House Study Bill 776
HOUSE FILE
BY (PROPOSED COMMITTEE ON
JUDICIARY BILL BY
CHAIRPERSON SWAIM)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the appointment or election of state judicial
2 nominating commission members.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6416YC 82
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PAG LIN
1 1 Section 1. NEW SECTION. 46.2A SPECIAL APPOINTMENT OR
1 2 ELECTION OF STATE JUDICIAL NOMINATING COMMISSION MEMBERS.
1 3 1. As used in this section, "congressional district" means
1 4 those districts established following the 2010 federal
1 5 decennial census and described in chapter 42.
1 6 2. Notwithstanding sections 46.1 and 46.2, the terms of
1 7 the appointed and elected members of the state judicial
1 8 nominating commission serving on December 31, 2012, shall
1 9 expire on that date.
1 10 3. The terms of newly appointed and elected members of the
1 11 state judicial nominating commission shall commence on January
1 12 1, 2013, based upon the number of congressional districts as
1 13 enacted pursuant to chapter 42.
1 14 4. The initial term of the appointed members shall be as
1 15 follows:
1 16 a. In the congressional district described as the first
1 17 district, there shall be one member with a term of two years
1 18 and one member with a term of six years.
1 19 b. In the congressional district described as the second
1 20 district, there shall be one member with a term of two years
1 21 and one member with a term of four years.
1 22 c. In the congressional district described as the third
1 23 district, there shall be one member with a term of four years
1 24 and one member with a term of six years.
1 25 d. In the congressional district described as the fourth
1 26 district, there shall be one member with a term of two years
1 27 and one member with a term of four years.
1 28 5. The initial term of the elected members shall be as
1 29 follows:
1 30 a. In the congressional district described as the first
1 31 district, there shall be one member with a term of two years
1 32 and one member with a term of four years.
1 33 b. In the congressional district described as the second
1 34 district, there shall be one member with a term of four years
1 35 and one member with a term of six years.
2 1 c. In the congressional district described as the third
2 2 district, there shall be one member with a term of two years
2 3 and one member with a term of six years.
2 4 d. In the congressional district described as the fourth
2 5 district, there shall be one member with a term of four years
2 6 and one member with a term of six years.
2 7 6. The appointed and elected members from each
2 8 congressional district shall be gender balanced as provided in
2 9 section 69.16A.
2 10 7. After the initial term is served pursuant to this
2 11 section, the appointed members shall be appointed to six=year
2 12 terms as provided in section 46.1, and the elected members
2 13 shall be elected to six=year terms as provided in section
2 14 46.2.
2 15 8. If the number of congressional districts established
2 16 following the 2010 federal decennial census and described in
2 17 chapter 42 is not equal to four, then the procedures set out
2 18 in this section are void and this section is repealed
2 19 effective June 30, 2012.
2 20 EXPLANATION
2 21 This bill relates to the appointment or election of state
2 22 judicial nominating commission members.
2 23 The state judicial nominating commission nominates persons
2 24 to the governor for appointment to the court of appeals and
2 25 the supreme court.
2 26 The bill provides that the terms of each appointed and
2 27 elected member of the state judicial nominating commission
2 28 expire on December 31, 2012. The bill provides that terms of
2 29 newly appointed and elected members of the state judicial
2 30 nominating commission shall commence on January 1, 2013, based
2 31 upon four congressional districts being established following
2 32 the 2010 federal decennial census.
2 33 The bill establishes an initial term for the appointed and
2 34 elected members by staggering the initial term at two=year,
2 35 four=year, and six=year intervals.
3 1 Under the bill, the initial term for appointed members is
3 2 as follows: three members shall serve a term of two years,
3 3 three members shall serve a term of four years, and two
3 4 members shall serve a term of six years.
3 5 Under the bill, the initial term for elected members is as
3 6 follows: two members shall serve a term of two years, three
3 7 members shall serve a term of four years, and three members
3 8 shall serve a term of six years.
3 9 The bill provides that the appointed and elected members
3 10 from each congressional district shall be gender balanced as
3 11 provided in Code section 69.16A.
3 12 If the number of congressional districts established
3 13 following the 2010 federal decennial census is not equal to
3 14 four, then the procedures set out in the bill are void and the
3 15 bill is repealed effective June 30, 2012.
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