SENATE FILE 2100

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3032)

A BILL FOR

An Act relating to the nomination and appointment of district judges and associate juvenile judges. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 46.14, Code 2011, is amended to read as follows:
   46.14  Nomination  —— residence.
   1.  Each judicial nominating commission shall carefully consider the individuals available for judge, and within sixty days after receiving notice of a vacancy shall certify to the governor and the chief justice the proper number of nominees, in alphabetical order. Such nominees shall be chosen by the affirmative vote of a majority of the full statutory number of commissioners upon the basis of their qualifications and without regard to political affiliation. Nominees shall be members of the bar of Iowa, shall be residents of the state or district of the court to which they are nominated, and shall be of such age that they will be able to serve an initial and one regular term of office to which they are nominated before reaching the age of seventy-two years. Nominees for district judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the district judicial nominating commission. Absence of a commissioner or vacancy upon the commission shall not invalidate a nomination. The chairperson of the commission shall promptly certify the names of the nominees, in alphabetical order, to the governor and the chief justice.
   2.  An applicant for district judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the district judicial nominating commission. A district judge appointee shall be a resident of the judicial district before assuming office or, if the judicial district is divided into judicial election districts, the appointee shall be a resident of the judicial election district where the nomination occurred before assuming office. 
   2.3.  A commissioner shall not be eligible for nomination by the commission during the term for which the commissioner was elected or appointed to that commission. A commissioner shall not be eligible to vote for the nomination of a family member, current law partner, or current business partner. For purposes of this subsection, “family member” means a spouse, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, father, mother, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
    Sec. 2.  Section 602.7103C, subsections 2 and 3, Code 2011, are amended to read as follows:
   2.  A person does not qualify for appointment to the office of full-time associate juvenile judge unless the person is at the time of appointment a resident of the county
 
judicial election district in which the vacancy exists, licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age seventy-two. An applicant for full-time associate juvenile judge shall file a certified application form, to be provided by the supreme court, with the chairperson of the county magistrate appointing commission.
   3.  A full-time associate juvenile judge must be a resident of a county
 
the judicial election district in which the office is held during the entire term of office. A full-time associate juvenile judge shall serve within the judicial district in which appointed, as directed by the chief judge, and is subject to reassignment under section 602.6108.
EXPLANATION
   This bill relates to the nomination and qualifications of district judges and associate juvenile judges.
   The bill specifies that a district judge appointee shall be a resident of the judicial district where the nomination occurred before assuming office. If the judicial district is divided into judicial election districts, the bill specifies the appointee shall be a resident of the judicial election district where the nomination occurred before assuming office.
   The bill modifies the residency requirements of a full-time associate juvenile judge. Under the bill, a full-time associate juvenile judge is required at the time of appointment to reside in the judicial election district where the vacancy exists. The bill also requires a full-time associate juvenile judge to reside in the judicial election district in which the office is held during the entire term of office.
   Current law requires a full-time magistrate at the time of appointment to reside in the county in which the vacancy exists and to reside in the county in which the office is held during the entire term of office.