Senate
Study
Bill
3032
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
the
nomination
and
appointment
of
district
1
judges.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
_____
H.F.
_____
Section
1.
Section
46.14,
Code
2011,
is
amended
to
read
as
1
follows:
2
46.14
Nomination
——
residence
.
3
1.
Each
judicial
nominating
commission
shall
carefully
4
consider
the
individuals
available
for
judge,
and
within
sixty
5
days
after
receiving
notice
of
a
vacancy
shall
certify
to
the
6
governor
and
the
chief
justice
the
proper
number
of
nominees,
7
in
alphabetical
order.
Such
nominees
shall
be
chosen
by
the
8
affirmative
vote
of
a
majority
of
the
full
statutory
number
9
of
commissioners
upon
the
basis
of
their
qualifications
and
10
without
regard
to
political
affiliation.
Nominees
shall
be
11
members
of
the
bar
of
Iowa,
shall
be
residents
of
the
state
or
12
district
of
the
court
to
which
they
are
nominated
,
and
shall
13
be
of
such
age
that
they
will
be
able
to
serve
an
initial
and
14
one
regular
term
of
office
to
which
they
are
nominated
before
15
reaching
the
age
of
seventy-two
years.
Nominees
for
district
16
judge
shall
file
a
certified
application
form,
to
be
provided
17
by
the
supreme
court,
with
the
chairperson
of
the
district
18
judicial
nominating
commission.
Absence
of
a
commissioner
or
19
vacancy
upon
the
commission
shall
not
invalidate
a
nomination.
20
The
chairperson
of
the
commission
shall
promptly
certify
the
21
names
of
the
nominees,
in
alphabetical
order,
to
the
governor
22
and
the
chief
justice.
23
2.
An
applicant
for
district
judge
shall
file
a
certified
24
application
form,
to
be
provided
by
the
supreme
court,
with
the
25
chairperson
of
the
district
judicial
nominating
commission.
A
26
district
judge
appointee
shall
be
a
resident
of
the
judicial
27
district
before
assuming
office
or,
if
the
judicial
district
28
is
divided
into
judicial
election
districts,
the
appointee
29
shall
be
a
resident
of
the
judicial
election
district
where
the
30
nomination
occurred
before
assuming
office.
31
2.
3.
A
commissioner
shall
not
be
eligible
for
nomination
32
by
the
commission
during
the
term
for
which
the
commissioner
33
was
elected
or
appointed
to
that
commission.
A
commissioner
34
shall
not
be
eligible
to
vote
for
the
nomination
of
a
family
35
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member,
current
law
partner,
or
current
business
partner.
For
1
purposes
of
this
subsection
,
“family
member”
means
a
spouse,
2
son,
daughter,
brother,
sister,
uncle,
aunt,
first
cousin,
3
nephew,
niece,
father-in-law,
mother-in-law,
son-in-law,
4
daughter-in-law,
brother-in-law,
sister-in-law,
father,
mother,
5
stepfather,
stepmother,
stepson,
stepdaughter,
stepbrother,
6
stepsister,
half
brother,
or
half
sister.
7
EXPLANATION
8
This
bill
relates
to
the
nomination
and
qualifications
of
9
district
judges.
The
bill
specifies
that
a
district
judge
10
appointee
shall
be
a
resident
of
the
judicial
district
where
11
the
nomination
occurred
before
assuming
office.
If
the
12
judicial
district
is
divided
into
judicial
election
districts,
13
the
bill
specifies
the
appointee
shall
be
a
resident
of
the
14
judicial
election
district
where
the
nomination
occurred
before
15
assuming
office.
16
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