House Joint Resolution 2013 - Introduced HOUSE JOINT RESOLUTION 2013 BY SORENSON , ALONS , and SCHULTZ HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa requiring supreme court justices to be 2 elected. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5827YH (5) 83 jm/rj

H.J.R. 2013 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. Section 2 of Article V of the Constitution of the State 3 of Iowa is amended beginning July 1, 2013, to read as follows: 4 Supreme court. SEC. 2. The General Assembly shall provide, 5 by law, for the statewide election of Supreme Court Judges at 6 the time of the judicial election. The Supreme Court shall 7 consist of three Judges, two of whom shall constitute a quorum 8 to hold Court and whose term of office shall be six years or 9 until a successor is elected and qualifies . 10 2. Section 15 of Article V of the Constitution of the 11 State of Iowa, as added by the Amendment of 1962, is amended 12 beginning July 1, 2013, to read as follows: 13 Vacancies in courts. SEC. 15. Vacancies in the Supreme 14 Court and District Court shall be filled by appointment 15 by the Governor from lists of nominees submitted by the 16 appropriate District Judicial Nominating Commission. Three 17 nominees shall be submitted for each Supreme Court vacancy, 18 and two Two nominees shall be submitted for each District 19 Court vacancy. If the Governor fails for thirty days to make 20 the appointment, it the appointment shall be made from such 21 nominees by the Chief Justice of the Supreme Court. 22 3. Section 16, unnumbered paragraph 1, of Article V of the 23 Constitution of the State of Iowa, as added by the Amendment 24 of 1962, is amended beginning July 1, 2013, by striking the 25 unnumbered paragraph. 26 4. Section 16, unnumbered paragraph 3, of Article V of the 27 Constitution of the State of Iowa, as added by the Amendment of 28 1962, is amended beginning July 1, 2013, to read as follows: 29 Due consideration shall be given to area representation in 30 the appointment and election of District Judicial Nominating 31 Commission members. Appointive and elective members of the 32 District Judicial Nominating Commissions shall serve for 33 six-year terms, shall be ineligible for a second six-year term 34 on the same commission, shall hold no office of profit of the 35 -1- LSB 5827YH (5) 83 jm/rj 1/ 3

H.J.R. 2013 United States or of the state during their terms, shall be 1 chosen without reference to political affiliation, and shall 2 have such other qualifications as may be prescribed by law. As 3 near as may be, the terms of one-third of such members shall 4 expire every two years. 5 5. Section 17 of Article V of the Constitution of the State 6 of Iowa is amended beginning July 1, 2013, to read as follows: 7 Terms —— judicial elections. SEC. 17. Members of all 8 courts , except the Supreme Court, shall have such tenure in 9 office as may be fixed by law, but terms of Supreme Court 10 Judges shall be not less than eight years and the terms 11 of District Court Judges shall be not less than six years. 12 Judges , other than Supreme Court Judges, shall serve for one 13 year after appointment and until the first day of January 14 following the next judicial election after the expiration of 15 such year. They shall at such judicial election stand for 16 retention in office on a separate ballot which shall submit the 17 question of whether such judge shall be retained in office for 18 the tenure prescribed for such office and when such tenure is a 19 term of years, on their request, they shall, at the judicial 20 election next before the end of each term, stand again for 21 retention on such ballot. Present Supreme Court and District 22 Court Judges, at the expiration of their respective terms, may 23 be retained in office in like manner for the tenure prescribed 24 for such office. The General Assembly shall prescribe the time 25 for holding judicial elections. 26 Sec. 2. REFERRAL AND PUBLICATION. The foregoing amendment 27 to the Constitution of the State of Iowa is referred to the 28 General Assembly to be chosen at the next general election 29 for members of the General Assembly, and the Secretary of 30 State is directed to cause the same to be published for three 31 consecutive months previous to the date of that election as 32 provided by law. 33 EXPLANATION 34 This joint resolution proposes an amendment to the 35 -2- LSB 5827YH (5) 83 jm/rj 2/ 3

H.J.R. 2013 Constitution of the State of Iowa requiring the justices of the 1 supreme court to be elected to a term of office of six years on 2 a statewide basis. The Constitution currently requires each 3 justice of the supreme court to be retained in office every 4 eight years after serving an initial term of office immediately 5 after appointment. 6 The general assembly established the number of supreme court 7 justices at seven in Code section 602.4101 under the authority 8 of Article V, Section 10, of the Iowa Constitution. The number 9 of supreme court justices shall not fall below three justices 10 under Article V, Section 2, of the Iowa Constitution. 11 The resolution, if adopted, would be referred to the next 12 General Assembly (Eighty-fourth) for adoption before the 13 amendment is submitted to the electorate for ratification. 14 The resolution if adopted and ratified by the electorate 15 takes effect July 1, 2013. 16 -3- LSB 5827YH (5) 83 jm/rj 3/ 3