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House Joint Resolution 6 - IntroducedA Bill ForA Joint Resolution 1proposing amendments to the Constitution
2of the State of Iowa relating to the appointment and
3jurisdiction of judicial officers.
4BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. The following amendment to the Constitution of
2the State of Iowa is proposed:
31. Section 1 of Article V of the Constitution of the State
4of Iowa is amended, beginning January 1, 2021, to read as
5follows:
6Courts. SECTION. 1. The judicial power shall be vested in
7a supreme court, court of appeals,district courts, and such
8other courts, inferior to the supreme court, as the general
9assembly may, from time to time, establish.
102. Article V of the Constitution of the State of Iowa is
11amended by adding the following new section:
12Court of appeals. SEC. 2A. The court of appeals shall
13consist of three judges, two of whom shall constitute a quorum
14to hold court.
153. Article V of the Constitution of the State of Iowa is
16amended by adding the following new section:
17Jurisdiction of court of appeals. SEC. 4A. The court of
18appeals shall have appellate jurisdiction only in cases of
19chancery, and shall constitute a court for the correction of
20errors at law, under such restrictions as the general assembly
21may, by law, prescribe; and shall have power to issue all writs
22and process necessary to secure justice to parties. The court
23of appeals shall be an inferior tribunal to the supreme court.
244. Section 7 of Article V of the Constitution of the State
25of Iowa is amended to read as follows:
26Conservators of the peace. SEC. 7. The judges of the
27supreme court, court of appeals, and district courts shall be
28conservators of the peace throughout the state.
295. Section 10 of Article V of the Constitution of the State
30of Iowa, as amended by Amendment 2 of the Amendments of 1884,
31is amended to read as follows:
32Judicial districts. SEC. 10. The general assembly may
33reorganize the judicial districts and increase or diminish the
34number of districts, or the number of judges of the said court,
35and may increase the number of judges of the supreme court;
-1- 1and may increase the number of judges of the court of appeals;
2 but such increase or diminution shall not be more than one
3district, or one judge of either court, at any one session,
4except any increase or diminution of the number of judges of
5the court of appeals shall commence at nine judges; and no
6reorganization of the districts, or diminution of the number of
7judges, shall have the effect of removing a judge from office.
8Such reorganization of the districts, or any change in the
9boundaries thereof, or increase or diminution of the number
10of judges, shall take place every four years thereafter, if
11necessary, and at no other time.
12At any regular session of the general assembly the state may
13be divided into the necessary judicial districts for district
14court purposes, or the said districts may be reorganized and
15the number of the districts and the judges of said courts
16increased or diminished; but no reorganization of the districts
17or diminution of the judges shall have the effect of removing a
18judge from office.
19 Sec. 2. The following amendment to the Constitution of the
20State of Iowa is proposed:
211. Section 15 of Article V of the Constitution of the
22State of Iowa, as added by the Amendment of 1962, is repealed
23beginning January 1, 2021, and the following adopted in lieu
24thereof:
25Vacancies in courts. SEC. 15. Vacancies in the supreme
26court, court of appeals, and district court shall be filled by
27appointment by the governor subject to confirmation by a simple
28majority of all the members elected to the senate. A vacancy
29may be filled temporarily pending confirmation.
302. Section 16 of Article V of the Constitution of the
31State of Iowa, as added by the Amendment of 1962, is repealed
32beginning January 1, 2021.
333. Section 17 of Article V of the Constitution of the State
34of Iowa, as added by the Amendment of 1962, is amended to read
35as follows:
-2- 1Terms — judicial elections. SEC. 17. Members of all courts
2shall have such tenure in office as may be fixed by law, but
3terms of supreme court judges shall be not less than eight
4years, terms of court of appeals judges shall not be less than
5six years, and terms of district court judges shall be not
6less than six years. Judges shall serve for one year after
7appointment and until the first day of January following the
8next judicial election after the expiration of such year.
9They shall at such judicial election stand for retention in
10office on a separate ballot which shall submit the question of
11whether such judge shall be retained in office for the tenure
12prescribed for such office and when such tenure is a term of
13years, on their request, they shall, at the judicial election
14next before the end of each term, stand again for retention on
15such ballot. Present supreme court and district court judges,
16at the expiration of their respective terms, may be retained
17in office in like manner for the tenure prescribed for such
18office. The general assembly shall prescribe the time for
19holding judicial elections.
204. Section 18 of Article V of the Constitution of the State
21of Iowa, as added by the Amendment of 1962, is amended to read
22as follows:
23Salaries — qualifications — retirement. SEC. 18. Judges
24of the supreme court, court of appeals, and district court
25shall receive salaries from the state, shall be members of
26the bar of the state and shall have such other qualifications
27as may be prescribed by law. Judges of the supreme court,
28court of appeals, and district court shall be ineligible to
29any other office of the state while serving on said court
30and for two years thereafter, except that district judges of
31the court of appeals and district court shall be eligible to
32the office of supreme court judge. Other judicial officers
33shall be selected in such manner and shall have such tenure,
34compensation and other qualification as may be fixed by law.
35The general assembly shall prescribe mandatory retirement for
-3-1judges of the supreme court, court of appeals, and district
2court at a specified age and shall provide for adequate
3retirement compensation. Retired judges may be subject to
4special assignment to temporary judicial duties by the supreme
5court, as provided by law.
6 Sec. 3.REFERRAL AND PUBLICATION. The foregoing amendments
7to the Constitution of the State of Iowa are referred to the
8general assembly to be chosen at the next general election
9for members of the general assembly, and the secretary of
10state is directed to cause the same to be published for three
11consecutive months previous to the date of that election as
12provided by law.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This joint resolution proposes two amendments to the
17Constitution of the State of Iowa relating to the appointment
18and jurisdiction of judicial officers.
19Currently, the Iowa constitution is silent regarding the
20nomination and appointment of judges of the court of appeals.
21The first amendment in the resolution constitutionally
22establishes the minimum number of court of appeals judges at
23three judges, which is consistent with the minimum number of
24constitutionally required justices of the supreme court. The
25resolution also allows the general assembly to increase or
26decrease the number of court of appeals judges from the current
27nine judges who sit on the court of appeals.
28The resolution provides that the court of appeals shall
29have appellate jurisdiction only in cases of chancery and
30shall constitute a court for the correction of errors at law,
31under such restrictions as the general assembly may, by law,
32prescribe. The resolution also specifies that the court of
33appeals is an inferior tribunal to the supreme court.
34The resolution provides that the judges of the court of
35appeals shall be conservators of peace throughout the state.
-4- 1The resolution establishes the term of a judge of the court
2of appeals at six years. The term of six years is consistent
3with the existing statutory law under Code section 46.16.
4The resolution specifies that a court of appeals judge is
5eligible to receive a salary from the state which is consistent
6with other salary language applicable to a supreme court
7justice or district judge. The resolution specifies that a
8court of appeals judge is ineligible for any other office
9of the state for at least two years after serving on the
10court, except a court of appeals judge would be eligible to be
11appointed to the supreme court.
12The second amendment in the resolution eliminates the state
13judicial nominating commission and district judicial nominating
14commissions and establishes a new procedure for the appointment
15of persons to the supreme court, court of appeals, and district
16court. The resolution requires the governor to appoint persons
17to the supreme court, court of appeals, or district court,
18subject to confirmation by a simple majority of all the members
19elected to the senate. The resolution specifies that a vacancy
20may be filled temporarily pending confirmation.
21Under the current constitution and statutes, the state
22judicial nominating commission nominates persons for
23appointment by the governor to the supreme court and court
24of appeals and each district judicial nominating commission
25nominates persons for appointment by the governor to the
26district court bench.
27The resolution, if adopted, would be referred to the next
28general assembly (88th) for adoption a second time before the
29amendment is submitted to the electorate for ratification at
30the 2020 general election.
31The amendment, if adopted and ratified by the electorate,
32takes effect January 1, 2021.
-5-jm/rj
2of the State of Iowa relating to the appointment and
3jurisdiction of judicial officers.
4BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. The following amendment to the Constitution of
2the State of Iowa is proposed:
31. Section 1 of Article V of the Constitution of the State
4of Iowa is amended, beginning January 1, 2021, to read as
5follows:
6Courts. SECTION. 1. The judicial power shall be vested in
7a supreme court, court of appeals,district courts, and such
8other courts, inferior to the supreme court, as the general
9assembly may, from time to time, establish.
102. Article V of the Constitution of the State of Iowa is
11amended by adding the following new section:
12Court of appeals. SEC. 2A. The court of appeals shall
13consist of three judges, two of whom shall constitute a quorum
14to hold court.
153. Article V of the Constitution of the State of Iowa is
16amended by adding the following new section:
17Jurisdiction of court of appeals. SEC. 4A. The court of
18appeals shall have appellate jurisdiction only in cases of
19chancery, and shall constitute a court for the correction of
20errors at law, under such restrictions as the general assembly
21may, by law, prescribe; and shall have power to issue all writs
22and process necessary to secure justice to parties. The court
23of appeals shall be an inferior tribunal to the supreme court.
244. Section 7 of Article V of the Constitution of the State
25of Iowa is amended to read as follows:
26Conservators of the peace. SEC. 7. The judges of the
27supreme court, court of appeals, and district courts shall be
28conservators of the peace throughout the state.
295. Section 10 of Article V of the Constitution of the State
30of Iowa, as amended by Amendment 2 of the Amendments of 1884,
31is amended to read as follows:
32Judicial districts. SEC. 10. The general assembly may
33reorganize the judicial districts and increase or diminish the
34number of districts, or the number of judges of the said court,
35and may increase the number of judges of the supreme court;
-1- 1and may increase the number of judges of the court of appeals;
2 but such increase or diminution shall not be more than one
3district, or one judge of either court, at any one session,
4except any increase or diminution of the number of judges of
5the court of appeals shall commence at nine judges; and no
6reorganization of the districts, or diminution of the number of
7judges, shall have the effect of removing a judge from office.
8Such reorganization of the districts, or any change in the
9boundaries thereof, or increase or diminution of the number
10of judges, shall take place every four years thereafter, if
11necessary, and at no other time.
12At any regular session of the general assembly the state may
13be divided into the necessary judicial districts for district
14court purposes, or the said districts may be reorganized and
15the number of the districts and the judges of said courts
16increased or diminished; but no reorganization of the districts
17or diminution of the judges shall have the effect of removing a
18judge from office.
19 Sec. 2. The following amendment to the Constitution of the
20State of Iowa is proposed:
211. Section 15 of Article V of the Constitution of the
22State of Iowa, as added by the Amendment of 1962, is repealed
23beginning January 1, 2021, and the following adopted in lieu
24thereof:
25Vacancies in courts. SEC. 15. Vacancies in the supreme
26court, court of appeals, and district court shall be filled by
27appointment by the governor subject to confirmation by a simple
28majority of all the members elected to the senate. A vacancy
29may be filled temporarily pending confirmation.
302. Section 16 of Article V of the Constitution of the
31State of Iowa, as added by the Amendment of 1962, is repealed
32beginning January 1, 2021.
333. Section 17 of Article V of the Constitution of the State
34of Iowa, as added by the Amendment of 1962, is amended to read
35as follows:
-2- 1Terms — judicial elections. SEC. 17. Members of all courts
2shall have such tenure in office as may be fixed by law, but
3terms of supreme court judges shall be not less than eight
4years, terms of court of appeals judges shall not be less than
5six years, and terms of district court judges shall be not
6less than six years. Judges shall serve for one year after
7appointment and until the first day of January following the
8next judicial election after the expiration of such year.
9They shall at such judicial election stand for retention in
10office on a separate ballot which shall submit the question of
11whether such judge shall be retained in office for the tenure
12prescribed for such office and when such tenure is a term of
13years, on their request, they shall, at the judicial election
14next before the end of each term, stand again for retention on
15such ballot. Present supreme court and district court judges,
16at the expiration of their respective terms, may be retained
17in office in like manner for the tenure prescribed for such
18office. The general assembly shall prescribe the time for
19holding judicial elections.
204. Section 18 of Article V of the Constitution of the State
21of Iowa, as added by the Amendment of 1962, is amended to read
22as follows:
23Salaries — qualifications — retirement. SEC. 18. Judges
24of the supreme court, court of appeals, and district court
25shall receive salaries from the state, shall be members of
26the bar of the state and shall have such other qualifications
27as may be prescribed by law. Judges of the supreme court,
28court of appeals, and district court shall be ineligible to
29any other office of the state while serving on said court
30and for two years thereafter, except that district judges of
31the court of appeals and district court shall be eligible to
32the office of supreme court judge. Other judicial officers
33shall be selected in such manner and shall have such tenure,
34compensation and other qualification as may be fixed by law.
35The general assembly shall prescribe mandatory retirement for
-3-1judges of the supreme court, court of appeals, and district
2court at a specified age and shall provide for adequate
3retirement compensation. Retired judges may be subject to
4special assignment to temporary judicial duties by the supreme
5court, as provided by law.
6 Sec. 3.REFERRAL AND PUBLICATION. The foregoing amendments
7to the Constitution of the State of Iowa are referred to the
8general assembly to be chosen at the next general election
9for members of the general assembly, and the secretary of
10state is directed to cause the same to be published for three
11consecutive months previous to the date of that election as
12provided by law.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This joint resolution proposes two amendments to the
17Constitution of the State of Iowa relating to the appointment
18and jurisdiction of judicial officers.
19Currently, the Iowa constitution is silent regarding the
20nomination and appointment of judges of the court of appeals.
21The first amendment in the resolution constitutionally
22establishes the minimum number of court of appeals judges at
23three judges, which is consistent with the minimum number of
24constitutionally required justices of the supreme court. The
25resolution also allows the general assembly to increase or
26decrease the number of court of appeals judges from the current
27nine judges who sit on the court of appeals.
28The resolution provides that the court of appeals shall
29have appellate jurisdiction only in cases of chancery and
30shall constitute a court for the correction of errors at law,
31under such restrictions as the general assembly may, by law,
32prescribe. The resolution also specifies that the court of
33appeals is an inferior tribunal to the supreme court.
34The resolution provides that the judges of the court of
35appeals shall be conservators of peace throughout the state.
-4- 1The resolution establishes the term of a judge of the court
2of appeals at six years. The term of six years is consistent
3with the existing statutory law under Code section 46.16.
4The resolution specifies that a court of appeals judge is
5eligible to receive a salary from the state which is consistent
6with other salary language applicable to a supreme court
7justice or district judge. The resolution specifies that a
8court of appeals judge is ineligible for any other office
9of the state for at least two years after serving on the
10court, except a court of appeals judge would be eligible to be
11appointed to the supreme court.
12The second amendment in the resolution eliminates the state
13judicial nominating commission and district judicial nominating
14commissions and establishes a new procedure for the appointment
15of persons to the supreme court, court of appeals, and district
16court. The resolution requires the governor to appoint persons
17to the supreme court, court of appeals, or district court,
18subject to confirmation by a simple majority of all the members
19elected to the senate. The resolution specifies that a vacancy
20may be filled temporarily pending confirmation.
21Under the current constitution and statutes, the state
22judicial nominating commission nominates persons for
23appointment by the governor to the supreme court and court
24of appeals and each district judicial nominating commission
25nominates persons for appointment by the governor to the
26district court bench.
27The resolution, if adopted, would be referred to the next
28general assembly (88th) for adoption a second time before the
29amendment is submitted to the electorate for ratification at
30the 2020 general election.
31The amendment, if adopted and ratified by the electorate,
32takes effect January 1, 2021.
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