HJR 2013 (LSB 5827YH (5) 83)

HOUSE JOINT RESOLUTION 2013

BY  SORENSON, ALONS, and SCHULTZ

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa requiring supreme court justices to be elected.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   1.  Section 2 of Article V of the Constitution of the State of Iowa is amended beginning July 1, 2013, to read as follows:
   Supreme court.  SEC. 2.  The General Assembly shall provide, by law, for the statewide election of Supreme Court Judges at the time of the judicial election. The Supreme Court shall consist of three Judges, two of whom shall constitute a quorum to hold Court and whose term of office shall be six years or until a successor is elected and qualifies.
   2.  Section 15 of Article V of the Constitution of the State of Iowa, as added by the Amendment of 1962, is amended beginning July 1, 2013, to read as follows:
   Vacancies in courts.  SEC. 15.  Vacancies in the Supreme Court and District Court shall be filled by appointment by the Governor from lists of nominees submitted by the appropriate District Judicial Nominating Commission. Three nominees shall be submitted for each Supreme Court vacancy, and two Two nominees shall be submitted for each District Court vacancy. If the Governor fails for thirty days to make the appointment, it the appointment shall be made from such nominees by the Chief Justice of the Supreme Court.
   3.  Section 16, unnumbered paragraph 1, of Article V of the Constitution of the State of Iowa, as added by the Amendment of 1962, is amended beginning July 1, 2013, by striking the unnumbered paragraph.
   4.  Section 16, unnumbered paragraph 3, of Article V of the Constitution of the State of Iowa, as added by the Amendment of 1962, is amended beginning July 1, 2013, to read as follows:

   Due consideration shall be given to area representation in the appointment and election of District Judicial Nominating Commission members. Appointive and elective members of the District Judicial Nominating Commissions shall serve for six-year terms, shall be ineligible for a second six-year term on the same commission, shall hold no office of profit of the United States or of the state during their terms, shall be chosen without reference to political affiliation, and shall have such other qualifications as may be prescribed by law. As near as may be, the terms of one-third of such members shall expire every two years. 

   5.  Section 17 of Article V of the Constitution of the State of Iowa is amended beginning July 1, 2013, to read as follows:
   Terms —— judicial elections.  SEC. 17.  Members of all courts, except the Supreme Court, shall have such tenure in office as may be fixed by law, but terms of Supreme Court Judges shall be not less than eight years and the terms of District Court Judges shall be not less than six years. Judges, other than Supreme Court Judges, shall serve for one year after appointment and until the first day of January following the next judicial election after the expiration of such year. They shall at such judicial election stand for retention in office on a separate ballot which shall submit the question of whether such judge shall be retained in office for the tenure prescribed for such office and when such tenure is a term of years, on their request, they shall, at the judicial election next before the end of each term, stand again for retention on such ballot. Present Supreme Court and District Court Judges, at the expiration of their respective terms, may be retained in office in like manner for the tenure prescribed for such office. The General Assembly shall prescribe the time for holding judicial elections.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing amendment to the Constitution of the State of Iowa is referred to the General Assembly to be chosen at the next general election for members of the General Assembly, and the Secretary of State is directed to cause the same to be published for three consecutive months previous to the date of that election as provided by law.
EXPLANATION
   This joint resolution proposes an amendment to the Constitution of the State of Iowa requiring the justices of the supreme court to be elected to a term of office of six years on a statewide basis. The Constitution currently requires each justice of the supreme court to be retained in office every eight years after serving an initial term of office immediately after appointment.
   The general assembly established the number of supreme court justices at seven in Code section 602.4101 under the authority of Article V, Section 10, of the Iowa Constitution. The number of supreme court justices shall not fall below three justices under Article V, Section 2, of the Iowa Constitution.
   The resolution, if adopted, would be referred to the next General Assembly (Eighty-fourth) for adoption before the amendment is submitted to the electorate for ratification.
   The resolution if adopted and ratified by the electorate takes effect July 1, 2013.