SSB 1035 (LSB 1164XD (1) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

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

    Section 1.  Section 46.14, Code 2013, 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.
EXPLANATION
   This bill relates to the nomination and qualifications of district 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.