General Assembly: 82 (2007 Regular GA) - Chapter 86 - Judicial branch personnel — appointment and compensation


Published: 2007-04-17

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262LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 84

Sec. 4. NEW SECTION. 175B.4 OTHER PROGRAMS. Nothing in this chapter restricts the department from providing for programs which pro-

mote the purposes of the federal programs.

Sec. 5. NEW SECTION. 175B.5 ADMINISTRATIVE RULES. The department shall adopt rules in order to administer the Iowa farmers’ market nutrition

program. If another state agency is involved in the administration of this chapter, the other state agency shall cooperate with the department in adopting its rules.

Approved April 17, 2007

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CH. 85CH. 85

CHAPTER 85

SATISFACTION OF MORTGAGES

S.F. 311

AN ACT relating to an action for satisfaction of a mortgage.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 655.5, Code 2007, is amended to read as follows: 655.5 INSTRUMENT OF SATISFACTION. When the judgment is paid in full, the mortgagee shall file with the clerk a satisfaction of

judgment which shall release the mortgage underlying the action. A mortgagee who fails to file a satisfactionwithin thirty days of receiving awritten request shall be subject to reasonable damages and a penalty of one hundred dollars plus reasonable attorney fees incurred by the aggrieved party, to be recovered in an action for the satisfaction or acknowledged by the party aggrieved.

Approved April 20, 2007

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CH. 86CH. 86

CHAPTER 86

JUDICIAL BRANCH PERSONNEL — APPOINTMENT AND COMPENSATION

S.F. 381

AN ACT relating to judicial branch procedures, including appointments of court of appeals judges, district judges, district associate judges, associate juvenile judges, associate pro- bate judges, magistrates, and patient advocates, and compensation to judges and other court personnel serving as fiduciaries.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 46.14A COURT OF APPEALS — NOMINEES. Vacancies in the court of appeals shall be filled by appointment by the governor from a list

263 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 86

of nominees submitted by the state judicial nominating commission. Three nominees shall be submitted for each vacancy. Nominees to the court of appeals shall have the qualifications prescribed for nominees to the supreme court.

Sec. 2. Section 46.15, Code 2007, is amended to read as follows: 46.15 APPOINTMENTS TO BE FROM NOMINEES. 1. All appointments to the supreme court and court of appeals shall bemade from the nomi-

nees of the state judicial nominating commission, and all appointments to the district court shall be made from the nominees of the district judicial nominating commission. Nominees to the court of appeals shall have the qualifications prescribed for nominees to the supreme court. 2. Vacancies in the court of appeals shall be filled by appointment by the governor from a

list of nominees submitted by the state judicial nominating commission. Five nominees shall be submitted for each vacancy. If the governor fails tomake an appointmentwithin thirty days after a list of nominees has been submitted, the appointment shall be made from the list of nominees by the chief justice of the supreme court.

Sec. 3. Section 229.19, subsection 1, unnumbered paragraph 1, Code 2007, is amended to read as follows: The district court in each county with a population of under three hundred thousand inhabi-

tants and the board of supervisors in In each county with a population of three hundred thou- sand ormore inhabitants the board of supervisors shall appoint an individual who has demon- strated by prior activities an informed concern for the welfare and rehabilitation of persons withmental illness, andwho is not an officer or employee of the department of human services nor of any agency or facility providing care or treatment to persons with mental illness, to act as advocate representing the interests of patients involuntarily hospitalized by the court, in anymatter relating to thepatients’ hospitalizationor treatment under section229.14or 229.15. In each countywith a population of under three hundred thousand inhabitants, the chief judge of the judicial district encompassing the county shall appoint the advocate. PARAGRAPH DIVIDED. The court or, if the advocate is appointed by the county board of

supervisors, the board shall assign the advocate appointed from a patient’s county of legal set- tlement to represent the interests of the patient. If a patient has no county of legal settlement, the court or, if the advocate is appointed by the county board of supervisors, the board shall assign the advocate appointed from the countywhere thehospital or facility is located to repre- sent the interests of the patient. PARAGRAPHDIVIDED. The advocate’s responsibility with respect to any patient shall be-

gin at whatever time the attorney employed or appointed to represent that patient as respon- dent in hospitalization proceedings, conducted under sections 229.6 to 229.13, reports to the court that the attorney’s services are no longer required and requests the court’s approval to withdraw as counsel for that patient. However, if the patient is found to be seriously mentally impaired at the hospitalization hearing, the attorney representing the patient shall automati- cally be relieved of responsibility in the case and an advocate shall be assigned to the patient at the conclusion of the hearing unless the attorney indicates an intent to continue the attor- ney’s services and the court so directs. If the court directs the attorney to remain on the case, the attorney shall assume all the duties of an advocate. The clerk shall furnish the advocate with a copy of the court’s order approving the withdrawal and shall inform the patient of the name of the patient’s advocate. PARAGRAPH DIVIDED. With regard to each patient whose interests the advocate is re-

quired to represent pursuant to this section, the advocate’sduties shall includeall of the follow- ing:

Sec. 4. Section 602.6201, subsection 2, Code 2007, is amended to read as follows: 2. A district judgemust be a resident of the judicial election district in which appointed and

retained. Subject to the provision for reassignment of judges under section 602.6108, a district

264LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 86

judge shall serve in the district of the judge’s residence while in office, regardless of the num- ber of judgeships to which the district is entitled under the formula prescribed by the supreme court in subsection 3.

Sec. 5. Section 602.6201, subsection 3, Code 2007, is amended by striking the subsection and inserting in lieu thereof the following: 3. The supreme court shall prescribe, subject to the restrictions of this section, a formula to

determine the number of district judges who will serve in each judicial election district. The formula shall be based upon a model that measures and applies an estimated case-related workload formula of judicial officers, and shall account for administrative duties, travel time, and other judicial duties not related to a specific case.

Sec. 6. Section 602.6201, subsections 4, 5, 6, 7, 8, 9, and 10, Code 2007, are amended to read as follows: 4. For purposes of this section, a vacancy means the death, resignation, retirement, or re-

moval of a district judge, or the failure of a district judge to be retained in office at the judicial election, or an increase in judgeships under this section the formula prescribed in subsection 3. 5. In those judicial election districts having more district judges than the number of judge-

ships specified by the formula prescribed in subsection 3, vacancies shall not be filled. 6. In those judicial election districts having fewer or the same number of district judges as

the number of judgeships specified by the formula prescribed in subsection 3, vacancies in the number of district judges shall be filled as they occur. 7. In those judicial districts that contain more than one judicial election district, a vacancy

in a judicial election district shall not be filled if the total number of district judges in all judicial election districts within the judicial district equals or exceeds the aggregate number of judge- ships to which all of the judicial election districts of the judicial district are authorized by the formula in subsection 3. 8. An incumbent district judge shall not be removed from office because of a reduction in

the number of authorized judgeships specified by the formula prescribed in subsection 3. 9. During February of each year, and at other times as appropriate, the state court adminis-

trator shall make the determinations required under this section specified by the formula pre- scribed in subsection 3, and shall notify the appropriate nominating commissions and the gov- ernor of appointments that are required. 10. Notwithstanding the formula for determining the number of judgeships in this section

district judges prescribed in subsection 3, the number of district judges shall not exceed one hundred sixteen during the period commencing July 1, 1999.

Sec. 7. Section 602.6201, subsections 11 and 12, Code 2007, are amended by striking the subsections.

Sec. 8. Section 602.6502, Code 2007, is amended to read as follows: 602.6502 MEMBER OF COMMISSION NOT TO BE APPOINTED TO OFFICE PROHIBI-

TIONS TO APPOINTMENT. Amember of a countymagistrate appointing commission shall not be appointed to the office

of magistrate, and shall not be nominated for or appointed to the office of district associate judge, office of associate juvenile judge, or office of associate probate judge. Amember of the commission shall not be eligible to vote for the appointment or nomination of a family mem- ber, current law partner, or current business partner. For purposes of this section, “family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in- law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

265 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 87

Sec. 9. Section 633.201, Code 2007, is amended to read as follows: 633.201 COURT OFFICERS AS FIDUCIARIES. Judges, clerks, and deputy clerks serving as fiduciaries shall not be allowed any compensa-

tion for services as such fiduciaries. A judge, clerk, or deputy clerk serving as a fiduciary may be compensated for fiduciary services if the services are for a family member’s estate, trust, guardianship, or conservatorship. For purposes of this section, “family member” means a spouse, child, grandchild, parent, grandparent, sibling, niece, nephew, cousin, or other rela- tive or individual with significant personal ties to the fiduciary.

Approved April 20, 2007

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CH. 87CH. 87

CHAPTER 87

HOME OWNERSHIP ASSISTANCE FOR ARMED FORCES MEMBERS

S.F. 407

AN ACT relating to the home ownership assistance program for Iowa residents who are eligi- ble members of the armed forces of the United States.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 35A.15 HOME OWNERSHIP ASSISTANCE PROGRAM. 1. For the purposes of this section, “eligible member of the armed forces of the United

States” means a resident of this state who is or was a member of the national guard, reserve, or regular component of the armed forces of the United States who has served at least ninety days of active duty service during the period beginning September 11, 2001, and ending June 30, 2008, or other period designated by law. 2. The home ownership assistance program is established to continue the program imple-

mented pursuant to 2003 IowaActs, chapter 179, section 21, subsection 5, as amended by 2005 Iowa Acts, chapter 161, section 1, and1 chapter 115, section 37, and continued in accordance with 2006 Iowa Acts, chapter 1167, sections 3 and 4, and other appropriations. 3. The program shall provide loans, grants, or other assistance to persons who are or were

an eligible member of the armed forces of the United States. In the event an eligible member is deceased, the surviving spouse of the eligible member shall be eligible for assistance under the program, subject to the surviving spouse meeting the program’s eligibility requirements other than the military service requirement. 4. The program shall be administered by the Iowa finance authority. Implementation of the

program shall be limited to the extent of the amount appropriated or otherwisemade available for purposes of the program. 5. The department shall support the program by providing eligibility determinations and

other program assistance requested by the Iowa finance authority.

Approved April 20, 2007

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1 See chapter 215, §241 herein