602.6401 - NUMBER AND APPORTIONMENT.
602.6401 NUMBER AND APPORTIONMENT. 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. 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.
Section History: Recent Form 83 Acts, ch 186, § 7401, 10201; 2000 Acts, ch 1057, §10, 11; 2005 Acts, ch 171, §3; 2006 Acts, ch 1060, §4; 2006 Acts, ch 1129, §7; 2009 Acts, ch 179, §221, 222 Referred to in § 602.6302, 602.6303, 602.6402, 602.6403
Footnotes 2009 amendment to subsection 4 takes effect May 26, 2009, and applies retroactively to January 1, 2009, to void any apportionment for which notice was not given by March 2009; 2009 Acts, ch 179, §222