SSB 1191 (LSB 2248XC (1) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to access to confidential records of the commission on judicial qualifications by members of the general assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.2103, Code 2023, is amended to read as follows:
   602.2103  Operation of commission.
   A quorum of the commission is four members. Only those commission members that are present at commission meetings or hearings may vote. An application by the commission to the supreme court to retire, discipline, or remove a judicial officer, or discipline or remove an employee of the judicial branch, or an action by the commission which affects the final disposition of a complaint, requires the affirmative vote of at least four commission members. Notwithstanding chapter 21 and chapter 22, all records, papers, proceedings, meetings, and hearings of the commission are confidential, but if the commission applies to the supreme court to retire, discipline, or remove a judicial officer, or to discipline or remove an employee of the judicial branch, the application and all of the records and papers in that proceeding are public documents.  Upon request, a member of the general assembly shall have access to confidential complaints, decisions, actions, records, papers, or other information taken by the commission. A member of the general assembly provided access by the commission shall keep all information received confidential. A member of the general assembly that is party to an action before a judicial officer shall not be allowed to request or obtain access to complaints, decisions, actions, records, papers, or other information provided to the commission pertaining to that judicial officer until the action is final and may not be appealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to confidential records of the commission on judicial qualifications. The commission on judicial qualifications considers charges made against judicial officers and employees of the judicial branch and determines whether to make an application to the supreme court to retire, discipline, or remove a judicial officer or remove a judicial branch employee. The records of the commission are confidential unless the commission decides to apply to the supreme court to take action against the judicial officer or employee, in which case the records become public documents. The bill provides that a member of the general assembly shall, upon request, have access to the commission on judicial qualifications’ records. A member of the general assembly with access is required to keep the records confidential. A member of the general assembly that is party to an action shall not be allowed to request records relating to the judicial officer presiding over the action until the action is final and may not be appealed.