H.F. 429 Section 1. Section 46.12, Code 2011, is amended to read as 1 follows: 2 46.12 Notification of vacancy and resignation. 3 1. When a vacancy occurs or will occur within one hundred 4 twenty days in the supreme court , the court of appeals, or 5 district court, the state commissioner of elections shall 6 forthwith so notify the chairperson of the proper judicial 7 nominating commission. The chairperson shall call a meeting 8 of the commission within ten days after such notice; if the 9 chairperson fails to do so, the chief justice shall call such 10 meeting. 11 2. When a vacancy occurs or will occur within one hundred 12 twenty days in the court of appeals, the state commissioner 13 of elections shall notify the governor of the vacancy. The 14 governor shall make the appointment to fill the vacancy 15 pursuant to section 46.14A. 16 3. When a judge of the supreme court, court of appeals, or 17 district court resigns, the judge shall submit a copy of the 18 resignation to the state commissioner of elections at the time 19 the judge submits the resignation to the governor; and when 20 a judge of the supreme court, court of appeals, or district 21 court dies, the clerk of district court of the county of the 22 judge’s residence shall in writing forthwith notify the state 23 commissioner of elections of such fact. 24 Sec. 2. Section 46.14A, Code 2011, is amended to read as 25 follows: 26 46.14A Court of appeals —— nominees appointment . 27 Vacancies in the court of appeals shall be filled by 28 appointment by the governor from a list of nominees submitted 29 by the state judicial nominating commission. Three nominees 30 shall be submitted for each vacancy subject to confirmation 31 by the senate . Nominees A person appointed to the court 32 of appeals shall have the qualifications prescribed for 33 nominees to the supreme court. The governor shall make the 34 appointment to fill a vacancy on the court of appeals within 35 -1- LSB 2312HH (4) 84 jm/rj 1/ 3

H.F. 429 one hundred twenty days of receiving notice that such a vacancy 1 has occurred. The senate shall vote on confirmation during 2 the regular session of the general assembly, if the governor 3 appoints the person during the regular session of the general 4 assembly. If the appointment is made after the regular session 5 of the general assembly, the senate shall vote on confirmation 6 during the next regular session of the general assembly. If 7 the senate fails to confirm an appointment to fill the vacancy, 8 the governor shall make another appointment to the court of 9 appeals subject to confirmation by the senate until the vacancy 10 is filled. 11 Sec. 3. Section 46.15, subsection 1, Code 2011, is amended 12 to read as follows: 13 1. All appointments to the supreme court and court of 14 appeals shall be made from the nominees of the state judicial 15 nominating commission, and all appointments to the district 16 court shall be made from the nominees of the district judicial 17 nominating commission. 18 Sec. 4. Section 46.16, subsection 1, paragraph a, Code 2011, 19 is amended to read as follows: 20 a. The initial term of office of judges of the supreme 21 court , court of appeals, and district court shall be for one 22 year after appointment and until January 1 following the next 23 judicial election after expiration of such year ; and . 24 Sec. 5. Section 46.16, subsection 1, Code 2011, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . 0b. The initial term of office of judges of 27 the court of appeals shall be for one year after confirmation 28 and until January 1 following the next judicial election after 29 expiration of such year. 30 Sec. 6. Section 602.5102, subsection 2, Code 2011, is 31 amended to read as follows: 32 2. Judges of the court of appeals shall be nominated and 33 appointed and shall stand for retention in office as provided 34 in chapter 46 . Judges of the court of appeals shall qualify 35 -2- LSB 2312HH (4) 84 jm/rj 2/ 3

H.F. 429 for office as provided in chapter 63 . 1 Sec. 7. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 immediate importance, takes effect upon enactment. 3 EXPLANATION 4 This bill relates to gubernatorial appointments to fill a 5 vacancy on the court of appeals. 6 The bill provides that the governor shall appoint a person to 7 fill a vacancy that occurs in the court of appeals, subject to 8 senate confirmation. Current law provides the state judicial 9 nominating commission shall nominate persons for appointment by 10 the governor to the court of appeals. 11 The bill requires that a person appointed to the court of 12 appeals have the same qualifications prescribed for nominees to 13 the supreme court. 14 If a vacancy occurs in the court of appeals, the bill 15 requires the governor to make the appointment to fill the 16 vacancy within 120 days of receiving notification that a 17 vacancy has occurred. The bill requires the senate to vote 18 on confirmation during the regular session of the general 19 assembly, if the governor appoints the person during the 20 regular session of the general assembly. If the appointment 21 to fill the vacancy on the court of appeals is made after the 22 regular session of the general assembly, the senate shall vote 23 on confirmation during the next regular session of the general 24 assembly. If the senate fails to confirm the appointment to 25 fill the vacancy, the governor shall make another appointment 26 to the court of appeals subject to confirmation by the senate 27 until the vacancy is filled. 28 The bill establishes the initial term of a court of appeals 29 judge at one year after confirmation and until January 1 30 following the next judicial election after expiration of such 31 year. The regular six-year term of a court of appeals judge 32 after retention is unaffected by the bill. 33 The bill takes effect upon enactment. 34 -3- LSB 2312HH (4) 84 jm/rj 3/ 3