1. Two hundred six magistrates shall be apportioned among the counties as provided in this section. Magistrates appointed pursuant to section 602.6303 or 602.6402 shall not be counted for purposes of this section.

Terms Used In Iowa Code 602.6401

  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Magistrate: means a person appointed under article 6, part 4 to exercise judicial functions. See Iowa Code 602.1101
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Iowa Code 633D.2
  • State court administrator: means the person appointed by the supreme court pursuant to section 602. See Iowa Code 602.1101
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. By February of each year in which magistrates’ terms expire, the state court administrator shall apportion magistrate offices among the counties in accordance with the following criteria:

 a. The existence of either permanent, temporary, or seasonal populations not included in the current census figures.
 b. The geographical area to be served.
 c. Any inordinate number of cases over which magistrates have jurisdiction that were pending at the end of the preceding year.
 d. The number and types of juvenile proceedings handled by district associate judges.
 3. Notwithstanding subsection 2, each county shall be allotted at least one resident magistrate.
 4. By March of each year in which magistrates’ terms expire, the state court administrator shall give notice to the clerks of the district court and to the chief judges of the judicial districts of the number of magistrates to which each county is entitled. If the state court administrator does not give the notice as required in this subsection by March of each year in which magistrates’ terms expire, the existing magistrate apportionment in effect shall remain in effect through the succeeding magistrates’ terms, and any apportionment performed pursuant to subsection 2 is void until such succeeding terms expire.
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