Senate
Study
Bill
1029
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
the
nomination
and
qualifications
of
1
district
judges.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
46.14,
subsection
1,
Code
2015,
is
1
amended
to
read
as
follows:
2
1.
Each
judicial
nominating
commission
shall
carefully
3
consider
the
individuals
available
for
judge,
and
within
sixty
4
days
after
receiving
notice
of
a
vacancy
shall
certify
to
the
5
governor
and
the
chief
justice
the
proper
number
of
nominees,
6
in
alphabetical
order.
Such
nominees
shall
be
chosen
by
the
7
affirmative
vote
of
a
majority
of
the
full
statutory
number
8
of
commissioners
upon
the
basis
of
their
qualifications
and
9
without
regard
to
political
affiliation.
Nominees
shall
be
10
members
of
the
bar
of
Iowa,
shall
be
residents
of
the
state
or
11
district
of
the
court
to
which
they
are
nominated
,
and
shall
12
be
of
such
age
that
they
will
be
able
to
serve
an
initial
and
13
one
regular
term
of
office
to
which
they
are
nominated
before
14
reaching
the
age
of
seventy-two
years.
Nominees
for
district
15
judge
shall
file
a
certified
application
form,
to
be
provided
16
by
the
supreme
court,
with
the
chairperson
of
the
district
17
judicial
nominating
commission.
Absence
of
a
commissioner
or
18
vacancy
upon
the
commission
shall
not
invalidate
a
nomination.
19
The
chairperson
of
the
commission
shall
promptly
certify
the
20
names
of
the
nominees,
in
alphabetical
order,
to
the
governor
21
and
the
chief
justice.
22
Sec.
2.
Section
46.14,
Code
2015,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
1A.
An
applicant
for
district
judge
shall
25
file
a
certified
application
form,
to
be
provided
by
the
26
supreme
court,
with
the
chairperson
of
the
district
judicial
27
nominating
commission.
28
Sec.
3.
NEW
SECTION
.
46.15A
District
judges
——
residence
29
requirement.
30
A
district
judge
appointee
shall
be
a
resident
of
the
31
judicial
district
before
assuming
office
or,
if
the
judicial
32
district
is
divided
into
judicial
election
districts,
the
33
appointee
shall
be
a
resident
of
the
judicial
election
district
34
to
which
the
appointment
is
made
before
commencing
judicial
35
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duties.
1
Sec.
4.
Section
602.6201,
subsection
2,
Code
2015,
is
2
amended
to
read
as
follows:
3
2.
A
district
judge
must
be
a
resident
of
the
judicial
4
election
district
in
to
which
appointed
and
retained.
Subject
5
to
the
provision
for
reassignment
of
judges
under
section
6
602.6108
,
a
district
judge
shall
serve
in
the
district
of
the
7
judge’s
residence
while
in
office,
regardless
of
the
number
of
8
judgeships
to
which
the
district
is
entitled
under
the
formula
9
prescribed
by
the
supreme
court
in
subsection
3
.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
nomination
and
qualifications
of
14
district
judges.
15
The
bill
separates
the
nomination
process
and
qualifications
16
of
a
district
judge
from
the
nomination
process
and
17
qualifications
of
an
appeals
court
judge
or
supreme
court
18
justice
and
creates
new
Code
subsection
46.14(1A)
for
the
19
district
judge
application
and
nomination
process.
20
The
bill
also
specifies
that
a
district
judge
appointee
21
shall
be
a
resident
of
the
judicial
district
to
which
the
22
appointment
is
made
before
assuming
office.
If
the
judicial
23
district
is
divided
into
judicial
election
districts,
the
24
bill
specifies
that
the
appointee
shall
be
a
resident
of
the
25
judicial
election
district
to
which
the
appointment
is
made
26
before
commencing
judicial
duties.
27
The
bill
makes
a
conforming
amendment
to
Code
section
28
602.6201.
29
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