicial election district, must vote in favor of the substitution and find that the substitution will provide more timely and efficient performance of judicial business within that judicial election district.
2. An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county magistrate appointing commission or commissions and the governor no later than May 31 of the year in which the substitution is to take effect. The order shall designate the county of appointment for each magistrate. A copy of the order shall also be sent to the state court administrator.
3. For a county in which a substitution order is in effect, the number of district associate judges actually appointed pursuant to § 602.6304 shall be reduced by one for each substitution order in effect.
4. Except as provided in subsections 1 through 3, a substitution shall not increase or decrease the number of district associate judges authorized by this article.
5. If a majority of the district judges in a judicial election district determines that a substitution is no longer desirable, then all three magistrate positions shall be terminated. However, a reversion pursuant to this subsection shall not take effect until the terms of the three magistrates expire. Upon the termination of the magistrate positions created under this section, an appointment shall be made to reestablish the term of office for a district associate judge as provided in sections 602.6304 and 602.6305.
2006 Acts, ch 1060, §2; 2022 Acts, ch 1033, §6
Referred to in §602.6301, 602.6401, 602.6403
1. The chief judge of the judicial district may designate by order of substitution that three magistrates be appointed pursuant to this section in lieu of the appointment of a district associate judge under § 602.6304, subject to the following limitations:
a. The substitution shall not result in the judicial district receiving more magistrates than
are authorized under the magistrate formula in § 602.6401.
b. The substitution shall be approved by the supreme court.
c. A majority of district judges in that judicial election district, or in the case of an appointment involving more than one judicial election district in the same judicial district, a majority of the district judges in each judicial election district, must vote in favor of the substitution and find that the substitution will provide more timely and efficient performance of judicial business within that judicial election district.
2. An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county magistrate appointing commission or commissions and the governor no later than May 31 of the year in which the substitution is to take effect. The order shall designate the county of appointment for each magistrate. A copy of the order shall also be sent to the state court administrator.
3. For a county in which a substitution order is in effect, the number of district associate judges actually appointed pursuant to § 602.6304 shall be reduced by one for each substitution order in effect.
4. Except as provided in subsections 1 through 3, a substitution shall not increase or decrease the number of district associate judges authorized by this article.
5. If a majority of the district judges in a judicial election district determines that a substitution is no longer desirable, then all three magistrate positions shall be terminated. However, a reversion pursuant to this subsection shall not take effect until the terms of the three magistrates expire. Upon the termination of the magistrate positions created under this section, an appointment shall be made to reestablish the term of office for a district associate judge as provided in sections 602.6304 and 602.6305.
2006 Acts, ch 1060, §2; 2022 Acts, ch 1033, §6
Referred to in §602.6301, 602.6401, 602.6403