House Study Bill 636 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to judicial selection, including the membership 1 of the district judicial nominating commissions, nominees to 2 the court of appeals, and the appointments, resignations, 3 and residency requirements of district judges, district 4 associate judges, associate juvenile judges, and associate 5 probate judges. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5569YC (4) 89 cm/jh

H.F. _____ Section 1. Section 46.3, subsections 1, 3, and 4, Code 2022, 1 are amended to read as follows: 2 1. The governor shall appoint five six eligible electors 3 of each judicial election district to the district judicial 4 nominating commission. 5 3. No more than a simple majority half of the commissioners 6 appointed shall be of the same gender. 7 4. Beginning with terms commencing February 1, 2012, there 8 There shall not be more than one appointed commissioner from a 9 county within a judicial election district unless each county 10 within the judicial election district has an appointed or 11 elected commissioner or the number of appointed commissioners 12 exceeds the number of counties within the judicial election 13 district. This subsection shall not be used to remove an 14 appointed commissioner from office prior to the expiration of 15 the commissioner’s term. 16 Sec. 2. Section 46.3, Code 2022, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 3A. All commissioners shall be chosen 19 without reference to political affiliation. 20 NEW SUBSECTION . 5. A commissioner who has served a full 21 six-year term on a district judicial nominating commission, 22 whether the commissioner was appointed or elected, shall be 23 ineligible to be appointed for a second six-year term. 24 NEW SUBSECTION . 6. A person shall not be appointed as a 25 commissioner who holds an office of profit of the United States 26 or of the state at the time of the appointment. 27 Sec. 3. NEW SECTION . 46.3A Special appointment of district 28 judicial nominating commissioners and transition provisions. 29 1. The initial term of the sixth commissioner appointed by 30 the governor to each judicial nominating commission shall begin 31 on July 1, 2022, and shall expire on June 30, 2024. 32 2. After the initial term is served pursuant to subsection 33 1, a new commissioner shall be appointed by the governor to a 34 six-year term as provided in section 46.3. 35 -1- LSB 5569YC (4) 89 cm/jh 1/ 12

H.F. _____ 3. The terms of any commissioner currently serving on a 1 district judicial nominating commission or any commissioner 2 already elected to begin serving on or before July 1, 2022, 3 shall not be affected by this Act. 4 4. This section is repealed July 1, 2024. 5 Sec. 4. Section 46.5, subsection 4, Code 2022, is amended 6 to read as follows: 7 4. If a vacancy occurs in the office of chairperson of 8 the state judicial nominating commission, the members of the 9 commission shall elect a new chairperson as provided in section 10 46.6 . If a vacancy occurs in the office of chairperson of a 11 district judicial nominating commission or in the absence of 12 the chairperson, the members of the particular commission shall 13 elect a temporary new chairperson from their own number as 14 provided in section 46.6 . 15 Sec. 5. Section 46.5A, Code 2022, is amended to read as 16 follows: 17 46.5A Judicial nominating commission expenses and 18 administrative support . 19 1. Members of the state judicial nominating commission 20 and the district judicial nominating commissions are entitled 21 to be reimbursed for actual and necessary expenses incurred 22 in the performance of their duties as commissioners for each 23 day spent attending commission meetings or training sessions 24 called by the chairperson. Expenses shall be paid from funds 25 appropriated to the judicial branch for this purpose. 26 2. The state court administrator shall provide 27 administrative support, facilities, and other assistance to 28 the state judicial nominating commission for any meeting 29 of the commission that is properly noticed under section 30 46.13. Each district court administrator shall provide 31 administrative support, facilities, and other assistance to the 32 district judicial nominating commission for any meeting of the 33 commission that is properly noticed under section 46.13. 34 Sec. 6. Section 46.6, Code 2022, is amended to read as 35 -2- LSB 5569YC (4) 89 cm/jh 2/ 12

H.F. _____ follows: 1 46.6 Chairperson. 2 1. The commissioners of the state judicial nominating 3 commission and the district judicial nominating commission 4 shall elect a chairperson from their own number. The 5 chairperson of the state judicial nominating commission shall 6 serve a two-year term that expires on April 30 of even-numbered 7 years. The chairperson of a district judicial nominating 8 commission shall serve a two-year term that expires on January 9 31 of even-numbered years. A commissioner may be reelected 10 for a second or third term as chairperson. If a chairperson 11 of a judicial nominating commission desires to be relieved 12 of the duties of chairperson while retaining the status of 13 commissioner, the chairperson shall notify the governor and the 14 other commissioners of the commission. At the next meeting of 15 the commission, the commissioners shall elect a new chairperson 16 for the remainder of the two-year term. 17 2. The judge of longest service in the district shall serve 18 as the chair of a particular district judicial nominating 19 commission. If the judges of longest service in the district 20 are of equal service, the eldest of such judges shall be 21 chairperson of the particular judicial nominating commission. 22 Sec. 7. Section 46.14, subsection 1, Code 2022, 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 -3- LSB 5569YC (4) 89 cm/jh 3/ 12

H.F. _____ 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. Absence of a commissioner or 5 vacancy upon the commission shall not invalidate a nomination. 6 The chairperson of the commission shall promptly certify 7 the names of the nominees, in alphabetical order, to the 8 governor and the chief justice by sending by electronic mail 9 the certification to the governor and chief justice or the 10 governor’s and chief justice’s designees on the day of the 11 nomination . 12 Sec. 8. Section 46.14A, Code 2022, is amended to read as 13 follows: 14 46.14A Court of appeals —— nominees. 15 Vacancies in the court of appeals shall be filled by 16 appointment by the governor from a list of nominees submitted 17 by the state judicial nominating commission. Three Five 18 nominees shall be submitted for each vacancy. Nominees to the 19 court of appeals shall have the qualifications prescribed for 20 nominees to the supreme court. 21 Sec. 9. Section 602.2301, subsection 2, Code 2022, is 22 amended to read as follows: 23 2. Notwithstanding sections 602.6304 , 602.7103B , and 24 633.20B , the chief justice may order any county magistrate 25 appointing commission the state commissioner of elections 26 to delay, for budgetary reasons, publicizing the notice the 27 sending of a notification to the governor that a vacancy in 28 the office of a vacancy for a district associate judgeship 29 judge , associate juvenile judgeship judge , or associate probate 30 judgeship judge has occurred or will occur . 31 Sec. 10. Section 602.6201, subsection 2, Code 2022, is 32 amended to read as follows: 33 2. A district judge must be a resident of the judicial 34 election district in which appointed and retained before 35 -4- LSB 5569YC (4) 89 cm/jh 4/ 12

H.F. _____ assuming office and during the entire term of office . Subject 1 to the provision for reassignment of judges under section 2 602.6108 , a district judge shall serve in the district of the 3 judge’s residence while in office, regardless of the number of 4 judgeships to which the district is entitled under the formula 5 prescribed by the supreme court in subsection 3 . 6 Sec. 11. Section 602.6302, subsection 2, Code 2022, is 7 amended to read as follows: 8 2. An order of substitution shall not take effect unless 9 a copy of the order is received by the chairperson of the 10 county magistrate appointing commission or commissions and 11 the governor no later than May 31 of the year in which the 12 substitution is to take effect. A copy of the order shall also 13 be sent to the state court administrator. 14 Sec. 12. Section 602.6303, subsection 2, Code 2022, is 15 amended to read as follows: 16 2. An order of substitution shall not take effect unless 17 a copy of the order is received by the chairperson of the 18 county magistrate appointing commission or commissions and 19 the governor no later than May 31 of the year in which the 20 substitution is to take effect. The order shall designate the 21 county of appointment for each magistrate. A copy of the order 22 shall also be sent to the state court administrator. 23 Sec. 13. Section 602.6304, Code 2022, is amended by striking 24 the section and inserting in lieu thereof the following: 25 602.6304 Appointment and resignation of district associate 26 judges. 27 1. The district associate judges authorized by sections 28 602.6301 and 602.6302 shall be appointed by the governor 29 from persons nominated by the district judicial nominating 30 commission in the same manner as district judges under chapter 31 46. 32 2. A district associate judge who seeks to resign from the 33 office of district associate judge shall notify in writing the 34 governor, the chief judge of the judicial district, and the 35 -5- LSB 5569YC (4) 89 cm/jh 5/ 12

H.F. _____ state commissioner of elections as to the district associate 1 judge’s intention to resign and the effective date of the 2 resignation. 3 3. When a vacancy occurs or will occur within one hundred 4 twenty days in the office of the district associate judge, the 5 state commissioner of elections shall forthwith so notify the 6 governor. The governor shall call a meeting of the commission 7 within ten days after such notice. If the governor fails to do 8 so, the chief justice shall call such meeting. 9 Sec. 14. Section 602.6305, subsections 2 and 3, Code 2022, 10 are amended to read as follows: 11 2. A person does not qualify for appointment to the office 12 of district associate judge unless the person is at the time 13 of appointment a resident of the judicial election district in 14 which the vacancy exists, licensed to practice law in Iowa , 15 and will be able, measured by the person’s age at the time of 16 appointment, to complete the initial term of office prior to 17 reaching age seventy-two. An applicant for district associate 18 judge shall file a certified application form, to be provided 19 by the supreme court, with the chairperson of the county 20 magistrate appointing commission. A nominee to the office of 21 district associate judge must reside in the judicial election 22 district to which the nominee is nominated or in another 23 judicial election district in the same judicial district as the 24 judicial election district to which the nominee is nominated. 25 3. A district associate judge must be a resident of the 26 judicial election district in which the office is held before 27 assuming office and during the entire term of office. A 28 district associate judge shall serve within the judicial 29 district in which appointed, as directed by the chief judge, 30 and is subject to reassignment under section 602.6108 . 31 Sec. 15. Section 602.6502, Code 2022, is amended to read as 32 follows: 33 602.6502 Prohibitions to appointment. 34 A member of a county magistrate appointing commission 35 -6- LSB 5569YC (4) 89 cm/jh 6/ 12

H.F. _____ shall not be appointed to the office of magistrate , and shall 1 not be nominated for or appointed to the office of district 2 associate judge, office of associate juvenile judge, or office 3 of associate probate judge . A member of the commission shall 4 not be eligible to vote for the appointment or nomination of 5 a family member, current law partner, or current business 6 partner. For purposes of this section , “family member” 7 means a spouse, son, daughter, brother, sister, uncle, aunt, 8 first cousin, nephew, niece, father-in-law, mother-in-law, 9 son-in-law, daughter-in-law, brother-in-law, sister-in-law, 10 father, mother, stepfather, stepmother, stepson, stepdaughter, 11 stepbrother, stepsister, half brother, or half sister. 12 Sec. 16. Section 602.7103B, Code 2022, is amended by 13 striking the section and inserting in lieu thereof the 14 following: 15 602.7103B Appointment and resignation of full-time associate 16 juvenile judges. 17 1. Full-time associate juvenile judges shall be appointed 18 by the governor from persons nominated by the district judicial 19 nominating commission in the same manner as district judges 20 under chapter 46. 21 2. A full-time associate juvenile judge who seeks to 22 resign from the office of full-time associate juvenile judge 23 shall notify in writing the governor, the chief judge of the 24 judicial district, and the state commissioner of elections as 25 to the full-time associate judge’s intention to resign and the 26 effective date of the resignation. 27 3. When a vacancy occurs or will occur within one hundred 28 twenty days in the office of a full-time associate juvenile 29 judge, the state commissioner of elections shall forthwith so 30 notify the governor. The governor shall call a meeting of the 31 commission within ten days after such notice. If the governor 32 fails to do so, the chief justice shall call such meeting. 33 Sec. 17. Section 602.7103C, subsections 2 and 3, Code 2022, 34 are amended to read as follows: 35 -7- LSB 5569YC (4) 89 cm/jh 7/ 12

H.F. _____ 2. A person does not qualify for appointment to the office 1 of full-time associate juvenile judge unless the person is 2 at the time of appointment a resident of the county in which 3 the vacancy exists, licensed to practice law in Iowa , and 4 will be able, measured by the person’s age at the time of 5 appointment, to complete the initial term of office prior to 6 reaching age seventy-two. An applicant for full-time associate 7 juvenile judge shall file a certified application form, to 8 be provided by the supreme court, with the chairperson of 9 the county magistrate appointing commission A nominee to the 10 office of full-time associate juvenile judge must reside in the 11 judicial election district to which the nominee is nominated 12 or in another judicial election district in the same judicial 13 district as the judicial election district to which the nominee 14 is nominated . 15 3. A full-time associate juvenile judge must be a resident 16 of a county the judicial election district in which the office 17 is held before assuming office and during the entire term of 18 office. A full-time associate juvenile judge shall serve 19 within the judicial district in which appointed, as directed by 20 the chief judge, and is subject to reassignment under section 21 602.6108 . 22 Sec. 18. Section 633.20B, Code 2022, is amended by striking 23 the section and inserting in lieu thereof the following: 24 633.20B Appointment and resignation of full-time associate 25 probate judges. 26 1. Full-time associate probate judges shall be appointed by 27 the governor from persons nominated by the district judicial 28 nominating commission in the same manner as district judges 29 under chapter 46. 30 2. A full-time associate probate judge who seeks to resign 31 from the office of full-time associate probate judge shall 32 notify in writing the governor, the chief judge of the judicial 33 district, and the state commissioner of elections as to the 34 full-time associate probate judge’s intention to resign and the 35 -8- LSB 5569YC (4) 89 cm/jh 8/ 12

H.F. _____ effective date of the resignation. 1 3. When a vacancy occurs or will occur within one hundred 2 twenty days in the office of a full-time associate probate 3 judge, the state commissioner of elections shall forthwith so 4 notify the governor. The governor shall call a meeting of the 5 commission within ten days after such notice. If the governor 6 fails to do so, the chief justice shall call such meeting. 7 Sec. 19. Section 633.20C, subsections 2 and 3, Code 2022, 8 are amended to read as follows: 9 2. A person does not qualify for appointment to the office 10 of full-time associate probate judge unless the person is at 11 the time of appointment a resident of the county in which 12 the vacancy exists, licensed to practice law in Iowa , and 13 will be able, measured by the person’s age at the time of 14 appointment, to complete the initial term of office prior to 15 reaching age seventy-two. An applicant for full-time associate 16 probate judge shall file a certified application form, to 17 be provided by the supreme court, with the chairperson of 18 the county magistrate appointing commission A nominee to the 19 office of full-time associate probate judge must reside in the 20 judicial election district to which the nominee is nominated 21 or in another judicial election district in the same judicial 22 district as the judicial election district to which the nominee 23 is nominated . 24 3. A full-time associate probate judge must be a resident 25 of a county the judicial election district in which the office 26 is held before assuming office and during the entire term of 27 office. A full-time associate probate judge shall serve within 28 the judicial district in which appointed, as directed by the 29 chief judge, and is subject to reassignment under section 30 602.6108 . 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the judicial selection, including 35 -9- LSB 5569YC (4) 89 cm/jh 9/ 12

H.F. _____ the membership of district judicial nominating commissions, 1 nominees to the court of appeals, and the appointments, 2 resignations, and residency requirements of district judges, 3 district associate judges, associate juvenile judges, and 4 associate probate judges. 5 District judicial nominating commissions are responsible 6 for screening applicants and selecting nominees for district 7 court judicial vacancies. There is a nominating commission for 8 each of Iowa’s 14 judicial election subdistricts. District 9 nominating commissions provide the governor with a slate of 10 two nominees from which to make an appointment to the district 11 court. 12 Under current law, the governor appoints five eligible 13 electors of each judicial district to the 11-person commission. 14 Five members are elected by the bar, and the most senior 15 judge in the district serves as the 11th commissioner and 16 as the chairperson of the commission. The bill removes the 17 most senior judge as a commissioner and as the chairperson. 18 The bill provides that the governor shall appoint a sixth 19 commissioner, and that the commissioners shall elect a 20 chairperson from their own number. 21 The bill provides that commissioners shall be appointed 22 without reference to political affiliation, that no more than 23 half of the appointed commissioners shall be of the same 24 gender, and that a commissioner cannot be reelected after 25 serving a full six-year term. A person shall not be appointed 26 as a commissioner that holds a federal or state office of 27 profit. 28 The bill provides for special appointment of the sixth 29 appointed district judicial nominating commissioner and 30 transition provisions. The initial term of the sixth 31 commissioner appointed by the governor to each judicial 32 nominating commission shall begin on July 1, 2022, and shall 33 expire on June 30, 2024. 34 The bill provides that the state or district court 35 -10- LSB 5569YC (4) 89 cm/jh 10/ 12

H.F. _____ administrators shall provide administrative support, 1 facilities, and other assistance to their respective judicial 2 nominating commission for any meeting of the commission that is 3 properly noticed. 4 Under current law, the nominees for district judge shall 5 file a certified application that is to be provided to 6 the supreme court. The bill provides that the nominees no 7 longer are required to submit a certified application and the 8 chairperson of the commission shall promptly send a certified 9 list of nominees by electronic mail to the governor and chief 10 justice of the supreme court or their designees on the day of 11 the nomination. 12 Under current law, the state judicial nominating commission 13 submits three nominees for a vacant court of appeals position. 14 The bill provides that five nominees shall be submitted for 15 each vacancy. 16 Under current law, a district judge, a full-time associate 17 judge, a full-time associate juvenile judge, and a full-time 18 associate probate judge must be a resident of the judicial 19 election district in which appointed. The bill provides that 20 a district judge, a full-time associate judge, a full-time 21 associate juvenile judge, and a full-time associate probate 22 judge must be a resident of the judicial election district 23 before assuming office and during the entire term of office. 24 Under current law, district associate judges, full-time 25 associate juvenile judges, and full-time associate probate 26 judges are appointed by the district judges of the judicial 27 election district from persons nominated by the county 28 magistrate appointing commission. The bill provides that 29 district associate judges, full-time associate juvenile judges, 30 and full-time associate probate judges shall be appointed by 31 the governor from persons nominated by the district judicial 32 nominating commission in the same manner as district judges 33 under Code chapter 46. 34 The bill provides that a district associate judge, full-time 35 -11- LSB 5569YC (4) 89 cm/jh 11/ 12

H.F. _____ associate juvenile judge, or full-time associate probate judge 1 who seeks to resign shall notify in writing the governor, 2 chief judge of the judicial district, and state commissioner 3 of elections as to the district associate judge’s, associate 4 full-time juvenile judge’s, or associate full-time probate 5 judge’s intention to resign and the effective date of the 6 resignation. When a vacancy occurs or will occur within 120 7 days in the office of the district associate judge, associate 8 full-time juvenile judge, and associate full-time probate 9 judge, the state commissioner of elections shall notify the 10 governor. The governor shall call a meeting of the commission 11 within 10 days after such notice. If the governor fails to do 12 so, the chief justice shall call such meeting. 13 The bill provides that a person does not qualify for 14 appointment to the office of district associate judge, 15 associate full-time juvenile judge, or associate full-time 16 probate judge unless the person is at the time of appointment 17 licensed to practice law in Iowa, and will be able, measured 18 by the person’s age at the time of appointment, to complete 19 the initial term of office prior to reaching age 72. Nominees 20 must reside in the judicial election district to which they are 21 nominated or in another judicial election district in the same 22 judicial district as the judicial election district to which 23 they are nominated. 24 Under current law, a member of a county magistrate 25 appointing commission shall not be appointed to the office 26 of magistrate, district associate judge, office of associate 27 juvenile judge, or office of associate probate judge. The 28 bill provides that a member of a county magistrate appointing 29 commission shall not be appointed to the office of magistrate 30 but may be nominated for or appointed to the office of district 31 associate judge, office of associate juvenile judge, or office 32 of associate probate judge. 33 -12- LSB 5569YC (4) 89 cm/jh 12/ 12