Bill Text: IA HJR6 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A joint resolution proposing amendments to the Constitution of the State of Iowa relating to the appointment and jurisdiction of judicial officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-01 - Introduced, referred to Judiciary. H.J. 169. [HJR6 Detail]
Download: Iowa-2017-HJR6-Introduced.html
House Joint Resolution 6 - Introduced HOUSE JOINT RESOLUTION BY SALMON HOUSE JOINT RESOLUTION 1 A Joint Resolution proposing amendments to the Constitution 2 of the State of Iowa relating to the appointment and 3 jurisdiction of judicial officers. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1143YH (11) 87 jm/rj 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 1 of Article V of the Constitution of the State 1 4 of Iowa is amended, beginning January 1, 2021, to read as 1 5 follows: 1 6 Courts.SECTION. 1. The judicial power shall be vested in 1 7 a supreme court, court of appeals, district courts, and such 1 8 other courts, inferior to the supreme court, as the general 1 9 assembly may, from time to time, establish. 1 10 2. Article V of the Constitution of the State of Iowa is 1 11 amended by adding the following new section: 1 12 Court of appeals.SEC. 2A. The court of appeals shall 1 13 consist of three judges, two of whom shall constitute a quorum 1 14 to hold court. 1 15 3. Article V of the Constitution of the State of Iowa is 1 16 amended by adding the following new section: 1 17 Jurisdiction of court of appeals.SEC. 4A. The court of 1 18 appeals shall have appellate jurisdiction only in cases of 1 19 chancery, and shall constitute a court for the correction of 1 20 errors at law, under such restrictions as the general assembly 1 21 may, by law, prescribe; and shall have power to issue all writs 1 22 and process necessary to secure justice to parties. The court 1 23 of appeals shall be an inferior tribunal to the supreme court. 1 24 4. Section 7 of Article V of the Constitution of the State 1 25 of Iowa is amended to read as follows: 1 26 Conservators of the peace.SEC. 7. The judges of the 1 27 supreme court, court of appeals, and district courts shall be 1 28 conservators of the peace throughout the state. 1 29 5. Section 10 of Article V of the Constitution of the State 1 30 of Iowa, as amended by Amendment 2 of the Amendments of 1884, 1 31 is amended to read as follows: 1 32 Judicial districts.SEC. 10. The general assembly may 1 33 reorganize the judicial districts and increase or diminish the 1 34 number of districts, or the number of judges of the said court, 1 35 and may increase the number of judges of the supreme court; 2 1 and may increase the number of judges of the court of appeals; 2 2 but such increase or diminution shall not be more than one 2 3 district, or one judge of either court, at any one session, 2 4 except any increase or diminution of the number of judges of 2 5 the court of appeals shall commence at nine judges; and no 2 6 reorganization of the districts, or diminution of the number of 2 7 judges, shall have the effect of removing a judge from office. 2 8 Such reorganization of the districts, or any change in the 2 9 boundaries thereof, or increase or diminution of the number 2 10 of judges, shall take place every four years thereafter, if 2 11 necessary, and at no other time. 2 12 At any regular session of the general assembly the state may 2 13 be divided into the necessary judicial districts for district 2 14 court purposes, or the said districts may be reorganized and 2 15 the number of the districts and the judges of said courts 2 16 increased or diminished; but no reorganization of the districts 2 17 or diminution of the judges shall have the effect of removing a 2 18 judge from office. 2 19 Sec. 2. The following amendment to the Constitution of the 2 20 State of Iowa is proposed: 2 21 1. Section 15 of Article V of the Constitution of the 2 22 State of Iowa, as added by the Amendment of 1962, is repealed 2 23 beginning January 1, 2021, and the following adopted in lieu 2 24 thereof: 2 25 Vacancies in courts.SEC. 15. Vacancies in the supreme 2 26 court, court of appeals, and district court shall be filled by 2 27 appointment by the governor subject to confirmation by a simple 2 28 majority of all the members elected to the senate. A vacancy 2 29 may be filled temporarily pending confirmation. 2 30 2. Section 16 of Article V of the Constitution of the 2 31 State of Iowa, as added by the Amendment of 1962, is repealed 2 32 beginning January 1, 2021. 2 33 3. Section 17 of Article V of the Constitution of the State 2 34 of Iowa, as added by the Amendment of 1962, is amended to read 2 35 as follows: 3 1 Terms ==== judicial elections.SEC. 17. Members of all courts 3 2 shall have such tenure in office as may be fixed by law, but 3 3 terms of supreme court judges shall be not less than eight 3 4 years, terms of court of appeals judges shall not be less than 3 5 six years, and terms of district court judges shall be not 3 6 less than six years. Judges shall serve for one year after 3 7 appointment and until the first day of January following the 3 8 next judicial election after the expiration of such year. 3 9 They shall at such judicial election stand for retention in 3 10 office on a separate ballot which shall submit the question of 3 11 whether such judge shall be retained in office for the tenure 3 12 prescribed for such office and when such tenure is a term of 3 13 years, on their request, they shall, at the judicial election 3 14 next before the end of each term, stand again for retention on 3 15 such ballot.Present supreme court and district court judges, 3 16 at the expiration of their respective terms, may be retained 3 17 in office in like manner for the tenure prescribed for such 3 18 office.The general assembly shall prescribe the time for 3 19 holding judicial elections. 3 20 4. Section 18 of Article V of the Constitution of the State 3 21 of Iowa, as added by the Amendment of 1962, is amended to read 3 22 as follows: 3 23 Salaries ==== qualifications ==== retirement.SEC. 18. Judges 3 24 of the supreme court, court of appeals, and district court 3 25 shall receive salaries from the state, shall be members of 3 26 the bar of the state and shall have such other qualifications 3 27 as may be prescribed by law. Judges of the supreme court, 3 28 court of appeals, and district court shall be ineligible to 3 29 any other office of the state while serving on said court 3 30 and for two years thereafter, except thatdistrictjudges of 3 31 the court of appeals and district court shall be eligible to 3 32 the office of supreme court judge. Other judicial officers 3 33 shall be selected in such manner and shall have such tenure, 3 34 compensation and other qualification as may be fixed by law. 3 35 The general assembly shall prescribe mandatory retirement for 4 1 judges of the supreme court, court of appeals, and district 4 2 court at a specified age and shall provide for adequate 4 3 retirement compensation. Retired judges may be subject to 4 4 special assignment to temporary judicial duties by the supreme 4 5 court, as provided by law. 4 6 Sec. 3. REFERRAL AND PUBLICATION. The foregoing amendments 4 7 to the Constitution of the State of Iowa are referred to the 4 8 general assembly to be chosen at the next general election 4 9 for members of the general assembly, and the secretary of 4 10 state is directed to cause the same to be published for three 4 11 consecutive months previous to the date of that election as 4 12 provided by law. 4 13 EXPLANATION 4 14 The inclusion of this explanation does not constitute agreement with 4 15 the explanation's substance by the members of the general assembly. 4 16 This joint resolution proposes two amendments to the 4 17 Constitution of the State of Iowa relating to the appointment 4 18 and jurisdiction of judicial officers. 4 19 Currently, the Iowa constitution is silent regarding the 4 20 nomination and appointment of judges of the court of appeals. 4 21 The first amendment in the resolution constitutionally 4 22 establishes the minimum number of court of appeals judges at 4 23 three judges, which is consistent with the minimum number of 4 24 constitutionally required justices of the supreme court. The 4 25 resolution also allows the general assembly to increase or 4 26 decrease the number of court of appeals judges from the current 4 27 nine judges who sit on the court of appeals. 4 28 The resolution provides that the court of appeals shall 4 29 have appellate jurisdiction only in cases of chancery and 4 30 shall constitute a court for the correction of errors at law, 4 31 under such restrictions as the general assembly may, by law, 4 32 prescribe. The resolution also specifies that the court of 4 33 appeals is an inferior tribunal to the supreme court. 4 34 The resolution provides that the judges of the court of 4 35 appeals shall be conservators of peace throughout the state. 5 1 The resolution establishes the term of a judge of the court 5 2 of appeals at six years. The term of six years is consistent 5 3 with the existing statutory law under Code section 46.16. 5 4 The resolution specifies that a court of appeals judge is 5 5 eligible to receive a salary from the state which is consistent 5 6 with other salary language applicable to a supreme court 5 7 justice or district judge. The resolution specifies that a 5 8 court of appeals judge is ineligible for any other office 5 9 of the state for at least two years after serving on the 5 10 court, except a court of appeals judge would be eligible to be 5 11 appointed to the supreme court. 5 12 The second amendment in the resolution eliminates the state 5 13 judicial nominating commission and district judicial nominating 5 14 commissions and establishes a new procedure for the appointment 5 15 of persons to the supreme court, court of appeals, and district 5 16 court. The resolution requires the governor to appoint persons 5 17 to the supreme court, court of appeals, or district court, 5 18 subject to confirmation by a simple majority of all the members 5 19 elected to the senate. The resolution specifies that a vacancy 5 20 may be filled temporarily pending confirmation. 5 21 Under the current constitution and statutes, the state 5 22 judicial nominating commission nominates persons for 5 23 appointment by the governor to the supreme court and court 5 24 of appeals and each district judicial nominating commission 5 25 nominates persons for appointment by the governor to the 5 26 district court bench. 5 27 The resolution, if adopted, would be referred to the next 5 28 general assembly (88th) for adoption a second time before the 5 29 amendment is submitted to the electorate for ratification at 5 30 the 2020 general election. 5 31 The amendment, if adopted and ratified by the electorate, 5 32 takes effect January 1, 2021. LSB 1143YH (11) 87 jm/rj
