House File 473 - Introduced



                                       HOUSE FILE       
                                       BY  KAUFMANN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the appointment or election of district
  2    judicial nominating commissioners and the appointment of
  3    district judges.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1582YH 82
  6 jm/es/88

PAG LIN



  1  1    Section 1.  Section 46.3, Code 2007, is amended to read as
  1  2 follows:
  1  3    46.3  APPOINTMENT OF DISTRICT JUDICIAL NOMINATING
  1  4 COMMISSIONERS.
  1  5    1.  The governor shall appoint five eligible electors of
  1  6 each judicial election district to the district judicial
  1  7 nominating commission.
  1  8    2.  Appointments The appointments made by the governor
  1  9 shall be to staggered terms of six years each and shall be
  1 10 made in the month of January for terms commencing February 1
  1 11 of even=numbered years.
  1 12    3.  No more than a A simple majority of the commissioners
  1 13 appointed by the governor shall be of the same gender.
  1 14    4.  Beginning with terms commencing February 1, 2008, there
  1 15 shall not be more than one appointed commissioner from a
  1 16 county within a judicial election district unless each county
  1 17 within the judicial election district has an appointed
  1 18 commissioner and the number of appointed commissioners exceeds
  1 19 the number of counties within the judicial election district.
  1 20 This subsection shall not be used to remove an appointed
  1 21 commissioner from office prior to the expiration of the
  1 22 commissioner's term.
  1 23    Sec. 2.  Section 46.4, Code 2007, is amended to read as
  1 24 follows:
  1 25    46.4  ELECTION OF DISTRICT JUDICIAL NOMINATING
  1 26 COMMISSIONERS.
  1 27    1.  The resident members of the bar of each judicial
  1 28 election district shall elect five eligible electors of the
  1 29 district to the district judicial nominating commission.
  1 30 Commissioners shall be elected to staggered terms of six years
  1 31 each.  The elections shall be held in the month of January for
  1 32 terms commencing February 1 of even=numbered years.
  1 33    2.  For terms commencing February 1, 1988, and every six
  1 34 years thereafter, one elected commissioner in each district
  1 35 shall be a woman and one shall be a man.  For terms commencing
  2  1 February 1, 1990, and every six years thereafter, one elected
  2  2 commissioner in each district shall be a woman and one shall
  2  3 be a man.  For the term commencing February 1, 1992, in the
  2  4 odd=numbered districts the elected commissioner shall be a
  2  5 woman and in the even=numbered districts the elected
  2  6 commissioner shall be a man.  For the terms commencing every
  2  7 six years thereafter, the districts shall alternate between
  2  8 women and men elected commissioners.
  2  9    3.  Beginning with the terms commencing February 1, 2008,
  2 10 there shall not be more than one commissioner from a county
  2 11 within a judicial election district unless each county within
  2 12 the judicial election district has an elected commissioner and
  2 13 the number of elected commissioners exceeds the number of
  2 14 counties within the judicial election district.  This
  2 15 subsection shall not be used to remove an elected commissioner
  2 16 from office prior to the expiration of the commissioner's
  2 17 term.
  2 18    Sec. 3.  Section 46.14, Code 2007, is amended to read as
  2 19 follows:
  2 20    46.14  NOMINATION.
  2 21    1.  Each judicial nominating commission shall carefully
  2 22 consider the individuals available for judge, and within sixty
  2 23 days after receiving notice of a vacancy shall certify to the
  2 24 governor and the chief justice the proper number of nominees,
  2 25 in alphabetical order.  Such nominees shall be chosen by the
  2 26 affirmative vote of a majority of the full statutory number of
  2 27 commissioners upon the basis of their qualifications and
  2 28 without regard to political affiliation.  Nominees shall be
  2 29 members of the bar of Iowa, shall be residents of the state or
  2 30 district of the court to which they are nominated, and shall
  2 31 be of such age that they will be able to serve an initial and
  2 32 one regular term of office to which they are nominated before
  2 33 reaching the age of seventy=two years.  Nominees for district
  2 34 judge shall file a certified application form, to be provided
  2 35 by the supreme court, with the chairperson of the district
  3  1 judicial nominating commission.  Absence of a commissioner or
  3  2 vacancy upon the commission shall not invalidate a nomination.
  3  3 The chairperson of the commission shall promptly certify the
  3  4 names of the nominees, in alphabetical order, to the governor
  3  5 and the chief justice.
  3  6    2.  Nominees for district judge shall file a certified
  3  7 application form, to be provided by the supreme court, with
  3  8 the chairperson of the district judicial nominating
  3  9 commission.  If a county within a judicial election district
  3 10 does not have a district judge residing in the county when a
  3 11 vacancy for the office of district judge occurs, the nominees
  3 12 for the vacancy shall be from those counties within the
  3 13 judicial election district that do not have a district judge
  3 14 residing in the county.  For purposes of this subsection, a
  3 15 nominee is considered residing in the county if the nominee
  3 16 has resided in the county for at least ten years.
  3 17    2. 3.  A commissioner shall not be eligible for nomination
  3 18 by the commission during the term for which the commissioner
  3 19 was elected or appointed to that commission.  A commissioner
  3 20 shall not be eligible to vote for the nomination of a family
  3 21 member, current law partner, or current business partner.  For
  3 22 purposes of this subsection, "family member" means a spouse,
  3 23 son, daughter, brother, sister, uncle, aunt, first cousin,
  3 24 nephew, niece, father=in=law, mother=in=law, son=in=law,
  3 25 daughter=in=law, brother=in=law, sister=in=law, father,
  3 26 mother, stepfather, stepmother, stepson, stepdaughter,
  3 27 stepbrother, stepsister, half brother, or half sister.
  3 28                           EXPLANATION
  3 29    This bill relates to the appointment or election of
  3 30 district judicial nominating commissioners and the appointment
  3 31 of district judges.
  3 32    The bill requires that each appointed commissioner of a
  3 33 district judicial nominating commission be from a different
  3 34 county within the judicial election district unless each
  3 35 county within the judicial election district has an appointed
  4  1 commissioner and the number of appointed commissioners exceeds
  4  2 the number of counties within the judicial election district.
  4  3    The bill also requires that each elected commissioner of a
  4  4 district judicial nominating commission be from a different
  4  5 county within the judicial election district unless each
  4  6 county within the judicial election district has an appointed
  4  7 commissioner and the number of appointed commissioners exceeds
  4  8 the number of counties within the judicial election district.
  4  9    A district judicial nominating commission makes nominations
  4 10 to the governor to fill district judge vacancies.  Under the
  4 11 bill and in current law, the governor appoints five
  4 12 commissioners to the district judicial nominating commission
  4 13 and the attorneys of the judicial election district elect five
  4 14 commissioners to the district judicial nominating commission.
  4 15 Under the bill and in current law, the district judge who has
  4 16 served the longest in the judicial election district serves as
  4 17 a chairperson of the district judicial nominating commission.
  4 18    Under the bill, if a county within a judicial election
  4 19 district does not have a district judge residing in the county
  4 20 when a vacancy for the office of district judge occurs, the
  4 21 nominees for the vacancy shall be from those counties within
  4 22 the judicial election district that do not have a district
  4 23 judge residing in the county.  In addition, the bill requires
  4 24 a person to reside in a county for at least ten years prior to
  4 25 the person being eligible to be a nominee for district judge
  4 26 from that county.
  4 27 LSB 1582YH 82
  4 28 jm:nh/es/88