20-364.   Abolition of all associate district judge positions; creationof new district judge positions; procedure.(a) The terms of office of all associate district judgesholding office on January 11, 1987, shall expire on that date and, on andafter January 12, 1987, all associate district judge positions shall be abolished.

      (b)   On and after January 12, 1987, there is hereby created, in each judicialdistrict, new district judge positions equal in number to the associatedistrict judge positions abolished in the district pursuant to subsection (a).

      (c)   In a judicial district which elects judges of the district court:

      (1)   When an associate district judge of the district is elected or appointedfor a term which, if not for the provisions of subsection (a), would expireon January 8, 1989, the judge shall be elected or appointed to serve throughJanuary 11, 1987, as associate district judge of the district and on andafter January 12, 1987, through January 8, 1989, as district judge inone of the new positions to be created in the district by this section.

      (2)   The remaining new district judge positions to be created inthe district by this section shall be filled by nomination and election at the stateprimary and general elections in 1986 in the same manner as the nominationand election of a district judge to an existing position in the district.

      (d)   In a judicial district which selects judges of the district courtby nonpartisan selection:

      (1)   When an associate district judge of the district stands for retentionor is appointed for a term which, if not for the provisions of subsection(a), would expire on January 8, 1989, the judge shall be retained or appointedto serve through January 11, 1987, as associate district judge of the districtand on and after January 12, 1987, through January 8, 1989, as districtjudge in one of the new positions to be created in the district by this section.

      (2)   Each remaining associate district judge of the district whose termwill expire January 11, 1987, shall be eligible to stand for retention atthe state general election in 1986 as district judge in one of the new positionsto be created in the district by this section in the same manner asan incumbent district judge in an existingposition of the judicial district. If any such associate district judge doesnot file a declaration of candidacy for retention in office as districtjudge in a new position to be created by this section, the new positionshall be filled in the manner provided for filling a vacancy inan existing district judge position in the judicial district.

      (e)   If it is provided by law that an associate district judge positioneliminated pursuant to this section shall be in a particular county andif a new division of the district court is created to replace that associatedistrict judge position, any district judge of the new division of the districtcourt shall be required to be a resident of the county in which the formerassociate district judge position was located.

      History:   L. 1983, ch. 105, § 8; April 28.