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House Journal: Page 1916: Wednesday, April 24, 1996

Among the most important decisions a Governor makes is the
appointment of judges to our state's highest Courts. The process
as it exists in Iowa today requires the Governor to select from
recommendations made by the State Judicial Nominating
Commission. Broadbased and balanced representation of the
members serving on tile Commission is critical to assuring that
nominees for the Court of Appeals and the Iowa Supreme Court are
among the most experienced and best qualified persons in the
state for the positions.
Since its creation in 1963, membership of the Commission has
included seven public members appointed by the Governor and
seven lawyer members elected by the Bar. When created, the a
appointment and election of members to the Commission was tied
to the Congressional districts existing at the time. The statute
provided that one member was to be appointed and elected from
each of the seven Congressional districts.
Questions have been raised over time about the continued
appointment and election of' 14 members, as the number of
Congressional districts have been reduced. The Attorney General
addressed the issue in an opinion dated March 9, 1971, stating
that the number and bounds of the Judicial Commission Districts
were established to conform to the then-existing Congressional
districts as a matter of convenience in order to provide
geographic distribution of the membership.  The opinion went on
to conclude that there is no relationship whatever between the
Congress and the Judicial Commission, therefore, "there is no
reason for a subsequent change in distracting for one purpose to
carry with it a change for the other purpose."
A reduction in the number of appointed members reduces the
public's opportunity to be involved in the selection of judges
to serve on the state's highest benches. These are the judges
who make the final decisions concerning disputes considered by
Iowa courts. Public member participation in the selection of
these judges gives Iowans some assurance that their decisions
will fairly reflect the views and philosophies of the people who
appear before them. Reducing the number of public members on the
Commission, even though an equal number of lawyer positions are
eliminated, dilutes, as well as diminishes, the citizen input so
necessary to choosing the best persons to serve in these very
important positions.
A better way to resolve the confusion caused by the current
statute would be to set the number of appointed and elected
members at seven each while eliminating all reference to
Congressional districts. To do so would avoid the need to
shorten the terms of citizens presently serving on the
Commission. Action similar to what I am recommending has
recently been taken with respect to appointments to both the
Corrections Board and Racing and Gaming Commission. This Would
be a much simpler and more permanent solution than that proposed
in Senate File 2385.
For the above reasons, I hereby respectfully disapprove Senate
File 2385.

	Sincerely,
	Terry E. Branstad
	Governor
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Thu Apr 25 13:30:03 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01900/01916.html
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