Maybe. Maybe not

The Iowa Legislature changed the law about Magistrates in 2009.  Prior to that time, you didn't have to hold a law license in order to be a Magistrate.  But the legislation passed in 2009 didn't cover the situation of someone who had a law license, but then had it taken away--as may be the case with Winneshiek County Magistrate Steve Schrader.

Last week the Iowa Supreme Court suspended Schrader's law license for failing to respond to a complaint filed against him.  However, procedures allow Schroeder to file an appeal of the Supreme Court's ruling.

The law license suspension came as a result of an investigation by the Attorney Disciplinary Board.  A different state court board--the Iowa Judicial Qualifications Commission--would determine if Schrader can continue to be a magistrate judge and would make a recommendation to the Iowa Supreme Court, which would issue a ruling.

Iowa Judicial Branch Communications Officer Steve Davis says "A situation like this has not been brought to the commission before because, in 2009, the Iowa Legislature changed the statute to require magistrates to be attorney."
 
The Iowa Supreme Court website says the Judicial Qualifications Commission can make a recommendation for disciplinary action to the Iowa Supreme Court for a public reprimand, temporary suspension without pay (up to 12 months) or termination.

The Iowa Supreme Court would evaluate the circumstances of the case independent of the commission's report and recommendations. The attorney general is the prosecutor in the proceedings on behalf of the state. The attorney general has the burden of proof and must convince the supreme court that the complaint is true by a "preponderance of evidence." The Iowa Supreme Court ultimately determines the appropriate discipline and, according to the Supreme Court's website, "will substitute its judgment for that of the commission when appropriate."