H.J.R. 6 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. Section 1 of Article V of the Constitution of the State 3 of Iowa is amended, beginning January 1, 2021, to read as 4 follows: 5 Courts. SECTION. 1. The judicial power shall be vested in 6 a supreme court, court of appeals, district courts, and such 7 other courts, inferior to the supreme court, as the general 8 assembly may, from time to time, establish. 9 2. Article V of the Constitution of the State of Iowa is 10 amended by adding the following new section: 11 Court of appeals. SEC. 2A. The court of appeals shall 12 consist of three judges, two of whom shall constitute a quorum 13 to hold court. 14 3. Article V of the Constitution of the State of Iowa is 15 amended by adding the following new section: 16 Jurisdiction of court of appeals. SEC. 4A. The court of 17 appeals shall have appellate jurisdiction only in cases of 18 chancery, and shall constitute a court for the correction of 19 errors at law, under such restrictions as the general assembly 20 may, by law, prescribe; and shall have power to issue all writs 21 and process necessary to secure justice to parties. The court 22 of appeals shall be an inferior tribunal to the supreme court. 23 4. Section 7 of Article V of the Constitution of the State 24 of Iowa is amended to read as follows: 25 Conservators of the peace. SEC. 7. The judges of the 26 supreme court, court of appeals, and district courts shall be 27 conservators of the peace throughout the state. 28 5. Section 10 of Article V of the Constitution of the State 29 of Iowa, as amended by Amendment 2 of the Amendments of 1884, 30 is amended to read as follows: 31 Judicial districts. SEC. 10. The general assembly may 32 reorganize the judicial districts and increase or diminish the 33 number of districts, or the number of judges of the said court, 34 and may increase the number of judges of the supreme court; 35 -1- LSB 1143YH (11) 87 jm/rj 1/ 5

H.J.R. 6 and may increase the number of judges of the court of appeals; 1 but such increase or diminution shall not be more than one 2 district, or one judge of either court, at any one session , 3 except any increase or diminution of the number of judges of 4 the court of appeals shall commence at nine judges ; and no 5 reorganization of the districts, or diminution of the number of 6 judges, shall have the effect of removing a judge from office. 7 Such reorganization of the districts, or any change in the 8 boundaries thereof, or increase or diminution of the number 9 of judges, shall take place every four years thereafter, if 10 necessary, and at no other time. 11 At any regular session of the general assembly the state may 12 be divided into the necessary judicial districts for district 13 court purposes, or the said districts may be reorganized and 14 the number of the districts and the judges of said courts 15 increased or diminished; but no reorganization of the districts 16 or diminution of the judges shall have the effect of removing a 17 judge from office. 18 Sec. 2. The following amendment to the Constitution of the 19 State of Iowa is proposed: 20 1. Section 15 of Article V of the Constitution of the 21 State of Iowa, as added by the Amendment of 1962, is repealed 22 beginning January 1, 2021, and the following adopted in lieu 23 thereof: 24 Vacancies in courts. SEC. 15. Vacancies in the supreme 25 court, court of appeals, and district court shall be filled by 26 appointment by the governor subject to confirmation by a simple 27 majority of all the members elected to the senate. A vacancy 28 may be filled temporarily pending confirmation. 29 2. Section 16 of Article V of the Constitution of the 30 State of Iowa, as added by the Amendment of 1962, is repealed 31 beginning January 1, 2021. 32 3. Section 17 of Article V of the Constitution of the State 33 of Iowa, as added by the Amendment of 1962, is amended to read 34 as follows: 35 -2- LSB 1143YH (11) 87 jm/rj 2/ 5

H.J.R. 6 Terms —— judicial elections. SEC. 17. Members of all courts 1 shall have such tenure in office as may be fixed by law, but 2 terms of supreme court judges shall be not less than eight 3 years , terms of court of appeals judges shall not be less than 4 six years, and terms of district court judges shall be not 5 less than six years. Judges shall serve for one year after 6 appointment and until the first day of January following the 7 next judicial election after the expiration of such year. 8 They shall at such judicial election stand for retention in 9 office on a separate ballot which shall submit the question of 10 whether such judge shall be retained in office for the tenure 11 prescribed for such office and when such tenure is a term of 12 years, on their request, they shall, at the judicial election 13 next before the end of each term, stand again for retention on 14 such ballot. Present supreme court and district court judges, 15 at the expiration of their respective terms, may be retained 16 in office in like manner for the tenure prescribed for such 17 office. The general assembly shall prescribe the time for 18 holding judicial elections. 19 4. Section 18 of Article V of the Constitution of the State 20 of Iowa, as added by the Amendment of 1962, is amended to read 21 as follows: 22 Salaries —— qualifications —— retirement. SEC. 18. Judges 23 of the supreme court , court of appeals, and district court 24 shall receive salaries from the state, shall be members of 25 the bar of the state and shall have such other qualifications 26 as may be prescribed by law. Judges of the supreme court , 27 court of appeals, and district court shall be ineligible to 28 any other office of the state while serving on said court 29 and for two years thereafter, except that district judges of 30 the court of appeals and district court shall be eligible to 31 the office of supreme court judge. Other judicial officers 32 shall be selected in such manner and shall have such tenure, 33 compensation and other qualification as may be fixed by law. 34 The general assembly shall prescribe mandatory retirement for 35 -3- LSB 1143YH (11) 87 jm/rj 3/ 5

H.J.R. 6 judges of the supreme court , court of appeals, and district 1 court at a specified age and shall provide for adequate 2 retirement compensation. Retired judges may be subject to 3 special assignment to temporary judicial duties by the supreme 4 court, as provided by law. 5 Sec. 3. REFERRAL AND PUBLICATION. The foregoing amendments 6 to the Constitution of the State of Iowa are referred to the 7 general assembly to be chosen at the next general election 8 for members of the general assembly, and the secretary of 9 state is directed to cause the same to be published for three 10 consecutive months previous to the date of that election as 11 provided by law. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This joint resolution proposes two amendments to the 16 Constitution of the State of Iowa relating to the appointment 17 and jurisdiction of judicial officers. 18 Currently, the Iowa constitution is silent regarding the 19 nomination and appointment of judges of the court of appeals. 20 The first amendment in the resolution constitutionally 21 establishes the minimum number of court of appeals judges at 22 three judges, which is consistent with the minimum number of 23 constitutionally required justices of the supreme court. The 24 resolution also allows the general assembly to increase or 25 decrease the number of court of appeals judges from the current 26 nine judges who sit on the court of appeals. 27 The resolution provides that the court of appeals shall 28 have appellate jurisdiction only in cases of chancery and 29 shall constitute a court for the correction of errors at law, 30 under such restrictions as the general assembly may, by law, 31 prescribe. The resolution also specifies that the court of 32 appeals is an inferior tribunal to the supreme court. 33 The resolution provides that the judges of the court of 34 appeals shall be conservators of peace throughout the state. 35 -4- LSB 1143YH (11) 87 jm/rj 4/ 5

H.J.R. 6 The resolution establishes the term of a judge of the court 1 of appeals at six years. The term of six years is consistent 2 with the existing statutory law under Code section 46.16. 3 The resolution specifies that a court of appeals judge is 4 eligible to receive a salary from the state which is consistent 5 with other salary language applicable to a supreme court 6 justice or district judge. The resolution specifies that a 7 court of appeals judge is ineligible for any other office 8 of the state for at least two years after serving on the 9 court, except a court of appeals judge would be eligible to be 10 appointed to the supreme court. 11 The second amendment in the resolution eliminates the state 12 judicial nominating commission and district judicial nominating 13 commissions and establishes a new procedure for the appointment 14 of persons to the supreme court, court of appeals, and district 15 court. The resolution requires the governor to appoint persons 16 to the supreme court, court of appeals, or district court, 17 subject to confirmation by a simple majority of all the members 18 elected to the senate. The resolution specifies that a vacancy 19 may be filled temporarily pending confirmation. 20 Under the current constitution and statutes, the state 21 judicial nominating commission nominates persons for 22 appointment by the governor to the supreme court and court 23 of appeals and each district judicial nominating commission 24 nominates persons for appointment by the governor to the 25 district court bench. 26 The resolution, if adopted, would be referred to the next 27 general assembly (88th) for adoption a second time before the 28 amendment is submitted to the electorate for ratification at 29 the 2020 general election. 30 The amendment, if adopted and ratified by the electorate, 31 takes effect January 1, 2021. 32 -5- LSB 1143YH (11) 87 jm/rj 5/ 5