Senate
Joint
Resolution
7
-
Introduced
SENATE
JOINT
RESOLUTION
7
BY
BEHN
,
McKINLEY
,
SEYMOUR
,
CHELGREN
,
KAPUCIAN
,
JOHNSON
,
BARTZ
,
HAMERLINCK
,
GREINER
,
SMITH
,
BACON
,
FEENSTRA
,
ZAUN
,
and
WHITVER
SENA
TE
JOINT
RESOLUTION
A
Joint
Resolution
proposing
an
amendment
to
the
Constitution
1
of
the
State
of
Iowa
relating
to
the
appointment
of
nominees
2
to
the
supreme
court
by
the
governor.
3
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
The
following
amendment
to
the
Constitution
of
1
the
State
of
Iowa
is
proposed:
2
Section
15
of
Article
V
of
the
Constitution
of
the
State
of
3
Iowa,
as
added
by
the
Amendment
of
1962,
is
amended
to
read
as
4
follows:
5
Vacancies
in
courts.
SEC.
15.
Vacancies
in
the
supreme
6
court
and
district
court
shall
be
filled
by
appointment
by
the
7
governor
from
lists
of
nominees
submitted
by
the
appropriate
8
judicial
nominating
commission.
Three
nominees
shall
be
9
submitted
for
each
supreme
court
vacancy,
and
two
nominees
10
shall
be
submitted
for
each
district
court
vacancy.
If
the
11
governor
fails
for
thirty
days
to
make
the
an
appointment
12
from
the
district
court
nominees
,
it
the
appointment
shall
13
be
made
from
such
the
nominees
by
the
chief
justice
of
the
14
supreme
court.
The
governor
may
reject
all
three
nominees
for
15
a
supreme
court
vacancy
and
the
nomination
process
shall
start
16
anew
until
the
governor
appoints
a
nominee
to
fill
the
vacancy.
17
A
nominee
that
has
been
rejected
by
the
governor
shall
not
be
18
renominated
by
the
state
judicial
nominating
commission
to
fill
19
the
same
vacancy.
20
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
amendment
21
to
the
Constitution
of
the
State
of
Iowa
is
referred
to
the
22
general
assembly
to
be
chosen
at
the
next
general
election
23
for
members
of
the
general
assembly,
and
the
secretary
of
24
state
is
directed
to
cause
the
same
to
be
published
for
three
25
consecutive
months
previous
to
the
date
of
that
election
as
26
provided
by
law.
27
EXPLANATION
28
This
joint
resolution
proposes
an
amendment
to
the
29
Constitution
of
the
State
of
Iowa
relating
to
the
appointment
30
of
nominees
to
the
supreme
court
by
the
governor.
31
The
resolution
provides
that
the
governor
may
reject
32
all
three
nominees
for
a
supreme
court
vacancy
by
the
state
33
judicial
nominating
commission,
in
which
case,
the
nomination
34
process
shall
start
anew
until
the
governor
appoints
a
nominee
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S.J.R.
7
to
fill
the
vacancy.
The
resolution
also
prevents
a
nominee
1
that
has
been
rejected
by
the
governor
from
being
renominated
2
to
fill
the
same
vacancy.
3
The
Constitution
currently
requires
the
governor
to
appoint
4
a
nominee
from
the
list
of
three
nominees
submitted
by
the
5
state
judicial
nominating
commission,
and
if
the
governor
does
6
not
make
an
appointment
within
30
days
of
receiving
the
list
of
7
nominees,
the
chief
justice
is
required
to
make
the
appointment
8
from
the
list
of
such
nominees.
9
The
resolution,
if
adopted,
would
be
referred
to
the
next
10
general
assembly
(eighty-fifth)
for
adoption
before
the
11
amendment
is
submitted
to
the
electorate
for
ratification.
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