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Amendment H-8131 to HF 2260
Relating to the mandatory retirement age of magistrate judges
Never voted on
Filed March 4, 2022 in the House by
What it changes
AI summary This amendment replaces the original bill and raises the mandatory retirement age from 72 to 78 for supreme court justices, court of appeals judges, district judges, district associate judges, associate juvenile judges, associate probate judges, and judicial magistrates. It also changes the age requirement for nominees to ensure they can serve an initial and one regular term before reaching age 78.1
Read the amendment’s wording
- Page 1, by striking lines 1 through 9 and inserting: “Sec. ___. Section 46.14, subsection 1, Code 2022, is amended to read as follows:
- Each judicial nominating commission shall carefully consider the individuals available for judge, and within sixty days after receiving notice of a vacancy shall certify to the governor and the chief justice the proper number of nominees, in alphabetical order. Such nominees shall be chosen by the affirmative vote of a majority of the full statutory number of commissioners upon the basis of their qualifications and without regard to political affiliation. Nominees shall be members of the bar of Iowa, shall be residents of the state or district of the court to which they are nominated, and shall be of such age that they will be able to serve an initial and one regular term of office to which they are nominated before reaching the age of seventy-two seventy-eight years. Nominees for district judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the district judicial nominating commission. Absence of a commissioner or vacancy upon the commission shall not invalidate a nomination. The chairperson of the commission shall promptly certify the names of the nominees, in alphabetical order, to the governor and the chief justice. Sec. ___. Section 602.1610, subsection 1, paragraphs b and c, Code 2022, are amended to read as follows: b. The mandatory retirement age is seventy-two seventy-eight years for all justices of the supreme court, judges of the court of appeals, and district judges appointed to office after July 1,
- c. The mandatory retirement age is seventy-two seventy-eight years for all district associate judges, associate juvenile judges, associate probate judges, and judicial magistrates. Sec. ___. Section 602.6305, subsection 2, Code 2022, is amended to read as follows:
- A person does not qualify for appointment to the office of district associate judge unless the person is at the time of appointment a resident of the judicial election district in which the vacancy exists, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two seventy-eight . An applicant for district associate judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission.”
- Page 1, after line 25 by inserting: Sec. ___. Section 602.7103C, subsection 2, Code 2022, is amended to read as follows:
- A person does not qualify for appointment to the office of full-time associate juvenile judge unless the person is at the time of appointment a resident of the county in which the vacancy exists, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two seventy-eight . An applicant for full-time associate juvenile judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission. Sec. ___. Section 633.20C, subsection 2, Code 2022, is amended to read as follows:
- A person does not qualify for appointment to the office of full-time associate probate judge unless the person is at the time of appointment a resident of the county in which the vacancy exists, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two seventy-eight . An applicant for full-time associate probate judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission.”
- Title page, line 1, by striking “magistrate”
- By renumbering as necessary.