Senate File 2211 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SF 2057)

    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 5298SV 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 5298SV 82
  1 34 jm/rj/8