Senate File 2057 - Introduced
SENATE FILE
BY HOGG
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the residency of a district judge nominee.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 5298XS 82
4 jm/rj/8
PAG LIN
1 1 Section 1. Section 46.14, subsection 1, Code 2007, is
1 2 amended to read as follows:
1 3 1. Each judicial nominating commission shall carefully
1 4 consider the individuals available for judge, and within sixty
1 5 days after receiving notice of a vacancy shall certify to the
1 6 governor and the chief justice the proper number of nominees,
1 7 in alphabetical order. Such nominees shall be chosen by the
1 8 affirmative vote of a majority of the full statutory number of
1 9 commissioners upon the basis of their qualifications and
1 10 without regard to political affiliation. Nominees shall be
1 11 members of the bar of Iowa, shall be residents of the state or
1 12 district of the court to which they are nominated, and shall
1 13 be of such age that they will be able to serve an initial and
1 14 one regular term of office to which they are nominated before
1 15 reaching the age of seventy=two years. Nominees for district
1 16 judge shall file a certified application form, to be provided
1 17 by the supreme court, with the chairperson of the district
1 18 judicial nominating commission. Absence of a commissioner or
1 19 vacancy upon the commission shall not invalidate a nomination.
1 20 The chairperson of the commission shall promptly certify the
1 21 names of the nominees, in alphabetical order, to the governor
1 22 and the chief justice.
1 23 EXPLANATION
1 24 This bill relates to the residency of a district judge
1 25 nominee. The bill eliminates the requirement that a nominee
1 26 for a district judgeship be a resident of the judicial
1 27 election district prior to nomination for appointment by the
1 28 district judicial nominating commission.
1 29 Under the bill and in current law, the nominee must become
1 30 a resident of the judicial election district upon appointment
1 31 by the governor in order to serve as a district judge pursuant
1 32 to Code section 602.6201, subsection 2.
1 33 LSB 5298XS 82
1 34 jm/rj/8