Senate File 638 H-1321 Amend Senate File 638, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 19, after line 15 by inserting: 3 < DIVISION ___ 4 JUDICIAL NOMINATING COMMISSION MODERNIZATION 5 Sec. ___. Section 46.1, Code 2019, is amended to read as 6 follows: 7 46.1 Appointment of state judicial nominating commissioners. 8 1. The governor shall appoint, subject to confirmation by 9 the senate, one eligible elector of each congressional district 10 nine eligible electors to the state judicial nominating 11 commission for a six-year term beginning and ending as provided 12 in section 69.19 . 13 2. The appointments made by the governor shall be 14 staggered terms of six years each and shall begin and end 15 in even-numbered years as provided in section 69.19. The 16 terms of no more than three nor less than two of the members 17 commissioners shall expire within the same two-year period. 18 3. No more than a simple majority of the members 19 commissioners appointed by the governor shall be of the same 20 gender. 21 4. All commissioners shall be chosen without reference to 22 political affiliation. 23 5. There shall be at least one commissioner appointed by 24 the governor from each congressional district and there shall 25 not be more than two commissioners appointed by the governor 26 from a single congressional district unless each congressional 27 district has at least two commissioners appointed by the 28 governor. 29 6. A commissioner who has served a full six-year term on the 30 state judicial nominating commission, whether the commissioner 31 was appointed or elected, shall be ineligible to be appointed 32 to a second six-year term. 33 7. No person may be appointed who holds an office of 34 profit of the United States or of the state at the time of 35 -1- SF638.2503 (4) 88 mo/jh 1/ 12 #1.

appointment. 1 Sec. ___. Section 46.2, Code 2019, is amended by striking 2 the section and inserting in lieu thereof the following: 3 46.2 Election of state judicial nominating commissioners. 4 1. The resident members of the bar of each congressional 5 district shall elect two eligible electors of different genders 6 to the state judicial nominating commission. 7 2. The commissioners elected by the bar shall serve 8 staggered terms of six years each and shall be elected in the 9 month of January for terms commencing July 1 of odd-numbered 10 years. The terms of no more than three of the commissioners 11 shall expire within the same two-year period. 12 3. All of the commissioners elected by the bar shall be 13 chosen without reference to political affiliation. 14 4. A commissioner who has served a full six-year term on the 15 state judicial nominating commission, whether the commissioner 16 was appointed or elected, shall be ineligible to be elected to 17 a second six-year term. 18 5. No person may be elected who holds an office of profit of 19 the United States or of the state at the time of election. 20 Sec. ___. Section 46.2A, Code 2019, is amended by striking 21 the section and inserting in lieu thereof the following: 22 46.2A Special appointment of state judicial nominating 23 commissioners and transition provisions. 24 1. The initial term of the ninth commissioner appointed by 25 the governor shall begin on the effective date of this division 26 of this Act and shall expire on April 30, 2024. 27 2. After the initial term is served pursuant to subsection 28 1, a new commissioner shall be appointed by the governor to a 29 six-year term as provided in section 46.1. 30 3. The terms of any commissioner currently serving on 31 the state judicial nominating commission or any commissioner 32 already elected to begin serving on July 1, 2019, shall not be 33 affected by this Act. 34 Sec. ___. Section 46.5, Code 2019, is amended to read as 35 -2- SF638.2503 (4) 88 mo/jh 2/ 12

follows: 1 46.5 Vacancies. 2 1. When a vacancy occurs in the office of an appointive 3 judicial nominating commissioner, the chairperson of the 4 particular commission shall promptly notify the governor in 5 writing of such fact or the governor may take note of such a 6 vacancy . Vacancies in the office of an appointive judicial 7 nominating commissioner shall be filled by appointment by the 8 governor, consistent with eligibility requirements. The term 9 of state judicial nominating commissioners so appointed shall 10 commence upon their appointment pending confirmation by the 11 senate at the then session of the general assembly or at its 12 next session if it is not then in session. The term of district 13 judicial nominating commissioners so appointed shall commence 14 upon their appointment. 15 2. Except where the term has less than ninety days 16 remaining, vacancies in the office of elective member of the 17 state judicial nominating commission shall be filled consistent 18 with eligibility requirements by a special election within the 19 congressional district where the vacancy occurs, such election 20 to be conducted as provided in sections 46.9 and 46.10 . An 21 appointive commissioner shall be deemed to have submitted a 22 resignation if the commissioner fails to attend a meeting of 23 the commission that is properly noticed under section 46.13 24 and at which the commission conducts interviews or selects 25 nominees for judicial office. The governor, in the governor’s 26 discretion, may accept or reject the resignation. If the 27 governor accepts the resignation, the governor shall notify the 28 commissioner and the chairperson of the commission in writing 29 and shall then make another appointment. 30 3. Vacancies in the office of elective judicial nominating 31 commissioner of district judicial nominating commissions shall 32 be filled consistent with eligibility requirements and by 33 majority vote of the authorized number of elective members of 34 the particular commission, at a meeting of such members called 35 -3- SF638.2503 (4) 88 mo/jh 3/ 12

in the manner provided in section 46.13 . The term of judicial 1 nominating commissioners so chosen shall commence upon their 2 selection by a special election within the judicial election 3 district or congressional district where the vacancy occurs 4 unless the term has less than ninety days remaining, in which 5 case the office shall remain vacant. The special election 6 shall be completed within ninety days of the vacancy arising 7 and shall be conducted as provided in sections 46.9, 46.9A, and 8 46.10 . 9 4. If a vacancy occurs in the office of chairperson of a the 10 state judicial nominating commission, or in the members of the 11 commission shall elect a new chairperson as provided in section 12 46.6. If a vacancy occurs in the office of chairperson of a 13 district judicial nominating commission or in the absence of 14 the chairperson, the members of the particular commission shall 15 elect a temporary chairperson from their own number. 16 5. When a vacancy in an office of an elective judicial 17 nominating commissioner occurs, the state court administrator 18 shall cause to be mailed to each member of the bar whose name 19 appears on the certified list prepared pursuant to section 46.8 20 for the district or districts affected, a notice stating the 21 existence of the vacancy, the requirements for eligibility, 22 and the manner in which the vacancy will be filled. Other 23 items may be included in the same mailing if they are on sheets 24 separate from the notice. The election of a district judicial 25 nominating commissioner or the close of nominations for a state 26 judicial nominating commissioner shall not occur until thirty 27 days after the mailing of the notice. Notwithstanding section 28 69.1A, appointed and elected commissioners on the state and 29 district judicial nominating commissions shall not hold over 30 until their successor is elected and qualified. 31 6. All judicial nominating commissioners, including 32 those elected by the bar, shall be subject to removal by 33 the executive council in the same manner as appointive state 34 officers under section 66.26. When the status of a judicial 35 -4- SF638.2503 (4) 88 mo/jh 4/ 12

nominating commissioner is in question, the governor shall be 1 the officer responsible for deciding whether a vacancy exists 2 under section 69.2. 3 Sec. ___. Section 46.6, Code 2019, is amended to read as 4 follows: 5 46.6 Equal seniority Chairperson . 6 If the judges of longest service, other than the chief 7 justice, of the supreme court or of the district court in 8 a district are of equal service, the eldest of such judges 9 shall be chairperson of the particular judicial nominating 10 commission. 11 1. The commissioners of the state judicial nominating 12 commission shall elect a chairperson from their own number. 13 The chairperson shall serve a two-year term that expires 14 on April 30 of even-numbered years. A commissioner may be 15 reelected for a second or third term as chairperson. If a 16 chairperson of a judicial nominating commission desires to 17 be relieved of the duties of chairperson while retaining the 18 status of commissioner, the chairperson shall notify the 19 governor and the other commissioners of the commission. At the 20 next meeting of the commission, the commissioners shall elect a 21 new chairperson for the remainder of the two-year term. 22 2. The judge of longest service in the district shall serve 23 as the chair of a particular district judicial nominating 24 commission. If the judges of longest service in the district 25 are of equal service, the eldest of such judges shall be 26 chairperson of the particular judicial nominating commission. 27 Sec. ___. Section 46.7, Code 2019, is amended to read as 28 follows: 29 46.7 Eligibility to vote. 30 To be eligible to vote in elections of judicial nominating 31 commissioners, a member of the bar must be eligible to 32 practice and must be a resident of the state of Iowa and of 33 the appropriate congressional district or judicial election 34 district as shown by the member’s most recent filing with the 35 -5- SF638.2503 (4) 88 mo/jh 5/ 12

supreme court for the purposes of showing compliance with 1 the court’s continuing legal education requirements, or for 2 members of the bar eligible to practice who are not required 3 to file such compliance, any paper on file by July 1 with the 4 state court administrator, for the purpose of establishing 5 eligibility to vote under this section , which the court 6 determines to show the requisite residency requirements at the 7 time the member votes in the election . The member’s residency 8 shall be determined by the home address shown on the member’s 9 most recent electronic or paper submission to the commission 10 on continuing education and the client security commission or 11 on the member’s bar admission records. A judge who has been 12 admitted to the bar of the state of Iowa shall be considered a 13 member of the bar. 14 Sec. ___. Section 46.8, Code 2019, is amended to read as 15 follows: 16 46.8 Certified list. 17 1. Each year the The state court administrator shall certify 18 a maintain a certified list of the names, addresses, electronic 19 mail addresses, and years of admission of members of the bar 20 who are eligible to vote for state and district judicial 21 nominating commissioners. 22 2. Upon request, the state court administrator shall 23 provide the certified list in electronic form and without 24 charge to any properly qualified nominee for state or district 25 judicial nominating commissioner. 26 Sec. ___. Section 46.9, Code 2019, is amended to read as 27 follows: 28 46.9 Conduct of elections. 29 1. When an election of judicial nominating commissioners 30 is to be held, the state court administrator shall administer 31 the voting. The state court administrator may administer 32 the voting by electronic notification and voting or by paper 33 ballot mailed to each eligible attorney. The state court 34 administrator shall mail paper ballots to eligible attorneys or 35 -6- SF638.2503 (4) 88 mo/jh 6/ 12

electronically notify and enable eligible attorneys to vote. 1 The elector receiving the most votes shall be elected. When 2 more than one commissioner is to be elected, the electors 3 receiving the most votes shall be elected, in the same number 4 as the offices to be filled. 5 2. The state court administrator shall provide a voting 6 period of at least twenty-one days from when the electronic 7 voting notification is sent or the paper ballots are mailed 8 during which eligible attorneys may vote electronically or 9 submit a paper ballot. 10 3. In an election to elect a single commissioner, each 11 eligible attorney may cast a single vote, and the qualified 12 eligible elector receiving the most votes shall be elected. 13 4. In an election to elect one male commissioner and one 14 female commissioner, each eligible attorney may cast one vote 15 for male commissioner and one vote for female commissioner, and 16 the qualified eligible elector of each gender receiving the 17 most votes shall each be elected. 18 5. The election results, including the number of votes cast 19 for each elector and the total number of the members of the 20 bar eligible to vote in each election, shall be made publicly 21 available on the judicial branch internet site and shall be 22 reported to the governor and to the general assembly within ten 23 days after the conclusion of the election. 24 Sec. ___. Section 46.9A, Code 2019, is amended to read as 25 follows: 26 46.9A Notice preceding nomination of elective nominating 27 commissioners. 28 At least sixty days prior to the expiration of the term of an 29 elective state or district judicial nominating commissioner or 30 the expiration of the period within which a special election 31 must be held , the state court administrator shall mail paper 32 ballots to eligible attorneys or electronically notify and 33 enable eligible attorneys to vote. An eligible attorney is 34 a member of the bar whose name appears on the certified list 35 -7- SF638.2503 (4) 88 mo/jh 7/ 12

prepared pursuant to section 46.8 for the district or districts 1 affected provide notice of the current or upcoming vacancy 2 and the nomination and election process by making the notice 3 publicly available on the judicial branch internet site, 4 issuing a press release, and electronically notifying members 5 of the bar. The election shall not commence until at least 6 thirty days after the issuance of the notice required by this 7 section . 8 Sec. ___. Section 46.10, Code 2019, is amended to read as 9 follows: 10 46.10 Nomination of elective judicial nominating 11 commissioners. 12 1. In order to have an eligible elector’s name printed 13 on the ballot for state or district judicial nominating 14 commissioner, the eligible elector must file in the office of 15 the state court administrator at least thirty days prior to 16 expiration of the period within which the election must be 17 held a nominating petition signed by at least fifty resident 18 members of the bar ten eligible electors of the congressional 19 district in case of a candidate for state judicial nominating 20 commissioner, or at least ten resident members of the bar 21 eligible electors of the judicial district in case of a 22 candidate for district judicial nominating commissioner. No 23 member of the bar may sign more nominating petitions for state 24 or district judicial nominating commissioner than there are 25 such commissioners to be elected. 26 2. Ballots or electronic voting forms for state and district 27 judicial nominating commissioners shall contain blank lines 28 equal to the number of such commissioners to be elected, where 29 names may be written in. Any electronic voting form must 30 permit a voter to write in the name of any eligible elector. 31 Sec. ___. Section 46.11, Code 2019, is amended to read as 32 follows: 33 46.11 Certification of commissioners. 34 The Upon making an appointment, the governor and the state 35 -8- SF638.2503 (4) 88 mo/jh 8/ 12

court administrator respectively shall promptly certify 1 the names and addresses of appointive and elective judicial 2 nominating commissioners to the state commissioner of 3 elections and the chairperson of the respective nominating 4 commissions . Upon the completion of an election, the state 5 court administrator shall certify the names and addresses of 6 the elected judicial nominating commissioners to the state 7 commissioner of elections and the governor. 8 Sec. ___. Section 46.12, subsection 1, Code 2019, is amended 9 to read as follows: 10 1. When a vacancy occurs or will occur within one hundred 11 twenty days in the supreme court, the court of appeals, or 12 district court, the state commissioner of elections shall 13 forthwith so notify the chairperson of the proper judicial 14 nominating commission governor . The chairperson governor shall 15 call a meeting of the proper judicial nominating commission 16 within ten days after such notice; if the chairperson governor 17 fails to do so, the chief justice shall call such meeting. 18 Sec. ___. Section 46.13, Code 2019, is amended to read as 19 follows: 20 46.13 Notice of meetings and application process . 21 1. The governor or chairperson of each judicial nominating 22 commission shall give the members of the commission at least 23 five days’ written notice by mail or electronic mail of the 24 time and place of every meeting, except as to members who 25 execute written waivers of notice at or before the meeting or 26 unless the commission at its next previous meeting designated 27 the time and place of the meeting. 28 2. Each commission, with the technical support of the 29 judicial branch, shall publish all of the following on the 30 judicial branch internet site: 31 a. Notice that the commission is accepting applications 32 for judge or justice along with a copy of the application form 33 at least two weeks before applications are required to be 34 submitted to the commission. 35 -9- SF638.2503 (4) 88 mo/jh 9/ 12

b. Copies of nonconfidential application materials submitted 1 by applicants. 2 c. The schedule of applicant interviews before the 3 commission. 4 d. The list of nominees submitted by the commission to the 5 governor and the chief justice. 6 3. Commissioners shall be permitted to conduct individual 7 interviews with applicants in advance of the commission’s 8 meetings to choose the nominees. 9 4. The state judicial nominating commission shall adopt 10 uniform rules for the state and district judicial nominating 11 commissions that shall be consistent with this chapter 12 and shall provide for a uniform and fair process for the 13 commissions to consider applicants and select nominees. The 14 state judicial nominating commission shall provide for a public 15 comment period of at least thirty days on its proposed uniform 16 rules prior to adopting the rules and shall adopt the rules 17 within six months of the effective date of this division of 18 this Act. Such rules shall be made publicly available on the 19 judicial branch internet site. 20 Sec. ___. NEW SECTION . 46.15A Severability and judicial 21 review. 22 1. If any provision or clause of this chapter or any 23 application of this chapter to any person or circumstances 24 is held invalid, such invalidity shall not affect other 25 provisions, clauses, or applications of this chapter which can 26 be given effect without the invalid provision or application, 27 and to this end the provisions and clauses of this chapter are 28 declared to be severable. 29 2. Notwithstanding any provision of law to the contrary, 30 if any provision of this chapter is preliminarily enjoined, 31 no judicial nominating commission shall meet to nominate 32 persons to serve as a judge or justice while the preliminary 33 injunction is in effect or while any appeal of the preliminary 34 injunction or a related permanent injunction is pending unless 35 -10- SF638.2503 (4) 88 mo/jh 10/ 12

the injunction is subsequently stayed or otherwise lifted. 1 Sec. ___. EFFECTIVE UPON ENACTMENT. This division of this 2 Act, being deemed of immediate importance, takes effect upon 3 enactment. 4 DIVISION ___ 5 CHIEF JUSTICE SELECTION 6 Sec. ___. Section 602.4103, Code 2019, is amended to read 7 as follows: 8 602.4103 Chief justice. 9 The justices of the supreme court shall select one justice as 10 chief justice, to serve during that justice’s term of office. 11 1. At the first meeting in each odd-numbered year, the 12 justices of the supreme court by majority vote shall designate 13 one justice as chief justice, to serve for a two-year term. 14 A vacancy in the office of chief justice shall be filled for 15 the remainder of the unexpired term by majority vote of the 16 justices of the supreme court, after any vacancy on the court 17 has been filled. 18 2. If the chief justice desires to be relieved of the duties 19 of chief justice while retaining the status of justice of the 20 supreme court, the chief justice shall notify the governor and 21 the other justices of the supreme court. The office of chief 22 justice shall be deemed vacant, and shall be filled as provided 23 in this section. 24 3. The chief justice is eligible for reselection. 25 4. The chief justice shall appoint one of the other justices 26 to act during the absence or inability of the chief justice 27 to act, and when so acting the appointee has all the rights, 28 duties, and powers of the chief justice. 29 Sec. ___. NEW SECTION . 602.4103A Transition provisions. 30 1. The term of the chief justice serving on the effective 31 date of this division of this Act shall expire on January 32 15, 2021, or upon the conclusion of the first meeting of the 33 justices of the supreme court in January 2021, whichever occurs 34 earlier. 35 -11- SF638.2503 (4) 88 mo/jh 11/ 12