Senate File 237 - Introduced SENATE FILE 237 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1101) 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 1707SV (1) 88 mo/jh

S.F. 237 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 1707SV (1) 88 mo/jh 1/ 35

S.F. 237 appointment. 1 Sec. 2. Section 46.2, Code 2019, is amended by striking the 2 section and inserting in lieu thereof the following: 3 46.2 Appointment of state judicial nominating commissioners 4 by legislative leaders. 5 1. The speaker of the house, house minority leader, senate 6 majority leader, and senate minority leader shall each appoint 7 two eligible electors of different genders to the state 8 judicial nominating commission. 9 2. The appointments made by the legislative leaders 10 shall be staggered terms of six years each and shall be made 11 in the month of January for terms commencing February 1 of 12 odd-numbered years. The terms of no more than four nor less 13 than two of the members shall expire within the same two-year 14 period. 15 3. At least one of the commissioners appointed by each 16 legislative leader shall be admitted to practice law in Iowa. 17 4. All commissioners shall be chosen without reference to 18 political affiliation. 19 5. A legislative leader shall give due consideration to area 20 representation on the commission when making an appointment and 21 shall not make an appointment that results in two commissioners 22 serving from the same congressional district who were appointed 23 by a leader of the same party in the same chamber. 24 6. An appointment made to replace a commissioner, whether in 25 the middle of a term or upon the expiration of the term, shall 26 be made by the person holding the same legislative leadership 27 position that made the original appointment. 28 7. A person appointed to replace a commissioner, whether in 29 the middle of a term or upon the expiration of the term, must be 30 of the same gender as the commissioner being replaced. 31 8. A commissioner who has served a full six-year term on the 32 state judicial nominating commission, whether the commissioner 33 was appointed or elected, shall be ineligible to be appointed 34 to a second six-year term. 35 -2- LSB 1707SV (1) 88 mo/jh 2/ 35

S.F. 237 9. No person may be appointed who holds an office of 1 profit of the United States or of the state at the time of 2 appointment. 3 Sec. 3. Section 46.2A, Code 2019, is amended to read as 4 follows: 5 46.2A Special appointment or election of state judicial 6 nominating commission members commissioners . 7 1. As used in this section , “congressional district” 8 means those districts established following the 2010 federal 9 decennial census and described in chapter 40 . 10 2. Notwithstanding sections 46.1 and 46.2 , the terms of 11 the appointed and elected members commissioners of the state 12 judicial nominating commission serving on December 31, 2012, 13 the effective date of this Act shall expire at 11:59 p.m. on 14 that date. Notwithstanding section 69.1A, commissioners of 15 the state judicial nominating commission serving on that date 16 shall not hold over until the appointment of the successor 17 commissioners under this section. 18 3. The terms of newly appointed and elected members 19 commissioners of the state judicial nominating commission 20 shall commence on January 1, 2013, based upon the number of 21 congressional districts as enacted pursuant to chapter 42 at 22 12:00 a.m. on the day after the effective date of this Act . 23 4. The initial term of the appointed members commissioners 24 appointed by the governor shall be as follows: 25 a. In the congressional district described as the first 26 district, there shall be one member male commissioner with 27 a term of two years expiring on January 31, 2021, and one 28 member female commissioner with a term of six years expiring on 29 January 31, 2025 . 30 b. In the congressional district described as the second 31 district, there shall be one member female commissioner with a 32 term of two years expiring on January 31, 2021, and one member 33 male commissioner with a term of four years expiring on January 34 31, 2023 . 35 -3- LSB 1707SV (1) 88 mo/jh 3/ 35

S.F. 237 c. In the congressional district described as the third 1 district, there shall be one member female commissioner with a 2 term of four years expiring on January 31, 2023, and one member 3 male commissioner with a term of six years expiring on January 4 31, 2025 . 5 d. In the congressional district described as the fourth 6 district, there shall be one member male commissioner with a 7 term of two years expiring on January 31, 2021, and one member 8 female commissioner with a term of four years expiring on 9 January 31, 2025 . 10 5. The initial term of the elected members commissioners 11 appointed by the speaker of the house, the house minority 12 leader, the senate majority leader, and the senate minority 13 leader shall be as follows: 14 a. In the congressional district described as the first 15 district, there shall be The speaker of the house shall appoint 16 one member male commissioner with a term of two years expiring 17 on January 31, 2023, and one member female commissioner with a 18 term of four years expiring on January 31, 2025 . 19 b. In the congressional district described as the second 20 district, there shall be The house minority leader shall 21 appoint one member male commissioner with a term of four 22 years expiring on January 31, 2023, and one member female 23 commissioner with a term of six years expiring on January 31, 24 2025 . 25 c. In the congressional district described as the third 26 district, there shall be The senate majority leader shall 27 appoint one member male commissioner with a term of two 28 years expiring on January 31, 2021, and one member female 29 commissioner with a term of six years expiring on January 31, 30 2023 . 31 d. In the congressional district described as the fourth 32 district, there shall be The senate minority leader shall 33 appoint one member male commissioner with a term of four 34 years expiring on January 31, 2021, and one member female 35 -4- LSB 1707SV (1) 88 mo/jh 4/ 35

S.F. 237 commissioner with a term of six years expiring on January 31, 1 2023 . 2 6. The appointed and elected members from each 3 congressional district shall be gender balanced as provided in 4 section 69.16A . 5 7. 6. After the initial term is served pursuant to this 6 section , the appointed members commissioners shall be appointed 7 to six-year terms by the governor as provided in section 46.1 , 8 and the elected members shall be elected to six-year terms and 9 by the legislative leaders as provided in section 46.2 . 10 7. If the state judicial nominating commission has received 11 notice of a vacancy and has not yet submitted nominees to 12 the governor prior to the effective date of this Act, the 13 newly appointed commission may choose to extend its nomination 14 process or conduct a new nomination process. In any such 15 pending vacancy, notwithstanding section 46.14, subsection 16 1, the commission must certify to the governor and the chief 17 justice the proper number of nominees within sixty days of the 18 effective date of this Act. 19 Sec. 4. Section 46.3, Code 2019, is amended to read as 20 follows: 21 46.3 Appointment of district judicial nominating 22 commissioners by the governor . 23 1. The governor shall appoint five four eligible electors 24 of each judicial election district to the district judicial 25 nominating commission. 26 2. The appointments made by the governor shall be to 27 staggered terms of six years each and shall be made in 28 the month of January for terms commencing February 1 of 29 even-numbered odd-numbered years. 30 3. No more than a simple majority half of the commissioners 31 appointed by the governor shall be of the same gender. 32 4. All commissioners shall be chosen without reference to 33 political affiliation. 34 4. 5. Beginning with terms commencing February 1, 2012, 35 -5- LSB 1707SV (1) 88 mo/jh 5/ 35

S.F. 237 there There shall not be more than one appointed commissioner 1 from a county within a judicial election district unless 2 each county within the judicial election district has an 3 appointed or elected commissioner or the number of appointed 4 commissioners exceeds the number of counties within the 5 judicial election district. This subsection shall not be used 6 to remove an appointed commissioner from office prior to the 7 expiration of the commissioner’s term. 8 6. No person may be appointed who holds an office of 9 profit of the United States or of the state at the time of 10 appointment. 11 Sec. 5. Section 46.4, Code 2019, is amended by striking the 12 section and inserting in lieu thereof the following: 13 46.4 Appointment of district judicial nominating 14 commissioners by legislative leaders. 15 1. The speaker of the house, house minority leader, senate 16 majority leader, and senate minority leader shall each appoint 17 one eligible elector of each judicial election district to the 18 district judicial nominating commission. 19 2. The appointments made by the legislative leaders 20 shall be staggered terms of six years each and shall be made 21 in the month of January for terms commencing February 1 of 22 odd-numbered years. The terms of no more than two of the 23 commissioners appointed by legislative leaders on a district 24 judicial nominating commission shall expire within the same 25 two-year period. 26 3. All the commissioners appointed by the legislative 27 leaders shall be admitted to practice law in Iowa. 28 4. All commissioners shall be chosen without reference to 29 political affiliation. 30 5. A legislative leader shall give due consideration to area 31 representation on the commission when making an appointment. 32 6. An appointment made to replace a commissioner, whether in 33 the middle of a term or upon the expiration of the term, shall 34 be made by the person holding the same leadership position that 35 -6- LSB 1707SV (1) 88 mo/jh 6/ 35

S.F. 237 originally appointed the commissioner. 1 7. A person appointed to replace a commissioner in the 2 middle of a term must be of the same gender as the commissioner 3 being replaced. A person appointed to replace a commissioner 4 upon the end of a term shall be of a different gender than the 5 commissioner being replaced. 6 8. A commissioner who has served a full six-year term 7 on the district judicial nominating commission, whether the 8 commissioner was appointed or elected, shall be ineligible to 9 be appointed to a second six-year term. 10 9. No person may be appointed who holds an office of 11 profit of the United States or of the state at the time of 12 appointment. 13 Sec. 6. NEW SECTION . 46.4A Special appointment of district 14 judicial nominating commissioners. 15 1. Notwithstanding sections 46.3 and 46.4, the terms of the 16 appointed and elected commissioners of the district judicial 17 nominating commission serving on the effective date of this 18 Act shall expire at 11:59 p.m. on that date. Notwithstanding 19 section 69.1A, commissioners of the district judicial 20 nominating commission serving on that date shall not hold over 21 until the appointment of the successor commissioners under this 22 section. 23 2. The terms of newly appointed commissioners of the 24 district judicial nominating commission shall commence at 12:00 25 a.m. on the day after the effective date of this Act. 26 3. The initial term of the commissioners appointed by the 27 governor shall be as follows: 28 a. In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, 29 and the seventh judicial district, the governor shall appoint 30 one male commissioner with a term expiring on January 31, 2021, 31 one female commissioner with a term expiring on January 31, 32 2021, one male commissioner with a term expiring on January 33 31, 2023, and one female commissioner with a term expiring on 34 January 31, 2025. 35 -7- LSB 1707SV (1) 88 mo/jh 7/ 35

S.F. 237 b. In judicial election districts 1B, 2B, 3B, 5B, 8B, 1 and the fourth and sixth judicial districts, the governor 2 shall appoint one female commissioner with a term expiring on 3 January 31, 2021, one male commissioner with a term expiring on 4 January 31, 2023, one female commissioner with a term expiring 5 on January 31, 2025, and one male commissioner with a term 6 expiring on January 31, 2025. 7 4. The initial term of the commissioners appointed by the 8 speaker of the house, the house minority leader, the senate 9 majority leader, and the senate minority leader shall be as 10 follows in judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, 11 and the seventh judicial district: 12 a. The speaker of the house shall appoint one male 13 commissioner with a term expiring on January 31, 2023. 14 b. The house minority leader shall appoint one female 15 commissioner with a term expiring on January 31, 2023. 16 c. The senate majority leader shall appoint one female 17 commissioner with a term expiring on January 31, 2025. 18 d. The senate minority leader shall appoint one male 19 commissioner with a term expiring on January 31, 2025. 20 5. The initial term of the commissioners appointed by the 21 speaker of the house, the house minority leader, the senate 22 majority leader, and the senate minority leader shall be as 23 follows in judicial election districts 1B, 2B, 3B, 5B, 8B, and 24 the fourth and sixth judicial districts: 25 a. The speaker of the house shall appoint one female 26 commissioner with a term expiring on January 31, 2021. 27 b. The house minority leader shall appoint one male 28 commissioner with a term expiring on January 31, 2021. 29 c. The senate majority leader shall appoint one male 30 commissioner with a term expiring on January 31, 2023. 31 d. The senate minority leader shall appoint one female 32 commissioner with a term expiring on January 31, 2023. 33 6. After the initial term is served pursuant to this 34 section, commissioners shall be appointed to six-year terms by 35 -8- LSB 1707SV (1) 88 mo/jh 8/ 35

S.F. 237 the governor as provided in section 46.3 and by the legislative 1 leaders as provided in section 46.4. 2 7. If a district judicial nominating commission has 3 received notice of a vacancy and has not yet submitted nominees 4 to the governor prior to the effective date of this Act, the 5 newly appointed commission may choose to extend its nomination 6 process or conduct a new nomination process. In any such 7 pending vacancy, notwithstanding section 46.14, subsection 8 1, the commission must certify to the governor and the chief 9 justice the proper number of nominees within sixty days of the 10 effective date of this Act. 11 Sec. 7. Section 46.5, Code 2019, is amended to read as 12 follows: 13 46.5 Vacancies. 14 1. When a vacancy occurs in the office of appointive 15 a judicial nominating commissioner, the chairperson of 16 the particular commission or the governor shall promptly 17 notify the governor appointing authority in writing of such 18 fact. Vacancies in the office of appointive a judicial 19 nominating commissioner shall be filled by appointment by 20 the governor or applicable legislative leader , consistent 21 with eligibility requirements. The term of state judicial 22 nominating commissioners so appointed shall commence upon 23 their appointment pending confirmation by the senate at the 24 then session of the general assembly or at its next session 25 if it is not then in session. The term of district judicial 26 nominating commissioners so appointed shall commence upon their 27 appointment. 28 2. Except where the term has less than ninety days 29 remaining, vacancies in the office of elective member of the 30 state judicial nominating commission shall be filled consistent 31 with eligibility requirements by a special election within 32 the congressional district where the vacancy occurs, such 33 election to be conducted as provided in sections 46.9 and 34 46.10 . A commissioner shall be deemed to have submitted a 35 -9- LSB 1707SV (1) 88 mo/jh 9/ 35

S.F. 237 resignation if the commissioner fails to attend a meeting of 1 the commission that is properly noticed under section 46.13 2 and at which the commission conducts interviews or selects 3 nominees for judicial office. The appointing authority of 4 the commissioner in the appointing authority’s discretion may 5 accept or reject the resignation. If the appointing authority 6 accepts the resignation, the appointing authority shall notify 7 the commissioner and the chairperson of the commission in 8 writing and shall then make another appointment. 9 3. Vacancies in the office of elective judicial nominating 10 commissioner of district judicial nominating commissions shall 11 be filled consistent with eligibility requirements and by 12 majority vote of the authorized number of elective members of 13 the particular commission, at a meeting of such members called 14 in the manner provided in section 46.13 . The term of judicial 15 nominating commissioners so chosen shall commence upon their 16 selection. 17 4. 3. If a vacancy occurs in the office of chairperson of 18 a judicial nominating commission, the governor shall appoint 19 a new chairperson. If the governor has not yet filled the 20 vacancy by the time of a commission meeting, or in the absence 21 of the chairperson, the members of the particular commission 22 shall elect a temporary chairperson from their own number. 23 5. When a vacancy in an office of an elective judicial 24 nominating commissioner occurs, the state court administrator 25 shall cause to be mailed to each member of the bar whose name 26 appears on the certified list prepared pursuant to section 46.8 27 for the district or districts affected, a notice stating the 28 existence of the vacancy, the requirements for eligibility, 29 and the manner in which the vacancy will be filled. Other 30 items may be included in the same mailing if they are on sheets 31 separate from the notice. The election of a district judicial 32 nominating commissioner or the close of nominations for a state 33 judicial nominating commissioner shall not occur until thirty 34 days after the mailing of the notice. 35 -10- LSB 1707SV (1) 88 mo/jh 10/ 35

S.F. 237 4. For purposes of this section, “appointing authority” 1 means the holder of the office that appointed the person to be 2 a commissioner. 3 Sec. 8. Section 46.6, Code 2019, is amended to read as 4 follows: 5 46.6 Equal seniority Chairperson . 6 If the judges of longest service, other than the chief 7 justice, of the supreme court or of the district court 8 in a district are of equal service, the eldest of such 9 judges shall be chairperson of the particular judicial 10 nominating commission. The governor shall appoint one of the 11 commissioners appointed by the governor or the legislative 12 leaders on each judicial nominating commission to serve as the 13 chairperson of the particular judicial nominating commission 14 for a two-year term as chairperson. If a chairperson of 15 a judicial nominating commission desires to be relieved 16 of the duties of chairperson while retaining the status of 17 commissioner, the chairperson shall notify the governor, and 18 the governor shall appoint another commissioner to serve as 19 chairperson for the remainder of the two-year term. 20 Sec. 9. Section 46.11, Code 2019, is amended to read as 21 follows: 22 46.11 Certification of commissioners. 23 The Upon making an appointment, the governor and the 24 state court administrator respectively or legislative leader 25 shall promptly certify the names and addresses of appointive 26 and elective judicial nominating commissioners to the state 27 commissioner of elections and the chairperson of the respective 28 nominating commissions. 29 Sec. 10. Section 46.12, subsection 1, Code 2019, is amended 30 to read as follows: 31 1. When a vacancy occurs or will occur within one hundred 32 twenty days in the supreme court, the court of appeals, or 33 district court, the state commissioner of elections shall 34 forthwith so notify the chairperson of the proper judicial 35 -11- LSB 1707SV (1) 88 mo/jh 11/ 35

S.F. 237 nominating commission. The chairperson shall call a meeting 1 of the commission within ten days after such notice; if the 2 chairperson fails to do so, the chief justice governor shall 3 call such meeting. 4 Sec. 11. Section 46.13, Code 2019, is amended to read as 5 follows: 6 46.13 Notice of meetings and application process . 7 1. The chairperson of each judicial nominating commission 8 shall give the members of the commission at least five days’ 9 written notice by mail or electronic mail of the time and place 10 of every meeting, except as to members who execute written 11 waivers of notice at or before the meeting or unless the 12 commission at its next previous meeting designated the time and 13 place of the meeting. 14 2. Each commission, with the technical support of the 15 judicial branch, shall publish all of the following on the 16 judicial branch website: 17 a. Notice that the commission is accepting applications 18 for judge or justice along with a copy of the application form 19 at least two weeks before applications are required to be 20 submitted to the commission. 21 b. Copies of nonconfidential application materials submitted 22 by applicants. 23 c. The schedule of applicant interviews before the 24 commission. 25 d. The list of nominees submitted by the commission to the 26 governor and the chief justice. 27 3. Commissioners shall be permitted to conduct individual 28 interviews with applicants in advance of the commission’s 29 meetings to choose the nominees. 30 Sec. 12. Section 46.14, subsection 1, Code 2019, is amended 31 to read as follows: 32 1. Each judicial nominating commission shall carefully 33 consider the individuals available for judge, and within sixty 34 days after receiving notice of a vacancy shall certify to the 35 -12- LSB 1707SV (1) 88 mo/jh 12/ 35

S.F. 237 governor and the chief justice the proper number of nominees, 1 in alphabetical order. Such nominees shall be chosen by the 2 affirmative vote of a majority of the full statutory number 3 of commissioners upon the basis of their qualifications and 4 without regard to political affiliation. Nominees shall be 5 members of the bar of Iowa, shall be residents of the state or 6 district of the court to which they are nominated , and shall 7 be of such age that they will be able to serve an initial and 8 one regular term of office to which they are nominated before 9 reaching the age of seventy-two years. Nominees for district 10 judge shall file a certified application form, to be provided 11 by the supreme court, with the chairperson of the district 12 judicial nominating commission. Absence of a commissioner or 13 vacancy upon the commission shall not invalidate a nomination. 14 The chairperson of the commission shall promptly certify 15 the names of the nominees, in alphabetical order, to the 16 governor and the chief justice by sending by electronic mail 17 the certification to the governor and chief justice or their 18 designees on the day of nomination . 19 Sec. 13. Section 46.14A, Code 2019, is amended to read as 20 follows: 21 46.14A Court of appeals —— nominees. 22 Vacancies in the court of appeals shall be filled by 23 appointment by the governor from a list of nominees submitted 24 by the state judicial nominating commission. Three Five 25 nominees shall be submitted for each vacancy. Nominees to the 26 court of appeals shall have the qualifications prescribed for 27 nominees to the supreme court. 28 Sec. 14. Section 602.6201, subsection 2, Code 2019, is 29 amended to read as follows: 30 2. A district judge must be a resident of the judicial 31 election district in which appointed and retained before 32 assuming office and during the entire term of office . Subject 33 to the provision for reassignment of judges under section 34 602.6108 , a district judge shall serve in the district of the 35 -13- LSB 1707SV (1) 88 mo/jh 13/ 35

S.F. 237 judge’s residence while in office, regardless of the number of 1 judgeships to which the district is entitled under the formula 2 prescribed by the supreme court in subsection 3 . 3 Sec. 15. Section 602.6504, subsection 3, Code 2019, is 4 amended to read as follows: 5 3. An attorney is To be eligible to vote in elections of 6 magistrate appointing commissioners within a county if eligible 7 to vote under sections 46.7 and 46.8 , and if a resident of 8 the county , an attorney must be eligible to practice and 9 must be a resident of the county as shown by the attorney’s 10 most recent filing with the supreme court for the purpose of 11 showing compliance with the court’s continuing legal education 12 requirements, or for attorneys eligible to practice who are 13 not required to file such compliance, any paper on file by 14 July 1 with the state court administrator, for the purpose of 15 establishing eligibility to vote under this section, which the 16 court determines to show the requisite residency requirements. 17 A judge who has been admitted to the bar of the state of Iowa 18 shall be considered an attorney. Each year, the state court 19 administrator shall certify a list of the names, addresses, and 20 years of admission of members of the bar who are eligible to 21 vote for the magistrate appointing commission . 22 Sec. 16. Section 602.8102, subsection 14, Code 2019, is 23 amended by striking the subsection. 24 Sec. 17. REPEAL. Sections 46.7, 46.8, 46.9, 46.9A, 46.10, 25 and 602.11111, Code 2019, are repealed. 26 Sec. 18. EFFECTIVE UPON ENACTMENT. This division of this 27 Act, being deemed of immediate importance, takes effect upon 28 enactment. 29 DIVISION II 30 ASSOCIATE JUDGE SELECTION 31 Sec. 19. Section 602.2301, subsection 2, Code 2019, is 32 amended to read as follows: 33 2. Notwithstanding sections 602.6304 , 602.7103B , and 34 633.20B , the chief justice may order any county magistrate 35 -14- LSB 1707SV (1) 88 mo/jh 14/ 35

S.F. 237 appointing commission the state commissioner of elections 1 to delay, for budgetary reasons, publicizing the notice the 2 sending of a notification to the proper judicial nominating 3 commission that a vacancy in the office of a vacancy for 4 a district associate judgeship judge , associate juvenile 5 judgeship judge , or associate probate judgeship judge has 6 occurred or will occur . 7 Sec. 20. 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 the 12 chairperson of the district judicial nominating commission no 13 later than May 31 of the year in which the substitution is to 14 take effect. A copy of the order shall also be sent to the 15 state court administrator. 16 Sec. 21. Section 602.6303, subsection 2, Code 2019, is 17 amended to read as follows: 18 2. An order of substitution shall not take effect unless 19 a copy of the order is received by the chairperson of the 20 county magistrate appointing commission or commissions and the 21 chairperson of the district judicial nominating commission 22 no later than May 31 of the year in which the substitution 23 is to take effect. The order shall designate the county of 24 appointment for each magistrate. A copy of the order shall 25 also be sent to the state court administrator. 26 Sec. 22. Section 602.6304, Code 2019, is amended to read as 27 follows: 28 602.6304 Appointment and resignation of district associate 29 judges. 30 1. The district associate judges authorized by sections 31 602.6301 and 602.6302 shall be appointed by the district 32 judges of the judicial election district governor from persons 33 nominated by the county magistrate appointing district judicial 34 nominating commission in the same manner as district judges 35 -15- LSB 1707SV (1) 88 mo/jh 15/ 35

S.F. 237 under chapter 46 . In the case of a district associate judge 1 to be appointed to more than one county, the appointment 2 shall be from persons nominated by the county magistrate 3 appointing commissions acting jointly and in the case of a 4 district associate judge to be appointed to more than one 5 judicial election district of the same judicial district, the 6 appointment shall be by a majority of the district judges in 7 each judicial election district. 8 2. In November of any year in which an impending vacancy is 9 created because a district associate judge is not retained in 10 office pursuant to a judicial election, the county magistrate 11 appointing commission shall publicize notice of the vacancy in 12 at least two publications in the official county newspaper. 13 The commission shall accept applications for consideration 14 for nomination as district associate judge for a minimum of 15 fifteen days prior to certifying nominations. The commission 16 shall consider the applications and shall, by majority vote, 17 certify to the chief judge of the judicial district not later 18 than December 15 of that year the names of three applicants 19 who are nominated by the commission for the vacancy. If there 20 are three or fewer applicants the commission shall certify all 21 applicants who meet the statutory qualifications. Nominees 22 shall be chosen solely on the basis of the qualifications 23 of the applicants, and political affiliation shall not be 24 considered. 25 3. Within thirty days after a county magistrate appointing 26 commission receives notification of an actual or impending 27 vacancy in the office of district associate judge, other than 28 a vacancy referred to in subsection 2 , the commission shall 29 certify to the chief judge of the judicial district the names 30 of three applicants who are nominated by the commission for 31 the vacancy. The commission shall publicize notice of the 32 vacancy in at least two publications in the official county 33 newspaper. The commission shall accept applications for 34 consideration for nomination as district associate judge for 35 -16- LSB 1707SV (1) 88 mo/jh 16/ 35

S.F. 237 a minimum of fifteen days prior to certifying nominations. 1 The commission shall consider the applications and shall, by 2 majority vote, certify to the chief judge of the judicial 3 district the names of three applicants who are nominated by 4 the commission for the vacancy. If there are three or fewer 5 applicants the commission shall certify all applicants who 6 meet the statutory qualifications. Nominees shall be chosen 7 solely on the basis of the qualifications of the applicants, 8 and political affiliation shall not be considered. As used in 9 this subsection , a vacancy is created by the death, retirement, 10 resignation, or removal of a district associate judge, or by an 11 increase in the number of positions authorized. 12 4. Within fifteen days after the chief judge of a judicial 13 district has received the list of nominees to fill a vacancy in 14 the office of district associate judge, the district judges in 15 the judicial election district shall, by majority vote, appoint 16 one of those nominees to fill the vacancy. 17 5. 2. A district associate judge who seeks to resign 18 from the office of district associate judge shall notify in 19 writing the governor, the chief judge of the judicial district , 20 and the state commissioner of elections as to the district 21 associate judge’s intention to resign and the effective date 22 of the resignation. The chief judge of the judicial district, 23 upon receipt of the notice, shall notify the county magistrate 24 appointing commission and the state court administrator of the 25 actual or impending vacancy in the office of district associate 26 judge due to resignation. 27 6. The supreme court may prescribe rules of procedure 28 to be used by county magistrate appointing commissions when 29 exercising the duties specified in this section . 30 3. When a vacancy occurs or will occur within one hundred 31 twenty days in the office of district associate judge, the 32 state commissioner of elections shall forthwith so notify 33 the chairperson of the proper district judicial nominating 34 commission. The chairperson shall call a meeting of the 35 -17- LSB 1707SV (1) 88 mo/jh 17/ 35

S.F. 237 commission within ten days after such notice. If the 1 chairperson fails to do so, the governor shall call such 2 meeting. 3 Sec. 23. Section 602.6305, subsections 2 and 3, Code 2019, 4 are amended to read as follows: 5 2. A person does not qualify for appointment to the office 6 of district associate judge unless the person is at the time 7 of appointment a resident of the judicial election district in 8 which the vacancy exists, licensed to practice law in Iowa, 9 and will be able, measured by the person’s age at the time of 10 appointment, to complete the initial term of office prior to 11 reaching age seventy-two. An applicant for district associate 12 judge shall file a certified application form, to be provided 13 by the supreme court, with the chairperson of the county 14 magistrate appointing commission. 15 3. A district associate judge must be a resident of the 16 judicial election district in which the office is held before 17 assuming office and during the entire term of office. A 18 district associate judge shall serve within the judicial 19 district in which appointed, as directed by the chief judge, 20 and is subject to reassignment under section 602.6108 . 21 Sec. 24. Section 602.6502, Code 2019, is amended to read as 22 follows: 23 602.6502 Prohibitions to appointment. 24 A member of a county magistrate appointing commission 25 shall not be appointed to the office of magistrate , and shall 26 not be nominated for or appointed to the office of district 27 associate judge, office of associate juvenile judge, or office 28 of associate probate judge . A member of the commission shall 29 not be eligible to vote for the appointment or nomination of 30 a family member, current law partner, or current business 31 partner. For purposes of this section , “family member” 32 means a spouse, son, daughter, brother, sister, uncle, aunt, 33 first cousin, nephew, niece, father-in-law, mother-in-law, 34 son-in-law, daughter-in-law, brother-in-law, sister-in-law, 35 -18- LSB 1707SV (1) 88 mo/jh 18/ 35