§ 602.6403 — Appointment, qualification, and resignation of magistrates

Iowa § 602.6403

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 602: JUDICIAL BRANCH

Text

1. By June 1 of each year in which magistrates’ terms expire, the county magistrate
appointing commission shall appoint, except as otherwise provided in section 602.6302, the
number of magistrates apportioned to the county by the state court administrator under
section 602.6401, the number of magistrates required pursuant to substitution orders in
effect under section 602.6303, and may appoint an additional magistrate when allowed by
section 602.6402. The commission shall not appoint more magistrates than are authorized
for the county by this article.
2. The magistrate appointing commission for each county shall prescribe the contents
of an application, in addition to any application form provided by the supreme court, for an
appointment pursuant to this section. The commission shall publicize notice of any vacancy
to be filled in at least two publications in all official county newspapers in the county. The
commission shall accept applications for a minimum of fifteen days prior to making an
appointment, and shall make available during that period of time any printed application
forms the commission prescribes.
3. Within thirty days following receipt of notification of a vacancy in the office of
magistrate, the commission shall appoint a person to the office to serve the remainder of
the unexpired term. For purposes of this section, vacancy means a death, resignation,
retirement, or removal of a magistrate, or an increase in the number of positions authorized.
4. The term of office of a magistrate is four years, commencing August 1, 1989. However,
the terms of all magistrates in a county are deemed to expire if a substitution under section
602.6302 or the allocation under section 602.6401 results in a reduction in the number of
magistrates in a county where the magistrates hold office.
5. The commission shall promptly certify the names and addresses of appointees to the
clerk of the district court and to the chief judge of the judicial district. The clerk of the
district court shall certify to the state court administrator the names and addresses of these
appointees.
6. Before assuming office, a magistrate shall subscribe and file in the office of the state
court administrator the oath of office specified in section 63.6.
7. Before the commencement of the term of a magistrate, the members of the magistrate
appointing commission may reconsider the appointment. Written notification of the reasons
for reconsideration and time and place for the meeting must be sent to the magistrate
appointee and the clerk of the district court. The commission may reconvene and decertify
the magistrate appointee for good cause. Notice of the decertification and a statement of the
reasons justifying the decertification shall be promptly sent to the clerk of the district court,
the chief judge of the judicial district, and the state court administrator.
8. Annually, the state court administrator shall cause a school of instruction to be
conducted for magistrates, and each magistrate shall attend prior to the time of taking office
unless excused by the chief justice for good cause. A magistrate appointed to fill a vacancy
shall attend the first school of instruction that is held following the appointment, unless
excused by the chief justice for good cause.
9. Amagistratewhoseekstoresignfromtheofficeofmagistrateshallnotifyinwritingthe
chief judge of the judicial district as to the magistrate’s intention to resign and the effective
date of the resignation. The chief judge of the judicial district, upon receipt of the notice,
shall notify the county magistrate appointing commission and the state court administrator
of the vacancy in the office of magistrate due to resignation.