House Joint Resolution 2004 - Introduced HOUSE JOINT RESOLUTION 2004 BY HEARTSILL HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the appointment of supreme 2 court justices and district judges. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5565YH (2) 87 jm/rj
H.J.R. 2004 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. Section 15 of Article V of the Constitution of the 3 State of Iowa, as added by the Amendment of 1962, is repealed 4 beginning January 1, 2021, and the following adopted in lieu 5 thereof: 6 Vacancies in courts. SEC. 15. Vacancies in the supreme 7 court and district court shall be filled by appointment by the 8 governor subject to confirmation by the senate. 9 2. Section 16 of Article V of the Constitution of the 10 State of Iowa, as added by the Amendment of 1962, is repealed 11 beginning January 1, 2021. 12 Sec. 2. REFERRAL AND PUBLICATION. The foregoing amendment 13 to the Constitution of the State of Iowa is referred to the 14 general assembly to be chosen at the next general election 15 for members of the general assembly, and the secretary of 16 state is directed to cause the same to be published for three 17 consecutive months previous to the date of that election as 18 provided by law. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This joint resolution proposes an amendment to the 23 Constitution of the State of Iowa relating to the appointment 24 of supreme court justices and district judges. 25 The state judicial nominating commission currently nominates 26 persons for appointment by the governor to the supreme court 27 and court of appeals and each district judicial nominating 28 commission nominates persons for appointment by the governor to 29 the district court bench. 30 The resolution eliminates the state judicial nominating 31 commission and district judicial nominating commissions and 32 establishes a new procedure for the appointment of persons 33 to the supreme court or district court. The resolution 34 requires the governor to appoint persons to the supreme court 35 -1- LSB 5565YH (2) 87 jm/rj 1/ 2
H.J.R. 2004 or district court, subject to confirmation by the senate. 1 Retention elections for the supreme court justices and district 2 judges required by the constitution remain in place. The 3 resolution is silent, as is the current Iowa Constitution, 4 regarding the nomination and appointment of judges of the court 5 of appeals. 6 The resolution, if adopted, would be referred to the next 7 general assembly (88th) for adoption a second time before the 8 amendment is submitted to the electorate for ratification. 9 The amendment, if adopted and ratified by the electorate, 10 takes effect January 1, 2021. 11 -2- LSB 5565YH (2) 87 jm/rj 2/ 2