SF 237 (LSB 1707SV (3) 88)

SENATE FILE 237

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1101)

(As Amended and Passed by the Senate 2019-03-12)

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.  NEW SECTION.  46.1A  Appointment of state judicial nominating commissioner by supreme court.
   1.  The supreme court, by majority vote, shall appoint one eligible elector to the state judicial nominating commission.
   2.  The appointment made by the supreme court shall be for a term of six years and shall be made in the month of January for a term commencing February 1.
   3.  The commissioner shall be chosen without reference to political affiliation.
   4.  The supreme court shall give due consideration to area representation on the commission when making an appointment.
   5.  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.
   6.  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.
   7.  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 46.2, 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. 4.  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 supreme court shall appoint one commissioner of any gender with an initial term expiring on January 31, 2021.
   5. 6.  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.  After the initial term is served pursuant to this section, the appointed members new 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, by the supreme court as provided in section 46.1A, and by the legislative leaders as provided in section 46.2.
   8.  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, any scheduled meeting of the commission shall be postponed until the newly appointed commission holds its first organizational meeting properly noticed under section 46.13. 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. 5.  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 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 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. 6.  NEW SECTION.  46.3A  Appointment of district judicial nominating commissioner by supreme court.
   1.  The supreme court, by majority vote, shall appoint one eligible elector of each judicial election district to the district judicial nominating commission.
   2.  The appointments made by the supreme court shall be for terms of six years and shall be made in the month of January for terms commencing February 1 of odd-numbered years.
   3.  The commissioners shall be chosen without reference to political affiliation.
   4.  The supreme court shall give due consideration to area representation on the commission when making an appointment.
   5.  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.
   6.  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.
   7.  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. 7.  Section 46.4, Code 2019, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  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 elected to a second six-year term.
   NEW SUBSECTION.  4.  No person may be elected who holds an office of profit of the United States or of the state at the time of appointment.
    Sec. 8.  NEW SECTION.  46.4A  Special appointment of district judicial nominating commissioners.
   1.  The initial term of the commissioners appointed by the supreme court shall be as follows:
   a.  In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district, the supreme court shall appoint one male commissioner with a term expiring on January 31, 2021.
   b.  In judicial election district 1B, 2B, 3B, 5B, 8B, and the fourth and sixth judicial districts, the supreme court shall appoint one female commissioner with a term expiring on January 31, 2025.
   2.  After the initial term is served pursuant to subsection 1, new commissioners shall be appointed to six-year terms by the supreme court as provided in section 46.3A.
   3.  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, any scheduled meeting of the commission shall be postponed until any new commissioner is appointed pursuant to this section and the commission holds a new organizational meeting properly noticed under section 46.13. The commission may choose to continue with its currently scheduled nomination process, 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. 9.  Section 46.5, Code 2019, is amended to read as follows:
   46.5  Vacancies.
   1.  When a vacancy occurs in the office of an appointive 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 an appointive judicial nominating commissioner shall be filled by appointment by the governor same appointing authority that appointed the previous commissioner where the vacancy occurred, 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.  An appointive 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 district 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 by a special election within the judicial election district where the vacancy occurs unless the term has less than ninety days remaining, in which case the office shall remain vacant. The special election shall be completed within ninety days of the vacancy arising and shall be conducted as provided in sections 46.9, 46.9A, and 46.10.
   4.  If a vacancy occurs in the office of chairperson of a judicial nominating commission, or in the members of the particular commission shall elect a new chairperson as provided in section 46.6. 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.  Notwithstanding section 69.1A, appointed and elected commissioners on the state and district judicial nominating commissions shall not hold over until their successor is elected and qualified.
    Sec. 10.  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 commissioners of a particular judicial nominating commission shall elect a chairperson from their own number. The chairperson shall serve a two-year term that expires on January 31 of odd-numbered years. A commissioner may be reelected for a second or third 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 other commissioners of the commission. At the next meeting of the commission, the commissioners shall elect a new chairperson for the remainder of the two-year term.
    Sec. 11.  Section 46.7, Code 2019, is amended to read as follows:
   46.7  Eligibility to vote.
   To be eligible to vote in elections of district judicial nominating commissioners, a member of the bar must be eligible to practice and must be a resident of the state of Iowa and of the appropriate congressional district or judicial election district as shown by the member’s most recent filing with the supreme court for the purposes of showing compliance with the court’s continuing legal education requirements, or for members of the bar 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 at the time the member votes in the election.  The member’s residency shall be determined by the home address shown on the member’s most recent electronic or paper submission to the commission on continuing education and the client security commission or on the member’s bar admission records. A judge who has been admitted to the bar of the state of Iowa shall be considered a member of the bar.
    Sec. 12.  Section 46.8, Code 2019, is amended to read as follows:
   46.8  Certified list.
   Each year the The state court administrator shall certify a maintain a certified list of the names, addresses, and years of admission of members of the bar who are eligible to vote for state and district judicial nominating commissioners.
    Sec. 13.  Section 46.9, Code 2019, is amended to read as follows:
   46.9  Conduct of elections.
   When an election of judicial nominating commissioners is to be held, the state court administrator shall administer the voting. The state court administrator may administer the voting by electronic notification and voting or by paper ballot mailed to each eligible attorney. The state court administrator shall mail paper ballots to eligible attorneys or electronically notify and enable eligible attorneys to vote. The elector receiving the most votes shall be elected. When more than one commissioner is to be elected, the electors receiving the most votes shall be elected, in the same number as the offices to be filled.  The election results, including the number of votes cast for each elector and the total number of members of the bar eligible to vote in each election, shall be made publicly available on the judicial branch internet site and shall be reported to the governor and to the general assembly within ten days after the conclusion of the election.
    Sec. 14.  Section 46.9A, Code 2019, is amended to read as follows:
   46.9A  Notice preceding nomination of elective district judicial nominating commissioners.
   At least sixty days prior to the expiration of the term of an elective state or district judicial nominating commissioner or the expiration of the period within which a special election must be held, the state court administrator shall mail paper ballots to eligible attorneys or electronically notify and enable eligible attorneys to vote. An eligible attorney is a member of the bar whose name appears on the certified list prepared pursuant to section 46.8 for the district or districts affected provide notice of the current or upcoming vacancy and the nomination and election process by making the notice publicly available on the judicial branch internet site, issuing a press release, and electronically notifying members of the bar. The election shall not commence until at least thirty days after the issuance of the notice required by this section.
    Sec. 15.  Section 46.10, Code 2019, is amended to read as follows:
   46.10  Nomination of elective district judicial nominating commissioners.
   1.  In order to have an eligible elector’s name printed on the ballot for state or district judicial nominating commissioner, the eligible elector must file in the office of the state court administrator at least thirty days prior to expiration of the period within which the election must be held a nominating petition signed by at least fifty resident members of the bar of the congressional district in case of a candidate for state judicial nominating commissioner, or at least ten resident members of the bar eligible electors of the judicial district in case of a candidate for district judicial nominating commissioner. No member of the bar may sign more nominating petitions for state or district judicial nominating commissioner than there are such commissioners to be elected.
   2.  Ballots or electronic voting forms for state and district judicial nominating commissioners shall contain blank lines equal to the number of such commissioners to be elected, where names may be written in.  Any electronic voting form must permit a voter to write in the name of any eligible elector.
    Sec. 16.  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, the supreme court, 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 governor.  Upon the completion of an election, the state court administrator shall certify the names and addresses of the elected judicial nominating commissioners to the state commissioner of elections and the governor.
    Sec. 17.  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 governor. The chairperson governor shall call a meeting of the proper judicial nominating commission within ten days after such notice; if the chairperson governor fails to do so, the chief justice shall call such meeting.
    Sec. 18.  Section 46.13, Code 2019, is amended to read as follows:
   46.13  Notice of meetings and application process.
   1.  The governor or 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.
   4.  The state judicial nominating commission shall adopt uniform rules for the state and district judicial nominating commissions that shall be consistent with this chapter and shall provide for a uniform and fair process for the commissions to consider applicants and select nominees. The state judicial nominating commission shall provide for a public comment period of at least thirty days on its proposed uniform rules prior to adopting the rules and shall adopt the rules within six months of the effective date of this Act. Such rules shall be made publicly available on the judicial branch internet site.
    Sec. 19.  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. Nominees to the district court must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated. 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. 20.  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. 21.  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. 22.  NEW SECTION.  46.15A  Severability and judicial review.
   1.  If any provision or clause of this chapter or any application of this chapter to any person or circumstances is held invalid, such invalidity shall not affect other provisions, clauses, or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions and clauses of this chapter are declared to be severable.
   2.  Notwithstanding any provision of law to the contrary, if section 46.2A, subsection 2, as amended by this Act, is held invalid, the appointed and elected commissioners currently serving six-year terms on the state judicial nominating commission on the effective date of this Act shall continue to serve until the expiration of their six-year terms, in addition to the new members appointed pursuant to section 46.2A, as amended by this Act. Upon the expiration of the currently serving commissioners or upon their office becoming vacant prior to the expiration of their terms, the offices shall not be filled.
   3.  Notwithstanding any provision of law to the contrary, if any provision of this chapter is preliminarily enjoined, no judicial nominating commission shall meet to nominate persons to serve as a judge or justice while the preliminary injunction is in effect or while any appeal of the preliminary injunction or a related permanent injunction is pending unless the injunction is subsequently stayed or otherwise lifted.
    Sec. 23.  REPEAL.  Section 602.11111, Code 2019, is repealed.
    Sec. 24.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION II
ASSOCIATE JUDGE SELECTION

    Sec. 25.  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 governor 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. 26.  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 governor 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. 27.  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 governor 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. 28.  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 governor. The governor shall call a meeting of the commission within ten days after such notice. If the governor fails to do so, the chief justice shall call such meeting.
    Sec. 29.  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. Nominees to the office of district associate judge must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated.
   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. 30.  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. 31.  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 governor. The governor shall call a meeting of the commission within ten days after such notice. If the governor fails to do so, the chief justice shall call such meeting.
    Sec. 32.  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. Nominees to the office of full-time associate juvenile judge must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated.
   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. 33.  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 governor. The governor shall call a meeting of the commission within ten days after such notice. If the governor fails to do so, the chief justice shall call such meeting.
    Sec. 34.  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. Nominees to the office of full-time associate probate judge must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated.
   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. 35.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.
DIVISION III
CHIEF JUSTICE SELECTION

    Sec. 36.  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. 37.  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.