House Joint Resolution 13 - Introduced HOUSE JOINT RESOLUTION 13 BY ALONS , SHAW , PEARSON , CHAMBERS , and DE BOEF HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the term of office of 2 supreme court justices and district judges. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1872HH (7) 84 jm/rj

H.J.R. 13 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Section 17 of Article V of the Constitution of the State of 3 Iowa is repealed beginning January 1, 2015, and the following 4 adopted in lieu thereof: 5 Terms —— judicial elections. SEC. 17. Members of all courts 6 shall have such tenure in office as may be fixed by law, but 7 regular terms of supreme court judges and regular terms of 8 district court judges shall be not less than six years. Judges 9 shall serve an initial term for one year after appointment and 10 until the first day of January following the next judicial 11 election after the expiration of such year. They shall at such 12 judicial election stand for retention in office on a separate 13 ballot which shall submit the question of whether such judge 14 shall be retained in office for the tenure prescribed for 15 such office and when such tenure is a term of years, on their 16 request, they shall, at the judicial election next before the 17 end of the regular term, stand again for retention on such 18 ballot for one succeeding regular term. At the end of the 19 succeeding regular term such office shall become vacant, and 20 a new judge appointed. 21 Present supreme court and district court judges, at the 22 expiration of their respective terms, may be retained in 23 office, beginning with the judicial election in 2016, in like 24 manner for the new tenure prescribed for such office. Present 25 supreme court and district court judges may stand for retention 26 one time for such office after the judicial election in 2016, 27 and at the end of that regular term such office shall become 28 vacant, and a new judge appointed. However, if a present judge 29 has never been on the ballot for such office as of January 1, 30 2015, the judge may stand for retention two times beginning 31 with the judicial election in 2016. The general assembly shall 32 prescribe the time for holding judicial elections. 33 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 34 amendment to the Constitution of the State of Iowa is referred 35 -1- LSB 1872HH (7) 84 jm/rj 1/ 3

H.J.R. 13 to the general assembly to be chosen at the next general 1 election for members of the general assembly, and the secretary 2 of state is directed to cause the proposed amendment to be 3 published for three consecutive months previous to the date of 4 that election as provided by law. 5 EXPLANATION 6 This joint resolution relates to the terms of office 7 for supreme court justices and district judges under the 8 Constitution of the State of Iowa. 9 The resolution requires each supreme court justice to be 10 retained in office every six years after serving an initial 11 term of office of up to two years. The constitution currently 12 requires each justice of the supreme court to be retained in 13 office every eight years after serving an initial term of 14 office of up to two years. The resolution does not affect the 15 length of a regular term of office for a district judge. 16 The resolution provides that a supreme court justice or a 17 district judge shall not serve more than one regular term of 18 office and one succeeding regular term of office for the office 19 of appointment beginning with the judicial election in 2016. 20 The resolution also provides that a current supreme court 21 justice or district judge may stand for retention one time for 22 such office after the judicial election in 2016, then such 23 office shall become vacant, and a new judge appointed, unless 24 the judge has never been on the ballot for such office as of 25 January 1, 2015, in such case the judge may stand for retention 26 two times beginning with the judicial election in 2016. 27 The resolution is silent, as is the current Iowa 28 Constitution, regarding the nomination and appointment of 29 judges of the court of appeals. 30 The resolution if adopted, would be referred to the next 31 general assembly (Eighty-fifth) for adoption a second time 32 before the amendment is submitted to the electorate for 33 ratification. 34 The amendment, if adopted and ratified by the electorate, 35 -2- LSB 1872HH (7) 84 jm/rj 2/ 3

H.J.R. 13 takes effect January 1, 2015. 1 -3- LSB 1872HH (7) 84 jm/rj 3/ 3