§ 604 - District judges; continuance in office
§ 604. District judges; continuance in office
(a) A district judge may file in the office of the secretary of state, on or before September 1 of the year preceding the expiration of the term for which he or she was appointed or retained, a declaration that he or she will be a canndidate to succeed himself or herself. However, a district judge appointed and having taken the oath of office after September 1 of the year preceding the expiration of the term of office shall automatically be a candidate for retention without filing notice. When a judge files such a declaration his or her name shall be submitted to the general assembly for a vote on retention. The general assembly shall vote upon one ballot on the question "Shall the following district judges be retained in office?" The names of the judges shall be listed followed by "Yes__ No__." If a majority of those voting on the question vote against retaining a judge in office, upon the expiration of the term a vacancy shall exist which shall be filled in accordance with the constitution and chapter 15 of this title. If the majority vote is in favor of retention, the judge shall, unless removed for cause, remain in office for another term, and at its end, shall be eligible for retention in office in the manner herein prescribed.
(b) The court administrator shall notify the secretary of state whenever a district judge is appointed and takes the oath of office after September 1 of the year preceding the expiration of the term of office to which the judge has succeeded thereby resulting in automatic notification of an intention to continue in office. Whenever a district judge files a declaration under subsection (a) of this section, or notification occurs automatically, the secretary of state shall notify the president of the senate, the speaker of the house and the legislative council forthwith. (1966, No. 64 (Sp. Sess.), § 5, eff. Jan. 1, 1967; amended 1967, No. 306 (Adj. Sess.), § 5; 1969, No. 125, § 10; 1971, No. 161 (Adj. Sess.), § 4; 1975, No. 204 (Adj. Sess.), § 9; 1979, No. 181 (Adj. Sess.), § 11; 1981, No. 3, § 3; 1985, No. 98, § 4.)