Bill Text: IA HF2481 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to judicial selection, including the nominees to the court of appeals, and the appointments, resignations, and residency requirements of district judges, district associate judges, associate juvenile judges, and associate probate judges. (Formerly HSB 636.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-04-21 - Signed by Governor. H.J. 852. [HF2481 Detail]
Download: Iowa-2021-HF2481-Enrolled.html
House
File
2481
-
Enrolled
House
File
2481
AN
ACT
RELATING
TO
JUDICIAL
SELECTION,
INCLUDING
THE
NOMINEES
TO
THE
COURT
OF
APPEALS,
AND
THE
APPOINTMENTS,
RESIGNATIONS,
AND
RESIDENCY
REQUIREMENTS
OF
DISTRICT
JUDGES,
DISTRICT
ASSOCIATE
JUDGES,
ASSOCIATE
JUVENILE
JUDGES,
AND
ASSOCIATE
PROBATE
JUDGES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
46.14,
subsection
1,
Code
2022,
is
amended
to
read
as
follows:
1.
Each
judicial
nominating
commission
shall
carefully
consider
the
individuals
available
for
judge,
and
within
sixty
days
after
receiving
notice
of
a
vacancy
shall
certify
to
the
governor
and
the
chief
justice
the
proper
number
of
nominees,
in
alphabetical
order.
Such
nominees
shall
be
chosen
by
the
affirmative
vote
of
a
majority
of
the
full
statutory
number
of
commissioners
upon
the
basis
of
their
qualifications
and
without
regard
to
political
affiliation.
Nominees
shall
be
members
of
the
bar
of
Iowa,
shall
be
residents
of
the
state
or
district
of
the
court
or
a
county
contiguous
with
the
district
to
which
they
are
nominated,
and
shall
be
of
such
age
that
they
will
be
able
to
serve
an
initial
and
one
regular
term
of
office
to
which
they
are
nominated
before
reaching
the
age
of
seventy-two
years.
Nominees
for
district
judge
shall
file
a
certified
application
form,
to
be
provided
by
the
supreme
court,
with
the
chairperson
of
the
district
judicial
nominating
commission.
Absence
of
a
commissioner
or
vacancy
House
File
2481,
p.
2
upon
the
commission
shall
not
invalidate
a
nomination.
The
chairperson
of
the
commission
shall
promptly
certify
the
names
of
the
nominees,
in
alphabetical
order,
to
the
governor
and
the
chief
justice
by
sending
by
electronic
mail
the
certification
to
the
governor
and
chief
justice
or
the
governor’s
and
chief
justice’s
designees
on
the
day
of
the
nomination
.
Sec.
2.
Section
46.14A,
Code
2022,
is
amended
to
read
as
follows:
46.14A
Court
of
appeals
——
nominees.
Vacancies
in
the
court
of
appeals
shall
be
filled
by
appointment
by
the
governor
from
a
list
of
nominees
submitted
by
the
state
judicial
nominating
commission.
Three
Five
nominees
shall
be
submitted
for
each
vacancy.
Nominees
to
the
court
of
appeals
shall
have
the
qualifications
prescribed
for
nominees
to
the
supreme
court.
Sec.
3.
Section
602.2301,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
Notwithstanding
sections
602.6304
,
602.7103B
,
and
633.20B
,
the
chief
justice
may
order
any
county
magistrate
appointing
commission
the
state
commissioner
of
elections
to
delay,
for
budgetary
reasons,
publicizing
the
notice
the
sending
of
a
notification
to
the
governor
that
a
vacancy
in
the
office
of
a
vacancy
for
a
district
associate
judgeship
judge
,
associate
juvenile
judgeship
judge
,
or
associate
probate
judgeship
judge
has
occurred
or
will
occur
.
Sec.
4.
Section
602.6201,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
A
district
judge
must
be
a
resident
of
the
judicial
election
district
or
a
resident
of
a
county
contiguous
with
the
judicial
election
district
in
which
appointed
and
retained
before
assuming
office
and
must
be
a
resident
of
the
judicial
election
district
during
the
entire
term
of
office
.
Subject
to
the
provision
for
reassignment
of
judges
under
section
602.6108
,
a
district
judge
shall
serve
in
the
district
of
the
judge’s
residence
while
in
office,
regardless
of
the
number
of
judgeships
to
which
the
district
is
entitled
under
the
formula
prescribed
by
the
supreme
court
in
subsection
3
.
Sec.
5.
Section
602.6302,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
House
File
2481,
p.
3
2.
An
order
of
substitution
shall
not
take
effect
unless
a
copy
of
the
order
is
received
by
the
chairperson
of
the
county
magistrate
appointing
commission
or
commissions
and
the
governor
no
later
than
May
31
of
the
year
in
which
the
substitution
is
to
take
effect.
A
copy
of
the
order
shall
also
be
sent
to
the
state
court
administrator.
Sec.
6.
Section
602.6303,
subsection
2,
Code
2022,
is
amended
to
read
as
follows:
2.
An
order
of
substitution
shall
not
take
effect
unless
a
copy
of
the
order
is
received
by
the
chairperson
of
the
county
magistrate
appointing
commission
or
commissions
and
the
governor
no
later
than
May
31
of
the
year
in
which
the
substitution
is
to
take
effect.
The
order
shall
designate
the
county
of
appointment
for
each
magistrate.
A
copy
of
the
order
shall
also
be
sent
to
the
state
court
administrator.
Sec.
7.
Section
602.6304,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
602.6304
Appointment
and
resignation
of
district
associate
judges.
1.
The
district
associate
judges
authorized
by
sections
602.6301
and
602.6302
shall
be
appointed
by
the
governor
from
persons
nominated
by
the
district
judicial
nominating
commission
in
the
same
manner
as
district
judges
under
chapter
46.
2.
A
district
associate
judge
who
seeks
to
resign
from
the
office
of
district
associate
judge
shall
notify
in
writing
the
governor,
the
chief
judge
of
the
judicial
district,
and
the
state
commissioner
of
elections
as
to
the
district
associate
judge’s
intention
to
resign
and
the
effective
date
of
the
resignation.
3.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
twenty
days
in
the
office
of
the
district
associate
judge,
the
state
commissioner
of
elections
shall
forthwith
so
notify
the
governor.
The
governor
shall
call
a
meeting
of
the
commission
within
ten
days
after
such
notice.
If
the
governor
fails
to
do
so,
the
chief
justice
shall
call
such
meeting.
Sec.
8.
Section
602.6305,
subsections
2
and
3,
Code
2022,
are
amended
to
read
as
follows:
2.
A
person
does
not
qualify
for
appointment
to
the
office
House
File
2481,
p.
4
of
district
associate
judge
unless
the
person
is
at
the
time
of
appointment
a
resident
of
the
judicial
election
district
in
which
the
vacancy
exists,
licensed
to
practice
law
in
Iowa
,
and
will
be
able,
measured
by
the
person’s
age
at
the
time
of
appointment,
to
complete
the
initial
term
of
office
prior
to
reaching
age
seventy-two.
An
applicant
for
district
associate
judge
shall
file
a
certified
application
form,
to
be
provided
by
the
supreme
court,
with
the
chairperson
of
the
county
magistrate
appointing
commission.
A
nominee
to
the
office
of
district
associate
judge
must
reside
in
the
judicial
election
district
to
which
the
nominee
is
nominated
or
in
a
contiguous
county
to
the
judicial
election
district
to
which
the
nominee
is
nominated.
3.
A
district
associate
judge
must
be
a
resident
of
the
judicial
election
district
in
which
the
office
is
held
before
assuming
office
and
during
the
entire
term
of
office.
A
district
associate
judge
shall
serve
within
the
judicial
district
in
which
appointed,
as
directed
by
the
chief
judge,
and
is
subject
to
reassignment
under
section
602.6108
.
Sec.
9.
Section
602.6502,
Code
2022,
is
amended
to
read
as
follows:
602.6502
Prohibitions
to
appointment.
A
member
of
a
county
magistrate
appointing
commission
shall
not
be
appointed
to
the
office
of
magistrate
,
and
shall
not
be
nominated
for
or
appointed
to
the
office
of
district
associate
judge,
office
of
associate
juvenile
judge,
or
office
of
associate
probate
judge
.
A
member
of
the
commission
shall
not
be
eligible
to
vote
for
the
appointment
or
nomination
of
a
family
member,
current
law
partner,
or
current
business
partner.
For
purposes
of
this
section
,
“family
member”
means
a
spouse,
son,
daughter,
brother,
sister,
uncle,
aunt,
first
cousin,
nephew,
niece,
father-in-law,
mother-in-law,
son-in-law,
daughter-in-law,
brother-in-law,
sister-in-law,
father,
mother,
stepfather,
stepmother,
stepson,
stepdaughter,
stepbrother,
stepsister,
half
brother,
or
half
sister.
Sec.
10.
Section
602.7103B,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
602.7103B
Appointment
and
resignation
of
full-time
associate
House
File
2481,
p.
5
juvenile
judges.
1.
Full-time
associate
juvenile
judges
shall
be
appointed
by
the
governor
from
persons
nominated
by
the
district
judicial
nominating
commission
in
the
same
manner
as
district
judges
under
chapter
46.
2.
A
full-time
associate
juvenile
judge
who
seeks
to
resign
from
the
office
of
full-time
associate
juvenile
judge
shall
notify
in
writing
the
governor,
the
chief
judge
of
the
judicial
district,
and
the
state
commissioner
of
elections
as
to
the
full-time
associate
judge’s
intention
to
resign
and
the
effective
date
of
the
resignation.
3.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
twenty
days
in
the
office
of
a
full-time
associate
juvenile
judge,
the
state
commissioner
of
elections
shall
forthwith
so
notify
the
governor.
The
governor
shall
call
a
meeting
of
the
commission
within
ten
days
after
such
notice.
If
the
governor
fails
to
do
so,
the
chief
justice
shall
call
such
meeting.
Sec.
11.
Section
602.7103C,
subsections
2
and
3,
Code
2022,
are
amended
to
read
as
follows:
2.
A
person
does
not
qualify
for
appointment
to
the
office
of
full-time
associate
juvenile
judge
unless
the
person
is
at
the
time
of
appointment
a
resident
of
the
county
in
which
the
vacancy
exists,
licensed
to
practice
law
in
Iowa
,
and
will
be
able,
measured
by
the
person’s
age
at
the
time
of
appointment,
to
complete
the
initial
term
of
office
prior
to
reaching
age
seventy-two.
An
applicant
for
full-time
associate
juvenile
judge
shall
file
a
certified
application
form,
to
be
provided
by
the
supreme
court,
with
the
chairperson
of
the
county
magistrate
appointing
commission
A
nominee
to
the
office
of
full-time
associate
juvenile
judge
must
reside
in
the
judicial
election
district
to
which
the
nominee
is
nominated
or
in
a
contiguous
county
to
the
judicial
election
district
to
which
the
nominee
is
nominated
.
3.
A
full-time
associate
juvenile
judge
must
be
a
resident
of
a
county
the
judicial
election
district
in
which
the
office
is
held
before
assuming
office
and
during
the
entire
term
of
office.
A
full-time
associate
juvenile
judge
shall
serve
within
the
judicial
district
in
which
appointed,
as
directed
by
the
chief
judge,
and
is
subject
to
reassignment
under
section
House
File
2481,
p.
6
602.6108
.
Sec.
12.
Section
633.20B,
Code
2022,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
633.20B
Appointment
and
resignation
of
full-time
associate
probate
judges.
1.
Full-time
associate
probate
judges
shall
be
appointed
by
the
governor
from
persons
nominated
by
the
district
judicial
nominating
commission
in
the
same
manner
as
district
judges
under
chapter
46.
2.
A
full-time
associate
probate
judge
who
seeks
to
resign
from
the
office
of
full-time
associate
probate
judge
shall
notify
in
writing
the
governor,
the
chief
judge
of
the
judicial
district,
and
the
state
commissioner
of
elections
as
to
the
full-time
associate
probate
judge’s
intention
to
resign
and
the
effective
date
of
the
resignation.
3.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
twenty
days
in
the
office
of
a
full-time
associate
probate
judge,
the
state
commissioner
of
elections
shall
forthwith
so
notify
the
governor.
The
governor
shall
call
a
meeting
of
the
commission
within
ten
days
after
such
notice.
If
the
governor
fails
to
do
so,
the
chief
justice
shall
call
such
meeting.
Sec.
13.
Section
633.20C,
subsections
2
and
3,
Code
2022,
are
amended
to
read
as
follows:
2.
A
person
does
not
qualify
for
appointment
to
the
office
of
full-time
associate
probate
judge
unless
the
person
is
at
the
time
of
appointment
a
resident
of
the
county
in
which
the
vacancy
exists,
licensed
to
practice
law
in
Iowa
,
and
will
be
able,
measured
by
the
person’s
age
at
the
time
of
appointment,
to
complete
the
initial
term
of
office
prior
to
reaching
age
seventy-two.
An
applicant
for
full-time
associate
probate
judge
shall
file
a
certified
application
form,
to
be
provided
by
the
supreme
court,
with
the
chairperson
of
the
county
magistrate
appointing
commission
A
nominee
to
the
office
of
full-time
associate
probate
judge
must
reside
in
the
judicial
election
district
to
which
the
nominee
is
nominated
or
in
a
contiguous
county
to
the
judicial
election
district
to
which
the
nominee
is
nominated
.
3.
A
full-time
associate
probate
judge
must
be
a
resident
of
a
county
the
judicial
election
district
in
which
the
office
House
File
2481,
p.
7
is
held
before
assuming
office
and
during
the
entire
term
of
office.
A
full-time
associate
probate
judge
shall
serve
within
the
judicial
district
in
which
appointed,
as
directed
by
the
chief
judge,
and
is
subject
to
reassignment
under
section
602.6108
.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2481,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
