Iowa 2019-2020 Regular Session Status: Passed Senate

SF 237 — A bill for an act relating to the membership and procedures of the state judicial nominating commission and district judicial nominating commission and to the selection and qualifications of judges, associate judges, and the chief justice, and including effective date provisions. (Formerly SSB 1101.)

Last action — Rereferred to Judiciary.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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Senate File 237 - Introduced SENATE FILE 237 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1101) A BILL FOR An Act relating to the membership and procedures of the state judicial nominating commission and district judicial nominating commission and to the selection and qualifications of judges, associate judges, and the chief justice, and including effective date provisions.
Senate File 237 - Reprinted SENATE FILE 237 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1101) (As Amended and Passed by the Senate March 12, 2019) A BILL FOR An Act relating to the membership and procedures of the state judicial nominating commission and district judicial nominating commission and to the selection and qualifications of judges, associate judges, and the chief justice, and including effective date provisions.
TLSB 1707SV (1) 88 mo/jh S.F.
SF 237 (3) 88 mo/jh/mb S.F.
No person may be appointed who holds an office of profit of the United States or of the state at the time of LSB 1707SV (1) 88 -1- mo/jh 1/35 S.F.
No person may be appointed who holds an office of profit of the United States or of the state at the time of SF 237 (3) 88 -1- mo/jh/mb 1/29 S.F.
NEW SECTION.
46.1A Appointment of state judicial nominating commissioner by supreme court.
1.
The supreme court, by majority vote, shall appoint one eligible elector to the state judicial nominating commission.
2.
The appointment made by the supreme court shall be for a term of six years and shall be made in the month of January for a term commencing February 1.
3.
The commissioner shall be chosen without reference to political affiliation.
4.
The supreme court shall give due consideration to area representation on the commission when making an appointment.
5.
A person appointed to replace a commissioner in the middle of a term must be of the same gender as the commissioner being replaced.
A person appointed to replace a commissioner upon the end of a term shall be of a different gender than the commissioner being replaced.
6.
A commissioner who has served a full six-year term on the state judicial nominating commission, whether the commissioner was appointed or elected, shall be ineligible to be appointed to a second six-year term.
7.
No person may be appointed who holds an office of profit of the United States or of the state at the time of appointment.
Sec.
3.
The appointments made by the legislative leaders shall be staggered terms of six years each and shall be made in the month of January for terms commencing February 1 of odd-numbered years.
The appointments made by the legislative leaders shall be staggered terms of six years each and shall be made in the month of January for terms commencing February 1 of SF 237 (3) 88 -2- mo/jh/mb 2/29 S.F.
237 odd-numbered years.
LSB 1707SV (1) 88 -2- mo/jh 2/35 S.F.
9.
237 9.
3.
4.
Notwithstanding sections 46.1 and 46.2, the terms of the appointed and elected members commissioners of the state judicial nominating commission serving on December 31, 2012, the effective date of this Act shall expire at 11:59 p.m.
Notwithstanding sections 46.1 and 46.2, the terms of the appointed and elected members commissioners of the state SF 237 (3) 88 -3- mo/jh/mb 3/29 S.F.
237 judicial nominating commission serving on December 31, 2012, the effective date of this Act shall expire at 11:59 p.m.
In the congressional district described as the first district, there shall be one member male commissioner with a term of two years expiring on January 31, 2021, and one member female commissioner with a term of six years expiring on January 31, 2025 .
In the congressional district described as the first district, there shall be one member male commissioner with a term of two years expiring on January 31, 2021, and one member female commissioner with a term of six years expiring on January 31, 2025.
In the congressional district described as the second district, there shall be one member female commissioner with a term of two years expiring on January 31, 2021, and one member male commissioner with a term of four years expiring on January 31, 2023.
In the congressional district described as the second district, there shall be one member female commissioner with a term of two years expiring on January 31, 2021, and one member male commissioner with a term of four years expiring on January 31, 2023 .
LSB 1707SV (1) 88 -3- mo/jh 3/35 S.F.
c.
237 c.
In the congressional district described as the third district, there shall be one member female commissioner with a term of four years expiring on January 31, 2023, and one member male commissioner with a term of six years expiring on January 31, 2025.
In the congressional district described as the third district, there shall be one member female commissioner with a term of four years expiring on January 31, 2023, and one member male commissioner with a term of six years expiring on January 31, 2025 .
The supreme court shall appoint one commissioner of any gender with an initial term expiring on January 31, 2021.
SF 237 (3) 88 -4- mo/jh/mb 4/29 S.F.
237 5.
6.
In the congressional district described as the fourth district, there shall be The senate minority leader shall appoint one member male commissioner with a term of four years expiring on January 31, 2021, and one member female LSB 1707SV (1) 88 -4- mo/jh 4/35 S.F.
In the congressional district described as the fourth district, there shall be The senate minority leader shall appoint one member male commissioner with a term of four years expiring on January 31, 2021, and one member female commissioner with a term of six years expiring on January 31, 2023.
237 commissioner with a term of six years expiring on January 31, 2023.
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6.
After the initial term is served pursuant to this section, the appointed members new commissioners shall be appointed to six-year terms by the governor as provided in section 46.1, and the elected members shall be elected to six-year terms , by the supreme court as provided in section SF 237 (3) 88 -5- mo/jh/mb 5/29 S.F.
After the initial term is served pursuant to this section, the appointed members commissioners shall be appointed to six-year terms by the governor as provided in section 46.1, and the elected members shall be elected to six-year terms and by the legislative leaders as provided in section 46.2.
237 46.1A, and by the legislative leaders as provided in section 46.2.
7.
8.
If the state judicial nominating commission has received notice of a vacancy and has not yet submitted nominees to the governor prior to the effective date of this Act, the newly appointed commission may choose to extend its nomination process or conduct a new nomination process.
If the state judicial nominating commission has received notice of a vacancy and has not yet submitted nominees to the governor prior to the effective date of this Act, any scheduled meeting of the commission shall be postponed until the newly appointed commission holds its first organizational meeting properly noticed under section 46.13.
The newly appointed commission may choose to extend its nomination process or conduct a new nomination process.
4.
5.
The governor shall appoint five four eligible electors of each judicial election district to the district judicial nominating commission.
The governor shall appoint five eligible electors of each judicial election district to the district judicial nominating commission.
No more than a simple majority half of the commissioners appointed by the governor shall be of the same gender.
No more than a simple majority of the commissioners appointed by the governor shall be of the same gender.
Beginning with terms commencing February 1, 2012, LSB 1707SV (1) 88 -5- mo/jh 5/35 S.F.
Beginning with terms commencing February 1, 2012, there There shall not be more than one appointed commissioner from a county within a judicial election district unless each county within the judicial election district has an appointed or elected commissioner or the number of appointed commissioners exceeds the number of counties within the SF 237 (3) 88 -6- mo/jh/mb 6/29 S.F.
237 there There shall not be more than one appointed commissioner from a county within a judicial election district unless each county within the judicial election district has an appointed or elected commissioner or the number of appointed commissioners exceeds the number of counties within the judicial election district.
237 judicial election district.
5.
6.
Section 46.4, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
NEW SECTION.
46.4 Appointment of district judicial nominating commissioners by legislative leaders.
46.3A Appointment of district judicial nominating commissioner by supreme court.
The speaker of the house, house minority leader, senate majority leader, and senate minority leader shall each appoint one eligible elector of each judicial election district to the district judicial nominating commission.
The supreme court, by majority vote, shall appoint one eligible elector of each judicial election district to the district judicial nominating commission.
The appointments made by the legislative leaders shall be staggered terms of six years each and shall be made in the month of January for terms commencing February 1 of odd-numbered years.
The appointments made by the supreme court shall be for terms of six years and shall be made in the month of January for terms commencing February 1 of odd-numbered years.
The terms of no more than two of the commissioners appointed by legislative leaders on a district judicial nominating commission shall expire within the same two-year period.
All the commissioners appointed by the legislative leaders shall be admitted to practice law in Iowa.
The commissioners shall be chosen without reference to political affiliation.
All commissioners shall be chosen without reference to political affiliation.
The supreme court shall give due consideration to area representation on the commission when making an appointment.
A legislative leader shall give due consideration to area representation on the commission when making an appointment.
6.
An appointment made to replace a commissioner, whether in the middle of a term or upon the expiration of the term, shall be made by the person holding the same leadership position that LSB 1707SV (1) 88 -6- mo/jh 6/35 S.F.
237 originally appointed the commissioner.
7.
8.
6.
9.
7.
6.
7.
Section 46.4, Code 2019, is amended by adding the following new subsections:
NEW SUBSECTION .
3.
A commissioner who has served a full six-year term on the district judicial nominating commission, whether the commissioner was appointed or elected, shall be SF 237 (3) 88 -7- mo/jh/mb 7/29 S.F.
237 ineligible to be elected to a second six-year term.
NEW SUBSECTION .
4.
No person may be elected who holds an office of profit of the United States or of the state at the time of appointment.
Sec.
8.
Notwithstanding sections 46.3 and 46.4, the terms of the appointed and elected commissioners of the district judicial nominating commission serving on the effective date of this Act shall expire at 11:59 p.m.
The initial term of the commissioners appointed by the supreme court shall be as follows:
on that date.
Notwithstanding section 69.1A, commissioners of the district judicial nominating commission serving on that date shall not hold over until the appointment of the successor commissioners under this section.
2.
The terms of newly appointed commissioners of the district judicial nominating commission shall commence at 12:00 a.m.
on the day after the effective date of this Act.
3.
The initial term of the commissioners appointed by the governor shall be as follows:
In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district, the governor shall appoint one male commissioner with a term expiring on January 31, 2021, one female commissioner with a term expiring on January 31, 2021, one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025.
In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district, the supreme court shall appoint one male commissioner with a term expiring on January 31, 2021.
LSB 1707SV (1) 88 -7- mo/jh 7/35 S.F.
237 b.
In judicial election districts 1B, 2B, 3B, 5B, 8B, and the fourth and sixth judicial districts, the governor shall appoint one female commissioner with a term expiring on January 31, 2021, one male commissioner with a term expiring on January 31, 2023, one female commissioner with a term expiring on January 31, 2025, and one male commissioner with a term expiring on January 31, 2025.
4.
The initial term of the commissioners appointed by the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader shall be as follows in judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district:
a.
The speaker of the house shall appoint one male commissioner with a term expiring on January 31, 2023.
The house minority leader shall appoint one female commissioner with a term expiring on January 31, 2023.
In judicial election district 1B, 2B, 3B, 5B, 8B, and the fourth and sixth judicial districts, the supreme court shall appoint one female commissioner with a term expiring on January 31, 2025.
c.
2.
The senate majority leader shall appoint one female commissioner with a term expiring on January 31, 2025.
After the initial term is served pursuant to subsection 1, new commissioners shall be appointed to six-year terms by the supreme court as provided in section 46.3A.
d.
3.
The senate minority leader shall appoint one male commissioner with a term expiring on January 31, 2025.
If a district judicial nominating commission has received notice of a vacancy and has not yet submitted nominees to the governor prior to the effective date of this Act, any scheduled meeting of the commission shall be postponed until any new commissioner is appointed pursuant to this section and the commission holds a new organizational meeting properly noticed under section 46.13.
5.
The commission may choose to continue with its currently scheduled nomination process, extend its nomination process, or conduct a new nomination process.
The initial term of the commissioners appointed by the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader shall be as follows in judicial election districts 1B, 2B, 3B, 5B, 8B, and the fourth and sixth judicial districts:
a.
The speaker of the house shall appoint one female commissioner with a term expiring on January 31, 2021.
b.
The house minority leader shall appoint one male commissioner with a term expiring on January 31, 2021.
c.
The senate majority leader shall appoint one male commissioner with a term expiring on January 31, 2023.
d.
The senate minority leader shall appoint one female commissioner with a term expiring on January 31, 2023.
6.
After the initial term is served pursuant to this section, commissioners shall be appointed to six-year terms by LSB 1707SV (1) 88 -8- mo/jh 8/35 S.F.
237 the governor as provided in section 46.3 and by the legislative leaders as provided in section 46.4.
7.
If a district judicial nominating commission has received notice of a vacancy and has not yet submitted nominees to the governor prior to the effective date of this Act, the newly appointed commission may choose to extend its nomination process or conduct a new nomination process.
7.
9.
1.
SF 237 (3) 88 -8- mo/jh/mb 8/29 S.F.
When a vacancy occurs in the office of appointive a judicial nominating commissioner, the chairperson of the particular commission or the governor shall promptly notify the governor appointing authority in writing of such fact.
237 1.
Vacancies in the office of appointive a judicial nominating commissioner shall be filled by appointment by the governor or applicable legislative leader , consistent with eligibility requirements.
When a vacancy occurs in the office of an appointive judicial nominating commissioner, the chairperson of the particular commission or the governor shall promptly notify the governor appointing authority in writing of such fact.
Vacancies in the office of an appointive judicial nominating commissioner shall be filled by appointment by the governor same appointing authority that appointed the previous commissioner where the vacancy occurred, consistent with eligibility requirements.
A commissioner shall be deemed to have submitted a LSB 1707SV (1) 88 -9- mo/jh 9/35 S.F.
An appointive commissioner shall be deemed to have submitted a resignation if the commissioner fails to attend a meeting of the commission that is properly noticed under section 46.13 and at which the commission conducts interviews or selects nominees for judicial office.
237 resignation if the commissioner fails to attend a meeting of the commission that is properly noticed under section 46.13 and at which the commission conducts interviews or selects nominees for judicial office.
Vacancies in the office of elective judicial nominating commissioner of district judicial nominating commissions shall be filled consistent with eligibility requirements and by majority vote of the authorized number of elective members of the particular commission, at a meeting of such members called in the manner provided in section 46.13.
Vacancies in the office of elective district judicial nominating commissioner of district judicial nominating commissions shall be filled consistent with eligibility requirements and by majority vote of the authorized number of SF 237 (3) 88 -9- mo/jh/mb 9/29 S.F.
The term of judicial nominating commissioners so chosen shall commence upon their selection.
237 elective members of the particular commission, at a meeting of such members called in the manner provided in section 46.13.
The term of judicial nominating commissioners so chosen shall commence upon their selection by a special election within the judicial election district where the vacancy occurs unless the term has less than ninety days remaining, in which case the office shall remain vacant.
The special election shall be completed within ninety days of the vacancy arising and shall be conducted as provided in sections 46.9, 46.9A, and 46.10 .
3.
If a vacancy occurs in the office of chairperson of a judicial nominating commission, or in the members of the particular commission shall elect a new chairperson as provided in section 46.6.
If a vacancy occurs in the office of chairperson of a judicial nominating commission, the governor shall appoint a new chairperson.
In the absence of the chairperson, the members of the particular commission shall elect a temporary chairperson from their own number.
If the governor has not yet filled the vacancy by the time of a commission meeting, or in the absence of the chairperson, the members of the particular commission shall elect a temporary chairperson from their own number.
LSB 1707SV (1) 88 -10- mo/jh 10/35 S.F.
Notwithstanding section 69.1A, appointed and elected commissioners on the state and district judicial nominating commissions shall not hold over until their successor is elected and qualified.
237 4.
For purposes of this section, “appointing authority” means the holder of the office that appointed the person to be a commissioner.
8.
10.
If the judges of longest service, other than the chief justice, of the supreme court or of the district court in a district are of equal service, the eldest of such judges shall be chairperson of the particular judicial nominating commission.
If the judges of longest service, other than the chief justice, of the supreme court or of the district court in SF 237 (3) 88 -10- mo/jh/mb 10/29 S.F.
The governor shall appoint one of the commissioners appointed by the governor or the legislative leaders on each judicial nominating commission to serve as the chairperson of the particular judicial nominating commission for a two-year term as chairperson.
237 a district are of equal service, the eldest of such judges shall be chairperson of the particular judicial nominating commission.
If a chairperson of a judicial nominating commission desires to be relieved of the duties of chairperson while retaining the status of commissioner, the chairperson shall notify the governor, and the governor shall appoint another commissioner to serve as chairperson for the remainder of the two-year term.
The commissioners of a particular judicial nominating commission shall elect a chairperson from their own number.
The chairperson shall serve a two-year term that expires on January 31 of odd-numbered years.
A commissioner may be reelected for a second or third term as chairperson.
If a chairperson of a judicial nominating commission desires to be relieved of the duties of chairperson while retaining the status of commissioner, the chairperson shall notify the governor and the other commissioners of the commission.
At the next meeting of the commission, the commissioners shall elect a new chairperson for the remainder of the two-year term.
9.
11.
Section 46.7, Code 2019, is amended to read as follows:
46.7 Eligibility to vote.
To be eligible to vote in elections of district judicial nominating commissioners, a member of the bar must be eligible to practice and must be a resident of the state of Iowa and of the appropriate congressional district or judicial election district as shown by the member’s most recent filing with the supreme court for the purposes of showing compliance with the court’s continuing legal education requirements, or for members of the bar eligible to practice who are not required to file such compliance, any paper on file by July 1 with the state court administrator, for the purpose of establishing eligibility to vote under this section, which the court determines to show the requisite residency requirements at the time the member votes in the election.
The member’s residency shall be determined by the home address shown on the member’s most recent electronic or paper submission to the commission on continuing education and the client security commission or on the member’s bar admission records.
A judge who has been admitted to the bar of the state of Iowa shall be considered a member of the bar.
SF 237 (3) 88 -11- mo/jh/mb 11/29 S.F.
237 Sec.
12.
Section 46.8, Code 2019, is amended to read as follows:
46.8 Certified list.
Each year the The state court administrator shall certify a maintain a certified list of the names, addresses, and years of admission of members of the bar who are eligible to vote for state and district judicial nominating commissioners.
Sec.
13.
Section 46.9, Code 2019, is amended to read as follows:
46.9 Conduct of elections.
When an election of judicial nominating commissioners is to be held, the state court administrator shall administer the voting.
The state court administrator may administer the voting by electronic notification and voting or by paper ballot mailed to each eligible attorney.
The state court administrator shall mail paper ballots to eligible attorneys or electronically notify and enable eligible attorneys to vote.
The elector receiving the most votes shall be elected.
When more than one commissioner is to be elected, the electors receiving the most votes shall be elected, in the same number as the offices to be filled.
The election results, including the number of votes cast for each elector and the total number of members of the bar eligible to vote in each election, shall be made publicly available on the judicial branch internet site and shall be reported to the governor and to the general assembly within ten days after the conclusion of the election.
Sec.
14.
Section 46.9A, Code 2019, is amended to read as follows:
46.9A Notice preceding nomination of elective district judicial nominating commissioners.
At least sixty days prior to the expiration of the term of an elective state or district judicial nominating commissioner or the expiration of the period within which a special election must be held, the state court administrator shall mail paper ballots to eligible attorneys or electronically notify and SF 237 (3) 88 -12- mo/jh/mb 12/29 S.F.
237 enable eligible attorneys to vote.
An eligible attorney is a member of the bar whose name appears on the certified list prepared pursuant to section 46.8 for the district or districts affected provide notice of the current or upcoming vacancy and the nomination and election process by making the notice publicly available on the judicial branch internet site, issuing a press release, and electronically notifying members of the bar.
The election shall not commence until at least thirty days after the issuance of the notice required by this section.
Sec.
15.
Section 46.10, Code 2019, is amended to read as follows:
46.10 Nomination of elective district judicial nominating commissioners.
1.
In order to have an eligible elector’s name printed on the ballot for state or district judicial nominating commissioner, the eligible elector must file in the office of the state court administrator at least thirty days prior to expiration of the period within which the election must be held a nominating petition signed by at least fifty resident members of the bar of the congressional district in case of a candidate for state judicial nominating commissioner, or at least ten resident members of the bar eligible electors of the judicial district in case of a candidate for district judicial nominating commissioner.
No member of the bar may sign more nominating petitions for state or district judicial nominating commissioner than there are such commissioners to be elected.
2.
Ballots or electronic voting forms for state and district judicial nominating commissioners shall contain blank lines equal to the number of such commissioners to be elected, where names may be written in.
Any electronic voting form must permit a voter to write in the name of any eligible elector.
Sec.
16.
The Upon making an appointment, the governor and the state court administrator respectively or legislative leader shall promptly certify the names and addresses of appointive and elective judicial nominating commissioners to the state commissioner of elections and the chairperson of the respective nominating commissions.
SF 237 (3) 88 -13- mo/jh/mb 13/29 S.F.
237 The Upon making an appointment, the governor and the state court administrator respectively , the supreme court, or legislative leader shall promptly certify the names and addresses of appointive and elective judicial nominating commissioners to the state commissioner of elections and the chairperson of the respective nominating commissions governor.
Upon the completion of an election, the state court administrator shall certify the names and addresses of the elected judicial nominating commissioners to the state commissioner of elections and the governor.
10.
17.
When a vacancy occurs or will occur within one hundred twenty days in the supreme court, the court of appeals, or district court, the state commissioner of elections shall forthwith so notify the chairperson of the proper judicial LSB 1707SV (1) 88 -11- mo/jh 11/35 S.F.
When a vacancy occurs or will occur within one hundred twenty days in the supreme court, the court of appeals, or district court, the state commissioner of elections shall forthwith so notify the chairperson of the proper judicial nominating commission governor.
237 nominating commission.
The chairperson governor shall call a meeting of the proper judicial nominating commission within ten days after such notice;
The chairperson shall call a meeting of the commission within ten days after such notice;
if the chairperson governor fails to do so, the chief justice shall call such meeting.
if the chairperson fails to do so, the chief justice governor shall call such meeting.
11.
18.
46.13 Notice of meetings and application process.
46.13 Notice of meetings and application process .
The chairperson of each judicial nominating commission shall give the members of the commission at least five days’ written notice by mail or electronic mail of the time and place of every meeting, except as to members who execute written waivers of notice at or before the meeting or unless the commission at its next previous meeting designated the time and place of the meeting.
The governor or chairperson of each judicial nominating commission shall give the members of the commission at least five days’ written notice by mail or electronic mail of the time and place of every meeting, except as to members who execute written waivers of notice at or before the meeting or unless the commission at its next previous meeting designated the time and place of the meeting.
Notice that the commission is accepting applications for judge or justice along with a copy of the application form at least two weeks before applications are required to be submitted to the commission.
Notice that the commission is accepting applications for judge or justice along with a copy of the application form SF 237 (3) 88 -14- mo/jh/mb 14/29 S.F.
237 at least two weeks before applications are required to be submitted to the commission.
4.
The state judicial nominating commission shall adopt uniform rules for the state and district judicial nominating commissions that shall be consistent with this chapter and shall provide for a uniform and fair process for the commissions to consider applicants and select nominees.
The state judicial nominating commission shall provide for a public comment period of at least thirty days on its proposed uniform rules prior to adopting the rules and shall adopt the rules within six months of the effective date of this Act.
Such rules shall be made publicly available on the judicial branch internet site.
12.
19.
Each judicial nominating commission shall carefully consider the individuals available for judge, and within sixty days after receiving notice of a vacancy shall certify to the LSB 1707SV (1) 88 -12- mo/jh 12/35 S.F.
Each judicial nominating commission shall carefully consider the individuals available for judge, and within sixty days after receiving notice of a vacancy shall certify to the governor and the chief justice the proper number of nominees, in alphabetical order.
237 governor and the chief justice the proper number of nominees, in alphabetical order.
Nominees shall be members of the bar of Iowa, shall be residents of the state or district of the court to which they are nominated, and shall be of such age that they will be able to serve an initial and one regular term of office to which they are nominated before reaching the age of seventy-two years.
Nominees shall be members of the bar of Iowa, shall be residents of the state or district of the court to which they are nominated, and shall be of such age that they will be able to serve an initial and SF 237 (3) 88 -15- mo/jh/mb 15/29 S.F.
237 one regular term of office to which they are nominated before reaching the age of seventy-two years.
Nominees to the district court must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated.
13.
20.
14.
21.
Subject to the provision for reassignment of judges under section 602.6108, a district judge shall serve in the district of the LSB 1707SV (1) 88 -13- mo/jh 13/35 S.F.
Subject to the provision for reassignment of judges under section 602.6108, a district judge shall serve in the district of the judge’s residence while in office, regardless of the number of judgeships to which the district is entitled under the formula prescribed by the supreme court in subsection 3.
237 judge’s residence while in office, regardless of the number of judgeships to which the district is entitled under the formula prescribed by the supreme court in subsection 3.
15.
22.
Section 602.6504, subsection 3, Code 2019, is amended to read as follows:
NEW SECTION.
46.15A Severability and judicial SF 237 (3) 88 -16- mo/jh/mb 16/29 S.F.
237 review.
1.
If any provision or clause of this chapter or any application of this chapter to any person or circumstances is held invalid, such invalidity shall not affect other provisions, clauses, or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions and clauses of this chapter are declared to be severable.
2.
Notwithstanding any provision of law to the contrary, if section 46.2A, subsection 2, as amended by this Act, is held invalid, the appointed and elected commissioners currently serving six-year terms on the state judicial nominating commission on the effective date of this Act shall continue to serve until the expiration of their six-year terms, in addition to the new members appointed pursuant to section 46.2A, as amended by this Act.
Upon the expiration of the currently serving commissioners or upon their office becoming vacant prior to the expiration of their terms, the offices shall not be filled.
An attorney is To be eligible to vote in elections of magistrate appointing commissioners within a county if eligible to vote under sections 46.7 and 46.8, and if a resident of the county , an attorney must be eligible to practice and must be a resident of the county as shown by the attorney’s most recent filing with the supreme court for the purpose of showing compliance with the court’s continuing legal education requirements, or for attorneys eligible to practice who are not required to file such compliance, any paper on file by July 1 with the state court administrator, for the purpose of establishing eligibility to vote under this section, which the court determines to show the requisite residency requirements.
Notwithstanding any provision of law to the contrary, if any provision of this chapter is preliminarily enjoined, no judicial nominating commission shall meet to nominate persons to serve as a judge or justice while the preliminary injunction is in effect or while any appeal of the preliminary injunction or a related permanent injunction is pending unless the injunction is subsequently stayed or otherwise lifted.
A judge who has been admitted to the bar of the state of Iowa shall be considered an attorney.
Each year, the state court administrator shall certify a list of the names, addresses, and years of admission of members of the bar who are eligible to vote for the magistrate appointing commission.
16.
23.
Section 602.8102, subsection 14, Code 2019, is amended by striking the subsection.
Sec.
17.
Sections 46.7, 46.8, 46.9, 46.9A, 46.10, and 602.11111, Code 2019, are repealed.
Section 602.11111, Code 2019, is repealed.
18.
24.
19.
25.
Notwithstanding sections 602.6304, 602.7103B, and 633.20B, the chief justice may order any county magistrate LSB 1707SV (1) 88 -14- mo/jh 14/35 S.F.
Notwithstanding sections 602.6304, 602.7103B, and SF 237 (3) 88 -17- mo/jh/mb 17/29 S.F.
237 appointing commission the state commissioner of elections to delay, for budgetary reasons, publicizing the notice the sending of a notification to the proper judicial nominating commission that a vacancy in the office of a vacancy for a district associate judgeship judge, associate juvenile judgeship judge, or associate probate judgeship judge has occurred or will occur.
237 633.20B, the chief justice may order any county magistrate appointing commission the state commissioner of elections to delay, for budgetary reasons, publicizing the notice the sending of a notification to the governor that a vacancy in the office of a vacancy for a district associate judgeship judge, associate juvenile judgeship judge, or associate probate judgeship judge has occurred or will occur.
20.
26.
An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county magistrate appointing commission or commissions and the chairperson of the district judicial nominating commission no later than May 31 of the year in which the substitution is to take effect.
An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county magistrate appointing commission or commissions and the governor no later than May 31 of the year in which the substitution is to take effect.
21.
27.
An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county magistrate appointing commission or commissions and the chairperson of the district judicial nominating commission no later than May 31 of the year in which the substitution is to take effect.
An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county magistrate appointing commission or commissions and the governor no later than May 31 of the year in which the substitution is to take effect.
22.
28.
The district associate judges authorized by sections 602.6301 and 602.6302 shall be appointed by the district judges of the judicial election district governor from persons nominated by the county magistrate appointing district judicial nominating commission in the same manner as district judges LSB 1707SV (1) 88 -15- mo/jh 15/35 S.F.
The district associate judges authorized by sections 602.6301 and 602.6302 shall be appointed by the district judges of the judicial election district governor from persons nominated by the county magistrate appointing district judicial nominating commission in the same manner as district judges under chapter 46.
237 under chapter 46.
In the case of a district associate judge to be appointed to more than one county, the appointment SF 237 (3) 88 -18- mo/jh/mb 18/29 S.F.
In the case of a district associate judge to be appointed to more than one county, the appointment shall be from persons nominated by the county magistrate appointing commissions acting jointly and in the case of a district associate judge to be appointed to more than one judicial election district of the same judicial district, the appointment shall be by a majority of the district judges in each judicial election district.
237 shall be from persons nominated by the county magistrate appointing commissions acting jointly and in the case of a district associate judge to be appointed to more than one judicial election district of the same judicial district, the appointment shall be by a majority of the district judges in each judicial election district.
The commission shall accept applications for consideration for nomination as district associate judge for LSB 1707SV (1) 88 -16- mo/jh 16/35 S.F.
The commission shall accept applications for consideration for nomination as district associate judge for a minimum of fifteen days prior to certifying nominations.
237 a minimum of fifteen days prior to certifying nominations.
The commission shall consider the applications and shall, by SF 237 (3) 88 -19- mo/jh/mb 19/29 S.F.
The commission shall consider the applications and shall, by majority vote, certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy.
237 majority vote, certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy.
When a vacancy occurs or will occur within one hundred twenty days in the office of district associate judge, the state commissioner of elections shall forthwith so notify the chairperson of the proper district judicial nominating commission.
When a vacancy occurs or will occur within one hundred twenty days in the office of district associate judge, the state commissioner of elections shall forthwith so notify the governor.
The chairperson shall call a meeting of the LSB 1707SV (1) 88 -17- mo/jh 17/35 S.F.
The governor shall call a meeting of the commission within ten days after such notice.
237 commission within ten days after such notice.
If the governor fails to do so, the chief justice shall call such meeting.
If the chairperson fails to do so, the governor shall call such meeting.
23.
29.
Section 602.6305, subsections 2 and 3, Code 2019, are amended to read as follows:
Section 602.6305, subsections 2 and 3, Code 2019, SF 237 (3) 88 -20- mo/jh/mb 20/29 S.F.
237 are amended to read as follows:
Nominees to the office of district associate judge must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated.
24.
30.
For purposes of this section, “family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, LSB 1707SV (1) 88 -18- mo/jh 18/35 S.F.
For purposes of this section, “family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, SF 237 (3) 88 -21- mo/jh/mb 21/29 S.F.
25.
31.
LSB 1707SV (1) 88 -19- mo/jh 19/35 S.F.
SF 237 (3) 88 -22- mo/jh/mb 22/29 S.F.
The chief judge of the judicial district, upon receipt of the notice, shall notify LSB 1707SV (1) 88 -20- mo/jh 20/35 S.F.
The chief judge of the judicial district, upon receipt of the notice, shall notify SF 237 (3) 88 -23- mo/jh/mb 23/29 S.F.
When a vacancy occurs or will occur within one hundred twenty days in the office of full-time associate juvenile judge, the state commissioner of elections shall forthwith so notify the chairperson of the proper district judicial nominating commission.
When a vacancy occurs or will occur within one hundred twenty days in the office of full-time associate juvenile judge, the state commissioner of elections shall forthwith so notify the governor.
The chairperson shall call a meeting of the commission within ten days after such notice.
The governor shall call a meeting of the commission within ten days after such notice.
If the chairperson fails to do so, the governor shall call such meeting.
If the governor fails to do so, the chief justice shall call such meeting.
26.
32.
Nominees to the office of full-time associate juvenile judge must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated.
Sec.
SF 237 (3) 88 -24- mo/jh/mb 24/29 S.F.
27.
237 Sec.
33.
LSB 1707SV (1) 88 -21- mo/jh 21/35 S.F.
633.20B Appointment and resignation of full-time associate probate judges.
237 633.20B Appointment and resignation of full-time associate probate judges.
Full-time associate probate judges shall be appointed by the district judges of the judicial election district governor from persons nominated by the county magistrate appointing district judicial nominating commission in the same manner as district judges under chapter 46.
Full-time associate probate judges shall be appointed by the district judges of the judicial election district governor from persons nominated by the county magistrate appointing district judicial nominating commission in the same manner as district judges under chapter 46 .
Within thirty days after a county magistrate appointing commission receives notification of an actual or impending vacancy in the office of full-time associate probate judge, other than a vacancy referred to in subsection 2, the LSB 1707SV (1) 88 -22- mo/jh 22/35 S.F.
Within thirty days after a county magistrate appointing commission receives notification of an actual or impending SF 237 (3) 88 -25- mo/jh/mb 25/29 S.F.
237 commission shall certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy.
237 vacancy in the office of full-time associate probate judge, other than a vacancy referred to in subsection 2, the commission shall certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy.
The chief judge of the judicial district, upon receipt of the notice, shall notify the county magistrate appointing commission and the state court administrator of the actual or impending vacancy in the office of full-time associate probate judge due to resignation.
The chief judge of the judicial district, upon receipt of the notice, shall notify the county magistrate appointing commission and the state court administrator of the actual or impending vacancy in the office SF 237 (3) 88 -26- mo/jh/mb 26/29 S.F.
237 of full-time associate probate judge due to resignation.
The supreme court may prescribe rules of procedure LSB 1707SV (1) 88 -23- mo/jh 23/35 S.F.
The supreme court may prescribe rules of procedure to be used by county magistrate appointing commissions when exercising the duties specified in this section.
237 to be used by county magistrate appointing commissions when exercising the duties specified in this section.
When a vacancy occurs or will occur within one hundred twenty days in the office of full-time associate probate judge, the state commissioner of elections shall forthwith so notify the chairperson of the proper district judicial nominating commission.
When a vacancy occurs or will occur within one hundred twenty days in the office of full-time associate probate judge, the state commissioner of elections shall forthwith so notify the governor.
The chairperson shall call a meeting of the commission within ten days after such notice.
The governor shall call a meeting of the commission within ten days after such notice.
If the chairperson fails to do so, the governor shall call such meeting.
If the governor fails to do so, the chief justice shall call such meeting.
28.
34.
Nominees to the office of full-time associate probate judge must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated.
29.
35.
This division of this Act, being deemed of immediate importance, takes effect upon enactment.
This division of this Act, being deemed of immediate importance, takes effect upon SF 237 (3) 88 -27- mo/jh/mb 27/29 S.F.
237 enactment.
30.
36.
Section 602.4103, Code 2019, is amended to read as LSB 1707SV (1) 88 -24- mo/jh 24/35 S.F.
Section 602.4103, Code 2019, is amended to read as follows:
237 follows:
31.
37.
3.
SF 237 (3) 88 -28- mo/jh/mb 28/29 S.F.
237 3.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
SF 237 (3) 88 -29- mo/jh/mb 29/29
LSB 1707SV (1) 88 -25- mo/jh 25/35 S.F.
237 This bill relates to the membership and procedures of the state judicial nominating commission and district judicial nominating commission and to the selection and qualifications of judges, associate judges, and the chief justice.
DIVISION I —— STATE JUDICIAL NOMINATING COMMISSION.
Current law provides that the governor appoint one eligible elector of each congressional district, which is subject to confirmation by the senate, to the state judicial nominating commission.
The bill amends Code section 46.1 and provides that the governor shall appoint, without confirmation by the senate, eight eligible electors to the state judicial nominating commission with staggered terms of six years each and made in the month of January for terms commencing February 1 of odd-numbered years.
The governor shall appoint at least one commissioner from each congressional district, but there shall be no more than two commissioners appointed from a single congressional district unless each congressional district has at least two commissioners appointed.
At least half of the commissioners appointed by the governor shall be admitted to practice law in Iowa.
A commissioner who has served a full six-year term on the state judicial nominating commission, whether appointed or elected, is ineligible to be appointed to a second term.
The bill further provides that no person may be appointed as a commissioner who holds an office of profit of the United States or of Iowa at the time of appointment.
Current law provides that the resident members of the bar of each congressional district shall elect an eligible elector of the district to the state judicial nominating commission.
The bill amends Code section 46.2 such that resident members of the bar shall not elect eligible electors to the state judicial nominating commission.
Instead, the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader shall each appoint two eligible electors of different genders to the state judicial nominating commission.
At least one of the commissioners appointed by LSB 1707SV (1) 88 -26- mo/jh 26/35 S.F.
237 each legislative leader shall be admitted to practice law in Iowa.
The appointments by the legislative leaders are to be staggered terms of six years and made in the month of January for terms commencing February 1 of odd-numbered years and the terms of no more than four nor less than two of the commissioners shall expire within the same two-year period.
The bill states that no legislative leader shall make an appointment that results in two commissioners serving from the same congressional district who were appointed by a leader of the same party in the same chamber.
An appointment made to replace a commissioner, whether in the middle of a term or upon the expiration of the term, shall be made by the person holding the same legislative leadership position that made the original appointment.
A commissioner who has served a full six-year term is ineligible to be appointed to a second six-year term and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment.
The bill provides that the terms of the appointed and elected commissioners of the state judicial nominating commission serving on the effective date of the bill shall expire at 11:59 p.m.
on that date.
The terms of the newly appointed commissioners shall then commence at 12:00 a.m.
on the day after the effective date of the bill.
The initial terms of the commissioners appointed by the governor are as follows:
for the first district, there is a male commissioner with a term expiring on January 31, 2021, and a female commissioner with a term expiring on January 31, 2025;
for the second district, there is a female commissioner with a term expiring on January 31, 2021, and a male commissioner with a term expiring on January 31, 2023;
for the third district, there is a female commissioner with a term expiring on January 31, 2023, and a male commissioner with a term expiring on January 31, 2025;
and for the fourth district, there is a male commissioner with a term expiring on January 31, 2021, and a female commissioner with a term expiring on January 31, 2025.
The initial terms LSB 1707SV (1) 88 -27- mo/jh 27/35 S.F.
237 of the commissioners appointed by the legislative leaders are as follows:
the speaker of the house shall appoint one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025;
the house minority leader shall appoint one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025;
the senate majority leader shall appoint one male commissioner with a term expiring on January 31, 2021, and one female commissioner with a term expiring on January 31, 2023;
and the senate minority leader shall appoint one male commissioner with a term expiring on January 31, 2021, and one female commissioner with a term expiring on January 31, 2023.
After the initial terms are served, commissioners shall be appointed to six-year terms by the governor and by the legislative leaders as provided.
DISTRICT JUDICIAL NOMINATING COMMISSION.
The bill provides that the governor shall appoint four eligible electors of each judicial election district to the district judicial nominating commission whereas current law provides for the appointment of five such electors.
These appointments are to be made in the month of January for terms commencing February 1 of odd-numbered years.
No more than half of the commissioners appointed by the governor shall be of the same gender;
all commissioners shall be chosen without reference to political affiliation;
and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment.
Current law provides that the resident members of the bar of each judicial election district shall elect five eligible electors of the district to the district judicial nominating commission.
The bill amends Code section 46.4 such that resident members of the bar shall not elect eligible electors to the district judicial nominating commission and provides that the speaker of the house, house minority leader, senate LSB 1707SV (1) 88 -28- mo/jh 28/35 S.F.
237 majority leader, and senate minority leader shall each appoint one eligible elector to each district judicial nominating commission.
All the commissioners appointed by the legislative leaders shall be admitted to practice law in Iowa.
These appointments are to be staggered terms of six years made in the month of January for terms commencing February 1 of odd-numbered years.
The terms of no more than two of the commissioners appointed by legislative leaders on a district judicial nominating commission shall expire within the same two-year period.
All commissioners must be chosen without reference to political affiliation and due consideration is to be given to area representation on the commission when making an appointment.
An appointment made to replace a commissioner shall be made by the person holding the same legislative leadership position that made the original appointment.
A person appointed to replace a commissioner in the middle of a term must be of the same gender as the commissioner being replaced, but a person appointed to replace a commissioner upon the end of a term shall be of a different gender than the commissioner being replaced.
A commissioner who has served a full six-year term is ineligible to be appointed to a second six-year term and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment.
The bill creates a new Code section providing for the special appointment of district judicial nominating commissioners.
The terms of the appointed and elected commissioners of the district judicial nominating commission serving on the effective date of the bill expire at 11:59 p.m.
on that date and the terms of the newly appointed commissioners of the district judicial nominating commission shall commence at 12:00 a.m.
on the day after the effective date of the bill.
In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district, the governor shall appoint one male commissioner with a term expiring on January 31, 2021, one LSB 1707SV (1) 88 -29- mo/jh 29/35 S.F.
237 female commissioner with a term expiring on January 31, 2021, one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025.
In judicial election districts 1B, 2B, 3B, 5B, 5C, 8B, and the fourth and sixth districts, the governor shall appoint one female commissioner with a term expiring on January 31, 2021, one male commissioner with a term expiring on January 31, 2023, one female commissioner with a term expiring on January 31, 2025, and one male commissioner with a term expiring on January 31, 2025.
The initial terms of the commissioners appointed by the legislative leaders in judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh district are as follows:
the speaker of the house shall appoint one male commissioner with a term expiring on January 31, 2023;
the house minority leader shall appoint one female commissioner with a term expiring on January 31, 2023;
the senate majority leader shall appoint one female commissioner with a term expiring on January 31, 2025;
and the senate minority leader shall appoint one male commissioner with a term expiring on January 31, 2025.
The initial terms of the commissioners appointed by legislative leaders in judicial election districts 1B, 2B, 3B, 5B, 8B, and the fourth and sixth districts are as follows:
the speaker of the house shall appoint one female commissioner with a term expiring on January 31, 2021;
the house minority leader shall appoint one male commissioner with a term expiring on January 31, 2021;
the senate majority leader shall appoint one male commissioner with a term expiring on January 31, 2023;
and the senate minority leader shall appoint one female commissioner with a term expiring on January 31, 2023.
After the initial terms are served, commissioners shall be appointed to six-year terms by the governor and legislative leaders as provided by the bill.
The bill further provides changes to judicial nominating commissioner vacancies.
A commissioner shall be deemed to have LSB 1707SV (1) 88 -30- mo/jh 30/35 S.F.
237 submitted a resignation if the commissioner fails to attend a meeting of the commission that is properly noticed and at which the commission conducts interviews or selects nominees for judicial office.
The appointing authority of said commissioner may accept or reject the resignation and, if accepted, the appointing authority shall notify the commissioner and the chairperson of the commission in writing and shall then make another appointment.
Where there is a vacancy in the office of chairperson of a judicial nominating commission, the governor shall appoint a new chairperson, but if not filled by the time of a commission meeting or in the absence of the chairperson, the members of the particular commission shall elect a temporary chairperson.
The bill also provides conforming changes to Code section 46.5 in complying with the new appointment procedures by the governor and legislative leaders.
The bill also provides that the governor shall appoint one of the commissioners appointed by the governor or the legislative leaders on each judicial nominating commission to serve as the chairperson of the particular judicial nominating commission for a two-year term and that if the chairperson desires to be relieved of the duties of chairperson, the chairperson shall notify the governor and the governor shall appoint another commissioner to serve as chairperson for the remainder of the two-year term.
The bill repeals the following Code sections that relate to nominations made by members of the state bar:
Code sections 46.7 (eligibility of state bar member to vote);
46.8 (certified list of members of the bar eligible to vote);
46.9 (conduct of elections);
46.9A (notice of preceding nomination of elective nominating commissioners);
and 46.10 (nomination of elective nominating commissioners).
The bill provides that the governor and the legislative leaders shall promptly certify the names and addresses of appointive judicial nominating commissioners to the state commissioner of elections and the chairperson of the LSB 1707SV (1) 88 -31- mo/jh 31/35 S.F.
237 respective nominating commissions.
Current law provides such certification is done by the governor and the state court administrator.
The bill provides that if a chairperson fails to call a meeting of the commission within 10 days after notice of a vacancy, that the governor shall call a meeting whereas current law provides that the chief justice shall call said meeting.
The bill provides that each judicial nominating commission shall publish on the judicial branch website all of the following:
notice that the commission is accepting applications along with a copy of the application form at least two weeks before applications are required to be submitted;
copies of nonconfidential application materials submitted by applications;
the schedule of applicants’ interviews before the commission;
and the list of nominees submitted by the commission to the governor and the chief justice.
The bill further provides that commissioners shall be permitted to conduct individual interviews with applicants in advance of the commission’s meetings to choose the nominees.
The bill modifies the nomination requirements of individual judge vacancies by requiring nominees to be residents of the state whereas current law requires nominees to be residents of the state or the district of the court to which they are nominated.
Under the bill, nominees are also not required to file a certified application form with the chairperson of the district judicial nominating commission.
The bill further requires that the chairperson of the commission certify the names of the nominees to the governor and chief justice by emailing the certification to the governor and chief justice on the day of nomination.
The bill amends the number of nominees to be submitted by the state judicial nominating commission to the governor for vacancies in the court of appeals from three to five.
Current law requires a district judge to be a resident of the judicial election district in which appointed and retained.
LSB 1707SV (1) 88 -32- mo/jh 32/35 S.F.
237 The bill provides that a district judge must be a resident of the judicial election district in which appointed before assuming office and during the entire term of office.
The bill provides that for an attorney to be eligible to vote in elections of magistrate appointing commissioners within a county, the attorney must be eligible to practice and must be a resident of the county.
Each year, the state court administrator shall certify a list of the names, addresses, and years of admission of members of the bar who are eligible to vote for the magistrate appointing commission.
The bill repeals Code section 602.11111, which provided for transition provisions for the membership of district judicial nominating commissions for judicial election districts 5A and 5C after the fifth judicial district was split into judicial election districts in 1985.
Division I of the bill takes effect upon enactment.
DIVISION II —— ASSOCIATE JUDGE SELECTION.
The bill provides that the chief justice may order the state commissioner of elections to delay the sending of a notification to the proper judicial nominating commission that a vacancy in the office of district associate judge, associate juvenile judge, or associate probate judge has occurred or will occur.
Under the bill, where a chief judge designates by order of substitution that a district associate judge be appointed in lieu of a magistrate judge or where the chief judge designates by order of substitution that three magistrates be appointed in lieu of the appointment of a district associate judge, the order of substitution does not take effect unless a copy of said order is received by the chairperson of the county magistrate appointing commission or commissions and the chairperson of the district judicial nominating commission.
Current law provides that district associate judges, full-time associate juvenile judges, and full-time associate probate judges are to be appointed by the district judges of the judicial election district from persons nominated by the LSB 1707SV (1) 88 -33- mo/jh 33/35 S.F.
237 county magistrate appointing commission.
The bill provides that district associate judges, full-time associate juvenile judges, and full-time associate probate judges are appointed by the governor from persons nominated by the district judicial nominating commission in the same manner as district judges under Code chapter 46.
The bill further provides that a district associate judge, a full-time associate juvenile judge, or a full-time associate probate judge who seeks to resign from said position shall notify the governor, the chief judge of the judicial district, and the state commissioner of elections.
When a vacancy occurs, the state commissioner of elections shall forthwith so notify the chairperson of the proper judicial nominating commission, and the chairperson shall call a meeting of the commission within 10 days after such notice.
If the chairperson fails to do so, the governor shall call the meeting.
Current law provides that a person does not qualify for appointment to the office of district associate judge, full-time associate juvenile judge, or full-time associate probate judge unless the person is at the time of appointment a resident of the judicial election district in which the vacancy exists.
The bill strikes this requirement and provides that an applicant for district associate judge, full-time associate juvenile judge, or full-time associate probate judge need not file a certified application form.
The bill provides that a district associate judge, a full-time associate juvenile judge, and a full-time associate probate judge must be a resident of the judicial election district in which the office is held before assuming office and during the entire term of office.
Division II of the bill takes effect upon enactment.
DIVISION III —— CHIEF JUSTICE SELECTION.
Current law provides that the justices of the supreme court shall select one justice as chief justice who is to serve during that justice’s term of office.
The bill strikes that provision and provides that at the first meeting in each odd-numbered LSB 1707SV (1) 88 -34- mo/jh 34/35 S.F.
237 year, the justices of the supreme court by majority vote shall designate one justice as chief justice, to serve for a two-year term.
A vacancy will be filled for the remainder of the unexpired term by a majority vote of the justices of the supreme court, after any vacancy on the court has been filled.
If the chief justice desires to be relieved of the duties of chief justice while retaining the status of justice of the supreme court, the chief justice shall notify the governor and the other justices of the supreme court and the office of chief justice shall be deemed vacant and filled as provided.
The bill creates a new Code section for the transition period and provides that the term of the chief justice serving on the effective date of the bill will expire on January 15, 2021, or upon the conclusion of the first meeting of the justices of the supreme court in January 2021, whichever occurs earlier.
If the office of chief justice becomes vacant prior to expiration of the term in January 2021, the office shall be filled for the remainder of the unexpired term as provided for in Code section 602.4103.
LSB 1707SV (1) 88 -35- mo/jh 35/35
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Amendments

3 amendments

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Action History

  1. Rereferred to Judiciary.

  2. Placed on calendar under unfinished business.

  3. Read first time, passed on file.

  4. Message from Senate.

  5. Immediate message.

  6. Passed Senate, yeas 32, nays 17.

  7. Amendment S-3020 adopted.

  8. Amendment S-3026 to S-3020 filed, lost.

  9. Amendment S-3020 filed.

  10. Amendment S-3025 filed, lost.

  11. Deferred.

  12. Committee report, approving bill.

  13. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

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Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

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This bill died with 2019-2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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