Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

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 20…

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

1. The supreme court shall establish, and may amend, a personnel system and a pay and benefits plan for court employees. The personnel system shall include a designation by position title, classification, and function of each position or class of positions within the judicial bra…

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 …

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 d…

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 emergenc…

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

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 maxim…

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

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…

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 a…

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

All judicial proceedings shall be public, unless otherwise specially provided by statute or agreed to by the parties. 83 Acts, ch 186, §1601, 10201 Referred to in §22A.2

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.…

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

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…

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 i…

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 evidentia…

A full-time court employee shall not practice as an attorney or counselor of law. 83 Acts, ch 186, §1607, 10201

Court employees shall not accept any compensation, fee, or reward for services rendered in connection with duties of court employment except the compensation provided by law. 83 Acts, ch 186, §1608, 10201

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 presc…

1. Judicial officers shall cease to hold office upon reaching the mandatory retirement age. a. The mandatory retirement age is seventy-eight years for all justices of the supreme court, judges of the court of appeals, and district judges. b. The mandatory retirement age is sevent…

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 …

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 relinquishe…

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

1. As used in this section , “governmental agencies” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision…

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

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 …

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 o…

1. Charges before the commission shall be in writing but may be simple and informal. The commission shall investigate each charge as indicated by its gravity. If the charge is groundless, it shall be dismissed by the commission. If the charge appears to be substantiated but does …

The commission shall prescribe rules for its operation and procedure. 83 Acts, ch 186, §3105, 10201 See Iowa Ct.R., ch 52

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 commi…

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 …

Judicial officers may be removed from office by impeachment pursuant to chapter 68 . 83 Acts, ch 186, §3201, 10201

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…

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 ce…

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, whiche…

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

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

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, mari…

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, exp…

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 t…

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 co…

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 3 . Only a person who is certified by the board may assume the title of certified shorthand …

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.Ap…

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 shortha…