Bill > SSB3155

Introduced Session

This bill relates to judicial officers, including magistrate appointments in judicial election districts, senior magistrates, and judicial officer compensation. MAGISTRATES APPOINTED IN JUDICIAL ELECTION DISTRICTS. The bill provides for the appointment and service of magistrates in judicial election districts rather than individual counties and makes conforming changes. The bill changes county judicial magistrate appointing commissions to judicial election district magistrate appointing commissions, provides for appointment to such commissions, and provides for commission appointee certification to and maintenance of appointee records by district court administrators rather than clerks of district court. The bill alters the composition of a commission to include a district S.F. _____ H.F. _____ judge designated by the chief judge of the judicial district, one person from each county in the judicial election district appointed by the board of supervisors of the county, and a number of attorneys elected by the attorneys in the judicial election district and the counties contiguous with the judicial election district equal to one fewer than the number of persons appointed by the boards of supervisors. Under current law and the bill, boards of supervisors are prohibited from appointing an attorney or an active law enforcement officer to serve as a commissioner, and attorneys are prohibited from appointing a county attorney as a commissioner. Current law allows the chief judge of a judicial district, by order of substitution, to appoint a district associate judge in lieu of magistrates, subject to certain limitations. The bill eliminates the limitations that the county or counties to which the district associate judge is to be appointed must have an apportionment of three or more magistrates, and that the substitution must not result in the absence of a resident district associate judge or magistrate in one or more counties. The bill also eliminates requirements that district associate judges substituted for magistrates, or vice versa, be substituted at a ratio of three magistrates to one district associate judge. The bill strikes the requirement that 206 magistrates be apportioned among the counties and instead requires that the supreme court prescribe a formula to determine the number of magistrates who will serve in each judicial election district. The state court administrator must apply the prescribed formula when calculating and apportioning magistrates among judicial election districts. The bill strikes the requirement that each county be allotted at least one resident magistrate. Under current law, a county magistrate appointing commission may prescribe the contents of a magistrate application in addition to any application provided by the supreme court. The bill provides that only the supreme court shall prescribe the S.F. _____ H.F. _____ contents of a magistrate application. The bill strikes the requirement that public notice of a magistrate vacancy must be published in at least two publications in all official county newspapers in the county. If a magistrate vacancy cannot be filled, the bill authorizes the chief judge of the judicial district to assign a magistrate from a county within the judicial district to serve the remainder of the term in the county of the vacancy, in addition to the county where the magistrate is appointed, provided that the combined weighted workload does not exceed 33 percent of a full-time position. This provision of the bill takes effect upon enactment and is repealed August 1, 2027. The bill requires magistrate appointing commission member reimbursements to be paid by the county where the member resides instead of the county where the member serves. The bill repeals Code section 602.6402, which allows the county magistrate appointing commission to appoint an additional magistrate to a county with only one magistrate. Except as otherwise provided, this division of the bill takes effect November 1, 2026. SENIOR MAGISTRATES. The bill provides that a magistrate who attains the age of 78 and has less than 50 percent of the magistrate’s current term remaining may elect to serve the remainder of the term but is not eligible for reappointment. The bill establishes requirements for senior magistrate status, appointment, and terms of service. A senior magistrate may be appointed at the discretion of the supreme court within six months of retirement after filing the appropriate form and meeting specified requirements, including retirement on or after July 1, 2026; agreement to be available for service not exceeding five weeks in each successive 12-month period; and submission of evidence that the magistrate does not suffer from a permanent physical or mental disability that would interfere with the performance of judicial duties. The bill sets forth factors for the supreme court to consider S.F. _____ H.F. _____ when ruling on an application for senior magistrate status. The bill requires the clerk of the supreme court to maintain a roster of senior magistrates and authorizes the reappointment of senior magistrates to additional two-year terms, as well as two one-year terms upon attaining 84 years of age, at the discretion of the supreme court. The bill provides for senior magistrate compensation and medical insurance coverage through the judicial branch. The bill requires a senior magistrate to retire upon completion of the 12-month period during which the magistrate attains 84 or 86 years of age, as applicable, and requires the clerk of the supreme court to record the retirement in the roster of senior magistrates. The bill also establishes procedures for voluntary relinquishment of senior magistrate status and removal for cause. JUDICIAL OFFICER SALARIES. The bill increases the salaries of judicial officers, other than judicial magistrates, in effect on July 1, 2026, by 5 percent effective with the pay period beginning June 18, 2027. Salaries for judicial magistrates are increased to 40 percent of the salary of a district associate judge. This division of the bill takes effect June 18, 2027.

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Committee report approving bill, renumbered as SF 2401. (on 02/18/2026)

Official Document