House File 2485 - Introduced HOUSE FILE 2485 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 676) A BILL FOR An Act relating to access to confidential records of the 1 commission on judicial qualifications by members of the 2 general assembly. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6180HV (1) 89 cm/jh
H.F. 2485 Section 1. Section 602.2103, Code 2022, is amended to read 1 as follows: 2 602.2103 Operation of commission. 3 A quorum of the commission is four members. Only those 4 commission members that are present at commission meetings 5 or hearings may vote. An application by the commission to 6 the supreme court to retire, discipline, or remove a judicial 7 officer, or discipline or remove an employee of the judicial 8 branch, or an action by the commission which affects the final 9 disposition of a complaint, requires the affirmative vote of 10 at least four commission members. Notwithstanding chapter 21 11 and chapter 22 , all records, papers, proceedings, meetings, 12 and hearings of the commission are confidential, but if the 13 commission applies to the supreme court to retire, discipline, 14 or remove a judicial officer, or to discipline or remove an 15 employee of the judicial branch, the application and all of the 16 records and papers in that proceeding are public documents. 17 Upon request, a member of the general assembly shall have 18 access to confidential complaints, decisions, actions, records, 19 papers, or other information taken by the commission. A member 20 of the general assembly provided access by the commission shall 21 keep all information received confidential. A member of the 22 general assembly party to an action before a judicial officer 23 shall not be allowed to request or obtain access to complaints, 24 decisions, actions, records, papers, or other information 25 provided to the commission pertaining to that judicial officer 26 until the action is final and may not be appealed. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to confidential records of the commission 31 on judicial qualifications. The commission on judicial 32 qualifications was created to hear charges made against 33 judicial officers and employees of the judicial branch and 34 determine whether to make an application to the supreme court 35 -1- LSB 6180HV (1) 89 cm/jh 1/ 2
H.F. 2485 to retire, discipline, or remove a judicial officer or remove a 1 judicial branch employee. The records made to the commission 2 are confidential unless the commission decides to apply to the 3 supreme court to take action against the judicial officer or 4 employee in which case the records become public documents. 5 The bill provides that a member of the general assembly may 6 request access to the commission on judicial qualifications’ 7 records. A member of the general assembly that is granted 8 access is not able to disclose any of the records provided. A 9 member of the general assembly that is party to an action shall 10 not be allowed to request records relating to the judicial 11 officer presiding over the action the member of the general 12 assembly is involved in until the action is final and may not 13 be appealed. 14 -2- LSB 6180HV (1) 89 cm/jh 2/ 2