S.F. 327 Section 1. Section 46.1, Code 2017, is amended to read as 1 follows: 2 46.1 Appointment of state judicial nominating commissioners. 3 The Except as otherwise provided in section 46.1A, the 4 governor shall appoint, subject to confirmation by the senate, 5 one four eligible elector electors of each congressional 6 district to the state judicial nominating commission for a 7 six-year term beginning and ending as provided in section 8 69.19 . The terms of no more than three six nor less than two 9 four of the members shall expire within the same two-year 10 period. No more than a simple majority of the members 11 appointed shall be of the same gender. The appointed members 12 shall be voting members. 13 Sec. 2. NEW SECTION . 46.1A State judicial nominating 14 members —— appointment —— transition. 15 1. In order to transition to sixteen appointed members for 16 the state judicial nominating commission and to ensure each 17 appointed member serves a six-year term, and future terms are 18 staggered, the composition of the state judicial nominating 19 commission shall consist of the following number of appointed 20 members during the following time periods: 21 a. At the time of appointing successors for the two 22 appointive terms ending on April 30, 2018, the governor shall 23 appoint a total of five eligible electors to the state judicial 24 nominating commission. The appointive membership of the state 25 judicial nominating commission shall then consist of eleven 26 appointed members from May 1, 2018, through April 30, 2020. 27 b. At the time of appointing successors for the three 28 appointive terms ending on April 30, 2020, the governor shall 29 appoint a total of six eligible electors to the state judicial 30 nominating commission. The appointive membership of the state 31 judicial nominating commission shall then consist of fourteen 32 appointed members from May 1, 2020, through April 30, 2022. 33 c. At the time of appointing successors for the three 34 appointive terms ending on April 30, 2022, the governor shall 35 -1- LSB 1892XS (5) 87 jm/rj 1/ 7

S.F. 327 appoint a total of four eligible electors to the state judicial 1 nominating commission. The appointive membership of the state 2 judicial nominating commission shall then consist of sixteen 3 appointed members from May 1, 2022, and every year thereafter. 4 2. To ensure geographic balance during the transition 5 to sixteen appointed members the governor shall first make 6 an appointment to the state judicial nominating commission 7 from the eligible electors of a congressional district with 8 the least number of appointed members on the commission. If 9 two or more congressional districts with the least number of 10 appointed members have equal membership the governor shall make 11 an appointment to break the tie and then appoint a member from 12 the congressional district with the least number of appointed 13 members on the commission. 14 Sec. 3. Section 46.2, Code 2017, is amended by striking the 15 section and inserting in lieu thereof the following: 16 46.2 Election of state judicial nominating commission member. 17 1. The resident members of the bar shall elect one 18 eligible elector of the state to the state judicial nominating 19 commission for a six-year term beginning July 1, 2021. The 20 members of the bar shall in January, immediately preceding the 21 expiration of the term, elect a successor for a like term. The 22 elected member shall be a nonvoting, advisory member. 23 2. The elected members of the state judicial nominating 24 commission serving on the commission as of the effective 25 date of this Act shall remain on the commission as nonvoting 26 members until their respective terms end, and no new successor 27 member shall be elected except as provided in subsection 3. 28 The voting terms of the elected members of the state judicial 29 nominating commission end on the effective date of this Act. 30 3. In January 2023, the members of the bar shall elect the 31 eligible elector as provided in subsection 1. 32 Sec. 4. Section 46.2A, Code 2017, is amended by striking the 33 section and inserting in lieu thereof the following: 34 46.2A Chairperson of the state judicial nominating 35 -2- LSB 1892XS (5) 87 jm/rj 2/ 7

S.F. 327 commission. 1 1. The justice of the supreme court who is senior in length, 2 other than the chief justice, shall be the chairperson of the 3 state judicial nominating commission. The chairperson shall 4 be a nonvoting advisory member of the commission unless a vote 5 ends in a tie, in such case the chairperson is eligible to cast 6 the tie-breaking vote. 7 2. If supreme court justices have equal length of service, 8 the eldest of such justices shall be the chairperson of the 9 state judicial nominating commission. 10 Sec. 5. Section 46.3, subsection 1, Code 2017, is amended 11 to read as follows: 12 1. The governor shall appoint five eligible electors of each 13 judicial election district to the district judicial nominating 14 commission. The appointed commissioners shall be voting 15 members. 16 Sec. 6. Section 46.4, Code 2017, is amended by striking the 17 section and inserting in lieu thereof the following: 18 46.4 Election of district judicial nominating commissioner. 19 1. The resident members of the bar of each judicial election 20 district shall elect one eligible elector of the district to 21 the district judicial nominating commission for a six-year 22 term beginning February 1, 2022. The members of the bar shall 23 in January, immediately preceding the expiration of the term, 24 elect a successor for a like term. The elected commissioner 25 shall be a nonvoting, advisory commissioner. 26 2. The elected commissioners of the district judicial 27 nominating commission serving on the commission as of the 28 effective date of this Act shall remain on the commission as 29 nonvoting members until their respective terms end, and no new 30 successor commissioner shall be elected except as provided in 31 subsection 3. The voting terms of the elected commissioners 32 of the district judicial nominating commission end on the 33 effective date of this Act. 34 3. In January 2022, the members of the bar shall elect the 35 -3- LSB 1892XS (5) 87 jm/rj 3/ 7

S.F. 327 eligible elector as provided in subsection 1. 1 Sec. 7. NEW SECTION . 46.4A Chairperson of district judicial 2 nominating commission. 3 1. The district judge who is senior in length shall be the 4 chairperson of the district judicial nominating commission. 5 The chairperson shall be a nonvoting, advisory member of the 6 commission unless a vote ends in a tie, in such case the 7 chairperson is eligible to cast the tie-breaking vote. 8 2. If district judges have equal length of service, the 9 eldest of such judges shall be the chairperson of the district 10 judicial nominating commission. 11 Sec. 8. REPEAL. Section 46.6, Code 2017, is repealed. 12 Sec. 9. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 13 immediate importance, takes effect upon enactment. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the membership of the state judicial 18 nominating commission and the district judicial nominating 19 commissions. 20 The state judicial nominating commission nominates persons 21 for appointment by the governor to the supreme court and the 22 court of appeals. The judicial district nominating commissions 23 nominate persons for appointment by the governor to the 24 district court bench as district judges. 25 STATE JUDICIAL NOMINATING COMMISSION. The bill specifies 26 that members appointed to the state judicial nominating 27 commission by the governor shall be voting members of the 28 commission and members elected to the commission by members 29 of the state bar shall be advisory nonvoting members of the 30 commission. Current law provides that both appointed and 31 elected members of the state judicial nominating commission are 32 voting members. 33 The bill establishes a process for transitioning the voting 34 membership of the state judicial nominating commission from 35 -4- LSB 1892XS (5) 87 jm/rj 4/ 7

S.F. 327 eight members appointed by the governor and eight members 1 elected by the state bar to 16 members only appointed by the 2 governor. 3 In order for the state judicial nominating commission to 4 transition from eight appointed members to 16 appointed members 5 and to ensure each appointed member serves a six-year term, 6 and future terms are staggered, the size of the state judicial 7 nominating commission shall vary during the transitional period 8 under the bill. Beginning with the two appointive terms 9 ending on April 30, 2018, the governor shall appoint five 10 eligible electors to the state judicial nominating commission. 11 The appointive membership of the state judicial nominating 12 commission shall then consist of 11 appointed members from May 13 1, 2018, through April 30, 2020. Beginning with the three 14 appointive terms ending on April 30, 2020, the governor shall 15 appoint six eligible electors to the state judicial nominating 16 commission. The appointive membership of the state judicial 17 nominating commission shall then consist of 14 appointed 18 members from May 1, 2020, through April 30, 2022. Beginning 19 with the two appointive terms ending on April 30, 2022, the 20 governor shall appoint four eligible electors to the state 21 judicial nominating commission. The appointive membership 22 of the state judicial nominating commission, having achieved 23 the required number of appointed members, shall consist of 16 24 appointed members after May 1, 2022, and every year thereafter. 25 The bill reduces the number of members of the state judicial 26 nominating commission elected by the resident members of 27 the bar from seven members to one member by July 1, 2021, 28 and makes all current elected members nonvoting members of 29 the commission. The current members of the state judicial 30 nominating commission shall remain on the commission until the 31 respective term of the member ends. The last terms of current 32 elected members end on June 30, 2021. When the last terms 33 of current elected members end, the bill provides that the 34 resident members of the bar shall elect one eligible elector 35 -5- LSB 1892XS (5) 87 jm/rj 5/ 7

S.F. 327 of the state to the state judicial nominating commission for a 1 six-year, nonvoting term beginning July 1, 2021, and every six 2 years thereafter. 3 DISTRICT JUDICIAL NOMINATING COMMISSIONS. The bill 4 specifies that members appointed to the district judicial 5 nominating commissions by the governor shall be voting members 6 of the commissions and members elected to the commission by 7 members of the state bar shall be advisory, nonvoting members 8 of the commissions. Current law provides that both appointed 9 and elected members of the district judicial nominating 10 commissions are voting members. 11 Under the bill, the number of commissioners appointed by the 12 governor to serve on a district judicial nominating commission 13 remains at five commissioners. 14 The bill reduces the number of commissioners of a district 15 judicial nominating commission elected by the resident members 16 of the bar from five members to one member by February 1, 2022, 17 and makes all current elected members nonvoting members of 18 the commission. The current members of the district judicial 19 nominating commission shall remain on the commission until 20 their respective terms end. The last term of a current 21 elected member ends on January 31, 2022. When the last term 22 of a current elected member ends, the bill provides that the 23 resident members of the bar shall elect one eligible elector of 24 the state to the district judicial nominating commission for a 25 six-year, nonvoting term beginning February 1, 2022, and every 26 six years thereafter. 27 CHAIRPERSON OF STATE JUDICIAL NOMINATING COMMISSION OR 28 DISTRICT JUDICIAL NOMINATING COMMISSION. The bill repeals Code 29 section 46.6 relating to judicial officers with equal seniority 30 serving as chairperson of the state judicial nominating 31 commission or a district judicial nominating commission and 32 moves these provisions to new Code sections 46.2A and 46.4A 33 respectively. 34 The bill makes the justice of the supreme court, who is the 35 -6- LSB 1892XS (5) 87 jm/rj 6/ 7

S.F. 327 chairperson of the state judicial nominating commission, a 1 nonvoting, advisory member of the commission unless a vote ends 2 in a tie, in such case the bill provides that the chairperson 3 is eligible to cast the tie-breaking vote. 4 The bill also makes the district judge, who is chairperson 5 of the district judicial nominating commission, a nonvoting, 6 advisory member of the commission unless a vote ends in a 7 tie, in such case, the bill provides that the chairperson is 8 eligible to cast the tie-breaking vote. 9 EFFECTIVE DATE. The bill takes effect upon enactment. 10 -7- LSB 1892XS (5) 87 jm/rj 7/ 7