House File 2313 - Introduced HOUSE FILE 2313 BY SCHULTZ A BILL FOR An Act relating to judicial authority, and making penalties 1 applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6124YH (2) 83 jm/rj
H.F. 2313 Section 1. NEW SECTION . 602.1100 Judicial authority. 1 1. A judicial officer shall not use judicial precedent, 2 case law, penumbras, or international law as a basis for 3 rulings. A judicial officer shall only use the Constitution 4 of the United States, the Constitution of the State of Iowa, 5 and the Code of Iowa as the basis for any ruling issued by such 6 judicial officer. The only source material that may be used 7 for interpreting the Constitution of the United States by a 8 judicial officer in this state shall be the Federalist papers 9 and other writings of the founding fathers to describe the 10 intent of the founding fathers, and if such source material is 11 used, the full context of the source material must be used by 12 the judicial officer. 13 2. This section is not reviewable by the court. 14 3. A violation of this section by a judicial officer shall 15 be considered malfeasance in office and subjects the judicial 16 officer to impeachment under chapter 68. 17 EXPLANATION 18 This bill relates to judicial authority. 19 Under the bill, a judicial officer shall not use judicial 20 precedent, case law, penumbras, or international law as a 21 basis for rulings. The bill specifies that a judicial officer 22 shall only use the Constitution of the United States, the 23 Constitution of the State of Iowa, and the Code of Iowa as the 24 basis for any ruling issued by such officer. 25 Under the bill, the only source material that may be used 26 for interpreting the Constitution of the United States by a 27 judicial officer in this state shall be the Federalist papers 28 and other writings of the founding fathers to describe the 29 intent of the founding fathers, and if such source material is 30 used, the full context of the source material cited must be 31 used by the judicial officer. 32 The provisions in the bill are not reviewable by the court. 33 A violation of this bill by a judicial officer shall be 34 considered malfeasance in office and subjects the judicial 35 -1- LSB 6124YH (2) 83 jm/rj 1/ 2
H.F. 2313 officer to impeachment under Code chapter 68. 1 A judicial officer is defined in Code section 602.1101(7). 2 -2- LSB 6124YH (2) 83 jm/rj 2/ 2