Rule 22.37 - [Effective 1/1/2025] Judicial officer medical leave(1)Definitions. As used in this rule:a. "Judicial officer" includes supreme court justices, court of appeals judges, district judges, district associate judges, associate juvenile judges, associate probate judges, and magistrates, as well as the judicial officer's next friend or guardian acting on the judicial officer's behalf. "Judicial officer" in this rule does not include senior judges or judicial hospitalization referees.b. "Incapacity" means unable to substantially perform judicial work due to a serious physical or mental health condition, treatment for the condition, or recovery from the condition.c. "Treating health care provider" means a licensed physician, psychiatrist, or other health care provider licensed, accredited, registered, or certified to perform diagnosis, prevention, treatment, cure, or relief of a health care condition, illness, injury, or disease.(2)Medical leave. a. Any judicial officer who is incapacitated from performing his or her judicial duties for 10 or more business days within a period of 15 consecutive business days or for 12 or more business days within any 30-day period including holidays and nonbusiness days, must submit a request for medical leave.(1) District judges, district associate judges, associate juvenile judges, associate probate judges, and magistrates must submit requests for medical leave to the chief judge or designee of their judicial district.(2) Judges of the Iowa Court of Appeals must submit requests for medical leave to the Chief Judge of the Iowa Court of Appeals or designee.(3) Justices of the Iowa Supreme Court must submit requests for medical leave to the Chief Justice of the Iowa Supreme Court or designee.b. The judicial officer may request continuous or intermittent periods of leave, if known, in the request for medical leave.c. The judicial officer must submit documentation from a treating health care provider supporting a claim of incapacity with the request for medical leave.d. The chief judge, chief justice, or designee is responsible for granting, denying, or modifying requests for leave.(3)Medical documentation.a. The judicial officer must provide a statement from a treating health care provider that certifies that the condition incapacitates the judicial officer from performing the officer's judicial duties and indicates the start date and anticipated duration of the incapacitation.b. If the period of incapacity lasts beyond one month, the chief judge, chief justice, or designee may require the judicial officer to provide an updated statement periodically or as requested.c. The chief judge, chief justice, or designee may require a second opinion, additional evaluations, or an independent medical review at judicial branch expense.(4)Return to work.a. Prior to returning to work, the judicial officer must provide a statement from a treating health care provider certifying the judicial officer's fitness to return to work and ability to perform the judicial officer's duties.b. If the judicial officer is authorized to return to work on a reduced schedule, the chief judge, chief justice, or designee may require the judicial officer to provide an updated treating health care provider statement periodically or as requested.c. The chief judge, chief justice, or designee may require a second opinion, additional evaluations, or an independent medical review at judicial branch expense.(5) Authority.a. Failure of a judicial officer to provide a proper statement from a treating health care provider as described in this rule may result in denial of medical leave or denial of a request to return to work.b. Any refusal to cooperate or comply with the requirements of rule 22.37 may result in a referral to the Judicial Qualifications Commission.c. If a judicial officer has been on prolonged medical leave, the chief judge, chief justice, or designee may recommend that the judicial officer apply for disability retirement under Iowa Code section 602.9112 or may refer the matter to the Judicial Qualifications Commission.(6)Confidentiality. Any request, documentation, or statement submitted pursuant to rule 22.37 is confidential and may be disclosed only to necessary judicial branch and administrative personnel, health care providers, and the Judicial Qualifications Commission.Court Order December 17, 2024, effective 1/1/2025.