H.F. 343 Section 1. Section 46.1, Code 2011, is amended to read as 1 follows: 2 46.1 Appointment of state judicial nominating commissioners. 3 The governor shall appoint, subject to confirmation by the 4 senate, one two eligible elector electors of each congressional 5 district to the state judicial nominating commission for a 6 six-year term beginning and ending as provided in section 7 69.19 . At least one appointive member from each congressional 8 district shall be a member, in good standing, of the bar. The 9 terms of no more than three nor less than two of the members 10 shall expire within the same two-year period. No more than a 11 simple majority of the members appointed shall be of the same 12 gender. The appointive members shall be voting members. 13 Sec. 2. NEW SECTION . 46.1A Legislative members of the state 14 judicial nominating commission. 15 The following persons or the persons’ designees shall be 16 voting members of the state judicial nominating commission: 17 1. The president of the senate. 18 2. The speaker of the house of representatives. 19 3. The minority leader of the senate. 20 4. The minority leader of the house of representatives. 21 Sec. 3. Section 46.2, Code 2011, is amended to read as 22 follows: 23 46.2 Election of state judicial nominating commissioners. 24 The resident members of the bar of each congressional 25 district shall elect one two eligible elector electors of 26 the district to the state judicial nominating commission 27 for a six-year term beginning July 1. The terms of no more 28 than three nor less than two of the members shall expire 29 within the same two-year period, the expiration dates being 30 governed by the expiration dates of the terms of the original 31 appointive members. The members of the bar of the respective 32 congressional districts shall in January, immediately preceding 33 the expiration of the term of a member of the commission, elect 34 a successor for a like term. For the first elective term 35 -1- LSB 2653YH (4) 84 jm/rj 1/ 6

H.F. 343 open on or after July 1, 1987, in the odd-numbered districts 1 the elected member shall be a woman and in the even-numbered 2 districts the elected member shall be a man. Thereafter, 3 the districts shall alternate between women and men elected 4 members. The elected members shall be nonvoting advisory 5 members of the commission. 6 Sec. 4. NEW SECTION . 46.2B Chairperson of the state 7 judicial nominating commission. 8 The lieutenant governor shall be the chairperson of the 9 state judicial nominating commission. The chairperson shall be 10 a nonvoting member of the commission. 11 Sec. 5. NEW SECTION . 46.2D State judicial nominating 12 commission —— procedures. 13 1. As used in this section, “publish” means to publish 14 electronically on the judicial branch’s internet site. 15 2. The state judicial nominating commission shall adopt and 16 publish internal rules and procedures. The rules shall require 17 the commission to do the following: 18 a. Conduct at least one interview with each applicant 19 seeking a nomination to the supreme court or court of appeals 20 that is open to the public. 21 b. Publish a schedule of the public interviews at least ten 22 days in advance of the interviews. 23 c. Publish all nonconfidential information included in each 24 application at least ten days prior to the interview. 25 d. Publish the number of affirmative votes each interviewed 26 applicant received for nomination immediately preceding the 27 release of the names of the nominees. 28 Sec. 6. Section 46.6, Code 2011, is amended to read as 29 follows: 30 46.6 Equal seniority Chairperson of a district judicial 31 nominating commission . 32 1. The district judge with the longest service shall be the 33 chairperson of the district judicial nominating commission. 34 2. If the judges of longest service (other than the chief 35 -2- LSB 2653YH (4) 84 jm/rj 2/ 6

H.F. 343 justice) of the supreme court or of the district court two or 1 more judges with the longest service in a district are of equal 2 service, the eldest of such judges shall be chairperson of the 3 particular judicial nominating commission. 4 Sec. 7. Section 46.14, subsection 1, Code 2011, is amended 5 to read as follows: 6 1. Each judicial nominating commission shall carefully 7 consider the individuals available for judge , and within sixty 8 days after receiving notice of a vacancy . The application 9 period for an individual to apply for a vacancy shall be sixty 10 days from the date the commission receives notice of a vacancy. 11 The commission shall certify to the governor and the chief 12 justice the proper number of nominees, in alphabetical order 13 within sixty days of the expiration of the application period . 14 Such nominees shall be chosen by the affirmative vote of a 15 majority of the full statutory number of voting commissioners 16 upon the basis of their qualifications and without regard to 17 political affiliation. Nominees shall be members of the bar 18 of Iowa, shall be residents of the state or district of the 19 court to which they are nominated, and shall be of such age 20 that they will be able to serve an initial and one regular 21 term of office to which they are nominated before reaching 22 the age of seventy-two years. Nominees for district judge 23 shall file a certified application form, to be provided by the 24 supreme court, with the chairperson of the district judicial 25 nominating commission. Absence of a commissioner or vacancy 26 upon the commission shall not invalidate a nomination. The 27 chairperson of the commission shall promptly certify the names 28 of the nominees, in alphabetical order, to the governor and the 29 chief justice. 30 Sec. 8. NEW SECTION . 46.26 Retention vote —— 31 disqualification. 32 A judge not receiving more affirmative votes than negative 33 votes at the judicial election shall be disqualified from 34 submitting an application for nomination for any judicial 35 -3- LSB 2653YH (4) 84 jm/rj 3/ 6

H.F. 343 officer position for a period of two years from the date of the 1 judicial election. 2 Sec. 9. END OF VOTING RIGHTS OF ELECTED MEMBERS. The voting 3 rights of the current elected members of the state judicial 4 nominating commission end on the effective date of this section 5 of this Act. 6 Sec. 10. EFFECTIVE UPON ENACTMENT. The section of this Act 7 relating to the end of voting rights of elected members, being 8 deemed of immediate importance, takes effect upon enactment. 9 Sec. 11. EFFECTIVE DATE. The following provisions of this 10 Act take effect January 1, 2013: 11 1. The section of this Act amending section 46.1. 12 2. The section of this Act amending section 46.2. 13 EXPLANATION 14 This bill relates to the membership of the state judicial 15 nominating commission, procedures for all judicial nominating 16 commissions, and retention procedures. 17 The bill specifies that members appointed to the state 18 judicial nominating commission by the governor shall be 19 voting members of the commission and members elected to the 20 commission by members of the state bar shall be advisory, 21 nonvoting members of the commission. Current law provides 22 that both appointed and elected members of the state judicial 23 nominating commission are voting members. The voting rights of 24 the current elected members on the state judicial nominating 25 commission end immediately upon enactment of the bill. 26 The bill does not modify Code section 46.2A which terminates 27 the terms each appointed and elected member of the state 28 judicial nominating commission on December 31, 2012, and 29 establishes new staggered transitional terms begin January 30 1, 2013, based upon the four congressional districts being 31 established following the 2010 decennial census. The bill 32 does amend Code sections 46.1 and 46.2 to reflect the fact 33 the governor appoints two members from each of the four new 34 congressional districts effective January 1, 2013, and the 35 -4- LSB 2653YH (4) 84 jm/rj 4/ 6

H.F. 343 state bar elects two members to the state judicial nominating 1 commission, on January 1, 2013, from each of the four new 2 congressional districts. 3 The bill, beginning with governor appointments on or after 4 January 1, 2013, requires at least one member appointed by the 5 governor to the state judicial nominating commission from each 6 congressional district be a member, in good standing, of the 7 bar. 8 The remainder of the bill takes effect on July 1 after 9 enactment. 10 The bill makes the president of the senate, the speaker 11 of the house of representatives, the minority leader of the 12 senate, and the minority leader of the house, voting members 13 of the state judicial nominating commission. The bill also 14 provides a legislative member of the commission may appoint a 15 designee to act in the place of the legislative leader on the 16 state judicial nominating commission. 17 The bill strikes a provision making the supreme court 18 justice with the longest tenure the chairperson of the state 19 judicial nominating commission. The bill makes the lieutenant 20 governor the chairperson of the commission and provides the 21 lieutenant governor shall be a voting member of the commission. 22 The bill requires the state judicial nominating commission 23 to adopt and publish internal rules and procedures and publish 24 the rules on the judicial branch’s internet site. The bill 25 requires the commission to establish the following rules: 26 conduct at least one interview with each applicant seeking a 27 nomination to the supreme court or court of appeals that is 28 open to the public; publish a schedule of the public interviews 29 at least 10 days in advance of the interviews; publish all 30 nonconfidential information included in each application at 31 least 10 days prior to the interview; and publish the number 32 of affirmative votes each interviewed applicant received for 33 nomination immediately preceding the release of the names of 34 the nominees. 35 -5- LSB 2653YH (4) 84 jm/rj 5/ 6

H.F. 343 The bill modifies the timeline an applicant must apply and 1 be nominated for appointment to the supreme court or court 2 of appeals. The bill provides that when the state judicial 3 nominating commission is notified a vacancy has occurred or 4 will occur an applicant has 60 days to submit an application. 5 Under the bill, the state judicial nominating commission has 6 60 days from the expiration of the application period to 7 nominate persons for appointment by the governor to the supreme 8 court or court of appeals. Current law provides the state 9 judicial nominating commission has 60 days from the date the 10 state judicial nominating commission is notified a vacancy has 11 occurred or will occur to nominate persons for appointment by 12 the governor to the supreme court or court of appeals. 13 The bill disqualifies a judge who was not retained by the 14 voters at the time of a judicial election from applying for 15 any judicial officer position two years from the date of the 16 judicial election where the judge lost the retention vote. 17 -6- LSB 2653YH (4) 84 jm/rj 6/ 6