House File 2481 - Reprinted HOUSE FILE 2481 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 636) (As Amended and Passed by the House March 10, 2022 ) A BILL FOR An Act relating to judicial selection, including the nominees 1 to the court of appeals, and the appointments, resignations, 2 and residency requirements of district judges, district 3 associate judges, associate juvenile judges, and associate 4 probate judges. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 HF 2481 (3) 89 cm/jh/md

H.F. 2481 Section 1. Section 46.14, subsection 1, Code 2022, is 1 amended to read as follows: 2 1. Each judicial nominating commission shall carefully 3 consider the individuals available for judge, and within sixty 4 days after receiving notice of a vacancy shall certify to the 5 governor and the chief justice the proper number of nominees, 6 in alphabetical order. Such nominees shall be chosen by the 7 affirmative vote of a majority of the full statutory number 8 of commissioners upon the basis of their qualifications and 9 without regard to political affiliation. Nominees shall be 10 members of the bar of Iowa, shall be residents of the state 11 or district of the court or a county contiguous with the 12 district to which they are nominated, and shall be of such age 13 that they will be able to serve an initial and one regular 14 term of office to which they are nominated before reaching 15 the age of seventy-two years. Nominees for district judge 16 shall file a certified application form, to be provided by the 17 supreme court, with the chairperson of the district judicial 18 nominating commission. Absence of a commissioner or vacancy 19 upon the commission shall not invalidate a nomination. The 20 chairperson of the commission shall promptly certify the names 21 of the nominees, in alphabetical order, to the governor and the 22 chief justice by sending by electronic mail the certification 23 to the governor and chief justice or the governor’s and chief 24 justice’s designees on the day of the nomination . 25 Sec. 2. Section 46.14A, Code 2022, is amended to read as 26 follows: 27 46.14A Court of appeals —— nominees. 28 Vacancies in the court of appeals shall be filled by 29 appointment by the governor from a list of nominees submitted 30 by the state judicial nominating commission. Three Five 31 nominees shall be submitted for each vacancy. Nominees to the 32 court of appeals shall have the qualifications prescribed for 33 nominees to the supreme court. 34 Sec. 3. Section 602.2301, subsection 2, Code 2022, is 35 -1- HF 2481 (3) 89 cm/jh/md 1/ 7

H.F. 2481 amended to read as follows: 1 2. Notwithstanding sections 602.6304 , 602.7103B , and 2 633.20B , the chief justice may order any county magistrate 3 appointing commission the state commissioner of elections 4 to delay, for budgetary reasons, publicizing the notice the 5 sending of a notification to the governor that a vacancy in 6 the office of a vacancy for a district associate judgeship 7 judge , associate juvenile judgeship judge , or associate probate 8 judgeship judge has occurred or will occur . 9 Sec. 4. Section 602.6201, subsection 2, Code 2022, is 10 amended to read as follows: 11 2. A district judge must be a resident of the judicial 12 election district or a resident of a county contiguous with 13 the judicial election district in which appointed and retained 14 before assuming office and must be a resident of the judicial 15 election district during the entire term of office . Subject 16 to the provision for reassignment of judges under section 17 602.6108 , a district judge shall serve in the district of the 18 judge’s residence while in office, regardless of the number of 19 judgeships to which the district is entitled under the formula 20 prescribed by the supreme court in subsection 3 . 21 Sec. 5. Section 602.6302, subsection 2, Code 2022, is 22 amended to read as follows: 23 2. An order of substitution shall not take effect unless 24 a copy of the order is received by the chairperson of the 25 county magistrate appointing commission or commissions and 26 the governor no later than May 31 of the year in which the 27 substitution is to take effect. A copy of the order shall also 28 be sent to the state court administrator. 29 Sec. 6. Section 602.6303, subsection 2, Code 2022, is 30 amended to read as follows: 31 2. An order of substitution shall not take effect unless 32 a copy of the order is received by the chairperson of the 33 county magistrate appointing commission or commissions and 34 the governor no later than May 31 of the year in which the 35 -2- HF 2481 (3) 89 cm/jh/md 2/ 7

H.F. 2481 substitution is to take effect. The order shall designate the 1 county of appointment for each magistrate. A copy of the order 2 shall also be sent to the state court administrator. 3 Sec. 7. Section 602.6304, Code 2022, is amended by striking 4 the section and inserting in lieu thereof the following: 5 602.6304 Appointment and resignation of district associate 6 judges. 7 1. The district associate judges authorized by sections 8 602.6301 and 602.6302 shall be appointed by the governor 9 from persons nominated by the district judicial nominating 10 commission in the same manner as district judges under chapter 11 46. 12 2. A district associate judge who seeks to resign from the 13 office of district associate judge shall notify in writing the 14 governor, the chief judge of the judicial district, and the 15 state commissioner of elections as to the district associate 16 judge’s intention to resign and the effective date of the 17 resignation. 18 3. When a vacancy occurs or will occur within one hundred 19 twenty days in the office of the district associate judge, the 20 state commissioner of elections shall forthwith so notify the 21 governor. The governor shall call a meeting of the commission 22 within ten days after such notice. If the governor fails to do 23 so, the chief justice shall call such meeting. 24 Sec. 8. Section 602.6305, subsections 2 and 3, Code 2022, 25 are amended to read as follows: 26 2. A person does not qualify for appointment to the office 27 of district associate judge unless the person is at the time 28 of appointment a resident of the judicial election district in 29 which the vacancy exists, licensed to practice law in Iowa , 30 and will be able, measured by the person’s age at the time of 31 appointment, to complete the initial term of office prior to 32 reaching age seventy-two. An applicant for district associate 33 judge shall file a certified application form, to be provided 34 by the supreme court, with the chairperson of the county 35 -3- HF 2481 (3) 89 cm/jh/md 3/ 7

H.F. 2481 magistrate appointing commission. A nominee to the office of 1 district associate judge must reside in the judicial election 2 district to which the nominee is nominated or in a contiguous 3 county to the judicial election district to which the nominee 4 is nominated. 5 3. A district associate judge must be a resident of the 6 judicial election district in which the office is held before 7 assuming office and during the entire term of office. A 8 district associate judge shall serve within the judicial 9 district in which appointed, as directed by the chief judge, 10 and is subject to reassignment under section 602.6108 . 11 Sec. 9. Section 602.6502, Code 2022, is amended to read as 12 follows: 13 602.6502 Prohibitions to appointment. 14 A member of a county magistrate appointing commission 15 shall not be appointed to the office of magistrate , and shall 16 not be nominated for or appointed to the office of district 17 associate judge, office of associate juvenile judge, or office 18 of associate probate judge . A member of the commission shall 19 not be eligible to vote for the appointment or nomination of 20 a family member, current law partner, or current business 21 partner. For purposes of this section , “family member” 22 means a spouse, son, daughter, brother, sister, uncle, aunt, 23 first cousin, nephew, niece, father-in-law, mother-in-law, 24 son-in-law, daughter-in-law, brother-in-law, sister-in-law, 25 father, mother, stepfather, stepmother, stepson, stepdaughter, 26 stepbrother, stepsister, half brother, or half sister. 27 Sec. 10. Section 602.7103B, Code 2022, is amended by 28 striking the section and inserting in lieu thereof the 29 following: 30 602.7103B Appointment and resignation of full-time associate 31 juvenile judges. 32 1. Full-time associate juvenile judges shall be appointed 33 by the governor from persons nominated by the district judicial 34 nominating commission in the same manner as district judges 35 -4- HF 2481 (3) 89 cm/jh/md 4/ 7

H.F. 2481 under chapter 46. 1 2. A full-time associate juvenile judge who seeks to 2 resign from the office of full-time associate juvenile judge 3 shall notify in writing the governor, the chief judge of the 4 judicial district, and the state commissioner of elections as 5 to the full-time associate judge’s intention to resign and the 6 effective date of the resignation. 7 3. When a vacancy occurs or will occur within one hundred 8 twenty days in the office of a full-time associate juvenile 9 judge, the state commissioner of elections shall forthwith so 10 notify the governor. The governor shall call a meeting of the 11 commission within ten days after such notice. If the governor 12 fails to do so, the chief justice shall call such meeting. 13 Sec. 11. Section 602.7103C, subsections 2 and 3, Code 2022, 14 are amended to read as follows: 15 2. A person does not qualify for appointment to the office 16 of full-time associate juvenile judge unless the person is at 17 the time of appointment a resident of the county in which the 18 vacancy exists, licensed to practice law in Iowa , and will be 19 able, measured by the person’s age at the time of appointment, 20 to complete the initial term of office prior to reaching age 21 seventy-two. An applicant for full-time associate juvenile 22 judge shall file a certified application form, to be provided 23 by the supreme court, with the chairperson of the county 24 magistrate appointing commission A nominee to the office of 25 full-time associate juvenile judge must reside in the judicial 26 election district to which the nominee is nominated or in a 27 contiguous county to the judicial election district to which 28 the nominee is nominated . 29 3. A full-time associate juvenile judge must be a resident 30 of a county the judicial election district in which the office 31 is held before assuming office and during the entire term of 32 office. A full-time associate juvenile judge shall serve 33 within the judicial district in which appointed, as directed by 34 the chief judge, and is subject to reassignment under section 35 -5- HF 2481 (3) 89 cm/jh/md 5/ 7

H.F. 2481 602.6108 . 1 Sec. 12. Section 633.20B, Code 2022, is amended by striking 2 the section and inserting in lieu thereof the following: 3 633.20B Appointment and resignation of full-time associate 4 probate judges. 5 1. Full-time associate probate judges shall be appointed by 6 the governor from persons nominated by the district judicial 7 nominating commission in the same manner as district judges 8 under chapter 46. 9 2. A full-time associate probate judge who seeks to resign 10 from the office of full-time associate probate judge shall 11 notify in writing the governor, the chief judge of the judicial 12 district, and the state commissioner of elections as to the 13 full-time associate probate judge’s intention to resign and the 14 effective date of the resignation. 15 3. When a vacancy occurs or will occur within one hundred 16 twenty days in the office of a full-time associate probate 17 judge, the state commissioner of elections shall forthwith so 18 notify the governor. The governor shall call a meeting of the 19 commission within ten days after such notice. If the governor 20 fails to do so, the chief justice shall call such meeting. 21 Sec. 13. Section 633.20C, subsections 2 and 3, Code 2022, 22 are amended to read as follows: 23 2. A person does not qualify for appointment to the office 24 of full-time associate probate judge unless the person is at 25 the time of appointment a resident of the county in which the 26 vacancy exists, licensed to practice law in Iowa , and will be 27 able, measured by the person’s age at the time of appointment, 28 to complete the initial term of office prior to reaching age 29 seventy-two. An applicant for full-time associate probate 30 judge shall file a certified application form, to be provided 31 by the supreme court, with the chairperson of the county 32 magistrate appointing commission A nominee to the office of 33 full-time associate probate judge must reside in the judicial 34 election district to which the nominee is nominated or in a 35 -6- HF 2481 (3) 89 cm/jh/md 6/ 7

H.F. 2481 contiguous county to the judicial election district to which 1 the nominee is nominated . 2 3. A full-time associate probate judge must be a resident 3 of a county the judicial election district in which the office 4 is held before assuming office and during the entire term of 5 office. A full-time associate probate judge shall serve within 6 the judicial district in which appointed, as directed by the 7 chief judge, and is subject to reassignment under section 8 602.6108 . 9 -7- HF 2481 (3) 89 cm/jh/md 7/ 7