HF 2313 (LSB 6124YH (2) 83)

HOUSE FILE 2313

BY  SCHULTZ

A BILL FOR

An Act relating to judicial authority, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  602.1100  Judicial authority.
   1.  A judicial officer shall not use judicial precedent, case law, penumbras, or international law as a basis for rulings. A judicial officer shall only use the Constitution of the United States, the Constitution of the State of Iowa, and the Code of Iowa as the basis for any ruling issued by such judicial officer. The only source material that may be used for interpreting the Constitution of the United States by a judicial officer in this state shall be the Federalist papers and other writings of the founding fathers to describe the intent of the founding fathers, and if such source material is used, the full context of the source material must be used by the judicial officer.
   2.  This section is not reviewable by the court.
   3.  A violation of this section by a judicial officer shall be considered malfeasance in office and subjects the judicial officer to impeachment under chapter 68.
EXPLANATION
   This bill relates to judicial authority.
   Under the bill, a judicial officer shall not use judicial precedent, case law, penumbras, or international law as a basis for rulings. The bill specifies that a judicial officer shall only use the Constitution of the United States, the Constitution of the State of Iowa, and the Code of Iowa as the basis for any ruling issued by such officer.
   Under the bill, the only source material that may be used for interpreting the Constitution of the United States by a judicial officer in this state shall be the Federalist papers and other writings of the founding fathers to describe the intent of the founding fathers, and if such source material is used, the full context of the source material cited must be used by the judicial officer.
   The provisions in the bill are not reviewable by the court.
   A violation of this bill by a judicial officer shall be considered malfeasance in office and subjects the judicial officer to impeachment under Code chapter 68.
   A judicial officer is defined in Code section 602.1101(7).