House Joint Resolution 2001 - Introduced HOUSE JOINT RESOLUTION 2001 BY WHEELER HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the abolishment of 2 retention elections for supreme court justices. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5173YH (3) 87 jm/rj
H.J.R. 2001 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. Section 17 of Article V of the Constitution of the 3 State of Iowa, as added by the Amendment of 1962, is amended 4 beginning with appointments made on or after January 1, 2021, 5 to read as follows: 6 Terms —— judicial elections. SEC. 17. Members of all 7 courts shall have such tenure in office as may be fixed by law, 8 but terms of supreme court judges shall be not less than eight 9 years and terms of district court judges shall be not less than 10 six years. 11 Judges Supreme court judges shall serve one term beginning 12 the day of appointment and until their successors are appointed 13 and qualified. District court judges shall serve for one year 14 after appointment and until the first day of January following 15 the next judicial election after the expiration of such year. 16 They District court judges shall at such judicial election 17 stand for retention in office on a separate ballot which shall 18 submit the question of whether such judge shall be retained in 19 office for the tenure prescribed for such office and when such 20 tenure is a term of years, on their request, they shall, at the 21 judicial election next before the end of each term, stand again 22 for retention on such ballot. 23 Present supreme court judges, at the expiration of their 24 respective terms on or after January 1, 2023, shall not 25 be retained in office, and district court judges, at the 26 expiration of their respective terms, may be retained in office 27 in like manner for the tenure prescribed for such office. The 28 general assembly shall prescribe the time for holding judicial 29 elections. 30 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 31 amendment to the Constitution of the State of Iowa is referred 32 to the general assembly to be chosen at the next general 33 election for members of the general assembly, and the secretary 34 of state is directed to cause the proposed amendment to be 35 -1- LSB 5173YH (3) 87 jm/rj 1/ 2
H.J.R. 2001 published for three consecutive months previous to the date of 1 that election as provided by law. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This joint resolution proposes an amendment to the 6 Constitution of the State of Iowa relating to the retention 7 elections of supreme court justices. 8 The resolution abolishes retention elections for supreme 9 court justices, and specifies that a supreme court justice 10 serve only one term of not less than eight years, beginning 11 with appointments made on or after January 1, 2021. The 12 resolution specifies that the eight-year term of a supreme 13 court justice shall begin the day of appointment and last until 14 their successor is appointed and qualified. If the term of a 15 supreme court justice currently serving on the supreme court 16 expires on or after January 1, 2023, the supreme court justice 17 shall not be retained in office, and shall not stand for 18 retention before the electorate at the next judicial election. 19 The resolution, if adopted, would be published and then 20 referred to the next general assembly (88th) for adoption, 21 before being submitted to the electorate for ratification. 22 -2- LSB 5173YH (3) 87 jm/rj 2/ 2