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
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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
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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
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