House File 503 - Introduced HOUSE FILE 503 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 110) A BILL FOR An Act relating to the membership and procedures of the 1 state judicial nominating commission and district 2 judicial nominating commission and to the selection and 3 qualifications of judges, associate judges, and the chief 4 justice, and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1707HV (6) 88 mo/jh

H.F. 503 DIVISION I 1 JUDICIAL NOMINATING COMMISSION MODERNIZATION 2 Section 1. Section 46.1, Code 2019, is amended to read as 3 follows: 4 46.1 Appointment of state judicial nominating commissioners 5 by the governor . 6 1. The governor shall appoint , subject to confirmation by 7 the senate, one eligible elector of each congressional district 8 eight eligible electors to the state judicial nominating 9 commission for a six-year term beginning and ending as provided 10 in section 69.19 . 11 2. The appointments made by the governor shall be staggered 12 terms of six years each and shall be made in the month of 13 January for terms commencing February 1 of odd-numbered years. 14 The terms of no more than three nor less than two of the members 15 commissioners shall expire within the same two-year period. 16 3. No more than a simple majority half of the members 17 commissioners appointed by the governor shall be of the same 18 gender. 19 4. At least half of the commissioners appointed by the 20 governor shall be admitted to practice law in Iowa. 21 5. All commissioners shall be chosen without reference to 22 political affiliation. 23 6. There shall be at least one commissioner appointed by 24 the governor from each congressional district and there shall 25 not be more than two commissioners appointed by the governor 26 from a single congressional district unless each congressional 27 district has at least two commissioners appointed by the 28 governor. 29 7. A commissioner who has served a full six-year term on the 30 state judicial nominating commission, whether the commissioner 31 was appointed or elected, shall be ineligible to be appointed 32 to a second six-year term. 33 8. No person may be appointed who holds an office of 34 profit of the United States or of the state at the time of 35 -1- LSB 1707HV (6) 88 mo/jh 1/ 39

H.F. 503 appointment. 1 Sec. 2. NEW SECTION . 46.1A Appointment of state judicial 2 nominating commissioner by supreme court. 3 1. The supreme court, by majority vote, shall appoint one 4 eligible elector to the state judicial nominating commission. 5 2. The appointment made by the supreme court shall be for a 6 term of six years and shall be made in the month of January for 7 a term commencing February 1. 8 3. The commissioner shall be chosen without reference to 9 political affiliation. 10 4. The supreme court shall give due consideration to area 11 representation on the commission when making an appointment. 12 5. A person appointed to replace a commissioner in the 13 middle of a term must be of the same gender as the commissioner 14 being replaced. A person appointed to replace a commissioner 15 upon the end of a term shall be of a different gender than the 16 commissioner being replaced. 17 6. A commissioner who has served a full six-year term on the 18 state judicial nominating commission, whether the commissioner 19 was appointed or elected, shall be ineligible to be appointed 20 to a second six-year term. 21 7. No person may be appointed who holds an office of 22 profit of the United States or of the state at the time of 23 appointment. 24 Sec. 3. Section 46.2, Code 2019, is amended by striking the 25 section and inserting in lieu thereof the following: 26 46.2 Appointment of state judicial nominating commissioners 27 by legislative leaders. 28 1. The speaker of the house, house minority leader, senate 29 majority leader, and senate minority leader shall each appoint 30 two eligible electors of different genders to the state 31 judicial nominating commission. 32 2. The appointments made by the legislative leaders 33 shall be staggered terms of six years each and shall be made 34 in the month of January for terms commencing February 1 of 35 -2- LSB 1707HV (6) 88 mo/jh 2/ 39

H.F. 503 odd-numbered years. The terms of no more than four nor less 1 than two of the members shall expire within the same two-year 2 period. 3 3. At least one of the commissioners appointed by each 4 legislative leader shall be admitted to practice law in Iowa. 5 4. All commissioners shall be chosen without reference to 6 political affiliation. 7 5. A legislative leader shall give due consideration to area 8 representation on the commission when making an appointment and 9 shall not make an appointment that results in two commissioners 10 serving from the same congressional district who were appointed 11 by a leader of the same party in the same chamber. 12 6. An appointment made to replace a commissioner, whether in 13 the middle of a term or upon the expiration of the term, shall 14 be made by the person holding the same legislative leadership 15 position that made the original appointment. 16 7. A person appointed to replace a commissioner, whether in 17 the middle of a term or upon the expiration of the term, must be 18 of the same gender as the commissioner being replaced. 19 8. A commissioner who has served a full six-year term on the 20 state judicial nominating commission, whether the commissioner 21 was appointed or elected, shall be ineligible to be appointed 22 to a second six-year term. 23 9. No person may be appointed who holds an office of 24 profit of the United States or of the state at the time of 25 appointment. 26 Sec. 4. Section 46.2A, Code 2019, is amended to read as 27 follows: 28 46.2A Special appointment or election of state judicial 29 nominating commission members commissioners . 30 1. As used in this section , “congressional district” 31 means those districts established following the 2010 federal 32 decennial census and described in chapter 40 . 33 2. Notwithstanding sections 46.1 and 46.2 , the terms of 34 the appointed and elected members commissioners of the state 35 -3- LSB 1707HV (6) 88 mo/jh 3/ 39

H.F. 503 judicial nominating commission serving on December 31, 2012, 1 the effective date of this Act shall expire at 11:59 p.m. on 2 that date. Notwithstanding section 69.1A, commissioners of 3 the state judicial nominating commission serving on that date 4 shall not hold over until the appointment of the successor 5 commissioners under this section. 6 3. The terms of newly appointed and elected members 7 commissioners of the state judicial nominating commission 8 shall commence on January 1, 2013, based upon the number of 9 congressional districts as enacted pursuant to chapter 42 at 10 12:00 a.m. on the day after the effective date of this Act . 11 4. The initial term of the appointed members commissioners 12 appointed by the governor shall be as follows: 13 a. In the congressional district described as the first 14 district, there shall be one member male commissioner with 15 a term of two years expiring on January 31, 2021, and one 16 member female commissioner with a term of six years expiring on 17 January 31, 2025 . 18 b. In the congressional district described as the second 19 district, there shall be one member female commissioner with a 20 term of two years expiring on January 31, 2021, and one member 21 male commissioner with a term of four years expiring on January 22 31, 2023 . 23 c. In the congressional district described as the third 24 district, there shall be one member female commissioner with a 25 term of four years expiring on January 31, 2023, and one member 26 male commissioner with a term of six years expiring on January 27 31, 2025 . 28 d. In the congressional district described as the fourth 29 district, there shall be one member male commissioner with a 30 term of two years expiring on January 31, 2021, and one member 31 female commissioner with a term of four years expiring on 32 January 31, 2025 . 33 5. The supreme court shall appoint one commissioner of any 34 gender with an initial term expiring on January 31, 2021. 35 -4- LSB 1707HV (6) 88 mo/jh 4/ 39

H.F. 503 5. 6. The initial term of the elected members commissioners 1 appointed by the speaker of the house, the house minority 2 leader, the senate majority leader, and the senate minority 3 leader shall be as follows: 4 a. In the congressional district described as the first 5 district, there shall be The speaker of the house shall appoint 6 one member male commissioner with a term of two years expiring 7 on January 31, 2023, and one member female commissioner with a 8 term of four years expiring on January 31, 2025 . 9 b. In the congressional district described as the second 10 district, there shall be The house minority leader shall 11 appoint one member male commissioner with a term of four 12 years expiring on January 31, 2023, and one member female 13 commissioner with a term of six years expiring on January 31, 14 2025 . 15 c. In the congressional district described as the third 16 district, there shall be The senate majority leader shall 17 appoint one member male commissioner with a term of two 18 years expiring on January 31, 2021, and one member female 19 commissioner with a term of six years expiring on January 31, 20 2023 . 21 d. In the congressional district described as the fourth 22 district, there shall be The senate minority leader shall 23 appoint one member male commissioner with a term of four 24 years expiring on January 31, 2021, and one member female 25 commissioner with a term of six years expiring on January 31, 26 2023 . 27 6. The appointed and elected members from each 28 congressional district shall be gender balanced as provided in 29 section 69.16A . 30 7. After the initial term is served pursuant to this 31 section , the appointed members new commissioners shall be 32 appointed to six-year terms by the governor as provided in 33 section 46.1 , and the elected members shall be elected to 34 six-year terms , by the supreme court as provided in section 35 -5- LSB 1707HV (6) 88 mo/jh 5/ 39

H.F. 503 46.1A, and by the legislative leaders as provided in section 1 46.2 . 2 8. If the state judicial nominating commission has received 3 notice of a vacancy and has not yet submitted nominees to the 4 governor prior to the effective date of this Act, any scheduled 5 meeting of the commission shall be postponed until the newly 6 appointed commission holds its first organizational meeting 7 properly noticed under section 46.13. The newly appointed 8 commission may choose to extend its nomination process or 9 conduct a new nomination process. In any such pending vacancy, 10 notwithstanding section 46.14, subsection 1, the commission 11 must certify to the governor and the chief justice the proper 12 number of nominees within sixty days of the effective date of 13 this Act. 14 Sec. 5. Section 46.3, Code 2019, is amended to read as 15 follows: 16 46.3 Appointment of district judicial nominating 17 commissioners by the governor . 18 1. The governor shall appoint five eligible electors of each 19 judicial election district to the district judicial nominating 20 commission. 21 2. The appointments made by the governor shall be to 22 staggered terms of six years each and shall be made in 23 the month of January for terms commencing February 1 of 24 even-numbered odd-numbered years. 25 3. No more than a simple majority of the commissioners 26 appointed by the governor shall be of the same gender. 27 4. All commissioners shall be chosen without reference to 28 political affiliation. 29 4. 5. Beginning with terms commencing February 1, 2012, 30 there There shall not be more than one appointed commissioner 31 from a county within a judicial election district unless 32 each county within the judicial election district has an 33 appointed or elected commissioner or the number of appointed 34 commissioners exceeds the number of counties within the 35 -6- LSB 1707HV (6) 88 mo/jh 6/ 39

H.F. 503 judicial election district. This subsection shall not be used 1 to remove an appointed commissioner from office prior to the 2 expiration of the commissioner’s term. 3 6. No person may be appointed who holds an office of 4 profit of the United States or of the state at the time of 5 appointment. 6 Sec. 6. NEW SECTION . 46.3A Appointment of district judicial 7 nominating commissioner by supreme court. 8 1. The supreme court, by majority vote, shall appoint one 9 eligible elector of each judicial election district to the 10 district judicial nominating commission. 11 2. The appointments made by the supreme court shall be for 12 terms of six years and shall be made in the month of January for 13 terms commencing February 1 of odd-numbered years. 14 3. The commissioners shall be chosen without reference to 15 political affiliation. 16 4. The supreme court shall give due consideration to area 17 representation on the commission when making an appointment. 18 5. A person appointed to replace a commissioner in the 19 middle of a term must be of the same gender as the commissioner 20 being replaced. A person appointed to replace a commissioner 21 upon the end of a term shall be of a different gender than the 22 commissioner being replaced. 23 6. A commissioner who has served a full six-year term 24 on the district judicial nominating commission, whether the 25 commissioner was appointed or elected, shall be ineligible to 26 be appointed to a second six-year term. 27 7. No person may be appointed who holds an office of 28 profit of the United States or of the state at the time of 29 appointment. 30 Sec. 7. Section 46.4, Code 2019, is amended by adding the 31 following new subsections: 32 NEW SUBSECTION . 3. A commissioner who has served a full 33 six-year term on the district judicial nominating commission, 34 whether the commissioner was appointed or elected, shall be 35 -7- LSB 1707HV (6) 88 mo/jh 7/ 39

H.F. 503 ineligible to be elected to a second six-year term. 1 NEW SUBSECTION . 4. No person may be elected who holds an 2 office of profit of the United States or of the state at the 3 time of appointment. 4 Sec. 8. NEW SECTION . 46.4A Special appointment of district 5 judicial nominating commissioners. 6 1. The initial term of the commissioners appointed by the 7 supreme court shall be as follows: 8 a. In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, 9 and the seventh judicial district, the supreme court shall 10 appoint one male commissioner with a term expiring on January 11 31, 2021. 12 b. In judicial election district 1B, 2B, 3B, 5B, 8B, and the 13 fourth and sixth judicial districts, the supreme court shall 14 appoint one female commissioner with a term expiring on January 15 31, 2025. 16 2. After the initial term is served pursuant to subsection 17 1, new commissioners shall be appointed to six-year terms by 18 the supreme court as provided in section 46.3A. 19 3. If a district judicial nominating commission has 20 received notice of a vacancy and has not yet submitted nominees 21 to the governor prior to the effective date of this Act, any 22 scheduled meeting of the commission shall be postponed until 23 any new commissioner is appointed pursuant to this section and 24 the commission holds a new organizational meeting properly 25 noticed under section 46.13. The commission may choose to 26 continue with its currently scheduled nomination process, 27 extend its nomination process, or conduct a new nomination 28 process. In any such pending vacancy, notwithstanding section 29 46.14, subsection 1, the commission must certify to the 30 governor and the chief justice the proper number of nominees 31 within sixty days of the effective date of this Act. 32 Sec. 9. Section 46.5, Code 2019, is amended to read as 33 follows: 34 46.5 Vacancies. 35 -8- LSB 1707HV (6) 88 mo/jh 8/ 39

H.F. 503 1. When a vacancy occurs in the office of an appointive 1 judicial nominating commissioner, the chairperson of 2 the particular commission or the governor shall promptly 3 notify the governor appointing authority in writing of such 4 fact. Vacancies in the office of an appointive judicial 5 nominating commissioner shall be filled by appointment by 6 the governor same appointing authority that appointed the 7 previous commissioner where the vacancy occurred , consistent 8 with eligibility requirements. The term of state judicial 9 nominating commissioners so appointed shall commence upon 10 their appointment pending confirmation by the senate at the 11 then session of the general assembly or at its next session 12 if it is not then in session. The term of district judicial 13 nominating commissioners so appointed shall commence upon their 14 appointment. 15 2. Except where the term has less than ninety days 16 remaining, vacancies in the office of elective member of the 17 state judicial nominating commission shall be filled consistent 18 with eligibility requirements by a special election within the 19 congressional district where the vacancy occurs, such election 20 to be conducted as provided in sections 46.9 and 46.10 . An 21 appointive commissioner shall be deemed to have submitted a 22 resignation if the commissioner fails to attend a meeting of 23 the commission that is properly noticed under section 46.13 24 and at which the commission conducts interviews or selects 25 nominees for judicial office. The appointing authority of 26 the commissioner in the appointing authority’s discretion may 27 accept or reject the resignation. If the appointing authority 28 accepts the resignation, the appointing authority shall notify 29 the commissioner and the chairperson of the commission in 30 writing and shall then make another appointment. 31 3. Vacancies in the office of elective district judicial 32 nominating commissioner of district judicial nominating 33 commissions shall be filled consistent with eligibility 34 requirements and by majority vote of the authorized number of 35 -9- LSB 1707HV (6) 88 mo/jh 9/ 39

H.F. 503 elective members of the particular commission, at a meeting of 1 such members called in the manner provided in section 46.13 . 2 The term of judicial nominating commissioners so chosen shall 3 commence upon their selection by a special election within the 4 judicial election district where the vacancy occurs unless the 5 term has less than ninety days remaining, in which case the 6 office shall remain vacant. The special election shall be 7 completed within ninety days of the vacancy arising and shall 8 be conducted as provided in sections 46.9, 46.9A, and 46.10 . 9 4. If a vacancy occurs in the office of chairperson of 10 a judicial nominating commission, or in the members of the 11 particular commission shall elect a new chairperson as provided 12 in section 46.6. In the absence of the chairperson, the 13 members of the particular commission shall elect a temporary 14 chairperson from their own number. 15 5. When a vacancy in an office of an elective judicial 16 nominating commissioner occurs, the state court administrator 17 shall cause to be mailed to each member of the bar whose name 18 appears on the certified list prepared pursuant to section 46.8 19 for the district or districts affected, a notice stating the 20 existence of the vacancy, the requirements for eligibility, 21 and the manner in which the vacancy will be filled. Other 22 items may be included in the same mailing if they are on sheets 23 separate from the notice. The election of a district judicial 24 nominating commissioner or the close of nominations for a state 25 judicial nominating commissioner shall not occur until thirty 26 days after the mailing of the notice. Notwithstanding section 27 69.1A, appointed and elected commissioners on the state and 28 district judicial nominating commissions shall not hold over 29 until their successor is elected and qualified. 30 Sec. 10. Section 46.6, Code 2019, is amended to read as 31 follows: 32 46.6 Equal seniority Chairperson . 33 If the judges of longest service, other than the chief 34 justice, of the supreme court or of the district court in 35 -10- LSB 1707HV (6) 88 mo/jh 10/ 39

H.F. 503 a district are of equal service, the eldest of such judges 1 shall be chairperson of the particular judicial nominating 2 commission. The commissioners of a particular judicial 3 nominating commission shall elect a chairperson from their 4 own number. The chairperson shall serve a two-year term that 5 expires on January 31 of odd-numbered years. A commissioner 6 may be reelected for a second or third term as chairperson. 7 If a chairperson of a judicial nominating commission desires 8 to be relieved of the duties of chairperson while retaining 9 the status of commissioner, the chairperson shall notify the 10 governor and the other commissioners of the commission. At the 11 next meeting of the commission, the commissioners shall elect a 12 new chairperson for the remainder of the two-year term. 13 Sec. 11. Section 46.7, Code 2019, is amended to read as 14 follows: 15 46.7 Eligibility to vote. 16 To be eligible to vote in elections of district judicial 17 nominating commissioners, a member of the bar must be eligible 18 to practice and must be a resident of the state of Iowa and of 19 the appropriate congressional district or judicial election 20 district as shown by the member’s most recent filing with the 21 supreme court for the purposes of showing compliance with 22 the court’s continuing legal education requirements, or for 23 members of the bar eligible to practice who are not required 24 to file such compliance, any paper on file by July 1 with the 25 state court administrator, for the purpose of establishing 26 eligibility to vote under this section , which the court 27 determines to show the requisite residency requirements at the 28 time the member votes in the election . The member’s residency 29 shall be determined by the home address shown on the member’s 30 most recent electronic or paper submission to the commission 31 on continuing education and the client security commission or 32 on the member’s bar admission records. A judge who has been 33 admitted to the bar of the state of Iowa shall be considered a 34 member of the bar. 35 -11- LSB 1707HV (6) 88 mo/jh 11/ 39

H.F. 503 Sec. 12. Section 46.8, Code 2019, is amended to read as 1 follows: 2 46.8 Certified list. 3 Each year the The state court administrator shall certify a 4 maintain a certified list of the names, addresses, and years 5 of admission of members of the bar who are eligible to vote for 6 state and district judicial nominating commissioners. 7 Sec. 13. Section 46.9, Code 2019, is amended to read as 8 follows: 9 46.9 Conduct of elections. 10 When an election of judicial nominating commissioners is 11 to be held, the state court administrator shall administer 12 the voting. The state court administrator may administer 13 the voting by electronic notification and voting or by paper 14 ballot mailed to each eligible attorney. The state court 15 administrator shall mail paper ballots to eligible attorneys or 16 electronically notify and enable eligible attorneys to vote. 17 The elector receiving the most votes shall be elected. When 18 more than one commissioner is to be elected, the electors 19 receiving the most votes shall be elected, in the same number 20 as the offices to be filled. The election results, including 21 the number of votes cast for each elector and the total number 22 of members of the bar eligible to vote in each election, shall 23 be made publicly available on the judicial branch internet 24 site and shall be reported to the governor and to the general 25 assembly within ten days after the conclusion of the election. 26 Sec. 14. Section 46.9A, Code 2019, is amended to read as 27 follows: 28 46.9A Notice preceding nomination of elective district 29 judicial nominating commissioners. 30 At least sixty days prior to the expiration of the term of an 31 elective state or district judicial nominating commissioner or 32 the expiration of the period within which a special election 33 must be held , the state court administrator shall mail paper 34 ballots to eligible attorneys or electronically notify and 35 -12- LSB 1707HV (6) 88 mo/jh 12/ 39

H.F. 503 enable eligible attorneys to vote. An eligible attorney is 1 a member of the bar whose name appears on the certified list 2 prepared pursuant to section 46.8 for the district or districts 3 affected provide notice of the current or upcoming vacancy 4 and the nomination and election process by making the notice 5 publicly available on the judicial branch internet site, 6 issuing a press release, and electronically notifying members 7 of the bar. The election shall not commence until at least 8 thirty days after the issuance of the notice required by this 9 section . 10 Sec. 15. Section 46.10, Code 2019, is amended to read as 11 follows: 12 46.10 Nomination of elective district judicial nominating 13 commissioners. 14 1. In order to have an eligible elector’s name printed 15 on the ballot for state or district judicial nominating 16 commissioner, the eligible elector must file in the office of 17 the state court administrator at least thirty days prior to 18 expiration of the period within which the election must be 19 held a nominating petition signed by at least fifty resident 20 members of the bar of the congressional district in case of a 21 candidate for state judicial nominating commissioner, or at 22 least ten resident members of the bar eligible electors of the 23 judicial district in case of a candidate for district judicial 24 nominating commissioner . No member of the bar may sign more 25 nominating petitions for state or district judicial nominating 26 commissioner than there are such commissioners to be elected. 27 2. Ballots or electronic voting forms for state and district 28 judicial nominating commissioners shall contain blank lines 29 equal to the number of such commissioners to be elected, where 30 names may be written in. Any electronic voting form must 31 permit a voter to write in the name of any eligible elector. 32 Sec. 16. Section 46.11, Code 2019, is amended to read as 33 follows: 34 46.11 Certification of commissioners. 35 -13- LSB 1707HV (6) 88 mo/jh 13/ 39

H.F. 503 The Upon making an appointment, the governor and the 1 state court administrator respectively , the supreme court, 2 or legislative leader shall promptly certify the names and 3 addresses of appointive and elective judicial nominating 4 commissioners to the state commissioner of elections and 5 the chairperson of the respective nominating commissions 6 governor . Upon the completion of an election, the state 7 court administrator shall certify the names and addresses of 8 the elected judicial nominating commissioners to the state 9 commissioner of elections and the governor. 10 Sec. 17. Section 46.12, subsection 1, Code 2019, is amended 11 to read as follows: 12 1. When a vacancy occurs or will occur within one hundred 13 twenty days in the supreme court, the court of appeals, or 14 district court, the state commissioner of elections shall 15 forthwith so notify the chairperson of the proper judicial 16 nominating commission governor . The chairperson governor shall 17 call a meeting of the proper judicial nominating commission 18 within ten days after such notice; if the chairperson governor 19 fails to do so, the chief justice shall call such meeting. 20 Sec. 18. Section 46.13, Code 2019, is amended to read as 21 follows: 22 46.13 Notice of meetings and application process . 23 1. The governor or chairperson of each judicial nominating 24 commission shall give the members of the commission at least 25 five days’ written notice by mail or electronic mail of the 26 time and place of every meeting, except as to members who 27 execute written waivers of notice at or before the meeting or 28 unless the commission at its next previous meeting designated 29 the time and place of the meeting. 30 2. Each commission, with the technical support of the 31 judicial branch, shall publish all of the following on the 32 judicial branch website: 33 a. Notice that the commission is accepting applications 34 for judge or justice along with a copy of the application form 35 -14- LSB 1707HV (6) 88 mo/jh 14/ 39

H.F. 503 at least two weeks before applications are required to be 1 submitted to the commission. 2 b. Copies of nonconfidential application materials submitted 3 by applicants. 4 c. The schedule of applicant interviews before the 5 commission. 6 d. The list of nominees submitted by the commission to the 7 governor and the chief justice. 8 3. Commissioners shall be permitted to conduct individual 9 interviews with applicants in advance of the commission’s 10 meetings to choose the nominees. 11 4. The state judicial nominating commission shall adopt 12 uniform rules for the state and district judicial nominating 13 commissions that shall be consistent with this chapter 14 and shall provide for a uniform and fair process for the 15 commissions to consider applicants and select nominees. The 16 state judicial nominating commission shall provide for a public 17 comment period of at least thirty days on its proposed uniform 18 rules prior to adopting the rules and shall adopt the rules 19 within six months of the effective date of this Act. Such 20 rules shall be made publicly available on the judicial branch 21 internet site. 22 Sec. 19. Section 46.14, subsection 1, Code 2019, is amended 23 to read as follows: 24 1. Each judicial nominating commission shall carefully 25 consider the individuals available for judge, and within sixty 26 days after receiving notice of a vacancy shall certify to the 27 governor and the chief justice the proper number of nominees, 28 in alphabetical order. Such nominees shall be chosen by the 29 affirmative vote of a majority of the full statutory number 30 of commissioners upon the basis of their qualifications and 31 without regard to political affiliation. Nominees shall be 32 members of the bar of Iowa, shall be residents of the state or 33 district of the court to which they are nominated , and shall 34 be of such age that they will be able to serve an initial and 35 -15- LSB 1707HV (6) 88 mo/jh 15/ 39

H.F. 503 one regular term of office to which they are nominated before 1 reaching the age of seventy-two years. Nominees for district 2 judge shall file a certified application form, to be provided 3 by the supreme court, with the chairperson of the district 4 judicial nominating commission. Nominees to the district court 5 must reside in the judicial election district to which they 6 are nominated or in another judicial election district in the 7 same judicial district as the judicial election district to 8 which they are nominated. Absence of a commissioner or vacancy 9 upon the commission shall not invalidate a nomination. The 10 chairperson of the commission shall promptly certify the names 11 of the nominees, in alphabetical order, to the governor and the 12 chief justice by sending by electronic mail the certification 13 to the governor and chief justice or their designees on the day 14 of nomination . 15 Sec. 20. Section 46.14A, Code 2019, is amended to read as 16 follows: 17 46.14A Court of appeals —— nominees. 18 Vacancies in the court of appeals shall be filled by 19 appointment by the governor from a list of nominees submitted 20 by the state judicial nominating commission. Three Five 21 nominees shall be submitted for each vacancy. Nominees to the 22 court of appeals shall have the qualifications prescribed for 23 nominees to the supreme court. 24 Sec. 21. Section 602.6201, subsection 2, Code 2019, is 25 amended to read as follows: 26 2. A district judge must be a resident of the judicial 27 election district in which appointed and retained before 28 assuming office and during the entire term of office . Subject 29 to the provision for reassignment of judges under section 30 602.6108 , a district judge shall serve in the district of the 31 judge’s residence while in office, regardless of the number of 32 judgeships to which the district is entitled under the formula 33 prescribed by the supreme court in subsection 3 . 34 Sec. 22. NEW SECTION . 46.15A Severability and judicial 35 -16- LSB 1707HV (6) 88 mo/jh 16/ 39

H.F. 503 review. 1 1. If any provision or clause of this chapter or any 2 application of this chapter to any person or circumstances 3 is held invalid, such invalidity shall not affect other 4 provisions, clauses, or applications of this chapter which can 5 be given effect without the invalid provision or application, 6 and to this end the provisions and clauses of this chapter are 7 declared to be severable. 8 2. Notwithstanding any provision of law to the contrary, if 9 section 46.2A, subsection 2, as amended by this Act, is held 10 invalid, the appointed and elected commissioners currently 11 serving six-year terms on the state judicial nominating 12 commission on the effective date of this Act shall continue to 13 serve until the expiration of their six-year terms, in addition 14 to the new members appointed pursuant to section 46.2A, as 15 amended by this Act. Upon the expiration of the currently 16 serving commissioners or upon their office becoming vacant 17 prior to the expiration of their terms, the offices shall not 18 be filled. 19 3. Notwithstanding any provision of law to the contrary, 20 if any provision of this chapter is preliminarily enjoined, 21 no judicial nominating commission shall meet to nominate 22 persons to serve as a judge or justice while the preliminary 23 injunction is in effect or while any appeal of the preliminary 24 injunction or a related permanent injunction is pending unless 25 the injunction is subsequently stayed or otherwise lifted. 26 Sec. 23. REPEAL. Section 602.11111, Code 2019, is repealed. 27 Sec. 24. EFFECTIVE UPON ENACTMENT. This division of this 28 Act, being deemed of immediate importance, takes effect upon 29 enactment. 30 DIVISION II 31 ASSOCIATE JUDGE SELECTION 32 Sec. 25. Section 602.2301, subsection 2, Code 2019, is 33 amended to read as follows: 34 2. Notwithstanding sections 602.6304 , 602.7103B , and 35 -17- LSB 1707HV (6) 88 mo/jh 17/ 39

H.F. 503 633.20B , the chief justice may order any county magistrate 1 appointing commission the state commissioner of elections 2 to delay, for budgetary reasons, publicizing the notice the 3 sending of a notification to the governor that a vacancy in 4 the office of a vacancy for a district associate judgeship 5 judge , associate juvenile judgeship judge , or associate probate 6 judgeship judge has occurred or will occur . 7 Sec. 26. Section 602.6302, subsection 2, Code 2019, is 8 amended to read as follows: 9 2. An order of substitution shall not take effect unless 10 a copy of the order is received by the chairperson of the 11 county magistrate appointing commission or commissions and 12 the governor no later than May 31 of the year in which the 13 substitution is to take effect. A copy of the order shall also 14 be sent to the state court administrator. 15 Sec. 27. Section 602.6303, subsection 2, Code 2019, is 16 amended to read as follows: 17 2. An order of substitution shall not take effect unless 18 a copy of the order is received by the chairperson of the 19 county magistrate appointing commission or commissions and 20 the governor no later than May 31 of the year in which the 21 substitution is to take effect. The order shall designate the 22 county of appointment for each magistrate. A copy of the order 23 shall also be sent to the state court administrator. 24 Sec. 28. Section 602.6304, Code 2019, is amended to read as 25 follows: 26 602.6304 Appointment and resignation of district associate 27 judges. 28 1. The district associate judges authorized by sections 29 602.6301 and 602.6302 shall be appointed by the district 30 judges of the judicial election district governor from persons 31 nominated by the county magistrate appointing district judicial 32 nominating commission in the same manner as district judges 33 under chapter 46 . In the case of a district associate judge 34 to be appointed to more than one county, the appointment 35 -18- LSB 1707HV (6) 88 mo/jh 18/ 39