602.6403 Appointment, qualification, and resignation of magistrates. 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, thenumber of magistrates apportioned to the county by the state court administrator undersection 602.6401, the number of magistrates required pursuant to substitution orders ineffect under section 602.6303, and may appoint an additional magistrate when allowed bysection 602.6402. The commission shall not appoint more magistrates than are authorizedfor 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 anappointment pursuant to this section. The commission shall publicize notice of any vacancyto be filled in at least two publications in all official county newspapers in the county. Thecommission shall accept applications for a minimum of fifteen days prior to making anappointment, and shall make available during that period of time any printed applicationforms the commission prescribes. 3. n shall accept applications for a minimum of fifteen days prior to making anappointment, and shall make available during that period of time any printed applicationforms 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 ofthe 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 section602.6302 or the allocation under section 602.6401 results in a reduction in the number ofmagistrates 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 thedistrict court shall certify to the state court administrator the names and addresses of theseappointees. 6. erk of the district court and to the chief judge of the judicial district. The clerk of thedistrict court shall certify to the state court administrator the names and addresses of theseappointees. 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 reasonsfor reconsideration and time and place for the meeting must be sent to the magistrateappointee and the clerk of the district court. The commission may reconvene and decertifythe magistrate appointee for good cause. Notice of the decertification and a statement of thereasons 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 officeunless excused by the chief justice for good ourt administrator shall cause a school of instruction to be conducted for magistrates, and each magistrate shall attend prior to the time of taking officeunless excused by the chief justice for good cause. A magistrate appointed to fill a vacancyshall attend the first school of instruction that is held following the appointment, unlessexcused by the chief justice for good cause. 9. A magistrate who seeks to resign from the office of magistrate shall notify in writing the chief judge of the judicial district as to the magistrate’s intention to resign and the effectivedate 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 administratorof the vacancy in the office of magistrate due to resignation. 83 Acts, ch 186, §7403, 10201; 89 Acts, ch 114, §3, 4; 89 Acts, ch 212, §3, 4; 90 Acts, ch 1168, §59; 98 Acts, ch 1115, §14, 15; 2003 Acts, ch 151, §43, 64; 2006 Acts, ch 1060, §5 Referred to in §602.2301, 602.6302, 602.8102(89) Sat Dec 23 11:16:10 2023 Iowa Code 2024, Section 602.6403 (19, 0)
Iowa Legal Code