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