Bill > HSB260

Introduced Session

This bill relates to magistrate judges. Under current law, a substitution of a district associate judge for a magistrate must not result in lack of a resident district associate judge or magistrate in one or more of the S.F. _____ H.F. _____ counties. Under the bill, the substitution must not result in a lack of at least one district associate judge or magistrate appointed to serve each county. A district associate judge is allowed to be appointed to serve in more than one county. In addition, the bill allows a magistrate to be appointed to serve in more than one county. If a magistrate is appointed in more than one county, the appointment shall be made jointly from persons nominated by the county magistrate appointing commission of each county, with each commission following the procedures set forth under current law. The bill strikes a prohibition on appointing more magistrates than are authorized for a county. The bill requires the supreme court to prescribe a new formula for apportioning magistrates based on an estimated case-related workload and to create the application to become a magistrate. Under current law, the magistrate appointing commission for each county creates the application in addition to any form provided by the supreme court. These magistrate provisions take effect January 1, 2029. Until January 1, 2029, if a magistrate vacancy occurs, the bill allows the chief judge of a judicial district to assign a magistrate to a county in the same judicial election district to the vacant magistrate position if the position cannot be filled by normal appointment and if the combined weighted workload of the two counties does not exceed 31 percent of a full-time position. Under current law, a magistrate is required to be a resident of the county of appointment or a resident in a county contiguous to the county of appointment. Under the bill, a magistrate is instead required to be a resident of the judicial election district or a county contiguous to the judicial election district.

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Other Sponsors (1)

House Judiciary Committee (10:30:00 3/4/2025 RM 103) (on 03/04/2025)

Official Document