House File 114 - Introduced HOUSE FILE 114 BY WATTS , BALTIMORE , COWNIE , SANDS , and HELLAND A BILL FOR An Act relating to the qualifications of a nominee to the 1 supreme court, court of appeals, and district court. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1658YH (3) 84 jm/rj
H.F. 114 Section 1. Section 46.14, subsection 1, Code 2011, is 1 amended to read as follows: 2 1. Each judicial nominating commission shall carefully 3 consider the individuals available for judge, and within sixty 4 days after receiving notice of a vacancy shall certify to the 5 governor and the chief justice the proper number of nominees, 6 in alphabetical order. Such nominees shall be chosen by the 7 affirmative vote of a majority of the full statutory number 8 of commissioners upon the basis of their qualifications and 9 without regard to political affiliation. Nominees shall be 10 members of the bar of Iowa, shall be residents of the state or 11 district of the court to which they are nominated, and shall 12 be of such age that they will be able to serve an initial and 13 one regular term of office to which they are nominated before 14 reaching the age of seventy-two years. Nominees for district 15 judge shall file a certified application form, to be provided 16 by the supreme court, with the chairperson of the district 17 judicial nominating commission. Absence of a commissioner or 18 vacancy upon the commission shall not invalidate a nomination. 19 The chairperson of the commission shall promptly certify the 20 names of the nominees, in alphabetical order, to the governor 21 and the chief justice. 22 EXPLANATION 23 This bill relates to the qualifications of a nominee to the 24 supreme court, court of appeals, and district court. 25 The bill modifies the age requirements for a nominee to the 26 supreme court, court of appeals, or district court. Under the 27 bill, a person nominated for appointment to become a supreme 28 court justice, court of appeals judge, or district judge, shall 29 be of such an age that the nominee will be able to serve an 30 initial term of office. Current law requires a nominee for the 31 supreme court, court of appeals, or district court to be of 32 such an age that the nominee will be able to serve an initial 33 term and one regular term of office. 34 The initial and regular terms of office for a judicial 35 -1- LSB 1658YH (3) 84 jm/rj 1/ 2
H.F. 114 officer are found in the Iowa Constitution, article V, section 1 17 and Code section 46.16. The initial term for all judicial 2 officers except magistrates is one year after appointment 3 and until January 1 following the next judicial election 4 after expiration of such year. The initial term’s length 5 is determined by the date of appointment and is shorter in 6 length than a regular term. The regular term, if the judge is 7 retained by the voters after serving an initial term, is eight 8 years for a supreme court justice and six years for a court of 9 appeals or district judge. 10 The bill does not modify the mandatory retirement age for 11 judicial officers which is set at 72 years of age. 12 The bill also does not modify the age qualifications for 13 nominees to become a district associate judge in Code section 14 602.6305, a magistrate in Code section 602.6404, an associate 15 juvenile judge in Code section 602.7103C, or an associate 16 probate judge in Code section 633.20C. 17 -2- LSB 1658YH (3) 84 jm/rj 2/ 2