Senate File 237 S-3020 Amend Senate File 237 as follows: 1 1. Page 2, after line 1 by inserting: 2 < Sec. ___. NEW SECTION . 46.1A Appointment of state judicial 3 nominating commissioner by supreme court. 4 1. The supreme court, by majority vote, shall appoint one 5 eligible elector to the state judicial nominating commission. 6 2. The appointment made by the supreme court shall be for a 7 term of six years and shall be made in the month of January for 8 a term commencing February 1. 9 3. The commissioner shall be chosen without reference to 10 political affiliation. 11 4. The supreme court shall give due consideration to area 12 representation on the commission when making an appointment. 13 5. A person appointed to replace a commissioner in the 14 middle of a term must be of the same gender as the commissioner 15 being replaced. A person appointed to replace a commissioner 16 upon the end of a term shall be of a different gender than the 17 commissioner being replaced. 18 6. A commissioner who has served a full six-year term on the 19 state judicial nominating commission, whether the commissioner 20 was appointed or elected, shall be ineligible to be appointed 21 to a second six-year term. 22 7. No person may be appointed who holds an office of 23 profit of the United States or of the state at the time of 24 appointment. > 25 2. Page 4, after line 10, by inserting: 26 < 5. The supreme court shall appoint one commissioner of any 27 gender with an initial term expiring on January 31, 2021. > 28 3. Page 4, line 11, by striking < 5. > and inserting < 5. 6. > 29 4. Page 5, line 6, by striking < 7. 6. > and inserting < 7. > 30 5. Page 5, line 7, after < members > by inserting < new > 31 6. Page 5, line 9, after < terms > by inserting < , by the 32 supreme court as provided in section 46.1A, > 33 7. Page 5, line 11, by striking < 7. > and inserting < 8. > 34 8. Page 5, by striking line 13 and inserting < the governor 35 -1- SF237.368 (3) 88 mo/jh 1/ 12 #1. #2. #3. #4. #5. #6. #7.

prior to the effective date of this Act, any scheduled meeting 1 of the commission shall be postponed until the newly appointed 2 commission holds its first organizational meeting properly 3 noticed under section 46.13. The > 4 9. Page 5, line 24, by striking < five four > and inserting 5 < five > 6 10. Page 5, line 31, by striking < a simple majority half > 7 and inserting < a simple majority > 8 11. Page 6, line 4, by striking < or elected > and inserting 9 < or elected > 10 12. By striking page 6, line 12, through page 7, line 13, 11 and inserting: 12 < Sec. ___. NEW SECTION . 46.3A Appointment of district 13 judicial nominating commissioner by supreme court. 14 1. The supreme court, by majority vote, shall appoint one 15 eligible elector of each judicial election district to the 16 district judicial nominating commission. 17 2. The appointments made by the supreme court shall be for 18 terms of six years and shall be made in the month of January for 19 terms commencing February 1 of odd-numbered years. 20 3. The commissioners shall be chosen without reference to 21 political affiliation. 22 4. The supreme court shall give due consideration to area 23 representation on the commission when making an appointment. 24 5. A person appointed to replace a commissioner in the 25 middle of a term must be of the same gender as the commissioner 26 being replaced. A person appointed to replace a commissioner 27 upon the end of a term shall be of a different gender than the 28 commissioner being replaced. 29 6. A commissioner who has served a full six-year term 30 on the district judicial nominating commission, whether the 31 commissioner was appointed or elected, shall be ineligible to 32 be appointed 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 -2- SF237.368 (3) 88 mo/jh 2/ 12 #9. #10. #11. #12.

appointment. 1 Sec. ___. Section 46.4, Code 2019, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 3. A commissioner who has served a full 4 six-year term on the district judicial nominating commission, 5 whether the commissioner was appointed or elected, shall be 6 ineligible to be elected to a second six-year term. 7 NEW SUBSECTION . 4. No person may be elected who holds an 8 office of profit of the United States or of the state at the 9 time of appointment. > 10 13. By striking page 7, line 16, through page 9, line 11, 11 and inserting: 12 < 1. The initial term of the commissioners appointed by the 13 supreme court shall be as follows: 14 a. In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, 15 and the seventh judicial district, the supreme court shall 16 appoint one male commissioner with a term expiring on January 17 31, 2021. 18 b. In judicial election district 1B, 2B, 3B, 5B, 8B, and the 19 fourth and sixth judicial districts, the supreme court shall 20 appoint one female commissioner with a term expiring on January 21 31, 2025. 22 2. After the initial term is served pursuant to subsection 23 1, new commissioners shall be appointed to six-year terms by 24 the supreme court as provided in section 46.3A. 25 3. If a district judicial nominating commission has 26 received notice of a vacancy and has not yet submitted nominees 27 to the governor prior to the effective date of this Act, any 28 scheduled meeting of the commission shall be postponed until 29 any new commissioner is appointed pursuant to this section and 30 the commission holds a new organizational meeting properly 31 noticed under section 46.13. The commission may choose to 32 continue with its currently scheduled nomination process, 33 extend its nomination process, or conduct a new nomination 34 process. In any such pending vacancy, notwithstanding section 35 -3- SF237.368 (3) 88 mo/jh 3/ 12 #13.

46.14, subsection 1, the commission must certify to the 1 governor and the chief justice the proper number of nominees 2 within sixty days of the effective date of this Act. > 3 14. By striking page 9, line 15, through page 11, line 3, 4 and inserting: 5 < 1. When a vacancy occurs in the office of an appointive 6 judicial nominating commissioner, the chairperson of 7 the particular commission or the governor shall promptly 8 notify the governor appointing authority in writing of such 9 fact. Vacancies in the office of an appointive judicial 10 nominating commissioner shall be filled by appointment by 11 the governor same appointing authority that appointed the 12 previous commissioner where the vacancy occurred , consistent 13 with eligibility requirements. The term of state judicial 14 nominating commissioners so appointed shall commence upon 15 their appointment pending confirmation by the senate at the 16 then session of the general assembly or at its next session 17 if it is not then in session. The term of district judicial 18 nominating commissioners so appointed shall commence upon their 19 appointment. 20 2. Except where the term has less than ninety days 21 remaining, vacancies in the office of elective member of the 22 state judicial nominating commission shall be filled consistent 23 with eligibility requirements by a special election within the 24 congressional district where the vacancy occurs, such election 25 to be conducted as provided in sections 46.9 and 46.10 . An 26 appointive commissioner shall be deemed to have submitted a 27 resignation if the commissioner fails to attend a meeting of 28 the commission that is properly noticed under section 46.13 29 and at which the commission conducts interviews or selects 30 nominees for judicial office. The appointing authority of 31 the commissioner in the appointing authority’s discretion may 32 accept or reject the resignation. If the appointing authority 33 accepts the resignation, the appointing authority shall notify 34 the commissioner and the chairperson of the commission in 35 -4- SF237.368 (3) 88 mo/jh 4/ 12 #14.

writing and shall then make another appointment. 1 3. Vacancies in the office of elective district judicial 2 nominating commissioner of district judicial nominating 3 commissions shall be filled consistent with eligibility 4 requirements and by majority vote of the authorized number of 5 elective members of the particular commission, at a meeting of 6 such members called in the manner provided in section 46.13 . 7 The term of judicial nominating commissioners so chosen shall 8 commence upon their selection by a special election within the 9 judicial election district where the vacancy occurs unless the 10 term has less than ninety days remaining, in which case the 11 office shall remain vacant. The special election shall be 12 completed within ninety days of the vacancy arising and shall 13 be conducted as provided in sections 46.9, 46.9A, and 46.10 . 14 4. If a vacancy occurs in the office of chairperson of 15 a judicial nominating commission, or in the members of the 16 particular commission shall elect a new chairperson as provided 17 in section 46.6. In the absence of the chairperson, the 18 members of the particular commission shall elect a temporary 19 chairperson from their own number. 20 5. When a vacancy in an office of an elective judicial 21 nominating commissioner occurs, the state court administrator 22 shall cause to be mailed to each member of the bar whose name 23 appears on the certified list prepared pursuant to section 46.8 24 for the district or districts affected, a notice stating the 25 existence of the vacancy, the requirements for eligibility, 26 and the manner in which the vacancy will be filled. Other 27 items may be included in the same mailing if they are on sheets 28 separate from the notice. The election of a district judicial 29 nominating commissioner or the close of nominations for a state 30 judicial nominating commissioner shall not occur until thirty 31 days after the mailing of the notice. Notwithstanding section 32 69.1A, appointed and elected commissioners on the state and 33 district judicial nominating commissions shall not hold over 34 until their successor is elected and qualified. > 35 -5- SF237.368 (3) 88 mo/jh 5/ 12

15. Page 11, by striking lines 11 through 20 and inserting 1 < nominating commission. The commissioners of a particular 2 judicial nominating commission shall elect a chairperson from 3 their own number. The chairperson shall serve a two-year 4 term that expires on January 31 of odd-numbered years. A 5 commissioner may be reelected for a second or third term 6 as chairperson. If a chairperson of a judicial nominating 7 commission desires to be relieved of the duties of chairperson 8 while retaining the status of commissioner, the chairperson 9 shall notify the governor and the other commissioners of 10 the commission. At the next meeting of the commission, the 11 commissioners shall elect a new chairperson for the remainder 12 of the two-year term. 13 Sec. ___. Section 46.7, Code 2019, is amended to read as 14 follows: 15 46.7 Eligibility to vote. 16 To be eligible to vote in elections of district judicial 17 nominating commissioners, a member of the bar must be eligible 18 to practice and must be a resident of the state of Iowa and of 19 the appropriate congressional district or judicial election 20 district as shown by the member’s most recent filing with the 21 supreme court for the purposes of showing compliance with 22 the court’s continuing legal education requirements, or for 23 members of the bar eligible to practice who are not required 24 to file such compliance, any paper on file by July 1 with the 25 state court administrator, for the purpose of establishing 26 eligibility to vote under this section , which the court 27 determines to show the requisite residency requirements at the 28 time the member votes in the election . The member’s residency 29 shall be determined by the home address shown on the member’s 30 most recent electronic or paper submission to the commission 31 on continuing education and the client security commission or 32 on the member’s bar admission records. A judge who has been 33 admitted to the bar of the state of Iowa shall be considered a 34 member of the bar. 35 -6- SF237.368 (3) 88 mo/jh 6/ 12 #15.

Sec. ___. Section 46.8, Code 2019, is amended to read as 1 follows: 2 46.8 Certified list. 3 Each year the The state court administrator shall certify a 4 maintain a certified list of the names, addresses, and years 5 of admission of members of the bar who are eligible to vote for 6 state and district judicial nominating commissioners. 7 Sec. ___. Section 46.9, Code 2019, is amended to read as 8 follows: 9 46.9 Conduct of elections. 10 When an election of judicial nominating commissioners is 11 to be held, the state court administrator shall administer 12 the voting. The state court administrator may administer 13 the voting by electronic notification and voting or by paper 14 ballot mailed to each eligible attorney. The state court 15 administrator shall mail paper ballots to eligible attorneys or 16 electronically notify and enable eligible attorneys to vote. 17 The elector receiving the most votes shall be elected. When 18 more than one commissioner is to be elected, the electors 19 receiving the most votes shall be elected, in the same number 20 as the offices to be filled. The election results, including 21 the number of votes cast for each elector and the total number 22 of members of the bar eligible to vote in each election, shall 23 be made publicly available on the judicial branch internet 24 site and shall be reported to the governor and to the general 25 assembly within ten days after the conclusion of the election. 26 Sec. ___. Section 46.9A, Code 2019, is amended to read as 27 follows: 28 46.9A Notice preceding nomination of elective district 29 judicial nominating commissioners. 30 At least sixty days prior to the expiration of the term of an 31 elective state or district judicial nominating commissioner or 32 the expiration of the period within which a special election 33 must be held , the state court administrator shall mail paper 34 ballots to eligible attorneys or electronically notify and 35 -7- SF237.368 (3) 88 mo/jh 7/ 12

enable eligible attorneys to vote. An eligible attorney is 1 a member of the bar whose name appears on the certified list 2 prepared pursuant to section 46.8 for the district or districts 3 affected provide notice of the current or upcoming vacancy 4 and the nomination and election process by making the notice 5 publicly available on the judicial branch internet site, 6 issuing a press release, and electronically notifying members 7 of the bar. The election shall not commence until at least 8 thirty days after the issuance of the notice required by this 9 section . 10 Sec. ___. Section 46.10, Code 2019, is amended to read as 11 follows: 12 46.10 Nomination of elective district judicial nominating 13 commissioners. 14 1. In order to have an eligible elector’s name printed 15 on the ballot for state or district judicial nominating 16 commissioner, the eligible elector must file in the office of 17 the state court administrator at least thirty days prior to 18 expiration of the period within which the election must be 19 held a nominating petition signed by at least fifty resident 20 members of the bar of the congressional district in case of a 21 candidate for state judicial nominating commissioner, or at 22 least ten resident members of the bar eligible electors of the 23 judicial district in case of a candidate for district judicial 24 nominating commissioner . No member of the bar may sign more 25 nominating petitions for state or district judicial nominating 26 commissioner than there are such commissioners to be elected. 27 2. Ballots or electronic voting forms for state and district 28 judicial nominating commissioners shall contain blank lines 29 equal to the number of such commissioners to be elected, where 30 names may be written in. Any electronic voting form must 31 permit a voter to write in the name of any eligible elector. > 32 16. Page 11, line 25, after < respectively > by inserting < , 33 the supreme court, > 34 17. Page 11, lines 28 and 29, by striking < chairperson 35 -8- SF237.368 (3) 88 mo/jh 8/ 12 #16.

of the respective nominating commissions. > and inserting 1 < chairperson of the respective nominating commissions 2 governor . Upon the completion of an election, the state 3 court administrator shall certify the names and addresses of 4 the elected judicial nominating commissioners to the state 5 commissioner of elections and the governor. > 6 18. By striking page 11, line 35, through page 12, line 7 4, and inserting < forthwith so notify the chairperson of 8 the proper judicial nominating commission governor . The 9 chairperson governor shall call a meeting of the proper 10 judicial nominating commission within ten days after such 11 notice; if the chairperson governor fails to do so, the chief 12 justice shall call such meeting. > 13 19. Page 12, line 8, before < chairperson > by inserting 14 < governor or > 15 20. Page 12, after line 30 by inserting: 16 < 4. The state judicial nominating commission shall adopt 17 uniform rules for the state and district judicial nominating 18 commissions that shall be consistent with this chapter 19 and shall provide for a uniform and fair process for the 20 commissions to consider applicants and select nominees. The 21 state judicial nominating commission shall provide for a public 22 comment period of at least thirty days on its proposed uniform 23 rules prior to adopting the rules and shall adopt the rules 24 within six months of the effective date of this Act. Such 25 rules shall be made publicly available on the judicial branch 26 internet site. > 27 21. Page 13, line 13, after < commission. > by inserting 28 < Nominees to the district court must reside in the judicial 29 election district to which they are nominated or in another 30 judicial election district in the same judicial district as the 31 judicial election district to which they are nominated. > 32 22. Page 14, after line 3 by inserting: 33 < Sec. ___. NEW SECTION . 46.15A Severability and judicial 34 review. 35 -9- SF237.368 (3) 88 mo/jh 9/ 12 #18. #19. #20. #21. #22.

1. If any provision or clause of this chapter or any 1 application of this chapter to any person or circumstances 2 is held invalid, such invalidity shall not affect other 3 provisions, clauses, or applications of this chapter which can 4 be given effect without the invalid provision or application, 5 and to this end the provisions and clauses of this chapter are 6 declared to be severable. 7 2. Notwithstanding any provision of law to the contrary, if 8 section 46.2A, subsection 2, as amended by this Act, is held 9 invalid, the appointed and elected commissioners currently 10 serving six-year terms on the state judicial nominating 11 commission on the effective date of this Act shall continue to 12 serve until the expiration of their six-year terms, in addition 13 to the new members appointed pursuant to section 46.2A, as 14 amended by this Act. Upon the expiration of the currently 15 serving commissioners or upon their office becoming vacant 16 prior to the expiration of their terms, the offices shall not 17 be filled. 18 3. Notwithstanding any provision of law to the contrary, 19 if any provision of this chapter is preliminarily enjoined, 20 no judicial nominating commission shall meet to nominate 21 persons to serve as a judge or justice while the preliminary 22 injunction is in effect or while any appeal of the preliminary 23 injunction or a related permanent injunction is pending unless 24 the injunction is subsequently stayed or otherwise lifted. > 25 23. Page 14, by striking lines 4 through 26 and inserting: 26 < Sec. ___. REPEAL. Section 602.11111, Code 2019, is 27 repealed. > 28 24. Page 15, lines 3 and 4, by striking < proper judicial 29 nominating commission > and inserting < governor > 30 25. Page 15, line 13, by striking < chairperson of the 31 district judicial nominating commission > and inserting 32 < governor > 33 26. Page 15, line 22, by striking < chairperson of the 34 district judicial nominating commission > and inserting 35 -10- SF237.368 (3) 88 mo/jh 10/ 12 #23. #24. #25.

< governor > 1 27. Page 17, lines 34 and 35, by striking < chairperson 2 of the proper district judicial nominating commission. The 3 chairperson > and inserting < governor. The governor > 4 28. Page 18, by striking line 2 and inserting < governor 5 fails to do so, the chief justice shall call such > 6 29. Page 18, line 15, after < commission. > by inserting 7 < Nominees to the office of district associate judge must reside 8 in the judicial election district to which they are nominated 9 or in another judicial election district in the same judicial 10 district as the judicial election district to which they are 11 nominated. > 12 30. Page 21, lines 10 and 11, by striking < chairperson 13 of the proper district judicial nominating commission. The 14 chairperson > and inserting < governor. The governor > 15 31. Page 21, by striking line 13 and inserting < the governor 16 fails to do so, the chief justice shall call such > 17 32. Page 21, line 26, after < commission. > by inserting 18 < Nominees to the office of full-time associate juvenile judge 19 must reside in the judicial election district to which they are 20 nominated or in another judicial election district in the same 21 judicial district as the judicial election district to which 22 they are nominated. > 23 33. Page 24, lines 6 and 7, by striking < chairperson of 24 the proper district judicial nominating commission. The 25 chairperson > and inserting < governor. The governor > 26 34. Page 24, by striking line 9 and inserting < the governor 27 fails to do so, the chief justice shall call such > 28 35. Page 24, line 22, after < commission. > by inserting 29 < Nominees to the office of full-time associate probate judge 30 must reside in the judicial election district to which they are 31 nominated or in another judicial election district in the same 32 judicial district as the judicial election district to which 33 they are nominated. > 34 36. By renumbering, redesignating, and correcting internal 35 -11- SF237.368 (3) 88 mo/jh 11/ 12 #27. #28. #29. #30. #31. #32. #33. #34. #35.