Senate Joint Resolution 2005 - Introduced SENATE JOINT RESOLUTION 2005 BY DAWSON SENA TE JOINT RESOLUTION A Joint Resolution proposing amendments to the Constitution 1 of the State of Iowa limiting years of service for members 2 of the general assembly, the governor, and judges of the 3 supreme court and court of appeals. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5959XS (4) 87 ss/rj
S.J.R. 2005 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 1. Section 3 of Article III of the Constitution of the State 3 of Iowa is repealed and the following adopted in lieu thereof: 4 Representatives —— term limitation. SEC. 3. The members of 5 the house of representatives shall be chosen every second year, 6 by the qualified electors of their respective districts, and 7 their term of office shall commence on the first day of January 8 next after their election, and continue two years, and until 9 their successors are elected and qualified. A person shall 10 not be elected for a term as representative if the term would 11 result in the person serving more than a total of sixteen years 12 in the general assembly. This limitation on years of service 13 applies to terms of office beginning on or after January 1, 14 2023, and for years of service occurring on or after January 15 1, 2023. 16 2. Section 5 of Article III of the Constitution of the State 17 of Iowa is repealed and the following adopted in lieu thereof: 18 Senators —— qualifications —— term limitation. SEC. 5. 19 Senators shall be chosen for the term of four years, at 20 the same time and place as representatives; they shall be 21 twenty-five years of age, and possess the qualifications of 22 representatives as to residence and citizenship. A person 23 shall not be elected for a term as senator if the term would 24 result in the person serving more than a total of sixteen years 25 in the general assembly. This limitation on terms of service 26 applies to terms of office beginning on or after January 1, 27 2023, and for years of service occurring on or after January 28 1, 2023. 29 Sec. 2. The following amendment to the Constitution of the 30 State of Iowa is proposed: 31 Section 6 of Article IV of the Constitution of the State of 32 Iowa is repealed and the following adopted in lieu thereof: 33 Eligibility —— term limitation. SEC. 6. No person shall be 34 eligible to the office of governor, or lieutenant governor, 35 -1- LSB 5959XS (4) 87 ss/rj 1/ 7
S.J.R. 2005 who shall not have been a citizen of the United States, and a 1 resident of the state, two years next preceding the election, 2 and attained the age of thirty years at the time of said 3 election. 4 A person shall not be elected for a term as governor if 5 the term would result in the person serving more than a total 6 of two terms as governor. If a person is elevated to serve 7 a portion of a term to which some other person was elected 8 but that person died in office or resigned from office or was 9 otherwise removed from office, that portion of a term served 10 shall not be included in the terms of service for purposes 11 of this limitation if the person did not serve for at least 12 one-half of the four-year term. This limitation on terms 13 of service applies to terms of office beginning on or after 14 January 1, 2023. 15 Sec. 3. The following amendment to the Constitution of the 16 State of Iowa is proposed: 17 Section 17 of Article V of the Constitution of the State of 18 Iowa, as added by the Amendment of 1962, is repealed and the 19 following adopted in lieu thereof: 20 Terms —— judicial elections —— term limitations. SEC. 17. 21 Members of all courts shall have such tenure in office as may 22 be fixed by law, but terms of supreme court judges shall be not 23 less than eight years and terms of district court judges shall 24 be not less than six years. Judges shall serve for one year 25 after appointment and until the first day of January following 26 the next judicial election after the expiration of such year. 27 They shall at such judicial election stand for retention in 28 office on a separate ballot which shall submit the question of 29 whether such judge shall be retained in office for the tenure 30 prescribed for such office and when such tenure is a term of 31 years, on their request, they shall, at the judicial election 32 next before the end of each term, stand again for retention on 33 such ballot. Present supreme court and district court judges, 34 at the expiration of their respective terms, may be retained 35 -2- LSB 5959XS (4) 87 ss/rj 2/ 7
S.J.R. 2005 in office in like manner for the tenure prescribed for such 1 office. 2 A person shall not be eligible to be elected or appointed for 3 a term as a supreme court judge if the term would result in the 4 person serving more than a total of two full terms as a supreme 5 court judge. This limitation on terms of service applies to 6 terms of office beginning on or after January 1, 2023. 7 The general assembly shall prescribe the time for holding 8 judicial elections. 9 Sec. 4. The following amendments to the Constitution of the 10 State of Iowa are proposed: 11 1. Section 1 of Article V of the Constitution of the State 12 of Iowa is amended to read as follows: 13 Courts. SECTION 1. The judicial power shall be vested in 14 a supreme court, court of appeals, district courts, and such 15 other courts, inferior to the supreme court, as the general 16 assembly may, from time to time, establish. 17 2. Section 15 of Article V of the Constitution of the State 18 of Iowa, as added by the Amendment of 1962, is amended to read 19 as follows: 20 Vacancies in courts. SEC. 15. Vacancies in the supreme 21 court , court of appeals, and district court shall be filled by 22 appointment by the governor from lists of nominees submitted 23 by the appropriate judicial nominating commission. Three 24 nominees shall be submitted for each supreme court vacancy, 25 three nominees shall be submitted for each court of appeals 26 vacancy, and two nominees shall be submitted for each district 27 court vacancy. If the governor fails for thirty days to make 28 the appointment, it shall be made from such nominees by the 29 chief justice of the supreme court. 30 3. Section 16 of Article V of the Constitution of the State 31 of Iowa, as added by the Amendment of 1962, is amended to read 32 as follows: 33 State and district nominating commissions. SEC. 16. There 34 shall be a state judicial nominating commission. Such 35 -3- LSB 5959XS (4) 87 ss/rj 3/ 7
S.J.R. 2005 commission shall make nominations to fill vacancies in the 1 supreme court and the court of appeals . Until July 4, 1973, 2 and thereafter unless otherwise provided by law, the state 3 judicial nominating commission shall be composed and selected 4 as follows: There shall be not less than three nor more than 5 eight appointive members, as provided by law, and an equal 6 number of elective members on such commission, all of whom 7 shall be electors of the state. The appointive members shall 8 be appointed by the governor subject to confirmation by the 9 senate. The elective members shall be elected by the resident 10 members of the bar of the state. The judge of the supreme court 11 who is senior in length of service on said court, other than 12 the chief justice, shall also be a member of such commission 13 and shall be its chairman. 14 There shall be a district judicial nominating commission in 15 each judicial district of the state. Such commissions shall 16 make nominations to fill vacancies in the district court within 17 their respective districts. Until July 4, 1973, and thereafter 18 unless otherwise provided by law, district judicial nominating 19 commissions shall be composed and selected as follows: There 20 shall be not less than three nor more than six appointive 21 members, as provided by law, and an equal number of elective 22 members on each such commission, all of whom shall be electors 23 of the district. The appointive members shall be appointed by 24 the governor. The elective members shall be elected by the 25 resident members of the bar of the district. The district 26 judge of such district who is senior in length of service shall 27 also be a member of such commission and shall be its chairman. 28 Due consideration shall be given to area representation in 29 the appointment and election of judicial nominating commission 30 members. Appointive and elective members of judicial 31 nominating commissions shall serve for six-year terms, shall be 32 ineligible for a second six-year term on the same commission, 33 shall hold no office of profit of the United States or of the 34 state during their terms, shall be chosen without reference to 35 -4- LSB 5959XS (4) 87 ss/rj 4/ 7
S.J.R. 2005 political affiliation, and shall have such other qualifications 1 as may be prescribed by law. As near as may be, the terms of 2 one-third of such members shall expire every two years. 3 4. Section 18 of Article V of the Constitution of the State 4 of Iowa, as added by the Amendment of 1962, is repealed and the 5 following adopted in lieu thereof: 6 Salaries —— qualifications —— retirement. SEC. 18. Judges of 7 the supreme court, court of appeals, and district court shall 8 receive salaries from the state, shall be members of the bar 9 of the state and shall have such other qualifications as may 10 be prescribed by law. Judges of the supreme court, court of 11 appeals, and district court shall be ineligible to any other 12 office of the state while serving on said court and for two 13 years thereafter, except that appeals court judges and district 14 court judges shall be eligible to the office of supreme court 15 judge. Other judicial officers shall be selected in such 16 manner and shall have such tenure, compensation, and other 17 qualification as may be fixed by law. The general assembly 18 shall prescribe mandatory retirement for judges of the supreme 19 court, court of appeals, and district court at a specified 20 age and shall provide for adequate retirement compensation. 21 Retired judges may be subject to special assignment to 22 temporary judicial duties by the supreme court, as provided by 23 law. 24 5. Article V of the Constitution of the State of Iowa is 25 amended by adding the following new section: 26 SEC. 18A. The court of appeals shall consist of such a 27 number of judges and have such jurisdiction and tenure in 28 office as may be fixed by law. 29 A person shall not be eligible to be elected or appointed 30 for a term as a court of appeals judge if the term would result 31 in the person serving more than a total of two full terms as a 32 court of appeals judge. This limitation on terms of service 33 applies to terms of office beginning on or after January 1, 34 2023. 35 -5- LSB 5959XS (4) 87 ss/rj 5/ 7
S.J.R. 2005 Sec. 5. REFERRAL AND PUBLICATION. The foregoing amendments 1 to the Constitution of the State of Iowa are referred to the 2 general assembly to be chosen at the next general election 3 for members of the general assembly, and the secretary of 4 state is directed to cause the same to be published for three 5 consecutive months previous to the date of that election as 6 provided by law. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This joint resolution proposes four amendments to the 11 Constitution of the State of Iowa limiting years of service 12 for persons elected to the general assembly, office of the 13 governor, supreme court, or court of appeals, and establishing 14 the court of appeals in the constitution. 15 The first amendment provides that a person shall not be 16 elected for a term as a representative or senator if the term 17 would result in the person serving more than 16 years in the 18 general assembly. 19 The second proposed amendment provides that a person shall 20 not be elected for a term as governor if the term would result 21 in the person serving more than two terms as governor. For the 22 purposes of this limitation, a person shall not be considered 23 to have served a term if that person was elevated to serve a 24 portion of a term as governor if that person did not serve at 25 least one-half of the full term. 26 The third proposed amendment provides that a person shall 27 not be elected or appointed to serve as a judge on the supreme 28 court if the term would result in the person serving more than 29 two full terms as a judge on the supreme court. 30 The fourth proposed amendment establishes the court of 31 appeals in the Constitution of the State of Iowa, provides that 32 three nominees for each vacancy in the court shall be submitted 33 by the state judicial nominating commission, from which the 34 governor shall select an appointee and provides for the payment 35 -6- LSB 5959XS (4) 87 ss/rj 6/ 7
S.J.R. 2005 of a salary to judges of the court, the establishment of a 1 mandatory retirement age, and a limitation on holding any other 2 office of the state until two years after retiring from the 3 court. The amendment provides that the court of appeals shall 4 consist of such a number of judges and have such jurisdiction 5 and term in office as may be fixed by law. The amendment also 6 provides that a person shall not be elected or appointed to 7 serve as a judge on the court of appeals if the term would 8 result in the person serving more than two terms as a judge on 9 the court of appeals. 10 The amendment applies to terms of office beginning on or 11 after January 1, 2023, and for years of service occurring on or 12 after January 1, 2023. 13 The resolution, if adopted, would be referred to the next 14 general assembly for adoption before being submitted to the 15 electorate for ratification. 16 -7- LSB 5959XS (4) 87 ss/rj 7/ 7