Senate Journal: Page 1491: Tuesday, April 23, 1996

                                    APPENDIX



                             GOVERNORS VETO MESSAGE

                                                              April 23, 1996

    The Honorable Leonard Boswell

    President of the Senate

    State Capitol Building

    L O C A L

    Dear Mr. President:

         Senate File 2385, an act relating to appointment and election of
    state judicial nominating commissioners and providing effective and
    applicability dates and transition provisions, is hereby disapproved and
    transmitted to you in accordance with Article III, Section 16, of the
    Constitution of the State of Iowa.

         Among the most important decisions a Governor makes is the
    appointment of judges to our states 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 the
    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 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 reasons for
    a subsequent change in districting for one purpose to carry with it a
    change for the other purpose.

         A reduction in the number of appointed members reduced the publics
    opportunity to be involved in the selection of judges to serve on the
    states 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 view 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

Iowa General Assembly

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

© 1996 Cornell College and League of Women Voters of Iowa

Comments? sjourn@legis.iowa.gov.

Last update: Wed Apr 24 13:30:11 CDT 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/01400/01491.html
jhf