HSB 110 (LSB 1707YC (2) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the membership and procedures of the state judicial nominating commission and district judicial nominating commission and to the selection and qualifications of judges, associate judges, and the chief justice, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
JUDICIAL NOMINATING COMMISSION MODERNIZATION

    Section 1.  Section 46.1, Code 2019, is amended to read as follows:
   46.1  Appointment of state judicial nominating commissioners by the governor.
   1.  The governor shall appoint, subject to confirmation by the senate, one eligible elector of each congressional district eight eligible electors to the state judicial nominating commission for a six-year term beginning and ending as provided in section 69.19.
   2.  The appointments made by the governor shall be staggered terms of six years each and shall be made in the month of January for terms commencing February 1 of odd-numbered years. The terms of no more than three nor less than two of the members commissioners shall expire within the same two-year period.
   3.  No more than a simple majority half of the members commissioners appointed by the governor shall be of the same gender.
   4.  At least half of the commissioners appointed by the governor shall be admitted to practice law in Iowa.
   5.  All commissioners shall be chosen without reference to political affiliation.
   6.  There shall be at least one commissioner appointed by the governor from each congressional district and there shall not be more than two commissioners appointed by the governor from a single congressional district unless each congressional district has at least two commissioners appointed by the governor.
   7.  A commissioner who has served a full six-year term on the state judicial nominating commission, whether the commissioner was appointed or elected, shall be ineligible to be appointed to a second six-year term.
   8.  No person may be appointed who holds an office of profit of the United States or of the state at the time of appointment.
    Sec. 2.  Section 46.2, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   46.2  Appointment of state judicial nominating commissioners by legislative leaders.
   1.  The speaker of the house, house minority leader, senate majority leader, and senate minority leader shall each appoint two eligible electors of different genders to the state judicial nominating commission.
   2.  The appointments made by the legislative leaders shall be staggered terms of six years each and shall be made in the month of January for terms commencing February 1 of odd-numbered years. The terms of no more than four nor less than two of the members shall expire within the same two-year period.
   3.  At least one of the commissioners appointed by each legislative leader shall be admitted to practice law in Iowa.
   4.  All commissioners shall be chosen without reference to political affiliation.
   5.  A legislative leader shall give due consideration to area representation on the commission when making an appointment and shall not make an appointment that results in two commissioners serving from the same congressional district who were appointed by a leader of the same party in the same chamber.
   6.  An appointment made to replace a commissioner, whether in the middle of a term or upon the expiration of the term, shall be made by the person holding the same legislative leadership position that made the original appointment.
   7.  A person appointed to replace a commissioner, whether in the middle of a term or upon the expiration of the term, must be of the same gender as the commissioner being replaced.
   8.  A commissioner who has served a full six-year term on the state judicial nominating commission, whether the commissioner was appointed or elected, shall be ineligible to be appointed to a second six-year term.
   9.  No person may be appointed who holds an office of profit of the United States or of the state at the time of appointment.
    Sec. 3.  Section 46.2A, Code 2019, is amended to read as follows:
   46.2A  Special appointment or election of state judicial nominating commission members commissioners.
   1.  As used in this section, “congressional district” means those districts established following the 2010 federal decennial census and described in chapter 40.
   2.  Notwithstanding sections 46.1 and 46.2, the terms of the appointed and elected members commissioners of the state judicial nominating commission serving on December 31, 2012, the effective date of this Act shall expire at 11:59 p.m. on that date.  Notwithstanding section 69.1A, commissioners of the state judicial nominating commission serving on that date shall not hold over until the appointment of the successor commissioners under this section.
   3.  The terms of newly appointed and elected members commissioners of the state judicial nominating commission shall commence on January 1, 2013, based upon the number of congressional districts as enacted pursuant to chapter 42 at 12:00 a.m. on the day after the effective date of this Act.
   4.  The initial term of the appointed members commissioners appointed by the governor shall be as follows:
   a.  In the congressional district described as the first district, there shall be one member male commissioner with a term of two years expiring on January 31, 2021, and one member female commissioner with a term of six years expiring on January 31, 2025.
   b.  In the congressional district described as the second district, there shall be one member female commissioner with a term of two years expiring on January 31, 2021, and one member male commissioner with a term of four years expiring on January 31, 2023.
   c.  In the congressional district described as the third district, there shall be one member female commissioner with a term of four years expiring on January 31, 2023, and one member male commissioner with a term of six years expiring on January 31, 2025.
   d.  In the congressional district described as the fourth district, there shall be one member male commissioner with a term of two years expiring on January 31, 2021, and one member female commissioner with a term of four years expiring on January 31, 2025.
   5.  The initial term of the elected members commissioners appointed by the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader shall be as follows:
   a.  In the congressional district described as the first district, there shall be The speaker of the house shall appoint one member male commissioner with a term of two years expiring on January 31, 2023, and one member female commissioner with a term of four years expiring on January 31, 2025.
   b.  In the congressional district described as the second district, there shall be The house minority leader shall appoint one member male commissioner with a term of four years expiring on January 31, 2023, and one member female commissioner with a term of six years expiring on January 31, 2025.
   c.  In the congressional district described as the third district, there shall be The senate majority leader shall appoint one member male commissioner with a term of two years expiring on January 31, 2021, and one member female commissioner with a term of six years expiring on January 31, 2023.
   d.  In the congressional district described as the fourth district, there shall be The senate minority leader shall appoint one member male commissioner with a term of four years expiring on January 31, 2021, and one member female commissioner with a term of six years expiring on January 31, 2023.
   6.  The appointed and elected members from each congressional district shall be gender balanced as provided in section 69.16A.
   7.  6.  After the initial term is served pursuant to this section, the appointed members commissioners shall be appointed to six-year terms by the governor as provided in section 46.1, and the elected members shall be elected to six-year terms and by the legislative leaders as provided in section 46.2.
   7.  If the state judicial nominating commission has received notice of a vacancy and has not yet submitted nominees to the governor prior to the effective date of this Act, the newly appointed commission may choose to extend its nomination process or conduct a new nomination process. In any such pending vacancy, notwithstanding section 46.14, subsection 1, the commission must certify to the governor and the chief justice the proper number of nominees within sixty days of the effective date of this Act.
    Sec. 4.  Section 46.3, Code 2019, is amended to read as follows:
   46.3  Appointment of district judicial nominating commissioners by the governor.
   1.  The governor shall appoint five four eligible electors of each judicial election district to the district judicial nominating commission.
   2.  The appointments made by the governor shall be to staggered terms of six years each and shall be made in the month of January for terms commencing February 1 of even-numbered odd-numbered years.
   3.  No more than a simple majority half of the commissioners appointed by the governor shall be of the same gender.
   4.  All commissioners shall be chosen without reference to political affiliation.
   4.  5.  Beginning with terms commencing February 1, 2012, there There shall not be more than one appointed commissioner from a county within a judicial election district unless each county within the judicial election district has an appointed or elected commissioner or the number of appointed commissioners exceeds the number of counties within the judicial election district. This subsection shall not be used to remove an appointed commissioner from office prior to the expiration of the commissioner’s term.
   6.  No person may be appointed who holds an office of profit of the United States or of the state at the time of appointment.
    Sec. 5.  Section 46.4, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   46.4  Appointment of district judicial nominating commissioners by legislative leaders.
   1.  The speaker of the house, house minority leader, senate majority leader, and senate minority leader shall each appoint one eligible elector of each judicial election district to the district judicial nominating commission.
   2.  The appointments made by the legislative leaders shall be staggered terms of six years each and shall be made in the month of January for terms commencing February 1 of odd-numbered years. The terms of no more than two of the commissioners appointed by legislative leaders on a district judicial nominating commission shall expire within the same two-year period.
   3.  All the commissioners appointed by the legislative leaders shall be admitted to practice law in Iowa.
   4.  All commissioners shall be chosen without reference to political affiliation.
   5.  A legislative leader shall give due consideration to area representation on the commission when making an appointment.
   6.  An appointment made to replace a commissioner, whether in the middle of a term or upon the expiration of the term, shall be made by the person holding the same leadership position that originally appointed the commissioner.
   7.  A person appointed to replace a commissioner in the middle of a term must be of the same gender as the commissioner being replaced. A person appointed to replace a commissioner upon the end of a term shall be of a different gender than the commissioner being replaced.
   8.  A commissioner who has served a full six-year term on the district judicial nominating commission, whether the commissioner was appointed or elected, shall be ineligible to be appointed to a second six-year term.
   9.  No person may be appointed who holds an office of profit of the United States or of the state at the time of appointment.
    Sec. 6.  NEW SECTION.  46.4A  Special appointment of district judicial nominating commissioners.
   1.  Notwithstanding sections 46.3 and 46.4, the terms of the appointed and elected commissioners of the district judicial nominating commission serving on the effective date of this Act shall expire at 11:59 p.m. on that date. Notwithstanding section 69.1A, commissioners of the district judicial nominating commission serving on that date shall not hold over until the appointment of the successor commissioners under this section.
   2.  The terms of newly appointed commissioners of the district judicial nominating commission shall commence at 12:00 a.m. on the day after the effective date of this Act.
   3.  The initial term of the commissioners appointed by the governor shall be as follows:
   a.  In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district, the governor shall appoint one male commissioner with a term expiring on January 31, 2021, one female commissioner with a term expiring on January 31, 2021, one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025.
   b.  In judicial election districts 1B, 2B, 3B, 5B, 8B, and the fourth and sixth judicial districts, the governor shall appoint one female commissioner with a term expiring on January 31, 2021, one male commissioner with a term expiring on January 31, 2023, one female commissioner with a term expiring on January 31, 2025, and one male commissioner with a term expiring on January 31, 2025.
   4.  The initial term of the commissioners appointed by the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader shall be as follows in judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district:
   a.  The speaker of the house shall appoint one male commissioner with a term expiring on January 31, 2023.
   b.  The house minority leader shall appoint one female commissioner with a term expiring on January 31, 2023.
   c.  The senate majority leader shall appoint one female commissioner with a term expiring on January 31, 2025.
   d.  The senate minority leader shall appoint one male commissioner with a term expiring on January 31, 2025.
   5.  The initial term of the commissioners appointed by the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader shall be as follows in judicial election districts 1B, 2B, 3B, 5B, 8B, and the fourth and sixth judicial districts:
   a.  The speaker of the house shall appoint one female commissioner with a term expiring on January 31, 2021.
   b.  The house minority leader shall appoint one male commissioner with a term expiring on January 31, 2021.
   c.  The senate majority leader shall appoint one male commissioner with a term expiring on January 31, 2023.
   d.  The senate minority leader shall appoint one female commissioner with a term expiring on January 31, 2023.
   6.  After the initial term is served pursuant to this section, commissioners shall be appointed to six-year terms by the governor as provided in section 46.3 and by the legislative leaders as provided in section 46.4.
   7.  If a district judicial nominating commission has received notice of a vacancy and has not yet submitted nominees to the governor prior to the effective date of this Act, the newly appointed commission may choose to extend its nomination process or conduct a new nomination process. In any such pending vacancy, notwithstanding section 46.14, subsection 1, the commission must certify to the governor and the chief justice the proper number of nominees within sixty days of the effective date of this Act.
    Sec. 7.  Section 46.5, Code 2019, is amended to read as follows:
   46.5  Vacancies.
   1.  When a vacancy occurs in the office of appointive a judicial nominating commissioner, the chairperson of the particular commission or the governor shall promptly notify the governor appointing authority in writing of such fact. Vacancies in the office of appointive a judicial nominating commissioner shall be filled by appointment by the governor or applicable legislative leader, consistent with eligibility requirements. The term of state judicial nominating commissioners so appointed shall commence upon their appointment pending confirmation by the senate at the then session of the general assembly or at its next session if it is not then in session. The term of district judicial nominating commissioners so appointed shall commence upon their appointment.
   2.  Except where the term has less than ninety days remaining, vacancies in the office of elective member of the state judicial nominating commission shall be filled consistent with eligibility requirements by a special election within the congressional district where the vacancy occurs, such election to be conducted as provided in sections 46.9 and 46.10.  A commissioner shall be deemed to have submitted a resignation if the commissioner fails to attend a meeting of the commission that is properly noticed under section 46.13 and at which the commission conducts interviews or selects nominees for judicial office. The appointing authority of the commissioner in the appointing authority’s discretion may accept or reject the resignation. If the appointing authority accepts the resignation, the appointing authority shall notify the commissioner and the chairperson of the commission in writing and shall then make another appointment.
   3.  Vacancies in the office of elective judicial nominating commissioner of district judicial nominating commissions shall be filled consistent with eligibility requirements and by majority vote of the authorized number of elective members of the particular commission, at a meeting of such members called in the manner provided in section 46.13. The term of judicial nominating commissioners so chosen shall commence upon their selection.
   4.  3.  If a vacancy occurs in the office of chairperson of a judicial nominating commission, the governor shall appoint a new chairperson. If the governor has not yet filled the vacancy by the time of a commission meeting, or in the absence of the chairperson, the members of the particular commission shall elect a temporary chairperson from their own number.
   5.  When a vacancy in an office of an elective judicial nominating commissioner occurs, the state court administrator shall cause to be mailed to each member of the bar whose name appears on the certified list prepared pursuant to section 46.8 for the district or districts affected, a notice stating the existence of the vacancy, the requirements for eligibility, and the manner in which the vacancy will be filled. Other items may be included in the same mailing if they are on sheets separate from the notice. The election of a district judicial nominating commissioner or the close of nominations for a state judicial nominating commissioner shall not occur until thirty days after the mailing of the notice.
   4.  For purposes of this section, “appointing authority” means the holder of the office that appointed the person to be a commissioner.
    Sec. 8.  Section 46.6, Code 2019, is amended to read as follows:
   46.6  Equal seniority Chairperson.
   If the judges of longest service, other than the chief justice, of the supreme court or of the district court in a district are of equal service, the eldest of such judges shall be chairperson of the particular judicial nominating commission.  The governor shall appoint one of the commissioners appointed by the governor or the legislative leaders on each judicial nominating commission to serve as the chairperson of the particular judicial nominating commission for a two-year term as chairperson. If a chairperson of a judicial nominating commission desires to be relieved of the duties of chairperson while retaining the status of commissioner, the chairperson shall notify the governor, and the governor shall appoint another commissioner to serve as chairperson for the remainder of the two-year term.
    Sec. 9.  Section 46.11, Code 2019, is amended to read as follows:
   46.11  Certification of commissioners.
   The Upon making an appointment, the governor and the state court administrator respectively or legislative leader shall promptly certify the names and addresses of appointive and elective judicial nominating commissioners to the state commissioner of elections and the chairperson of the respective nominating commissions.
    Sec. 10.  Section 46.12, subsection 1, Code 2019, is amended to read as follows:
   1.  When a vacancy occurs or will occur within one hundred twenty days in the supreme court, the court of appeals, or district court, the state commissioner of elections shall forthwith so notify the chairperson of the proper judicial nominating commission. The chairperson shall call a meeting of the commission within ten days after such notice; if the chairperson fails to do so, the chief justice governor shall call such meeting.
    Sec. 11.  Section 46.13, Code 2019, is amended to read as follows:
   46.13  Notice of meetings and application process.
   1.  The chairperson of each judicial nominating commission shall give the members of the commission at least five days’ written notice by mail or electronic mail of the time and place of every meeting, except as to members who execute written waivers of notice at or before the meeting or unless the commission at its next previous meeting designated the time and place of the meeting.
   2.  Each commission, with the technical support of the judicial branch, shall publish all of the following on the judicial branch website:
   a.  Notice that the commission is accepting applications for judge or justice along with a copy of the application form at least two weeks before applications are required to be submitted to the commission.
   b.  Copies of nonconfidential application materials submitted by applicants.
   c.  The schedule of applicant interviews before the commission.
   d.  The list of nominees submitted by the commission to the governor and the chief justice.
   3.  Commissioners shall be permitted to conduct individual interviews with applicants in advance of the commission’s meetings to choose the nominees.
    Sec. 12.  Section 46.14, subsection 1, Code 2019, is amended to read as follows:
   1.  Each judicial nominating commission shall carefully consider the individuals available for judge, and within sixty days after receiving notice of a vacancy shall certify to the governor and the chief justice the proper number of nominees, in alphabetical order. Such nominees shall be chosen by the affirmative vote of a majority of the full statutory number of commissioners upon the basis of their qualifications and without regard to political affiliation. Nominees shall be members of the bar of Iowa, shall be residents of the state or district of the court to which they are nominated, and shall be of such age that they will be able to serve an initial and one regular term of office to which they are nominated before reaching the age of seventy-two years. Nominees for district judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the district judicial nominating commission. Absence of a commissioner or vacancy upon the commission shall not invalidate a nomination. The chairperson of the commission shall promptly certify the names of the nominees, in alphabetical order, to the governor and the chief justice by sending by electronic mail the certification to the governor and chief justice or their designees on the day of nomination.
    Sec. 13.  Section 46.14A, Code 2019, is amended to read as follows:
   46.14A  Court of appeals —— nominees.
   Vacancies in the court of appeals shall be filled by appointment by the governor from a list of nominees submitted by the state judicial nominating commission. Three Five nominees shall be submitted for each vacancy. Nominees to the court of appeals shall have the qualifications prescribed for nominees to the supreme court.
    Sec. 14.  Section 602.6201, subsection 2, Code 2019, is amended to read as follows:
   2.  A district judge must be a resident of the judicial election district in which appointed and retained before assuming office and during the entire term of office. Subject to the provision for reassignment of judges under section 602.6108, a district judge shall serve in the district of the judge’s residence while in office, regardless of the number of judgeships to which the district is entitled under the formula prescribed by the supreme court in subsection 3.
    Sec. 15.  Section 602.6504, subsection 3, Code 2019, is amended to read as follows:
   3.  An attorney is To be eligible to vote in elections of magistrate appointing commissioners within a county if eligible to vote under sections 46.7 and 46.8, and if a resident of the county, an attorney must be eligible to practice and must be a resident of the county as shown by the attorney’s most recent filing with the supreme court for the purpose of showing compliance with the court’s continuing legal education requirements, or for attorneys eligible to practice who are not required to file such compliance, any paper on file by July 1 with the state court administrator, for the purpose of establishing eligibility to vote under this section, which the court determines to show the requisite residency requirements. A judge who has been admitted to the bar of the state of Iowa shall be considered an attorney. Each year, the state court administrator shall certify a list of the names, addresses, and years of admission of members of the bar who are eligible to vote for the magistrate appointing commission.
    Sec. 16.  Section 602.8102, subsection 14, Code 2019, is amended by striking the subsection.
    Sec. 17.  REPEAL.  Sections 46.7, 46.8, 46.9, 46.9A, 46.10, and 602.11111, Code 2019, are repealed.
    Sec. 18.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION II
ASSOCIATE JUDGE SELECTION

    Sec. 19.  Section 602.2301, subsection 2, Code 2019, is amended to read as follows:
   2.  Notwithstanding sections 602.6304, 602.7103B, and 633.20B, the chief justice may order any county magistrate appointing commission the state commissioner of elections to delay, for budgetary reasons, publicizing the notice the sending of a notification to the proper judicial nominating commission that a vacancy in the office of a vacancy for a district associate judgeship judge, associate juvenile judgeship judge, or associate probate judgeship judge has occurred or will occur.
    Sec. 20.  Section 602.6302, subsection 2, Code 2019, is amended to read as follows:
   2.  An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county magistrate appointing commission or commissions and the chairperson of the district judicial nominating commission no later than May 31 of the year in which the substitution is to take effect. A copy of the order shall also be sent to the state court administrator.
    Sec. 21.  Section 602.6303, subsection 2, Code 2019, is amended to read as follows:
   2.  An order of substitution shall not take effect unless a copy of the order is received by the chairperson of the county magistrate appointing commission or commissions and the chairperson of the district judicial nominating commission no later than May 31 of the year in which the substitution is to take effect. The order shall designate the county of appointment for each magistrate. A copy of the order shall also be sent to the state court administrator.
    Sec. 22.  Section 602.6304, Code 2019, is amended to read as follows:
   602.6304  Appointment and resignation of district associate judges.
   1.  The district associate judges authorized by sections 602.6301 and 602.6302 shall be appointed by the district judges of the judicial election district governor from persons nominated by the county magistrate appointing district judicial nominating commission in the same manner as district judges under chapter 46. In the case of a district associate judge to be appointed to more than one county, the appointment shall be from persons nominated by the county magistrate appointing commissions acting jointly and in the case of a district associate judge to be appointed to more than one judicial election district of the same judicial district, the appointment shall be by a majority of the district judges in each judicial election district.
   2.  In November of any year in which an impending vacancy is created because a district associate judge is not retained in office pursuant to a judicial election, the county magistrate appointing commission shall publicize notice of the vacancy in at least two publications in the official county newspaper. The commission shall accept applications for consideration for nomination as district associate judge for a minimum of fifteen days prior to certifying nominations. The commission shall consider the applications and shall, by majority vote, certify to the chief judge of the judicial district not later than December 15 of that year the names of three applicants who are nominated by the commission for the vacancy. If there are three or fewer applicants the commission shall certify all applicants who meet the statutory qualifications. Nominees shall be chosen solely on the basis of the qualifications of the applicants, and political affiliation shall not be considered.
   3.  Within thirty days after a county magistrate appointing commission receives notification of an actual or impending vacancy in the office of district associate judge, other than a vacancy referred to in subsection 2, the commission shall certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy. The commission shall publicize notice of the vacancy in at least two publications in the official county newspaper. The commission shall accept applications for consideration for nomination as district associate judge for a minimum of fifteen days prior to certifying nominations. The commission shall consider the applications and shall, by majority vote, certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy. If there are three or fewer applicants the commission shall certify all applicants who meet the statutory qualifications. Nominees shall be chosen solely on the basis of the qualifications of the applicants, and political affiliation shall not be considered. As used in this subsection, a vacancy is created by the death, retirement, resignation, or removal of a district associate judge, or by an increase in the number of positions authorized.
   4.  Within fifteen days after the chief judge of a judicial district has received the list of nominees to fill a vacancy in the office of district associate judge, the district judges in the judicial election district shall, by majority vote, appoint one of those nominees to fill the vacancy.
   5.  2.  A district associate judge who seeks to resign from the office of district associate judge shall notify in writing the governor, the chief judge of the judicial district, and the state commissioner of elections as to the district associate judge’s intention to resign and the effective date of the resignation. The chief judge of the judicial district, upon receipt of the notice, shall notify the county magistrate appointing commission and the state court administrator of the actual or impending vacancy in the office of district associate judge due to resignation.
   6.  The supreme court may prescribe rules of procedure to be used by county magistrate appointing commissions when exercising the duties specified in this section.
   3.  When a vacancy occurs or will occur within one hundred twenty days in the office of district associate judge, the state commissioner of elections shall forthwith so notify the chairperson of the proper district judicial nominating commission. The chairperson shall call a meeting of the commission within ten days after such notice. If the chairperson fails to do so, the governor shall call such meeting.
    Sec. 23.  Section 602.6305, subsections 2 and 3, Code 2019, are amended to read as follows:
   2.  A person does not qualify for appointment to the office of district associate judge unless the person is at the time of appointment a resident of the judicial election district in which the vacancy exists, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two. An applicant for district associate judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission.
   3.  A district associate judge must be a resident of the judicial election district in which the office is held before assuming office and during the entire term of office. A district associate judge shall serve within the judicial district in which appointed, as directed by the chief judge, and is subject to reassignment under section 602.6108.
    Sec. 24.  Section 602.6502, Code 2019, is amended to read as follows:
   602.6502  Prohibitions to appointment.
   A member of a county magistrate appointing commission shall not be appointed to the office of magistrate, and shall not be nominated for or appointed to the office of district associate judge, office of associate juvenile judge, or office of associate probate judge. A member of the commission shall not be eligible to vote for the appointment or nomination of a family member, current law partner, or current business partner. For purposes of this section, “family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
    Sec. 25.  Section 602.7103B, Code 2019, is amended to read as follows:
   602.7103B  Appointment and resignation of full-time associate juvenile judges.
   1.  Full-time associate juvenile judges shall be appointed by the district judges of the judicial election district governor from persons nominated by the county magistrate appointing district judicial nominating commission in the same manner as district judges under chapter 46. In the case of a full-time associate juvenile judge to be appointed to more than one county, the appointment shall be from persons nominated by the county magistrate appointing commissions acting jointly and in the case of a full-time associate juvenile judge to be appointed to more than one judicial election district of the same judicial district, the appointment shall be by a majority of the district judges in each judicial election district.
   2.  In November of any year in which an impending vacancy is created because a full-time associate juvenile judge is not retained in office pursuant to a judicial election, the county magistrate appointing commission shall publicize notice of the vacancy in at least two publications in the official county newspaper. The commission shall accept applications for consideration for nomination as full-time associate juvenile judge for a minimum of fifteen days prior to certifying nominations. The commission shall consider the applications and shall, by majority vote, certify to the chief judge of the judicial district not later than December 15 of that year the names of three applicants who are nominated by the commission for the vacancy. If there are three or fewer applicants, the commission shall certify all applicants who meet the statutory qualifications. Nominees shall be chosen solely on the basis of the qualifications of the applicants, and political affiliation shall not be considered.
   3.  Within thirty days after a county magistrate appointing commission receives notification of an actual or impending vacancy in the office of full-time associate juvenile judge, other than a vacancy referred to in subsection 2, the commission shall certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy. The commission shall publicize notice of the vacancy in at least two publications in the official county newspaper. The commission shall accept applications for consideration for nomination as full-time associate juvenile judge for a minimum of fifteen days prior to certifying nominations. The commission shall consider the applications and shall, by majority vote, certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy. If there are three or fewer applicants, the commission shall certify all applicants who meet the statutory qualifications. Nominees shall be chosen solely on the basis of the qualifications of the applicants, and political affiliation shall not be considered. As used in this subsection, a vacancy is created by the death, retirement, resignation, or removal of a full-time associate juvenile judge, or by an increase in the number of positions authorized.
   4.  Within fifteen days after the chief judge of a judicial district has received the list of nominees to fill a vacancy in the office of full-time associate juvenile judge, the district judges in the judicial election district shall, by majority vote, appoint one of those nominees to fill the vacancy.
   5.  2.  A full-time associate juvenile judge who seeks to resign from the office of full-time associate juvenile judge shall notify in writing the governor, the chief judge of the judicial district, and the state commissioner of elections as to the full-time associate juvenile judge’s intention to resign and the effective date of the resignation. The chief judge of the judicial district, upon receipt of the notice, shall notify the county magistrate appointing commission and the state court administrator of the actual or impending vacancy in the office of full-time associate juvenile judge due to resignation.
   6.  The supreme court may prescribe rules of procedure to be used by county magistrate appointing commissions when exercising the duties specified in this section.
   3.  When a vacancy occurs or will occur within one hundred twenty days in the office of full-time associate juvenile judge, the state commissioner of elections shall forthwith so notify the chairperson of the proper district judicial nominating commission. The chairperson shall call a meeting of the commission within ten days after such notice. If the chairperson fails to do so, the governor shall call such meeting.
    Sec. 26.  Section 602.7103C, subsections 2 and 3, Code 2019, are amended to read as follows:
   2.  A person does not qualify for appointment to the office of full-time associate juvenile judge unless the person is at the time of appointment a resident of the county in which the vacancy exists, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two. An applicant for full-time associate juvenile judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission.
   3.  A full-time associate juvenile judge must be a resident of a county the judicial election district in which the office is held before assuming office and during the entire term of office. A full-time associate juvenile judge shall serve within the judicial district in which appointed, as directed by the chief judge, and is subject to reassignment under section 602.6108.
    Sec. 27.  Section 633.20B, Code 2019, is amended to read as follows:
   633.20B  Appointment and resignation of full-time associate probate judges.
   1.  Full-time associate probate judges shall be appointed by the district judges of the judicial election district governor from persons nominated by the county magistrate appointing district judicial nominating commission in the same manner as district judges under chapter 46. In the case of a full-time associate probate judge to be appointed to more than one county, the appointment shall be from persons nominated by the county magistrate appointing commissions acting jointly and in the case of a full-time associate probate judge to be appointed to more than one judicial election district of the same judicial district, the appointment shall be by a majority of the district judges in each judicial election district.
   2.  In November of any year in which an impending vacancy is created because a full-time associate probate judge is not retained in office pursuant to a judicial election, the county magistrate appointing commission shall publicize notice of the vacancy in at least two publications in the official county newspaper. The commission shall accept applications for consideration for nomination as full-time associate probate judge for a minimum of fifteen days prior to certifying nominations. The commission shall consider the applications and shall, by majority vote, certify to the chief judge of the judicial district not later than December 15 of that year the names of three applicants who are nominated by the commission for the vacancy. If there are three or fewer applicants, the commission shall certify all applicants who meet the statutory qualifications. Nominees shall be chosen solely on the basis of the qualifications of the applicants, and political affiliation shall not be considered.
   3.  Within thirty days after a county magistrate appointing commission receives notification of an actual or impending vacancy in the office of full-time associate probate judge, other than a vacancy referred to in subsection 2, the commission shall certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy. The commission shall publicize notice of the vacancy in at least two publications in the official county newspaper. The commission shall accept applications for consideration for nomination as full-time associate probate judge for a minimum of fifteen days prior to certifying nominations. The commission shall consider the applications and shall, by majority vote, certify to the chief judge of the judicial district the names of three applicants who are nominated by the commission for the vacancy. If there are three or fewer applicants, the commission shall certify all applicants who meet the statutory qualifications. Nominees shall be chosen solely on the basis of the qualifications of the applicants, and political affiliation shall not be considered. As used in this subsection, a vacancy is created by the death, retirement, resignation, or removal of a full-time associate probate judge, or by an increase in the number of positions authorized.
   4.  Within fifteen days after the chief judge of a judicial district has received the list of nominees to fill a vacancy in the office of full-time associate probate judge, the district judges in the judicial election district shall, by majority vote, appoint one of those nominees to fill the vacancy.
   5.  2.  A full-time associate probate judge who seeks to resign from the office of full-time associate probate judge shall notify in writing the governor, the chief judge of the judicial district, and the state commissioner of elections as to the full-time associate probate judge’s intention to resign and the effective date of the resignation. The chief judge of the judicial district, upon receipt of the notice, shall notify the county magistrate appointing commission and the state court administrator of the actual or impending vacancy in the office of full-time associate probate judge due to resignation.
   6.  The supreme court may prescribe rules of procedure to be used by county magistrate appointing commissions when exercising the duties specified in this section.
   3.  When a vacancy occurs or will occur within one hundred twenty days in the office of full-time associate probate judge, the state commissioner of elections shall forthwith so notify the chairperson of the proper district judicial nominating commission. The chairperson shall call a meeting of the commission within ten days after such notice. If the chairperson fails to do so, the governor shall call such meeting.
    Sec. 28.  Section 633.20C, subsections 2 and 3, Code 2019, are amended to read as follows:
   2.  A person does not qualify for appointment to the office of full-time associate probate judge unless the person is at the time of appointment a resident of the county in which the vacancy exists, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two. An applicant for full-time associate probate judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission.
   3.  A full-time associate probate judge must be a resident of a county the judicial election district in which the office is held before assuming office and during the entire term of office. A full-time associate probate judge shall serve within the judicial district in which appointed, as directed by the chief judge, and is subject to reassignment under section 602.6108.
    Sec. 29.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION III
CHIEF JUSTICE SELECTION

    Sec. 30.  Section 602.4103, Code 2019, is amended to read as follows:
   602.4103  Chief justice.
   The justices of the supreme court shall select one justice as chief justice, to serve during that justice’s term of office.
   1.  At the first meeting in each odd-numbered year, the justices of the supreme court by majority vote shall designate one justice as chief justice, to serve for a two-year term. A vacancy in the office of chief justice shall be filled for the remainder of the unexpired term by majority vote of the justices of the supreme court, after any vacancy on the court has been filled.
   2.  If the chief justice desires to be relieved of the duties of chief justice while retaining the status of justice of the supreme court, the chief justice shall notify the governor and the other justices of the supreme court. The office of chief justice shall be deemed vacant, and shall be filled as provided in this section.
   3.  The chief justice is eligible for reselection.
   4.  The chief justice shall appoint one of the other justices to act during the absence or inability of the chief justice to act, and when so acting the appointee has all the rights, duties, and powers of the chief justice.
    Sec. 31.  NEW SECTION.  602.4103A  Transition provisions.
   1.  The term of the chief justice serving on the effective date of this Act shall expire on January 15, 2021, or upon the conclusion of the first meeting of the justices of the supreme court in January 2021, whichever occurs earlier.
   2.  If the office of chief justice becomes vacant prior to the expiration of the term in January 2021, the office shall be filled for the remainder of the unexpired term as provided for in section 602.4103.
   3.  This section is repealed July 1, 2021.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the membership and procedures of the state judicial nominating commission and district judicial nominating commission and to the selection and qualifications of judges, associate judges, and the chief justice.
   DIVISION I —— STATE JUDICIAL NOMINATING COMMISSION. Current law provides that the governor appoint one eligible elector of each congressional district, which is subject to confirmation by the senate, to the state judicial nominating commission. The bill amends Code section 46.1 and provides that the governor shall appoint, without confirmation by the senate, eight eligible electors to the state judicial nominating commission with staggered terms of six years each and made in the month of January for terms commencing February 1 of odd-numbered years. The governor shall appoint at least one commissioner from each congressional district, but there shall be no more than two commissioners appointed from a single congressional district unless each congressional district has at least two commissioners appointed. At least half of the commissioners appointed by the governor shall be admitted to practice law in Iowa. A commissioner who has served a full six-year term on the state judicial nominating commission, whether appointed or elected, is ineligible to be appointed to a second term. The bill further provides that no person may be appointed as a commissioner who holds an office of profit of the United States or of Iowa at the time of appointment.
   Current law provides that the resident members of the bar of each congressional district shall elect an eligible elector of the district to the state judicial nominating commission. The bill amends Code section 46.2 such that resident members of the bar shall not elect eligible electors to the state judicial nominating commission. Instead, the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader shall each appoint two eligible electors of different genders to the state judicial nominating commission. At least one of the commissioners appointed by each legislative leader shall be admitted to practice law in Iowa. The appointments by the legislative leaders are to be staggered terms of six years and made in the month of January for terms commencing February 1 of odd-numbered years and the terms of no more than four nor less than two of the commissioners shall expire within the same two-year period. The bill states that no legislative leader shall make an appointment that results in two commissioners serving from the same congressional district who were appointed by a leader of the same party in the same chamber. An appointment made to replace a commissioner, whether in the middle of a term or upon the expiration of the term, shall be made by the person holding the same legislative leadership position that made the original appointment. A commissioner who has served a full six-year term is ineligible to be appointed to a second six-year term and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment.
   The bill provides that the terms of the appointed and elected commissioners of the state judicial nominating commission serving on the effective date of the bill shall expire at 11:59 p.m. on that date. The terms of the newly appointed commissioners shall then commence at 12:00 a.m. on the day after the effective date of the bill. The initial terms of the commissioners appointed by the governor are as follows: for the first district, there is a male commissioner with a term expiring on January 31, 2021, and a female commissioner with a term expiring on January 31, 2025; for the second district, there is a female commissioner with a term expiring on January 31, 2021, and a male commissioner with a term expiring on January 31, 2023; for the third district, there is a female commissioner with a term expiring on January 31, 2023, and a male commissioner with a term expiring on January 31, 2025; and for the fourth district, there is a male commissioner with a term expiring on January 31, 2021, and a female commissioner with a term expiring on January 31, 2025. The initial terms of the commissioners appointed by the legislative leaders are as follows: the speaker of the house shall appoint one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025; the house minority leader shall appoint one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025; the senate majority leader shall appoint one male commissioner with a term expiring on January 31, 2021, and one female commissioner with a term expiring on January 31, 2023; and the senate minority leader shall appoint one male commissioner with a term expiring on January 31, 2021, and one female commissioner with a term expiring on January 31, 2023. After the initial terms are served, commissioners shall be appointed to six-year terms by the governor and by the legislative leaders as provided.
   DISTRICT JUDICIAL NOMINATING COMMISSION. The bill provides that the governor shall appoint four eligible electors of each judicial election district to the district judicial nominating commission whereas current law provides for the appointment of five such electors. These appointments are to be made in the month of January for terms commencing February 1 of odd-numbered years. No more than half of the commissioners appointed by the governor shall be of the same gender; all commissioners shall be chosen without reference to political affiliation; and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment.
   Current law provides that the resident members of the bar of each judicial election district shall elect five eligible electors of the district to the district judicial nominating commission. The bill amends Code section 46.4 such that resident members of the bar shall not elect eligible electors to the district judicial nominating commission and provides that the speaker of the house, house minority leader, senate majority leader, and senate minority leader shall each appoint one eligible elector to each district judicial nominating commission. All the commissioners appointed by the legislative leaders shall be admitted to practice law in Iowa. These appointments are to be staggered terms of six years made in the month of January for terms commencing February 1 of odd-numbered years. The terms of no more than two of the commissioners appointed by legislative leaders on a district judicial nominating commission shall expire within the same two-year period. All commissioners must be chosen without reference to political affiliation and due consideration is to be given to area representation on the commission when making an appointment. An appointment made to replace a commissioner shall be made by the person holding the same legislative leadership position that made the original appointment. A person appointed to replace a commissioner in the middle of a term must be of the same gender as the commissioner being replaced, but a person appointed to replace a commissioner upon the end of a term shall be of a different gender than the commissioner being replaced. A commissioner who has served a full six-year term is ineligible to be appointed to a second six-year term and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment.
   The bill creates a new Code section providing for the special appointment of district judicial nominating commissioners. The terms of the appointed and elected commissioners of the district judicial nominating commission serving on the effective date of the bill expire at 11:59 p.m. on that date and the terms of the newly appointed commissioners of the district judicial nominating commission shall commence at 12:00 a.m. on the day after the effective date of the bill. In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district, the governor shall appoint one male commissioner with a term expiring on January 31, 2021, one female commissioner with a term expiring on January 31, 2021, one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025. In judicial election districts 1B, 2B, 3B, 5B, 5C, 8B, and the fourth and sixth districts, the governor shall appoint one female commissioner with a term expiring on January 31, 2021, one male commissioner with a term expiring on January 31, 2023, one female commissioner with a term expiring on January 31, 2025, and one male commissioner with a term expiring on January 31, 2025.
   The initial terms of the commissioners appointed by the legislative leaders in judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh district are as follows: the speaker of the house shall appoint one male commissioner with a term expiring on January 31, 2023; the house minority leader shall appoint one female commissioner with a term expiring on January 31, 2023; the senate majority leader shall appoint one female commissioner with a term expiring on January 31, 2025; and the senate minority leader shall appoint one male commissioner with a term expiring on January 31, 2025. The initial terms of the commissioners appointed by legislative leaders in judicial election districts 1B, 2B, 3B, 5B, 8B, and the fourth and sixth districts are as follows: the speaker of the house shall appoint one female commissioner with a term expiring on January 31, 2021; the house minority leader shall appoint one male commissioner with a term expiring on January 31, 2021; the senate majority leader shall appoint one male commissioner with a term expiring on January 31, 2023; and the senate minority leader shall appoint one female commissioner with a term expiring on January 31, 2023.
   After the initial terms are served, commissioners shall be appointed to six-year terms by the governor and legislative leaders as provided by the bill.
   The bill further provides changes to judicial nominating commissioner vacancies. A commissioner shall be deemed to have submitted a resignation if the commissioner fails to attend a meeting of the commission that is properly noticed and at which the commission conducts interviews or selects nominees for judicial office. The appointing authority of said commissioner may accept or reject the resignation and, if accepted, the appointing authority shall notify the commissioner and the chairperson of the commission in writing and shall then make another appointment. Where there is a vacancy in the office of chairperson of a judicial nominating commission, the governor shall appoint a new chairperson, but if not filled by the time of a commission meeting or in the absence of the chairperson, the members of the particular commission shall elect a temporary chairperson. The bill also provides conforming changes to Code section 46.5 in complying with the new appointment procedures by the governor and legislative leaders.
   The bill also provides that the governor shall appoint one of the commissioners appointed by the governor or the legislative leaders on each judicial nominating commission to serve as the chairperson of the particular judicial nominating commission for a two-year term and that if the chairperson desires to be relieved of the duties of chairperson, the chairperson shall notify the governor and the governor shall appoint another commissioner to serve as chairperson for the remainder of the two-year term.
   The bill repeals the following Code sections that relate to nominations made by members of the state bar: Code sections 46.7 (eligibility of state bar member to vote); 46.8 (certified list of members of the bar eligible to vote); 46.9 (conduct of elections); 46.9A (notice of preceding nomination of elective nominating commissioners); and 46.10 (nomination of elective nominating commissioners).
   The bill provides that the governor and the legislative leaders shall promptly certify the names and addresses of appointive judicial nominating commissioners to the state commissioner of elections and the chairperson of the respective nominating commissions. Current law provides such certification is done by the governor and the state court administrator.
   The bill provides that if a chairperson fails to call a meeting of the commission within 10 days after notice of a vacancy, that the governor shall call a meeting whereas current law provides that the chief justice shall call said meeting.
   The bill provides that each judicial nominating commission shall publish on the judicial branch website all of the following: notice that the commission is accepting applications along with a copy of the application form at least two weeks before applications are required to be submitted; copies of nonconfidential application materials submitted by applications; the schedule of applicants’ interviews before the commission; and the list of nominees submitted by the commission to the governor and the chief justice. The bill further provides that commissioners shall be permitted to conduct individual interviews with applicants in advance of the commission’s meetings to choose the nominees.
   The bill modifies the nomination requirements of individual judge vacancies by requiring nominees to be residents of the state whereas current law requires nominees to be residents of the state or the district of the court to which they are nominated. Under the bill, nominees are also not required to file a certified application form with the chairperson of the district judicial nominating commission. The bill further requires that the chairperson of the commission certify the names of the nominees to the governor and chief justice by emailing the certification to the governor and chief justice on the day of nomination.
   The bill amends the number of nominees to be submitted by the state judicial nominating commission to the governor for vacancies in the court of appeals from three to five.
   Current law requires a district judge to be a resident of the judicial election district in which appointed and retained. The bill provides that a district judge must be a resident of the judicial election district in which appointed before assuming office and during the entire term of office.
   The bill provides that for an attorney to be eligible to vote in elections of magistrate appointing commissioners within a county, the attorney must be eligible to practice and must be a resident of the county. Each year, the state court administrator shall certify a list of the names, addresses, and years of admission of members of the bar who are eligible to vote for the magistrate appointing commission.
   The bill repeals Code section 602.11111, which provided for transition provisions for the membership of district judicial nominating commissions for judicial election districts 5A and 5C after the fifth judicial district was split into judicial election districts in 1985.
   Division I of the bill takes effect upon enactment.
   DIVISION II —— ASSOCIATE JUDGE SELECTION. The bill provides that the chief justice may order the state commissioner of elections to delay the sending of a notification to the proper judicial nominating commission that a vacancy in the office of district associate judge, associate juvenile judge, or associate probate judge has occurred or will occur.
   Under the bill, where a chief judge designates by order of substitution that a district associate judge be appointed in lieu of a magistrate judge or where the chief judge designates by order of substitution that three magistrates be appointed in lieu of the appointment of a district associate judge, the order of substitution does not take effect unless a copy of said order is received by the chairperson of the county magistrate appointing commission or commissions and the chairperson of the district judicial nominating commission.
   Current law provides that district associate judges, full-time associate juvenile judges, and full-time associate probate judges are to be appointed by the district judges of the judicial election district from persons nominated by the county magistrate appointing commission. The bill provides that district associate judges, full-time associate juvenile judges, and full-time associate probate judges are appointed by the governor from persons nominated by the district judicial nominating commission in the same manner as district judges under Code chapter 46. The bill further provides that a district associate judge, a full-time associate juvenile judge, or a full-time associate probate judge who seeks to resign from said position shall notify the governor, the chief judge of the judicial district, and the state commissioner of elections. When a vacancy occurs, the state commissioner of elections shall forthwith so notify the chairperson of the proper judicial nominating commission, and the chairperson shall call a meeting of the commission within 10 days after such notice. If the chairperson fails to do so, the governor shall call the meeting.
   Current law provides that a person does not qualify for appointment to the office of district associate judge, full-time associate juvenile judge, or full-time associate probate judge unless the person is at the time of appointment a resident of the judicial election district in which the vacancy exists. The bill strikes this requirement and provides that an applicant for district associate judge, full-time associate juvenile judge, or full-time associate probate judge need not file a certified application form. The bill provides that a district associate judge, a full-time associate juvenile judge, and a full-time associate probate judge must be a resident of the judicial election district in which the office is held before assuming office and during the entire term of office.
   Division II of the bill takes effect upon enactment.
   DIVISION III —— CHIEF JUSTICE SELECTION. Current law provides that the justices of the supreme court shall select one justice as chief justice who is to serve during that justice’s term of office. The bill strikes that provision and provides that at the first meeting in each odd-numbered year, the justices of the supreme court by majority vote shall designate one justice as chief justice, to serve for a two-year term. A vacancy will be filled for the remainder of the unexpired term by a majority vote of the justices of the supreme court, after any vacancy on the court has been filled. If the chief justice desires to be relieved of the duties of chief justice while retaining the status of justice of the supreme court, the chief justice shall notify the governor and the other justices of the supreme court and the office of chief justice shall be deemed vacant and filled as provided. The bill creates a new Code section for the transition period and provides that the term of the chief justice serving on the effective date of the bill will expire on January 15, 2021, or upon the conclusion of the first meeting of the justices of the supreme court in January 2021, whichever occurs earlier. If the office of chief justice becomes vacant prior to expiration of the term in January 2021, the office shall be filled for the remainder of the unexpired term as provided for in Code section 602.4103.