229.21 JUDICIAL HOSPITALIZATION REFEREE -- APPEALS TO
DISTRICT COURT.
1. The chief judge of each judicial district may appoint at least
one judicial hospitalization referee for each county within the
district. The judicial hospitalization referee shall be an attorney,
licensed to practice law in this state, who shall be chosen with
consideration to any training, experience, interest, or combination
of those factors, which are pertinent to the duties of the office.
The referee shall hold office at the pleasure of the chief judge of
the judicial district and receive compensation at a rate fixed by the
supreme court. If the referee expects to be absent for any
significant length of time, the referee shall inform the chief judge
who may appoint a temporary substitute judicial hospitalization
referee having the qualifications set forth in this subsection.
2. When an application for involuntary hospitalization under this
chapter or an application for involuntary commitment or treatment of
chronic substance abusers under sections 125.75 to 125.94 is filed
with the clerk of the district court in any county for which a
judicial hospitalization referee has been appointed, and no district
judge, district associate judge, or magistrate who is admitted to the
practice of law in this state is accessible, the clerk shall
immediately notify the referee in the manner required by section
229.7 or section 125.77. The referee shall discharge all of the
duties imposed upon the court by sections 229.7 to 229.22 or sections
125.75 to 125.94 in the proceeding so initiated. Subject to the
provisions of subsection 4, orders issued by a referee, in discharge
of duties imposed under this section, shall have the same force and
effect as if ordered by a district judge. However, any commitment to
a facility regulated and operated under chapter 135C, shall be in
accordance with section 135C.23.
3. a. Any respondent with respect to whom the magistrate or
judicial hospitalization referee has found the contention that the
respondent is seriously mentally impaired or a chronic substance
abuser sustained by clear and convincing evidence presented at a
hearing held under section 229.12 or section 125.82, may appeal from
the magistrate's or referee's finding to a judge of the district
court by giving the clerk notice in writing, within ten days after
the magistrate's or referee's finding is made, that an appeal is
taken. The appeal may be signed by the respondent or by the
respondent's next friend, guardian, or attorney.
b. An order of a magistrate or judicial hospitalization
referee with a finding that the respondent is seriously mentally
impaired or a chronic substance abuser shall include the following
notice, located conspicuously on the face of the order:
"NOTE: The respondent may appeal from this order to a judge of
the district court by giving written notice of the appeal to the
clerk of the district court within ten days after the date of this
order. The appeal may be signed by the respondent or by the
respondent's next friend, guardian, or attorney. For a more complete
description of the respondent's appeal rights, consult section 229.21
of the Code of Iowa or an attorney."
c. When appealed, the matter shall stand for trial de novo.
Upon appeal, the court shall schedule a hospitalization or commitment
hearing before a district judge at the earliest practicable time.
d. Any respondent with respect to whom the magistrate or
judicial hospitalization referee has held a placement hearing and has
entered a placement order may appeal the order to a judge of the
district court. The request for appeal must be given to the clerk in
writing within ten days of the entry of the magistrate's or referee's
order. The request for appeal shall be signed by the respondent, or
the respondent's next friend, guardian, or attorney.
4. If the appellant is in custody under the jurisdiction of the
district court at the time of service of the notice of appeal, the
appellant shall be discharged from custody unless an order that the
appellant be taken into immediate custody has previously been issued
under section 229.11 or section 125.81, in which case the appellant
shall be detained as provided in that section until the
hospitalization or commitment hearing before the district judge. If
the appellant is in the custody of a hospital or facility at the time
of service of the notice of appeal, the appellant shall be discharged
from custody pending disposition of the appeal unless the chief
medical officer, not later than the end of the next secular day on
which the office of the clerk is open and which follows service of
the notice of appeal, files with the clerk a certification that in
the chief medical officer's opinion the appellant is seriously
mentally ill or a substance abuser. In that case, the appellant
shall remain in custody of the hospital or facility until the
hospitalization or commitment hearing before the district court.
5. The hospitalization or commitment hearing before the district
judge shall be held, and the judge's finding shall be made and an
appropriate order entered, as prescribed by sections 229.12 and
229.13 or sections 125.82 and 125.83. If the judge orders the
appellant hospitalized or committed for a complete psychiatric or
substance abuse evaluation, jurisdiction of the matter shall revert
to the judicial hospitalization referee.
229.21 JUDICIAL HOSPITALIZATION REFEREE -- APPEALS TO
DISTRICT COURT.
1. The chief judge of each judicial district may appoint at least
one judicial hospitalization referee for each county within the
district. The judicial hospitalization referee shall be an attorney,
licensed to practice law in this state, who shall be chosen with
consideration to any training, experience, interest, or combination
of those factors, which are pertinent to the duties of the office.
The referee shall hold office at the pleasure of the chief judge of
the judicial district and receive compensation at a rate fixed by the
supreme court. If the referee expects to be absent for any
significant length of time, the referee shall inform the chief judge
who may appoint a temporary substitute judicial hospitalization
referee having the qualifications set forth in this subsection.
2. When an application for involuntary hospitalization under this
chapter or an application for involuntary commitment or treatment of
chronic substance abusers under sections 125.75 to 125.94 is filed
with the clerk of the district court in any county for which a
judicial hospitalization referee has been appointed, and no district
judge, district associate judge, or magistrate who is admitted to the
practice of law in this state is accessible, the clerk shall
immediately notify the referee in the manner required by section
229.7 or section 125.77. The referee shall discharge all of the
duties imposed upon the court by sections 229.7 to 229.22 or sections
125.75 to 125.94 in the proceeding so initiated. Subject to the
provisions of subsection 4, orders issued by a referee, in discharge
of duties imposed under this section, shall have the same force and
effect as if ordered by a district judge. However, any commitment to
a facility regulated and operated under chapter 135C, shall be in
accordance with section 135C.23.
3. a. Any respondent with respect to whom the magistrate or
judicial hospitalization referee has found the contention that the
respondent is seriously mentally impaired or a chronic substance
abuser sustained by clear and convincing evidence presented at a
hearing held under section 229.12 or section 125.82, may appeal from
the magistrate's or referee's finding to a judge of the district
court by giving the clerk notice in writing, within ten days after
the magistrate's or referee's finding is made, that an appeal is
taken. The appeal may be signed by the respondent or by the
respondent's next friend, guardian, or attorney.
b. An order of a magistrate or judicial hospitalization
referee with a finding that the respondent is seriously mentally
impaired or a chronic substance abuser shall include the following
notice, located conspicuously on the face of the order:
"NOTE: The respondent may appeal from this order to a judge of
the district court by giving written notice of the appeal to the
clerk of the district court within ten days after the date of this
order. The appeal may be signed by the respondent or by the
respondent's next friend, guardian, or attorney. For a more complete
description of the respondent's appeal rights, consult section 229.21
of the Code of Iowa or an attorney."
c. When appealed, the matter shall stand for trial de novo.
Upon appeal, the court shall schedule a hospitalization or commitment
hearing before a district judge at the earliest practicable time.
d. Any respondent with respect to whom the magistrate or
judicial hospitalization referee has held a placement hearing and has
entered a placement order may appeal the order to a judge of the
district court. The request for appeal must be given to the clerk in
writing within ten days of the entry of the magistrate's or referee's
order. The request for appeal shall be signed by the respondent, or
the respondent's next friend, guardian, or attorney.
4. If the appellant is in custody under the jurisdiction of the
district court at the time of service of the notice of appeal, the
appellant shall be discharged from custody unless an order that the
appellant be taken into immediate custody has previously been issued
under section 229.11 or section 125.81, in which case the appellant
shall be detained as provided in that section until the
hospitalization or commitment hearing before the district judge. If
the appellant is in the custody of a hospital or facility at the time
of service of the notice of appeal, the appellant shall be discharged
from custody pending disposition of the appeal unless the chief
medical officer, not later than the end of the next secular day on
which the office of the clerk is open and which follows service of
the notice of appeal, files with the clerk a certification that in
the chief medical officer's opinion the appellant is seriously
mentally ill or a substance abuser. In that case, the appellant
shall remain in custody of the hospital or facility until the
hospitalization or commitment hearing before the district court.
5. The hospitalization or commitment hearing before the district
judge shall be held, and the judge's finding shall be made and an
appropriate order entered, as prescribed by sections 229.12 and
229.13 or sections 125.82 and 125.83. If the judge orders the
appellant hospitalized or committed for a complete psychiatric or
substance abuse evaluation, jurisdiction of the matter shall revert
to the judicial hospitalization referee.
229.21 JUDICIAL HOSPITALIZATION REFEREE -- APPEALS TO
DISTRICT COURT.
1. The chief judge of each judicial district may appoint at least
one judicial hospitalization referee for each county within the
district. The judicial hospitalization referee shall be an attorney,
licensed to practice law in this state, who shall be chosen with
consideration to any training, experience, interest, or combination
of those factors, which are pertinent to the duties of the office.
The referee shall hold office at the pleasure of the chief judge of
the judicial district and receive compensation at a rate fixed by the
supreme court. If the referee expects to be absent for any
significant length of time, the referee shall inform the chief judge
who may appoint a temporary substitute judicial hospitalization
referee having the qualifications set forth in this subsection.
2. When an application for involuntary hospitalization under this
chapter or an application for involuntary commitment or treatment of
chronic substance abusers under sections 125.75 to 125.94 is filed
with the clerk of the district court in any county for which a
judicial hospitalization referee has been appointed, and no district
judge, district associate judge, or magistrate who is admitted to the
practice of law in this state is accessible, the clerk shall
immediately notify the referee in the manner required by section
229.7 or section 125.77. The referee shall discharge all of the
duties imposed upon the court by sections 229.7 to 229.22 or sections
125.75 to 125.94 in the proceeding so initiated. Subject to the
provisions of subsection 4, orders issued by a referee, in discharge
of duties imposed under this section, shall have the same force and
effect as if ordered by a district judge. However, any commitment to
a facility regulated and operated under chapter 135C, shall be in
accordance with section 135C.23.
3. a. Any respondent with respect to whom the magistrate or
judicial hospitalization referee has found the contention that the
respondent is seriously mentally impaired or a chronic substance
abuser sustained by clear and convincing evidence presented at a
hearing held under section 229.12 or section 125.82, may appeal from
the magistrate's or referee's finding to a judge of the district
court by giving the clerk notice in writing, within ten days after
the magistrate's or referee's finding is made, that an appeal is
taken. The appeal may be signed by the respondent or by the
respondent's next friend, guardian, or attorney.
b. An order of a magistrate or judicial hospitalization
referee with a finding that the respondent is seriously mentally
impaired or a chronic substance abuser shall include the following
notice, located conspicuously on the face of the order:
"NOTE: The respondent may appeal from this order to a judge of
the district court by giving written notice of the appeal to the
clerk of the district court within ten days after the date of this
order. The appeal may be signed by the respondent or by the
respondent's next friend, guardian, or attorney. For a more complete
description of the respondent's appeal rights, consult section 229.21
of the Code of Iowa or an attorney."
c. When appealed, the matter shall stand for trial de novo.
Upon appeal, the court shall schedule a hospitalization or commitment
hearing before a district judge at the earliest practicable time.
d. Any respondent with respect to whom the magistrate or
judicial hospitalization referee has held a placement hearing and has
entered a placement order may appeal the order to a judge of the
district court. The request for appeal must be given to the clerk in
writing within ten days of the entry of the magistrate's or referee's
order. The request for appeal shall be signed by the respondent, or
the respondent's next friend, guardian, or attorney.
4. If the appellant is in custody under the jurisdiction of the
district court at the time of service of the notice of appeal, the
appellant shall be discharged from custody unless an order that the
appellant be taken into immediate custody has previously been issued
under section 229.11 or section 125.81, in which case the appellant
shall be detained as provided in that section until the
hospitalization or commitment hearing before the district judge. If
the appellant is in the custody of a hospital or facility at the time
of service of the notice of appeal, the appellant shall be discharged
from custody pending disposition of the appeal unless the chief
medical officer, not later than the end of the next secular day on
which the office of the clerk is open and which follows service of
the notice of appeal, files with the clerk a certification that in
the chief medical officer's opinion the appellant is seriously
mentally ill or a substance abuser. In that case, the appellant
shall remain in custody of the hospital or facility until the
hospitalization or commitment hearing before the district court.
5. The hospitalization or commitment hearing before the district
judge shall be held, and the judge's finding shall be made and an
appropriate order entered, as prescribed by sections 229.12 and
229.13 or sections 125.82 and 125.83. If the judge orders the
appellant hospitalized or committed for a complete psychiatric or
substance abuse evaluation, jurisdiction of the matter shall revert
to the judicial hospitalization referee.
