Bill Text: IA HJR2004 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the appointment of supreme court justices and district judges.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-01 - Subcommittee recommends indefinite postponement. [HJR2004 Detail]

Download: Iowa-2017-HJR2004-Introduced.html

House Joint Resolution 2004 - Introduced




                                 HOUSE JOINT RESOLUTION       
                                 BY  HEARTSILL

                                      HOUSE JOINT RESOLUTION

  1 A Joint Resolution proposing an amendment to the Constitution
  2    of the State of Iowa relating to the appointment of supreme
  3    court justices and district judges.
  4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is proposed:
  1  3    1.  Section 15 of Article V of the Constitution of the
  1  4 State of Iowa, as added by the Amendment of 1962, is repealed
  1  5 beginning January 1, 2021, and the following adopted in lieu
  1  6 thereof:
  1  7 Vacancies in courts.SEC. 15.  Vacancies in the supreme
  1  8 court and district court shall be filled by appointment by the
  1  9 governor subject to confirmation by the senate.
  1 10    2.  Section 16 of Article V of the Constitution of the
  1 11 State of Iowa, as added by the Amendment of 1962, is repealed
  1 12 beginning January 1, 2021.
  1 13    Sec. 2.  REFERRAL AND PUBLICATION.  The foregoing amendment
  1 14 to the Constitution of the State of Iowa is referred to the
  1 15 general assembly to be chosen at the next general election
  1 16 for members of the general assembly, and the secretary of
  1 17 state is directed to cause the same to be published for three
  1 18 consecutive months previous to the date of that election as
  1 19 provided by law.
  1 20                           EXPLANATION
  1 21 The inclusion of this explanation does not constitute agreement with
  1 22 the explanation's substance by the members of the general assembly.
  1 23    This joint resolution proposes an amendment to the
  1 24 Constitution of the State of Iowa relating to the appointment
  1 25 of supreme court justices and district judges.
  1 26    The state judicial nominating commission currently nominates
  1 27 persons for appointment by the governor to the supreme court
  1 28 and court of appeals and each district judicial nominating
  1 29 commission nominates persons for appointment by the governor to
  1 30 the district court bench.
  1 31    The resolution eliminates the state judicial nominating
  1 32 commission and district judicial nominating commissions and
  1 33 establishes a new procedure for the appointment of persons
  1 34 to the supreme court or district court.  The resolution
  1 35 requires the governor to appoint persons to the supreme court
  2  1 or district court, subject to confirmation by the senate.
  2  2 Retention elections for the supreme court justices and district
  2  3 judges required by the constitution remain in place. The
  2  4 resolution is silent, as is the current Iowa Constitution,
  2  5 regarding the nomination and appointment of judges of the court
  2  6 of appeals.
  2  7    The resolution, if adopted, would be referred to the next
  2  8 general assembly (88th) for adoption a second time before the
  2  9 amendment is submitted to the electorate for ratification.
  2 10    The amendment, if adopted and ratified by the electorate,
  2 11 takes effect January 1, 2021.
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