House Resolution 104 - Introduced HOUSE RESOLUTION NO. 104 BY HOLT A Resolution conferring authority upon the standing 1 Committee on Judiciary to conduct an investigation 2 into the conduct of the chairperson, Judge Kurt 3 J. Stoebe, of the Judicial District 2B Judicial 4 Nominating Commission and all matters reasonably 5 related thereto. 6 WHEREAS, allegations of improper conduct and 7 improper influence by chairperson Judge Kurt J. Stoebe 8 have arisen during deliberations of the Judicial 9 District 2B Judicial Nominating Commission for the 10 nomination of District Judge in October of 2021; and 11 WHEREAS, Judge Kurt J. Stoebe’s alleged improper 12 conduct and improper influence resulted in concerns 13 about the legitimacy of the Judicial District 2B 14 Judicial Nominating Commission that Judge Kurt J. 15 Stoebe chaired; and 16 WHEREAS, the concerns resulted in the Governor’s 17 determination that the process of the Judicial District 18 2B Judicial Nominating Commission during October of 19 2021 did not meet required professional standards and 20 therefore, had to be repeated; and 21 WHEREAS, Judge Kurt J. Stoebe subsequently resigned 22 as chairperson and member of the Judicial District 2B 23 Judicial Nominating Commission; and 24 WHEREAS, the standing Committee on Judiciary 25 is empowered, pursuant to Iowa Code sections 2.15 26 and 2.23, to request information and to conduct 27 investigations with authority to call witnesses, 28 -1- LSB 6203YH (8) 89 cm/rn 1/ 3
H.R. 104 administer oaths, issue subpoenas, and cite for 1 contempt; NOW THEREFORE, 2 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, That 3 the standing Committee on Judiciary is authorized to 4 conduct an investigation into issues relating to the 5 conduct of Judge Kurt J. Stoebe, Chairperson of the 6 Judicial District 2B Judicial Nominating Commission in 7 October of 2021, during the nomination process for the 8 Office of District Judge; and 9 BE IT FURTHER RESOLVED, That the investigation shall 10 be conducted in accordance with the full authority 11 granted the standing Committee on Judiciary by law 12 including but not limited to the authority to conduct 13 the investigation, call witnesses, administer oaths, 14 issue subpoenas, cite and impose punishment for 15 contempt, and otherwise exercise and enforce these 16 investigative powers as authorized by and in accordance 17 with law, subject to the following: 18 1. The scope of the investigation shall be confined 19 to investigating the facts and circumstances regarding 20 the allegations of improper actions by Judge Kurt 21 J. Stoebe during the Judicial Nominating Commission 22 nominations process in Judicial District 2B for the 23 Office of District Judge in October of 2021. 24 2. Subpoena authority conferred by this resolution 25 shall exist for a 90-day period following the date of 26 passage of this resolution. 27 3. A citation and punishment for contempt may be 28 issued and imposed according to the following schedule: 29 a. An initial citation may be issued by the 30 -2- LSB 6203YH (8) 89 cm/rn 2/ 3
H.R. 104 standing Committee on Judiciary by a majority vote of 1 the members of the committee and is punishable by a 2 fine of $500. 3 b. A second or subsequent citation may be issued by 4 the standing Committee on Judiciary by a majority vote 5 of the members of the committee and is punishable by a 6 fine of $1,000. 7 c. In addition to the fines authorized pursuant to 8 paragraphs “a” and “b”, the House of Representatives 9 may by resolution impose a punishment of imprisonment 10 for a period of up to six months. 11 4. Subpoenas and citations for contempt shall be 12 signed by the Speaker of the House of Representatives 13 and the Chairperson of the standing Committee on 14 Judiciary. Warrants for contempt shall be signed by 15 the Speaker of the House of Representatives and the 16 Chairperson of the standing Committee on Judiciary. 17 BE IT FURTHER RESOLVED, That the standing Committee 18 on Judiciary may meet at such times and at such 19 places as the Chairperson of the Committee deems 20 necessary; and 21 BE IT FURTHER RESOLVED, That the investigation shall 22 continue until completed, or until such time as the 23 investigation is terminated by the standing Committee 24 on Judiciary by majority vote of the members of the 25 committee. 26 -3- LSB 6203YH (8) 89 cm/rn 3/ 3