HJR 2004 (LSB 5565YH (2) 87)

HOUSE JOINT RESOLUTION 2004

BY  HEARTSILL

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to the appointment of supreme court justices and district judges.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:
   1.  Section 15 of Article V of the Constitution of the State of Iowa, as added by the Amendment of 1962, is repealed beginning January 1, 2021, and the following adopted in lieu thereof:
   Vacancies in courts.  SEC. 15.  Vacancies in the supreme court and district court shall be filled by appointment by the governor subject to confirmation by the senate.
   2.  Section 16 of Article V of the Constitution of the State of Iowa, as added by the Amendment of 1962, is repealed beginning January 1, 2021.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly, and the secretary of state is directed to cause the same to be published for three consecutive months previous to the date of that election as provided by law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to the appointment of supreme court justices and district judges.
   The state judicial nominating commission currently nominates persons for appointment by the governor to the supreme court and court of appeals and each district judicial nominating commission nominates persons for appointment by the governor to the district court bench.
   The resolution eliminates the state judicial nominating commission and district judicial nominating commissions and establishes a new procedure for the appointment of persons to the supreme court or district court. The resolution requires the governor to appoint persons to the supreme court or district court, subject to confirmation by the senate. Retention elections for the supreme court justices and district judges required by the constitution remain in place. The resolution is silent, as is the current Iowa Constitution, regarding the nomination and appointment of judges of the court of appeals.
   The resolution, if adopted, would be referred to the next general assembly (88th) for adoption a second time before the amendment is submitted to the electorate for ratification.
   The amendment, if adopted and ratified by the electorate, takes effect January 1, 2021.