House Study Bill 776 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON SWAIM)


    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 state judicial
  2    nominating commission members.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6416YC 82
  5 jm/nh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  46.2A  SPECIAL APPOINTMENT OR
  1  2 ELECTION OF STATE JUDICIAL NOMINATING COMMISSION MEMBERS.
  1  3    1.  As used in this section, "congressional district" means
  1  4 those districts established following the 2010 federal
  1  5 decennial census and described in chapter 42.
  1  6    2.  Notwithstanding sections 46.1 and 46.2, the terms of
  1  7 the appointed and elected members of the state judicial
  1  8 nominating commission serving on December 31, 2012, shall
  1  9 expire on that date.
  1 10    3.  The terms of newly appointed and elected members of the
  1 11 state judicial nominating commission shall commence on January
  1 12 1, 2013, based upon the number of congressional districts as
  1 13 enacted pursuant to chapter 42.
  1 14    4.  The initial term of the appointed members shall be as
  1 15 follows:
  1 16    a.  In the congressional district described as the first
  1 17 district, there shall be one member with a term of two years
  1 18 and one member with a term of six years.
  1 19    b.  In the congressional district described as the second
  1 20 district, there shall be one member with a term of two years
  1 21 and one member with a term of four years.
  1 22    c.  In the congressional district described as the third
  1 23 district, there shall be one member with a term of four years
  1 24 and one member with a term of six years.
  1 25    d.  In the congressional district described as the fourth
  1 26 district, there shall be one member with a term of two years
  1 27 and one member with a term of four years.
  1 28    5.  The initial term of the elected members shall be as
  1 29 follows:
  1 30    a.  In the congressional district described as the first
  1 31 district, there shall be one member with a term of two years
  1 32 and one member with a term of four years.
  1 33    b.  In the congressional district described as the second
  1 34 district, there shall be one member with a term of four years
  1 35 and one member with a term of six years.
  2  1    c.  In the congressional district described as the third
  2  2 district, there shall be one member with a term of two years
  2  3 and one member with a term of six years.
  2  4    d.  In the congressional district described as the fourth
  2  5 district, there shall be one member with a term of four years
  2  6 and one member with a term of six years.
  2  7    6.  The appointed and elected members from each
  2  8 congressional district shall be gender balanced as provided in
  2  9 section 69.16A.
  2 10    7.  After the initial term is served pursuant to this
  2 11 section, the appointed members shall be appointed to six=year
  2 12 terms as provided in section 46.1, and the elected members
  2 13 shall be elected to six=year terms as provided in section
  2 14 46.2.
  2 15    8.  If the number of congressional districts established
  2 16 following the 2010 federal decennial census and described in
  2 17 chapter 42 is not equal to four, then the procedures set out
  2 18 in this section are void and this section is repealed
  2 19 effective June 30, 2012.
  2 20                           EXPLANATION
  2 21    This bill relates to the appointment or election of state
  2 22 judicial nominating commission members.
  2 23    The state judicial nominating commission nominates persons
  2 24 to the governor for appointment to the court of appeals and
  2 25 the supreme court.
  2 26    The bill provides that the terms of each appointed and
  2 27 elected member of the state judicial nominating commission
  2 28 expire on December 31, 2012.  The bill provides that terms of
  2 29 newly appointed and elected members of the state judicial
  2 30 nominating commission shall commence on January 1, 2013, based
  2 31 upon four congressional districts being established following
  2 32 the 2010 federal decennial census.
  2 33    The bill establishes an initial term for the appointed and
  2 34 elected members by staggering the initial term at two=year,
  2 35 four=year, and six=year intervals.
  3  1    Under the bill, the initial term for appointed members is
  3  2 as follows:  three members shall serve a term of two years,
  3  3 three members shall serve a term of four years, and two
  3  4 members shall serve a term of six years.
  3  5    Under the bill, the initial term for elected members is as
  3  6 follows:  two members shall serve a term of two years, three
  3  7 members shall serve a term of four years, and three members
  3  8 shall serve a term of six years.
  3  9    The bill provides that the appointed and elected members
  3 10 from each congressional district shall be gender balanced as
  3 11 provided in Code section 69.16A.
  3 12    If the number of congressional districts established
  3 13 following the 2010 federal decennial census is not equal to
  3 14 four, then the procedures set out in the bill are void and the
  3 15 bill is repealed effective June 30, 2012.
  3 16 LSB 6416YC 82
  3 17 jm/nh/8