Iowa Code 602.6405 – Jurisdiction — procedure
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Terms Used In Iowa Code 602.6405
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
- Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- year: means twelve consecutive months. See Iowa Code 4.1
602.6405 Jurisdiction — procedure.
1. Magistrates have jurisdiction of simple misdemeanors regardless of the amount of the fine, including traffic and ordinance violations, and preliminary hearings, search warrant proceedings, county and municipal infractions, and small claims. Magistrates have jurisdiction to determine the disposition of livestock or another animal, as provided in sections 717.5 and 717B.4, if the magistrate determines the value of the livestock or animal is less than ten thousand dollars. Magistrates have jurisdiction to exercise the powers specified in sections 556F.2 and 556F.12, and to hear complaints or preliminary informations, issue warrants, order arrests, make commitments, and take bail. Magistrates have jurisdiction over violations of § 123.49, subsection 2, paragraph “”h””. Magistrates who are admitted to the practice of law in this state have jurisdiction over all proceedings for the involuntary commitment, treatment, or hospitalization of individuals under chapters 125 and 229, except as otherwise provided under § 229.6A; nonlawyer magistrates have jurisdiction over emergency detention and hospitalization proceedings under sections 125.91 and 229.22. Magistrates have jurisdiction to conduct hearings authorized under § 809.4.
2. a. Magistrates shall hear and determine violations of and penalties for violations of § 453A.2, subsection 2.
b. Magistrates shall forward copies of citations issued for violations of § 453A.2, subsection 2, and of their dispositions to the clerk of the district court. The clerk of the district court shall maintain records of citations issued and the dispositions of citations, and shall forward a copy of the records to the department of health and human services.
3. The criminal procedure before magistrates is as provided in chapters 804, 806, 808,
811, 820 and 821 and rules of criminal procedure 2.1, 2.2, 2.5, 2.7, 2.8, and 2.51 to 2.75. The civil procedure before magistrates shall be as provided in chapters 631 and 648.
4. Trials and contested hearings within a magistrate’s jurisdiction shall be electronically recorded, unless a party provides a certified court reporter at the party’s expense. The electronic recordings shall be securely maintained consistent with the practices and procedures prescribed by the state court administrator and shall be retained for one year after entry of a final judgment in the trial court or until thirty days after final disposition, whichever is later. Transcripts from electronic recordings required for appeals shall be produced and paid for in a manner consistent with practices and procedures prescribed by the state court administrator.
83 Acts, ch 186, §7405, 10201; 84 Acts, ch 1275, §7; 87 Acts, ch 99, §7; 88 Acts, ch 1092, §1;
90 Acts, ch 1251, §54; 91 Acts, ch 108, §8; 92 Acts, ch 1231, §53; 94 Acts, ch 1103, §5; 96 Acts, ch 1133, §46; 2000 Acts, ch 1105, §8; 2010 Acts, ch 1140, §23; 2016 Acts, ch 1022, §2; 2023
Acts, ch 19, §1266
Referred to in §602.1209, 602.6306
Subsection 2, paragraph b amended
1. Magistrates have jurisdiction of simple misdemeanors regardless of the amount of the fine, including traffic and ordinance violations, and preliminary hearings, search warrant proceedings, county and municipal infractions, and small claims. Magistrates have jurisdiction to determine the disposition of livestock or another animal, as provided in sections 717.5 and 717B.4, if the magistrate determines the value of the livestock or animal is less than ten thousand dollars. Magistrates have jurisdiction to exercise the powers specified in sections 556F.2 and 556F.12, and to hear complaints or preliminary informations, issue warrants, order arrests, make commitments, and take bail. Magistrates have jurisdiction over violations of § 123.49, subsection 2, paragraph “”h””. Magistrates who are admitted to the practice of law in this state have jurisdiction over all proceedings for the involuntary commitment, treatment, or hospitalization of individuals under chapters 125 and 229, except as otherwise provided under § 229.6A; nonlawyer magistrates have jurisdiction over emergency detention and hospitalization proceedings under sections 125.91 and 229.22. Magistrates have jurisdiction to conduct hearings authorized under § 809.4.
2. a. Magistrates shall hear and determine violations of and penalties for violations of § 453A.2, subsection 2.
b. Magistrates shall forward copies of citations issued for violations of § 453A.2, subsection 2, and of their dispositions to the clerk of the district court. The clerk of the district court shall maintain records of citations issued and the dispositions of citations, and shall forward a copy of the records to the department of health and human services.
3. The criminal procedure before magistrates is as provided in chapters 804, 806, 808,
811, 820 and 821 and rules of criminal procedure 2.1, 2.2, 2.5, 2.7, 2.8, and 2.51 to 2.75. The civil procedure before magistrates shall be as provided in chapters 631 and 648.
4. Trials and contested hearings within a magistrate’s jurisdiction shall be electronically recorded, unless a party provides a certified court reporter at the party’s expense. The electronic recordings shall be securely maintained consistent with the practices and procedures prescribed by the state court administrator and shall be retained for one year after entry of a final judgment in the trial court or until thirty days after final disposition, whichever is later. Transcripts from electronic recordings required for appeals shall be produced and paid for in a manner consistent with practices and procedures prescribed by the state court administrator.
83 Acts, ch 186, §7405, 10201; 84 Acts, ch 1275, §7; 87 Acts, ch 99, §7; 88 Acts, ch 1092, §1;
90 Acts, ch 1251, §54; 91 Acts, ch 108, §8; 92 Acts, ch 1231, §53; 94 Acts, ch 1103, §5; 96 Acts, ch 1133, §46; 2000 Acts, ch 1105, §8; 2010 Acts, ch 1140, §23; 2016 Acts, ch 1022, §2; 2023
Acts, ch 19, §1266
Referred to in §602.1209, 602.6306
Subsection 2, paragraph b amended