reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1218 - Removal for cause.

602.1218 Removal for cause.
Inefficiency, insubordination, incompetence, failure to perform assigned duties, inadequacy in performance of assigned duties, narcotics addiction, dishonesty, unrehabilitated alcoholism, negligence, conduct which adversely affects the performance of the individual or of the judicial branch, conduct unbecoming a public employee, misconduct, or any other just and good cause constitutes cause for removal.
83 Acts, ch 186, §1217, 10201; 98 Acts, ch 1047, §44
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1301 - Budget and fiscal procedures.

602.1301 Budget and fiscal procedures.
1. The supreme court shall prepare an annual operating budget for the judicial branch, and shall submit a budget request to the general assembly for the fiscal period for which the general assembly is appropriating funds.
2. a. As early as possible, but not later than December 1, the supreme court shall submit to the legislative services agency the annual budget request and detailed supporting information for the judicial branch. The submission shall be designed to assist the legislative services agency in its preparation for legislative consideration of the budget request. The information submitted shall contain and be arranged in a format substantially similar to the format specified by the director of the department of management and used by all departments and establishments in transmitting to the director estimates of their expenditure requirements pursuant to section 8.23. The supreme court shall also make use of the department of management’s automated budget system when submitting information to the director of the department of management to assist the director in the transmittal of information as required under section 8.35A. The supreme court shall budget and track expenditures by the following separate organization codes:
(1) Iowa court information system.
(2) Appellate courts.
(3) Central administration.
(4) District court administration.
(5) Judges and magistrates.
(6) Court reporters.
(7) Juvenile court officers.
(8) District court clerks.
(9) Jury and witness fees.
b. Before December 1, the supreme court shall submit to the director of the department of management an estimate of the total expenditure requirements of the judicial branch. The director of the department of management shall submit this estimate received from the supreme court to the governor. The estimate shall also be submitted to the chairpersons of the committees on appropriations.
3. The state court administrator shall prescribe the procedures to be used by the operating components of the judicial branch with respect to the following:
a. The preparation, submission, review, and revision of budget requests.
b. The allocation and disbursement of funds appropriated to the judicial branch.
c. The purchase of forms, supplies, equipment, and other property.
d. Other matters relating to fiscal administration.
4. The state court administrator shall prescribe practices and procedures for the accounting and internal auditing of funds of the judicial branch, including uniform practices and procedures to be used by judicial officers and court employees with respect to all funds, regardless of source.
83 Acts, ch 186, §1301, 10201; 85 Acts, ch 262, §7; 86 Acts, ch 1245, §121; 88 Acts, ch 1271, §10; 89 Acts, ch 316, §19; 90 Acts, ch 1268, §10; 91 Acts, ch 267, §414; 98 Acts, ch 1047, §45; 2003 Acts, ch 35, §45, 49; 2015 Acts, ch 29, §114; 2019 Acts, ch 89, §34; 2022 Acts, ch 1145, §9
Subsection 2, paragraph b amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1302 - State funding.

602.1302 State funding.
1. Except as otherwise provided by sections 602.1303 and 602.8108 or other applicable law, the expenses of operating and maintaining the judicial branch shall be paid out of the general fund of the state from funds appropriated by the general assembly for the judicial branch. State funding shall be phased in as provided in section 602.11101.
2. The supreme court may accept federal funds to be used in the operation of the judicial branch, but shall not expend any of these funds except pursuant to appropriation of the funds by the general assembly.
3. A revolving fund is created in the state treasury for the payment of jury and witness fees, mileage, costs related to summoning jurors by the judicial branch, costs and fees related to the management and payment of interpreters and translators in judicial branch legal proceedings and court-ordered programs, and attorney fees paid by the state public defender for counsel appointed pursuant to section 600A.6A. The judicial branch shall deposit any reimbursements to the state for the payment of jury and witness fees and mileage in the revolving fund. In each calendar quarter the judicial branch shall reimburse the state public defender for attorney fees paid pursuant to section 600A.6B. Notwithstanding section 8.33, unencumbered and unobligated receipts in the revolving fund at the end of a fiscal year do not revert to the general fund of the state. The judicial branch shall on or before February 1 file a financial accounting of the moneys in the revolving fund with the legislative services agency. The accounting shall include an estimate of disbursements from the revolving fund for the remainder of the fiscal year and for the next fiscal year.
4. The judicial branch shall reimburse counties for the costs of witness and mileage fees and for attorney fees paid pursuant to section 232.141, subsection 1.
83 Acts, ch 186, §1302, 10201; 85 Acts, ch 197, §11; 87 Acts, ch 152, §2; 95 Acts, ch 207, §23; 98 Acts, ch 1047, §46; 2002 Acts, ch 1175, §43; 2003 Acts, ch 35, §45, 49; 2005 Acts, ch 107, §6, 14; 2005 Acts, ch 165, §2; 2014 Acts, ch 1141, §15; 2020 Acts, ch 1074, §23, 93
Referred to in §622A.3, 815.11
Local court property devoted for use of judicial branch; §602.11107
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1303 - Local funding.

602.1303 Local funding.
1. A county or city shall provide the district court for the county with physical facilities, including heat, water, electricity, maintenance, and custodial services, as follows:
a. A county shall provide courtrooms, offices, and other physical facilities which in the judgment of the board of supervisors are suitable for the district court, and for judicial officers of the district court, the clerk of the district court, juvenile court officers, and other court employees.
b. The counties within the judicial districts shall provide suitable offices and other physical facilities for the district court administrator and staff at locations within the judicial districts determined by the chief judge of the respective judicial districts. The county auditor of the host county shall apportion the costs of providing the offices and other physical facilities among the counties within the judicial district in the proportion that the population of each county in the judicial district is to the total population of all counties in the district.
c. If court is held in a city other than the county seat, the city shall provide courtrooms and other physical facilities which in the judgment of the city council are suitable.
2. A county shall pay the expenses of the members of the county magistrate appointing commission as provided in section 602.6501.
3. A county shall provide the district court with bailiff and other law enforcement services upon the request of a judicial officer of the district court.
4. A county shall pay the costs incurred in connection with the administration of juvenile justice under section 232.141.
5. A county shall pay the costs and expenses incurred in connection with grand juries.
6. A county or city shall pay the costs of its depositions and transcripts in criminal actions prosecuted by that county or city and shall pay the court fees and costs provided by law in criminal actions prosecuted by that county or city under county or city ordinance. A county or city shall pay witness fees and mileage in trials of criminal actions prosecuted by the county or city under county or city ordinance.
7. A county shall pay the fees and expenses allowed under sections 815.2 and 815.3.
8. If a county board of supervisors, with the approval of the supreme court, elects not to maintain space for the district court, the county may enter into an agreement with a contiguous county in the same judicial district to share the costs under subsections 1 through 7. For the purposes of this subsection, two counties are contiguous if they share a common boundary, including a corner.
83 Acts, ch 186, §1303, 10201; 84 Acts, ch 1301, §14; 85 Acts, ch 197, §12; 86 Acts, ch 1108, §6; 87 Acts, ch 192, §1; 92 Acts, ch 1164, §2; 2017 Acts, ch 133, §5
Referred to in §331.361, 602.1302, 602.6105, 602.11101, 719.1
Certain bailiffs employed as court attendants; §602.11113
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1304 - Revenues — enhanced court collections fund.

602.1304 Revenues — enhanced court collections fund.
Except as provided in article 8, all fees and other revenues collected by judicial officers and court employees shall be paid into the general fund of the state.
83 Acts, ch 186, §1304, 10201; 95 Acts, ch 207, §24; 96 Acts, ch 1034, §55; 96 Acts, ch 1216, §29; 97 Acts, ch 205, §23; 98 Acts, ch 1047, §47; 2003 Acts, ch 145, §286; 2005 Acts, ch 165, §3; 2005 Acts, ch 179, §137; 2006 Acts, ch 1030, §74; 2006 Acts, ch 1166, §4; 2007 Acts, ch 215, §64; 2020 Acts, ch 1074, §24, 25, 93
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1305 - Distribution of revenues of the district court.

602.1305 Distribution of revenues of the district court.
All fees, costs, forfeited bail, and other court revenues collected by the district court shall be distributed as provided in article 8.
83 Acts, ch 186, §1305, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1402 - Personnel control.

602.1402 Personnel control.
The employment of court employees within an operating component of the judicial branch is subject to prior authorization by the supreme court, and to approval by the state court administrator under section 602.1209.
83 Acts, ch 186, §1402, 10201; 98 Acts, ch 1047, §49
Referred to in §602.8101
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1501 - Judicial salaries.

602.1501 Judicial salaries.
1. The chief justice and each justice of the supreme court shall receive the salary set by the general assembly.
2. The chief judge and each judge of the court of appeals shall receive the salary set by the general assembly.
3. The chief judge of each judicial district and each district judge shall receive the salary set by the general assembly.
4. District associate judges shall receive the salary set by the general assembly.
5. Full-time associate juvenile judges and full-time associate probate judges shall receive the salary set by the general assembly.
6. Magistrates shall receive the salary set by the general assembly, subject to section 602.6402.
83 Acts, ch 186, §1501, 10201; 99 Acts, ch 93, §5; 2003 Acts, ch 151, §30
For provisions relating to salary rates for judicial officers for the fiscal year beginning July 1, 2022, and for subsequent fiscal years until otherwise provided by the general assembly, and unpaid leave for judicial officers for certain fiscal years, see 2022 Acts, ch 1145, §4, 6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1502 - State court administration salaries.

602.1502 State court administration salaries.
1. The supreme court shall set the compensation of the state court administrator. The salaries of other employees of the judicial branch shall be set pursuant to the judicial branch’s pay plan established under section 602.1401.
2. Court reporters who are employed on an emergency basis in the district court shall be paid not more than their usual and customary fees, while employed by the court. Payments shall be made at least once each month.
3. Court reporters shall be paid compensation for transcribing their notes as provided in section 602.3202, but shall not work on outside depositions during the hours for which they are compensated as a court employee.
83 Acts, ch 186, §1502, 10201; 91 Acts, ch 116, §7; 98 Acts, ch 1047, §50
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1508 - Compensation of referees.

602.1508 Compensation of referees.
Referees and other persons referred to in section 602.6602 shall receive a salary or other compensation as set by the supreme court.
83 Acts, ch 186, §1508, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1509 - Expenses.

602.1509 Expenses.
1. When a judicial officer, court employee, or other person providing professional services to the courts is required to travel in the discharge of official duties, the person shall be paid actual and necessary expenses incurred in the performance of duties, not to exceed a maximum amount established by the supreme court. The supreme court shall prescribe procedures to establish the maximum amount, terms, and conditions for reimbursement of the expenses.
2. The supreme court may authorize juvenile court officers to receive a monthly allowance for use of an automobile in the discharge of official duties in lieu of receiving an expense reimbursement based on mileage.
83 Acts, ch 186, §1509, 10201
Referred to in §602.1511, 602.1512, 602.4305, 602.5205, 602.9206, 622.69
For certain fiscal years, a judicial officer may waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official judicial business;
2015 Acts, ch 134, §3, 8
;
2017 Acts, ch 166, §4, 11
;
2019 Acts, ch 155, §3
;
2020 Acts, ch 1121, §1
;
2021 Acts, ch 168, §3
;
2022 Acts, ch 1145, §3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1510 - Bond expense.

602.1510 Bond expense.
The cost of a bond that is required of a judicial officer or court employee in the discharge of duties shall be paid by the judicial branch.
83 Acts, ch 186, §1510, 10201; 98 Acts, ch 1047, §51
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1511 - Board of examiners for shorthand reporters.

602.1511 Board of examiners for shorthand reporters.
Members of the board of examiners for certified shorthand reporters appointed under article 3 shall receive actual and necessary expenses pursuant to section 602.1509 and per diem compensation for each day actually engaged in the discharge of duties.
83 Acts, ch 186, §1511, 10201
Referred to in §602.1513
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1512 - Commission on judicial qualifications.

602.1512 Commission on judicial qualifications.
The members of the commission on judicial qualifications established under section 602.2102, other than the judicial member, shall receive per diem compensation for each day that they are actually engaged in the performance of duties. All of the members shall be reimbursed for actual and necessary expenses pursuant to section 602.1509.
83 Acts, ch 186, §1512, 10201
Referred to in §602.1513
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1513 - Per diem compensation.

602.1513 Per diem compensation.
The supreme court shall set the per diem compensation under sections 602.1511 and 602.1512 at a rate per day not exceeding the rate specified in section 7E.6.
83 Acts, ch 186, §1513, 10201; 90 Acts, ch 1256, §53
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1602 - Sunday — permissible acts.

602.1602 Sunday — permissible acts.
A court shall not be opened on Sunday and judicial business shall not be transacted on Sunday, except to:
1. Give instructions to a jury then deliberating on its verdict.
2. Receive a verdict or discharge a jury.
3. Exercise the powers of a magistrate in a criminal proceeding.
4. Perform other acts as provided by law.
83 Acts, ch 186, §1602, 10201
Analogous or related provisions, §626.6, 639.5, 643.3, and 667.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1603 - Judge to be attorney.

602.1603 Judge to be attorney.
A person is not eligible for, and shall not hold the office of supreme court justice, court of appeals judge, district judge, or district associate judge unless admitted to the practice of law in this state.
83 Acts, ch 186, §1603, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1604 - Judges shall not practice law.

602.1604 Judges shall not practice law.
While holding office, a supreme court justice, court of appeals judge, district judge, or district associate judge shall not practice as an attorney or counselor or give advice in relation to any action pending or about to be brought in any of the courts of the state.
83 Acts, ch 186, §1604, 10201; 2003 Acts, ch 151, §31
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1605 - Special conditions for magistrates.

602.1605 Special conditions for magistrates.
1. A magistrate shall not accept any compensation, fee, or reward from or on behalf of anyone for services rendered in the conduct of official business except the compensation provided by law.
2. If a magistrate who practices law appears as counsel for a client in a matter that is within the jurisdiction of a magistrate, that matter shall be heard only by a district judge or a district associate judge. A disqualification under this section shall be had upon motion of the magistrate or of any party, either orally or in writing, and the clerk of the district court shall reassign the matter to a proper judicial officer.
83 Acts, ch 186, §1605, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1606 - Judicial officer disqualified.

602.1606 Judicial officer disqualified.
1. A judicial officer is disqualified from acting in a proceeding, except upon the consent of all of the parties, if any of the following circumstances exists:
a. The judicial officer has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.
b. The judicial officer served as a lawyer in the matter in controversy, or a lawyer with whom the judicial officer previously practiced law served during that association as a lawyer concerning the matter, or the judicial officer or such lawyer has been a material witness concerning the matter.
c. The judicial officer knows that the officer, individually or as a fiduciary, or the officer’s spouse or a person related to either of them by consanguinity or affinity within the third degree or the spouse of such a person has a financial interest in the subject matter in controversy or in a party to the proceeding, or has any other interest that could be substantially affected by the outcome of the proceeding.
d. The judicial officer or the officer’s spouse, or a person related to either of them by consanguinity or affinity within the third degree or the spouse of such a person, is a party to the proceeding, or an officer, director, or trustee of a party, or is acting as a lawyer in the proceeding, or is known by the judicial officer to have an interest that could be substantially affected by the outcome of the proceeding, or is, to the judicial officer’s knowledge, likely to be a material witness in the proceeding.
2. A judicial officer shall disclose to all parties in a proceeding any existing circumstances in subsection 1, paragraphs “a” through “d”, before the parties consent to the judicial officer’s presiding in the proceeding.
83 Acts, ch 186, §1606, 10201; 2013 Acts, ch 30, §183
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1609 - Compliance with ethics law.

602.1609 Compliance with ethics law.
Judicial officers and court employees shall comply with rules prescribed by the supreme court with respect to ethical conduct including the acceptance and receipt of gifts and honoraria, interests in public contracts, services against the state, and financial disclosure. In prescribing rules, the supreme court shall include any appropriate provisions and limitations contained in chapter 68B. Violations are subject to the imposition of criminal and civil penalties in the manner provided by law.
83 Acts, ch 186, §1609, 10201; 92 Acts, ch 1228, §30
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1610 - Mandatory retirement.

602.1610 Mandatory retirement.
1. Judicial officers shall cease to hold office upon reaching the mandatory retirement age.
a. The mandatory retirement age is seventy-five years for all justices of the supreme court and district judges holding office on July 1, 1965.
b. The mandatory retirement age is seventy-two years for all justices of the supreme court, judges of the court of appeals, and district judges appointed to office after July 1, 1965.
c. The mandatory retirement age is seventy-two years for all district associate judges, associate juvenile judges, associate probate judges, and judicial magistrates.
2. The mandatory retirement age for employees of the judicial branch is as provided in section 97B.46.
83 Acts, ch 186, §1610, 10201; 96 Acts, ch 1153, §5; 98 Acts, ch 1047, §52; 2018 Acts, ch 1026, §166
Referred to in §46.16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1611 - Judicial retirement programs.

602.1611 Judicial retirement programs.
1. Judges of the supreme court and court of appeals, district judges, and district associate judges are members of the judicial retirement system established in article 9, part 1, and are not members of the public employees’ retirement system established in chapter 97B, except as provided in paragraphs “a” and “b”.
a. District associate judges who exercised the election under section 602.11115, subsection 1, are members of the public employees’ retirement system and are not members of the judicial retirement system. District associate judges who exercised the election under section 602.11115, subsection 2, are members of the judicial retirement system and are inactive members of the public employees’ retirement system.
b. District associate judges appointed after June 30, 1984, judges of the supreme court and court of appeals, and district judges, who were vested members of the public employees’ retirement system at the time they became members of the judicial retirement system, and whose contributions in the public employees’ retirement system were not refunded to them prior to the repeal of section 97B.69, are members of the judicial retirement system and are inactive vested members of the public employees’ retirement system until they become qualified to receive retirement benefits from the judicial retirement system and become retired members of the public employees’ retirement system or voluntarily withdraw their contributions from the public employees’ retirement system.
2. Magistrates shall be members of the Iowa public employees’ retirement system unless the magistrate elects out of coverage under the Iowa public employees’ retirement system as provided in section 97B.42A.
3. Commencing July 1, 1998, associate juvenile judges and associate probate judges, who are appointed on a full-time basis, are members of the judicial retirement system established in article 9, part 1, and are not members of the public employees’ retirement system established in chapter 97B, except as provided in section 602.11116.
83 Acts, ch 186, §1611, 10201; 84 Acts, ch 1285, §26; 86 Acts, ch 1243, §34; 98 Acts, ch 1183, §72, 100, 104; 2003 Acts, ch 151, §32
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1612 - Temporary service by retired judges.

602.1612 Temporary service by retired judges.
1. Justices of the supreme court, judges of the court of appeals, district judges, and district associate judges who are retired by reason of age or who are drawing benefits under section 602.9106, and senior judges who have retired under section 602.9207 or who have relinquished senior judgeship under section 602.9208, subsection 1, may with their consent be assigned by the supreme court to temporary judicial duties on a court in this state if the assignment is deemed necessary by the supreme court to expedite the administration of justice.
2. A retired justice or judge shall not engage in the practice of law unless the justice or judge files an election to practice law with the clerk of the supreme court. Upon electing to practice law, the justice or judge is ineligible for assignment to temporary judicial duties at any time.
3. While serving under temporary assignment, a retired justice or judge shall be paid the compensation and expense reimbursement provided by law for justices or judges on the court to which assigned, but shall not receive annuity payments under the judicial retirement system and a district associate judge covered under chapter 97B shall receive monthly benefits under that chapter only if the district associate judge has attained the age of seventy years.
4. A retired justice or judge may be authorized by the order of assignment to appoint a temporary court reporter, who shall receive the compensation and expense reimbursement provided by law for a regular court reporter in the court to which the justice or judge is assigned.
5. An order of assignment shall be filed in the office of the clerk of the court on which the justice or judge is to serve.
83 Acts, ch 186, §1612, 10201; 90 Acts, ch 1271, §1511
Referred to in §4.1, 46.16, 602.1101, 602.9206, 602.9208, 602.11114
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.1613 - Court employee retirement.

602.1613 Court employee retirement.
Court employees are members of the Iowa public employees’ retirement system under chapter 97B, except as otherwise provided in chapter 97B or this chapter.
83 Acts, ch 186, §1613, 10201; 84 Acts, ch 1285, §27
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.2101 - Authority.

602.2101 Authority.
The supreme court may retire, discipline, or remove a judicial officer from office or may discipline or remove an employee of the judicial branch for cause as provided in this part.
83 Acts, ch 186, §3101, 10201; 92 Acts, ch 1228, §31; 98 Acts, ch 1047, §53
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.2102 - Commission on judicial qualifications.

602.2102 Commission on judicial qualifications.
1. A seven-member “Commission on Judicial Qualifications” is established. The commission consists of one district judge and two members who are practicing attorneys in Iowa and who do not belong to the same political party, to be appointed by the chief justice; and four electors of the state who are not attorneys, no more than two of whom belong to the same political party, to be appointed by the governor, subject to confirmation by the senate. The commission members shall serve for six-year terms, are ineligible for a second term, and except for the judicial member shall not hold any other office of and shall not be employed by the United States or the state of Iowa or its political subdivisions. Members appointed by the chief justice shall serve terms beginning January 1 of the year for which the appointments are made and members appointed by the governor shall serve staggered terms beginning and ending as provided by section 69.19. Vacancies shall be filled by appointment by the chief justice or governor as provided in this subsection, for the unexpired portion of the term.
2. If the judicial member is the subject of a charge before the commission, the chief justice shall appoint a district judge of another judicial district to act as the judicial member of the commission until the person charged is exonerated, or for the unexpired portion of the term if the person charged is not exonerated. If the judicial member is a resident judge of the same judicial district as the judicial officer who is the subject of a charge before the commission, the chief justice shall appoint a district judge of another judicial district to act as the judicial member during that proceeding.
3. The commission shall elect its own chairperson, and the state court administrator or a designee of the state court administrator is the executive secretary of the commission.
83 Acts, ch 186, §3102, 10201
Referred to in §602.1512
Confirmation, see §2.32
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.2103 - Operation of commission.

602.2103 Operation of commission.
A quorum of the commission is four members. Only those commission members that are present at commission meetings or hearings may vote. An application by the commission to the supreme court to retire, discipline, or remove a judicial officer, or discipline or remove an employee of the judicial branch, or an action by the commission which affects the final disposition of a complaint, requires the affirmative vote of at least four commission members. Notwithstanding chapter 21 and chapter 22, all records, papers, proceedings, meetings, and hearings of the commission are confidential, but if the commission applies to the supreme court to retire, discipline, or remove a judicial officer, or to discipline or remove an employee of the judicial branch, the application and all of the records and papers in that proceeding are public documents.
83 Acts, ch 186, §3103, 10201; 92 Acts, ch 1228, §32; 98 Acts, ch 1047, §54
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.2106 - Procedure before supreme court.

602.2106 Procedure before supreme court.
1. If the commission submits an application to the supreme court to retire, discipline, or remove a judicial officer or to discipline or remove an employee of the judicial branch, the commission shall promptly file in the supreme court a transcript of the hearing before the commission. The statutes and rules relative to proceedings in appeals of equity suits apply.
2. The attorney general shall prosecute the proceedings in the supreme court on behalf of the state, and the judicial officer or employee of the judicial branch may defend in person and by counsel.
3. Upon application by the commission, the supreme court may do any of the following:
a. Retire the judicial officer for permanent physical or mental disability which substantially interferes with the performance of judicial duties.
b. Discipline or remove the judicial officer for persistent failure to perform duties, habitual intemperance, willful misconduct in office, conduct which brings judicial office into disrepute, or substantial violation of the canons of judicial ethics. Discipline may include suspension without pay for a definite period of time not to exceed twelve months.
c. Discipline or remove an employee of the judicial branch for conduct which violates the code of ethics prescribed by the supreme court for court employees.
4. If the supreme court finds that the application should be granted in whole or in part, it shall render the decree that it deems appropriate.
83 Acts, ch 186, §3106, 10201; 92 Acts, ch 1228, §34; 98 Acts, ch 1047, §56
Referred to in §602.9207, 602.9208
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.2107 - Civil immunity.

602.2107 Civil immunity.
The making of charges before the commission, the giving of evidence or information before the commission or to an investigator or legal counsel employed by the commission, and the presentation of transcripts, extensions of evidence, briefs, and arguments in the supreme court are privileged in actions for defamation.
83 Acts, ch 186, §3107, 10201; 92 Acts, ch 1228, §35
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.2301 - Judicial officer appointment— delay.

602.2301 Judicial officer appointment — delay.
1. Notwithstanding section 46.12, the chief justice may order the state commissioner of elections to delay, for budgetary reasons, the sending of a notification to the proper judicial nominating commission that a vacancy in the supreme court, court of appeals, or district court has occurred or will occur.
2. Notwithstanding sections 602.6304, 602.7103B, and 633.20B, the chief justice may order the state commissioner of elections to delay, for budgetary reasons, the sending of a notification to the governor that a vacancy in the office of district associate judge, associate juvenile judge, or associate probate judge has occurred or will occur.
3. Notwithstanding section 602.6403, subsection 3, if a magistrate position is vacant due to a death, resignation, retirement, an increase in the number of positions authorized, or to the removal of a magistrate, the chief justice may order any county magistrate appointing commission to delay, for budgetary reasons, the appointment of a magistrate to serve the remainder of an unexpired term.
4. Any delay authorized by the chief justice pursuant to this section shall not exceed one year in duration, and not more than eight delays authorized by the chief justice shall be in effect at any one time.
2011 Acts, ch 78, §2; 2022 Acts, ch 1033, §3
Subsection 2 amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3101 - Board of examiners.

602.3101 Board of examiners.
1. A five-member board of examiners of shorthand reporters is established, consisting of three certified shorthand reporters and two persons who are not certified shorthand reporters and who shall represent the general public. Members shall be appointed by the supreme court. A certified member shall be actively engaged in the practice of certified shorthand reporting and shall have been so engaged for five years preceding appointment, the last two of which shall have been in Iowa. Professional associations or societies composed of certified shorthand reporters may recommend the names of potential board members to the supreme court, but the supreme court is not bound by the recommendations. A board member shall not be required to be a member of a professional association or society composed of certified shorthand reporters.
2. The supreme court shall appoint the administrator of the board.
3. The supreme court shall supervise the board and may review, approve, modify, or reject any board action, procedure, or decision. The supreme court may adopt rules to implement this subsection.
83 Acts, ch 186, §4101, 10201; 2006 Acts, ch 1129, §4; 2010 Acts, ch 1159, §8; 2017 Acts, ch 133, §6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3102 - Terms of office.

602.3102 Terms of office.
Appointments shall be for three-year terms and each term shall commence on July 1 of the year in which the appointment is made. Vacancies shall be filled for the unexpired term by appointment by the supreme court. Members shall serve a maximum of three terms or nine years, whichever is less.
83 Acts, ch 186, §4102, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3103 - Public members.

602.3103 Public members.
The public members of the board may participate in administrative, clerical, or ministerial functions incident to giving the examination, but shall not determine the content of the examination or determine the correctness of the answers.
83 Acts, ch 186, §4103, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3104 - Meetings.

602.3104 Meetings.
The board of examiners shall fix stated times for the examination of the candidates and shall hold at least one meeting each year at the seat of government. A majority of the members of the board constitutes a quorum.
83 Acts, ch 186, §4104, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3105 - Applications.

602.3105 Applications.
Applications for certification shall be on forms prescribed and furnished by the board and the board shall not require that the application contain a photograph of the applicant. An applicant shall not be denied certification because of age, citizenship, sex, race, religion, marital status, or national origin although the application may require citizenship information. Character references may be required, but shall not be obtained from certified shorthand reporters.
83 Acts, ch 186, §4105, 10201; 89 Acts, ch 296, §80; 2015 Acts, ch 84, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3106 - Fees — appropriation.

602.3106 Fees — appropriation.
1. The supreme court shall set the fee for certification examinations. The fee shall be based on the annual cost of administering the examinations and upon the administrative costs of sustaining the board, which shall include but shall not be limited to the cost for per diem, expenses, and travel for board members, and office facilities, supplies, and equipment.
2. The fees collected are appropriated to the judicial branch and shall be used to offset the expenses of the board, including the costs of administering the examination.
83 Acts, ch 186, §4106, 10201; 93 Acts, ch 85, §3; 2013 Acts, ch 45, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3107 - Examinations.

602.3107 Examinations.
The board may administer as many examinations per year as necessary, but shall administer at least one examination per year. The scope of the examinations and the methods of procedure shall be prescribed by the board. A written examination may be conducted by representatives of the board. Examinations in theory shall be in writing and the identity of the person taking the examination shall be concealed until after the examination papers have been graded. For examinations in practice, the identity of the person taking the examination also shall be concealed as far as possible. Applicants who fail the examination once may take the examination at the next scheduled time. Thereafter, the applicant may be allowed to take the examination at the discretion of the board. An applicant who has failed the examination may request in writing information from the board concerning the examination grade and subject areas or questions which the applicant failed to answer correctly, and the board shall provide the information. However, if the board administers a uniform, standardized examination, the board is only required to provide the examination grade and other information concerning the applicant’s examination results that is available to the board.
83 Acts, ch 186, §4107, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3108 - Certification.

602.3108 Certification.
The board may issue a certificate to a person of good moral character and fitness who makes application on a form prescribed and furnished by the board and who satisfies the education, experience, and examination requirements of this article and rules prescribed by the supreme court pursuant to this article. The board may consider the applicant’s past record of any felony conviction and the applicant’s past record of disciplinary action with respect to certification as a shorthand reporter in any jurisdiction. The board may deny certification if the board finds the applicant has committed any of the acts listed in section 602.3203 or has made a false statement of material fact on the application for certification.
2015 Acts, ch 84, §2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3201 - Requirement of certification — use of title.

602.3201 Requirement of certification — use of title.
A person shall not engage in the profession of shorthand reporting unless the person is certified pursuant to this chapter, or otherwise exempted pursuant to section 602.6603, subsection 4. Only a person who is certified by the board may assume the title of certified shorthand reporter, or use the abbreviation C.S.R., or any words, letters, or figures to indicate that the person is a certified shorthand reporter.
83 Acts, ch 186, §4201, 10201; 89 Acts, ch 296, §81
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3202 - Transcript fee.

602.3202 Transcript fee.
Certified shorthand reporters are entitled to receive compensation for transcribing their official notes as set by rule of the supreme court, to be paid for in all cases by the party ordering the transcription.
83 Acts, ch 186, §4202, 10201
Referred to in §602.1502
Fees; see
R.App.P. 6.803(4), (5)
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3203 - Revocation or suspension.

602.3203 Revocation or suspension.
A certification may be revoked or suspended if the person is guilty of any of the following acts or offenses:
1. Fraud in procuring a license.
2. Professional incompetency.
3. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of shorthand reporting, or engaging in unethical conduct or in a practice that is harmful or detrimental to the public. Proof of actual injury need not be established.
4. Habitual intoxication or addiction to the use of drugs.
5. Conviction of a felony. A copy of the record of conviction or plea of guilty is conclusive evidence.
6. Fraud in representations relating to skill or ability.
7. Use of untruthful or improbable statements in advertisements.
8. Noncompliance with section 602.3204.
83 Acts, ch 186, §4203, 10201; 89 Acts, ch 296, §82; 2015 Acts, ch 84, §3
Referred to in §272C.3, 272C.4, 602.3108, 602.3205
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3204 - Transcript integrity.

602.3204 Transcript integrity.
A certified shorthand reporter taking a deposition, or any other person with whom the certified shorthand reporter has a principal-agent or employer-employee relationship, shall not enter into an agreement for reporting services that requires the certified shorthand reporter to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney.
2015 Acts, ch 84, §4
Referred to in §602.3203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3205 - Audio recordings.

602.3205 Audio recordings.
1. Except as provided in subsection 2 or 3, a certified shorthand reporter’s audio recordings used solely for the purpose of providing a verbatim written transcript of a court proceeding or a proceeding conducted in anticipation of use in a court proceeding shall be considered the personal property and private work product of the certified shorthand reporter.
2. An audio recording of a certified shorthand reporter appointed under section 602.6603 shall be provided to the presiding judge or chief judge for an in camera review upon court order for good cause shown.
3. a. An audio recording of a certified shorthand reporter shall be provided to the board upon request by the board if a disciplinary proceeding is pending regarding the certified shorthand reporter who is a respondent under the provisions of section 602.3203 or the rules of the board of examiners of shorthand reporters,
Iowa court rules, ch. 46
.
b. The audio recordings provided to the board pursuant to this subsection shall be kept confidential by the board in a manner as provided in section 272C.6, subsection 4.
2015 Acts, ch 84, §5; 2015 Acts, ch 138, §47, 161, 162
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3206 - Exempt status.

602.3206 Exempt status.
If a person’s certification as a shorthand reporter is placed in exempt status, the person may transcribe or certify a proceeding the person reported while certified as an active shorthand reporter. A person transcribing or certifying a proceeding pursuant to this section shall remain subject to the jurisdiction of the board of examiners of shorthand reporters.
2017 Acts, ch 133, §7
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.3301 - Misuse of confidential information — penalty.

602.3301 Misuse of confidential information — penalty.
1. A member of the board shall not disclose information relating to the following:
a. Criminal history or prior misconduct of the applicant.
b. The contents of the examination.
c. Examination results other than final scores except for information about the results of an examination which is given to the person who took the examination.
2. A member of the board who willfully communicates or seeks to communicate information referred to in subsection 1, or a person who willfully requests, obtains, or seeks to obtain information referred to in subsection 1, is guilty of a simple misdemeanor.
83 Acts, ch 186, §4301, 10201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 602 - JUDICIAL BRANCH › Section 602.4101 - Justices — quorum.

602.4101 Justices — quorum.
1. The supreme court consists of seven justices. A majority of the justices sitting constitutes a quorum, but fewer than three justices is not a quorum.
2. Justices of the supreme court shall be nominated and appointed and shall stand for retention in office as provided in chapter 46. Justices of the supreme court shall qualify for office as provided in chapter 63.
83 Acts, ch 186, §5101, 10201; 98 Acts, ch 1184, §1, 4