Senate File 2006

                                       SENATE FILE       
                                       BY  ZIEMAN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the residency of a district judge upon
  2    appointment.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5128SS 80
  5 jm/pj/5

PAG LIN

  1  1    Section 1.  Section 46.14, subsection 1, Code Supplement
  1  2 2003, is amended to read as follows:
  1  3    1.  Each judicial nominating commission shall carefully
  1  4 consider the individuals available for judge, and within sixty
  1  5 days after receiving notice of a vacancy shall certify to the
  1  6 governor and the chief justice the proper number of nominees,
  1  7 in alphabetical order.  Such nominees shall be chosen by the
  1  8 affirmative vote of a majority of the full statutory number of
  1  9 commissioners upon the basis of their qualifications and
  1 10 without regard to political affiliation.  Nominees shall be
  1 11 members of the bar of Iowa, shall be residents of the state or
  1 12 district of the court to which they are nominated, and shall
  1 13 be of such age that they will be able to serve an initial and
  1 14 one regular term of office to which they are nominated before
  1 15 reaching the age of seventy=two years.  Nominees for district
  1 16 judge shall file a certified application form, to be provided
  1 17 by the supreme court, with the chairperson of the district
  1 18 judicial nominating commission.  Absence of a commissioner or
  1 19 vacancy upon the commission shall not invalidate a nomination.
  1 20 The chairperson of the commission shall promptly certify the
  1 21 names of the nominees, in alphabetical order, to the governor
  1 22 and the chief justice.
  1 23    Sec. 2.  Section 602.6201, subsection 2, Code Supplement
  1 24 2003, is amended to read as follows:
  1 25    2.  A district judge must be a resident of the judicial
  1 26 election district in which appointed within thirty days of
  1 27 appointment and be a resident of the judicial election
  1 28 district when retained.  Subject to the provision for
  1 29 reassignment of judges under section 602.6108, a district
  1 30 judge shall serve in the district of the judge's residence
  1 31 while in office, regardless of the number of judgeships to
  1 32 which the district is entitled under subsection 3.
  1 33                           EXPLANATION
  1 34    This bill relates to the residency of a district judge upon
  1 35 appointment.  The bill provides that a district judge must be
  2  1 a resident of the judicial election district within 30 days of
  2  2 appointment by the governor.  Current law provides that a
  2  3 district judge be a resident of the judicial election district
  2  4 when nominated and appointed a district judge.
  2  5 LSB 5128SS 80
  2  6 jm/pj/5