Bill Text: IA HSB110 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the membership and procedures of the state judicial nominating commission and district judicial nominating commission and to the selection and qualifications of judges, associate judges, and the chief justice, and including effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-21 - Committee report, recommending amendment and passage. H.J. 347. [HSB110 Detail]
Download: Iowa-2019-HSB110-Introduced.html
House
Study
Bill
110
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
the
membership
and
procedures
of
the
1
state
judicial
nominating
commission
and
district
2
judicial
nominating
commission
and
to
the
selection
and
3
qualifications
of
judges,
associate
judges,
and
the
chief
4
justice,
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1707YC
(2)
88
mo/jh
H.F.
_____
DIVISION
I
1
JUDICIAL
NOMINATING
COMMISSION
MODERNIZATION
2
Section
1.
Section
46.1,
Code
2019,
is
amended
to
read
as
3
follows:
4
46.1
Appointment
of
state
judicial
nominating
commissioners
5
by
the
governor
.
6
1.
The
governor
shall
appoint
,
subject
to
confirmation
by
7
the
senate,
one
eligible
elector
of
each
congressional
district
8
eight
eligible
electors
to
the
state
judicial
nominating
9
commission
for
a
six-year
term
beginning
and
ending
as
provided
10
in
section
69.19
.
11
2.
The
appointments
made
by
the
governor
shall
be
staggered
12
terms
of
six
years
each
and
shall
be
made
in
the
month
of
13
January
for
terms
commencing
February
1
of
odd-numbered
years.
14
The
terms
of
no
more
than
three
nor
less
than
two
of
the
members
15
commissioners
shall
expire
within
the
same
two-year
period.
16
3.
No
more
than
a
simple
majority
half
of
the
members
17
commissioners
appointed
by
the
governor
shall
be
of
the
same
18
gender.
19
4.
At
least
half
of
the
commissioners
appointed
by
the
20
governor
shall
be
admitted
to
practice
law
in
Iowa.
21
5.
All
commissioners
shall
be
chosen
without
reference
to
22
political
affiliation.
23
6.
There
shall
be
at
least
one
commissioner
appointed
by
24
the
governor
from
each
congressional
district
and
there
shall
25
not
be
more
than
two
commissioners
appointed
by
the
governor
26
from
a
single
congressional
district
unless
each
congressional
27
district
has
at
least
two
commissioners
appointed
by
the
28
governor.
29
7.
A
commissioner
who
has
served
a
full
six-year
term
on
the
30
state
judicial
nominating
commission,
whether
the
commissioner
31
was
appointed
or
elected,
shall
be
ineligible
to
be
appointed
32
to
a
second
six-year
term.
33
8.
No
person
may
be
appointed
who
holds
an
office
of
34
profit
of
the
United
States
or
of
the
state
at
the
time
of
35
-1-
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H.F.
_____
appointment.
1
Sec.
2.
Section
46.2,
Code
2019,
is
amended
by
striking
the
2
section
and
inserting
in
lieu
thereof
the
following:
3
46.2
Appointment
of
state
judicial
nominating
commissioners
4
by
legislative
leaders.
5
1.
The
speaker
of
the
house,
house
minority
leader,
senate
6
majority
leader,
and
senate
minority
leader
shall
each
appoint
7
two
eligible
electors
of
different
genders
to
the
state
8
judicial
nominating
commission.
9
2.
The
appointments
made
by
the
legislative
leaders
10
shall
be
staggered
terms
of
six
years
each
and
shall
be
made
11
in
the
month
of
January
for
terms
commencing
February
1
of
12
odd-numbered
years.
The
terms
of
no
more
than
four
nor
less
13
than
two
of
the
members
shall
expire
within
the
same
two-year
14
period.
15
3.
At
least
one
of
the
commissioners
appointed
by
each
16
legislative
leader
shall
be
admitted
to
practice
law
in
Iowa.
17
4.
All
commissioners
shall
be
chosen
without
reference
to
18
political
affiliation.
19
5.
A
legislative
leader
shall
give
due
consideration
to
area
20
representation
on
the
commission
when
making
an
appointment
and
21
shall
not
make
an
appointment
that
results
in
two
commissioners
22
serving
from
the
same
congressional
district
who
were
appointed
23
by
a
leader
of
the
same
party
in
the
same
chamber.
24
6.
An
appointment
made
to
replace
a
commissioner,
whether
in
25
the
middle
of
a
term
or
upon
the
expiration
of
the
term,
shall
26
be
made
by
the
person
holding
the
same
legislative
leadership
27
position
that
made
the
original
appointment.
28
7.
A
person
appointed
to
replace
a
commissioner,
whether
in
29
the
middle
of
a
term
or
upon
the
expiration
of
the
term,
must
be
30
of
the
same
gender
as
the
commissioner
being
replaced.
31
8.
A
commissioner
who
has
served
a
full
six-year
term
on
the
32
state
judicial
nominating
commission,
whether
the
commissioner
33
was
appointed
or
elected,
shall
be
ineligible
to
be
appointed
34
to
a
second
six-year
term.
35
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9.
No
person
may
be
appointed
who
holds
an
office
of
1
profit
of
the
United
States
or
of
the
state
at
the
time
of
2
appointment.
3
Sec.
3.
Section
46.2A,
Code
2019,
is
amended
to
read
as
4
follows:
5
46.2A
Special
appointment
or
election
of
state
judicial
6
nominating
commission
members
commissioners
.
7
1.
As
used
in
this
section
,
“congressional
district”
8
means
those
districts
established
following
the
2010
federal
9
decennial
census
and
described
in
chapter
40
.
10
2.
Notwithstanding
sections
46.1
and
46.2
,
the
terms
of
11
the
appointed
and
elected
members
commissioners
of
the
state
12
judicial
nominating
commission
serving
on
December
31,
2012,
13
the
effective
date
of
this
Act
shall
expire
at
11:59
p.m.
on
14
that
date.
Notwithstanding
section
69.1A,
commissioners
of
15
the
state
judicial
nominating
commission
serving
on
that
date
16
shall
not
hold
over
until
the
appointment
of
the
successor
17
commissioners
under
this
section.
18
3.
The
terms
of
newly
appointed
and
elected
members
19
commissioners
of
the
state
judicial
nominating
commission
20
shall
commence
on
January
1,
2013,
based
upon
the
number
of
21
congressional
districts
as
enacted
pursuant
to
chapter
42
at
22
12:00
a.m.
on
the
day
after
the
effective
date
of
this
Act
.
23
4.
The
initial
term
of
the
appointed
members
commissioners
24
appointed
by
the
governor
shall
be
as
follows:
25
a.
In
the
congressional
district
described
as
the
first
26
district,
there
shall
be
one
member
male
commissioner
with
27
a
term
of
two
years
expiring
on
January
31,
2021,
and
one
28
member
female
commissioner
with
a
term
of
six
years
expiring
on
29
January
31,
2025
.
30
b.
In
the
congressional
district
described
as
the
second
31
district,
there
shall
be
one
member
female
commissioner
with
a
32
term
of
two
years
expiring
on
January
31,
2021,
and
one
member
33
male
commissioner
with
a
term
of
four
years
expiring
on
January
34
31,
2023
.
35
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c.
In
the
congressional
district
described
as
the
third
1
district,
there
shall
be
one
member
female
commissioner
with
a
2
term
of
four
years
expiring
on
January
31,
2023,
and
one
member
3
male
commissioner
with
a
term
of
six
years
expiring
on
January
4
31,
2025
.
5
d.
In
the
congressional
district
described
as
the
fourth
6
district,
there
shall
be
one
member
male
commissioner
with
a
7
term
of
two
years
expiring
on
January
31,
2021,
and
one
member
8
female
commissioner
with
a
term
of
four
years
expiring
on
9
January
31,
2025
.
10
5.
The
initial
term
of
the
elected
members
commissioners
11
appointed
by
the
speaker
of
the
house,
the
house
minority
12
leader,
the
senate
majority
leader,
and
the
senate
minority
13
leader
shall
be
as
follows:
14
a.
In
the
congressional
district
described
as
the
first
15
district,
there
shall
be
The
speaker
of
the
house
shall
appoint
16
one
member
male
commissioner
with
a
term
of
two
years
expiring
17
on
January
31,
2023,
and
one
member
female
commissioner
with
a
18
term
of
four
years
expiring
on
January
31,
2025
.
19
b.
In
the
congressional
district
described
as
the
second
20
district,
there
shall
be
The
house
minority
leader
shall
21
appoint
one
member
male
commissioner
with
a
term
of
four
22
years
expiring
on
January
31,
2023,
and
one
member
female
23
commissioner
with
a
term
of
six
years
expiring
on
January
31,
24
2025
.
25
c.
In
the
congressional
district
described
as
the
third
26
district,
there
shall
be
The
senate
majority
leader
shall
27
appoint
one
member
male
commissioner
with
a
term
of
two
28
years
expiring
on
January
31,
2021,
and
one
member
female
29
commissioner
with
a
term
of
six
years
expiring
on
January
31,
30
2023
.
31
d.
In
the
congressional
district
described
as
the
fourth
32
district,
there
shall
be
The
senate
minority
leader
shall
33
appoint
one
member
male
commissioner
with
a
term
of
four
34
years
expiring
on
January
31,
2021,
and
one
member
female
35
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commissioner
with
a
term
of
six
years
expiring
on
January
31,
1
2023
.
2
6.
The
appointed
and
elected
members
from
each
3
congressional
district
shall
be
gender
balanced
as
provided
in
4
section
69.16A
.
5
7.
6.
After
the
initial
term
is
served
pursuant
to
this
6
section
,
the
appointed
members
commissioners
shall
be
appointed
7
to
six-year
terms
by
the
governor
as
provided
in
section
46.1
,
8
and
the
elected
members
shall
be
elected
to
six-year
terms
and
9
by
the
legislative
leaders
as
provided
in
section
46.2
.
10
7.
If
the
state
judicial
nominating
commission
has
received
11
notice
of
a
vacancy
and
has
not
yet
submitted
nominees
to
12
the
governor
prior
to
the
effective
date
of
this
Act,
the
13
newly
appointed
commission
may
choose
to
extend
its
nomination
14
process
or
conduct
a
new
nomination
process.
In
any
such
15
pending
vacancy,
notwithstanding
section
46.14,
subsection
16
1,
the
commission
must
certify
to
the
governor
and
the
chief
17
justice
the
proper
number
of
nominees
within
sixty
days
of
the
18
effective
date
of
this
Act.
19
Sec.
4.
Section
46.3,
Code
2019,
is
amended
to
read
as
20
follows:
21
46.3
Appointment
of
district
judicial
nominating
22
commissioners
by
the
governor
.
23
1.
The
governor
shall
appoint
five
four
eligible
electors
24
of
each
judicial
election
district
to
the
district
judicial
25
nominating
commission.
26
2.
The
appointments
made
by
the
governor
shall
be
to
27
staggered
terms
of
six
years
each
and
shall
be
made
in
28
the
month
of
January
for
terms
commencing
February
1
of
29
even-numbered
odd-numbered
years.
30
3.
No
more
than
a
simple
majority
half
of
the
commissioners
31
appointed
by
the
governor
shall
be
of
the
same
gender.
32
4.
All
commissioners
shall
be
chosen
without
reference
to
33
political
affiliation.
34
4.
5.
Beginning
with
terms
commencing
February
1,
2012,
35
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there
There
shall
not
be
more
than
one
appointed
commissioner
1
from
a
county
within
a
judicial
election
district
unless
2
each
county
within
the
judicial
election
district
has
an
3
appointed
or
elected
commissioner
or
the
number
of
appointed
4
commissioners
exceeds
the
number
of
counties
within
the
5
judicial
election
district.
This
subsection
shall
not
be
used
6
to
remove
an
appointed
commissioner
from
office
prior
to
the
7
expiration
of
the
commissioner’s
term.
8
6.
No
person
may
be
appointed
who
holds
an
office
of
9
profit
of
the
United
States
or
of
the
state
at
the
time
of
10
appointment.
11
Sec.
5.
Section
46.4,
Code
2019,
is
amended
by
striking
the
12
section
and
inserting
in
lieu
thereof
the
following:
13
46.4
Appointment
of
district
judicial
nominating
14
commissioners
by
legislative
leaders.
15
1.
The
speaker
of
the
house,
house
minority
leader,
senate
16
majority
leader,
and
senate
minority
leader
shall
each
appoint
17
one
eligible
elector
of
each
judicial
election
district
to
the
18
district
judicial
nominating
commission.
19
2.
The
appointments
made
by
the
legislative
leaders
20
shall
be
staggered
terms
of
six
years
each
and
shall
be
made
21
in
the
month
of
January
for
terms
commencing
February
1
of
22
odd-numbered
years.
The
terms
of
no
more
than
two
of
the
23
commissioners
appointed
by
legislative
leaders
on
a
district
24
judicial
nominating
commission
shall
expire
within
the
same
25
two-year
period.
26
3.
All
the
commissioners
appointed
by
the
legislative
27
leaders
shall
be
admitted
to
practice
law
in
Iowa.
28
4.
All
commissioners
shall
be
chosen
without
reference
to
29
political
affiliation.
30
5.
A
legislative
leader
shall
give
due
consideration
to
area
31
representation
on
the
commission
when
making
an
appointment.
32
6.
An
appointment
made
to
replace
a
commissioner,
whether
in
33
the
middle
of
a
term
or
upon
the
expiration
of
the
term,
shall
34
be
made
by
the
person
holding
the
same
leadership
position
that
35
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originally
appointed
the
commissioner.
1
7.
A
person
appointed
to
replace
a
commissioner
in
the
2
middle
of
a
term
must
be
of
the
same
gender
as
the
commissioner
3
being
replaced.
A
person
appointed
to
replace
a
commissioner
4
upon
the
end
of
a
term
shall
be
of
a
different
gender
than
the
5
commissioner
being
replaced.
6
8.
A
commissioner
who
has
served
a
full
six-year
term
7
on
the
district
judicial
nominating
commission,
whether
the
8
commissioner
was
appointed
or
elected,
shall
be
ineligible
to
9
be
appointed
to
a
second
six-year
term.
10
9.
No
person
may
be
appointed
who
holds
an
office
of
11
profit
of
the
United
States
or
of
the
state
at
the
time
of
12
appointment.
13
Sec.
6.
NEW
SECTION
.
46.4A
Special
appointment
of
district
14
judicial
nominating
commissioners.
15
1.
Notwithstanding
sections
46.3
and
46.4,
the
terms
of
the
16
appointed
and
elected
commissioners
of
the
district
judicial
17
nominating
commission
serving
on
the
effective
date
of
this
18
Act
shall
expire
at
11:59
p.m.
on
that
date.
Notwithstanding
19
section
69.1A,
commissioners
of
the
district
judicial
20
nominating
commission
serving
on
that
date
shall
not
hold
over
21
until
the
appointment
of
the
successor
commissioners
under
this
22
section.
23
2.
The
terms
of
newly
appointed
commissioners
of
the
24
district
judicial
nominating
commission
shall
commence
at
12:00
25
a.m.
on
the
day
after
the
effective
date
of
this
Act.
26
3.
The
initial
term
of
the
commissioners
appointed
by
the
27
governor
shall
be
as
follows:
28
a.
In
judicial
election
districts
1A,
2A,
3A,
5A,
5C,
8A,
29
and
the
seventh
judicial
district,
the
governor
shall
appoint
30
one
male
commissioner
with
a
term
expiring
on
January
31,
2021,
31
one
female
commissioner
with
a
term
expiring
on
January
31,
32
2021,
one
male
commissioner
with
a
term
expiring
on
January
33
31,
2023,
and
one
female
commissioner
with
a
term
expiring
on
34
January
31,
2025.
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b.
In
judicial
election
districts
1B,
2B,
3B,
5B,
8B,
1
and
the
fourth
and
sixth
judicial
districts,
the
governor
2
shall
appoint
one
female
commissioner
with
a
term
expiring
on
3
January
31,
2021,
one
male
commissioner
with
a
term
expiring
on
4
January
31,
2023,
one
female
commissioner
with
a
term
expiring
5
on
January
31,
2025,
and
one
male
commissioner
with
a
term
6
expiring
on
January
31,
2025.
7
4.
The
initial
term
of
the
commissioners
appointed
by
the
8
speaker
of
the
house,
the
house
minority
leader,
the
senate
9
majority
leader,
and
the
senate
minority
leader
shall
be
as
10
follows
in
judicial
election
districts
1A,
2A,
3A,
5A,
5C,
8A,
11
and
the
seventh
judicial
district:
12
a.
The
speaker
of
the
house
shall
appoint
one
male
13
commissioner
with
a
term
expiring
on
January
31,
2023.
14
b.
The
house
minority
leader
shall
appoint
one
female
15
commissioner
with
a
term
expiring
on
January
31,
2023.
16
c.
The
senate
majority
leader
shall
appoint
one
female
17
commissioner
with
a
term
expiring
on
January
31,
2025.
18
d.
The
senate
minority
leader
shall
appoint
one
male
19
commissioner
with
a
term
expiring
on
January
31,
2025.
20
5.
The
initial
term
of
the
commissioners
appointed
by
the
21
speaker
of
the
house,
the
house
minority
leader,
the
senate
22
majority
leader,
and
the
senate
minority
leader
shall
be
as
23
follows
in
judicial
election
districts
1B,
2B,
3B,
5B,
8B,
and
24
the
fourth
and
sixth
judicial
districts:
25
a.
The
speaker
of
the
house
shall
appoint
one
female
26
commissioner
with
a
term
expiring
on
January
31,
2021.
27
b.
The
house
minority
leader
shall
appoint
one
male
28
commissioner
with
a
term
expiring
on
January
31,
2021.
29
c.
The
senate
majority
leader
shall
appoint
one
male
30
commissioner
with
a
term
expiring
on
January
31,
2023.
31
d.
The
senate
minority
leader
shall
appoint
one
female
32
commissioner
with
a
term
expiring
on
January
31,
2023.
33
6.
After
the
initial
term
is
served
pursuant
to
this
34
section,
commissioners
shall
be
appointed
to
six-year
terms
by
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the
governor
as
provided
in
section
46.3
and
by
the
legislative
1
leaders
as
provided
in
section
46.4.
2
7.
If
a
district
judicial
nominating
commission
has
3
received
notice
of
a
vacancy
and
has
not
yet
submitted
nominees
4
to
the
governor
prior
to
the
effective
date
of
this
Act,
the
5
newly
appointed
commission
may
choose
to
extend
its
nomination
6
process
or
conduct
a
new
nomination
process.
In
any
such
7
pending
vacancy,
notwithstanding
section
46.14,
subsection
8
1,
the
commission
must
certify
to
the
governor
and
the
chief
9
justice
the
proper
number
of
nominees
within
sixty
days
of
the
10
effective
date
of
this
Act.
11
Sec.
7.
Section
46.5,
Code
2019,
is
amended
to
read
as
12
follows:
13
46.5
Vacancies.
14
1.
When
a
vacancy
occurs
in
the
office
of
appointive
15
a
judicial
nominating
commissioner,
the
chairperson
of
16
the
particular
commission
or
the
governor
shall
promptly
17
notify
the
governor
appointing
authority
in
writing
of
such
18
fact.
Vacancies
in
the
office
of
appointive
a
judicial
19
nominating
commissioner
shall
be
filled
by
appointment
by
20
the
governor
or
applicable
legislative
leader
,
consistent
21
with
eligibility
requirements.
The
term
of
state
judicial
22
nominating
commissioners
so
appointed
shall
commence
upon
23
their
appointment
pending
confirmation
by
the
senate
at
the
24
then
session
of
the
general
assembly
or
at
its
next
session
25
if
it
is
not
then
in
session.
The
term
of
district
judicial
26
nominating
commissioners
so
appointed
shall
commence
upon
their
27
appointment.
28
2.
Except
where
the
term
has
less
than
ninety
days
29
remaining,
vacancies
in
the
office
of
elective
member
of
the
30
state
judicial
nominating
commission
shall
be
filled
consistent
31
with
eligibility
requirements
by
a
special
election
within
32
the
congressional
district
where
the
vacancy
occurs,
such
33
election
to
be
conducted
as
provided
in
sections
46.9
and
34
46.10
.
A
commissioner
shall
be
deemed
to
have
submitted
a
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resignation
if
the
commissioner
fails
to
attend
a
meeting
of
1
the
commission
that
is
properly
noticed
under
section
46.13
2
and
at
which
the
commission
conducts
interviews
or
selects
3
nominees
for
judicial
office.
The
appointing
authority
of
4
the
commissioner
in
the
appointing
authority’s
discretion
may
5
accept
or
reject
the
resignation.
If
the
appointing
authority
6
accepts
the
resignation,
the
appointing
authority
shall
notify
7
the
commissioner
and
the
chairperson
of
the
commission
in
8
writing
and
shall
then
make
another
appointment.
9
3.
Vacancies
in
the
office
of
elective
judicial
nominating
10
commissioner
of
district
judicial
nominating
commissions
shall
11
be
filled
consistent
with
eligibility
requirements
and
by
12
majority
vote
of
the
authorized
number
of
elective
members
of
13
the
particular
commission,
at
a
meeting
of
such
members
called
14
in
the
manner
provided
in
section
46.13
.
The
term
of
judicial
15
nominating
commissioners
so
chosen
shall
commence
upon
their
16
selection.
17
4.
3.
If
a
vacancy
occurs
in
the
office
of
chairperson
of
18
a
judicial
nominating
commission,
the
governor
shall
appoint
19
a
new
chairperson.
If
the
governor
has
not
yet
filled
the
20
vacancy
by
the
time
of
a
commission
meeting,
or
in
the
absence
21
of
the
chairperson,
the
members
of
the
particular
commission
22
shall
elect
a
temporary
chairperson
from
their
own
number.
23
5.
When
a
vacancy
in
an
office
of
an
elective
judicial
24
nominating
commissioner
occurs,
the
state
court
administrator
25
shall
cause
to
be
mailed
to
each
member
of
the
bar
whose
name
26
appears
on
the
certified
list
prepared
pursuant
to
section
46.8
27
for
the
district
or
districts
affected,
a
notice
stating
the
28
existence
of
the
vacancy,
the
requirements
for
eligibility,
29
and
the
manner
in
which
the
vacancy
will
be
filled.
Other
30
items
may
be
included
in
the
same
mailing
if
they
are
on
sheets
31
separate
from
the
notice.
The
election
of
a
district
judicial
32
nominating
commissioner
or
the
close
of
nominations
for
a
state
33
judicial
nominating
commissioner
shall
not
occur
until
thirty
34
days
after
the
mailing
of
the
notice.
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4.
For
purposes
of
this
section,
“appointing
authority”
1
means
the
holder
of
the
office
that
appointed
the
person
to
be
2
a
commissioner.
3
Sec.
8.
Section
46.6,
Code
2019,
is
amended
to
read
as
4
follows:
5
46.6
Equal
seniority
Chairperson
.
6
If
the
judges
of
longest
service,
other
than
the
chief
7
justice,
of
the
supreme
court
or
of
the
district
court
8
in
a
district
are
of
equal
service,
the
eldest
of
such
9
judges
shall
be
chairperson
of
the
particular
judicial
10
nominating
commission.
The
governor
shall
appoint
one
of
the
11
commissioners
appointed
by
the
governor
or
the
legislative
12
leaders
on
each
judicial
nominating
commission
to
serve
as
the
13
chairperson
of
the
particular
judicial
nominating
commission
14
for
a
two-year
term
as
chairperson.
If
a
chairperson
of
15
a
judicial
nominating
commission
desires
to
be
relieved
16
of
the
duties
of
chairperson
while
retaining
the
status
of
17
commissioner,
the
chairperson
shall
notify
the
governor,
and
18
the
governor
shall
appoint
another
commissioner
to
serve
as
19
chairperson
for
the
remainder
of
the
two-year
term.
20
Sec.
9.
Section
46.11,
Code
2019,
is
amended
to
read
as
21
follows:
22
46.11
Certification
of
commissioners.
23
The
Upon
making
an
appointment,
the
governor
and
the
24
state
court
administrator
respectively
or
legislative
leader
25
shall
promptly
certify
the
names
and
addresses
of
appointive
26
and
elective
judicial
nominating
commissioners
to
the
state
27
commissioner
of
elections
and
the
chairperson
of
the
respective
28
nominating
commissions.
29
Sec.
10.
Section
46.12,
subsection
1,
Code
2019,
is
amended
30
to
read
as
follows:
31
1.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
32
twenty
days
in
the
supreme
court,
the
court
of
appeals,
or
33
district
court,
the
state
commissioner
of
elections
shall
34
forthwith
so
notify
the
chairperson
of
the
proper
judicial
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nominating
commission.
The
chairperson
shall
call
a
meeting
1
of
the
commission
within
ten
days
after
such
notice;
if
the
2
chairperson
fails
to
do
so,
the
chief
justice
governor
shall
3
call
such
meeting.
4
Sec.
11.
Section
46.13,
Code
2019,
is
amended
to
read
as
5
follows:
6
46.13
Notice
of
meetings
and
application
process
.
7
1.
The
chairperson
of
each
judicial
nominating
commission
8
shall
give
the
members
of
the
commission
at
least
five
days’
9
written
notice
by
mail
or
electronic
mail
of
the
time
and
place
10
of
every
meeting,
except
as
to
members
who
execute
written
11
waivers
of
notice
at
or
before
the
meeting
or
unless
the
12
commission
at
its
next
previous
meeting
designated
the
time
and
13
place
of
the
meeting.
14
2.
Each
commission,
with
the
technical
support
of
the
15
judicial
branch,
shall
publish
all
of
the
following
on
the
16
judicial
branch
website:
17
a.
Notice
that
the
commission
is
accepting
applications
18
for
judge
or
justice
along
with
a
copy
of
the
application
form
19
at
least
two
weeks
before
applications
are
required
to
be
20
submitted
to
the
commission.
21
b.
Copies
of
nonconfidential
application
materials
submitted
22
by
applicants.
23
c.
The
schedule
of
applicant
interviews
before
the
24
commission.
25
d.
The
list
of
nominees
submitted
by
the
commission
to
the
26
governor
and
the
chief
justice.
27
3.
Commissioners
shall
be
permitted
to
conduct
individual
28
interviews
with
applicants
in
advance
of
the
commission’s
29
meetings
to
choose
the
nominees.
30
Sec.
12.
Section
46.14,
subsection
1,
Code
2019,
is
amended
31
to
read
as
follows:
32
1.
Each
judicial
nominating
commission
shall
carefully
33
consider
the
individuals
available
for
judge,
and
within
sixty
34
days
after
receiving
notice
of
a
vacancy
shall
certify
to
the
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governor
and
the
chief
justice
the
proper
number
of
nominees,
1
in
alphabetical
order.
Such
nominees
shall
be
chosen
by
the
2
affirmative
vote
of
a
majority
of
the
full
statutory
number
3
of
commissioners
upon
the
basis
of
their
qualifications
and
4
without
regard
to
political
affiliation.
Nominees
shall
be
5
members
of
the
bar
of
Iowa,
shall
be
residents
of
the
state
or
6
district
of
the
court
to
which
they
are
nominated
,
and
shall
7
be
of
such
age
that
they
will
be
able
to
serve
an
initial
and
8
one
regular
term
of
office
to
which
they
are
nominated
before
9
reaching
the
age
of
seventy-two
years.
Nominees
for
district
10
judge
shall
file
a
certified
application
form,
to
be
provided
11
by
the
supreme
court,
with
the
chairperson
of
the
district
12
judicial
nominating
commission.
Absence
of
a
commissioner
or
13
vacancy
upon
the
commission
shall
not
invalidate
a
nomination.
14
The
chairperson
of
the
commission
shall
promptly
certify
15
the
names
of
the
nominees,
in
alphabetical
order,
to
the
16
governor
and
the
chief
justice
by
sending
by
electronic
mail
17
the
certification
to
the
governor
and
chief
justice
or
their
18
designees
on
the
day
of
nomination
.
19
Sec.
13.
Section
46.14A,
Code
2019,
is
amended
to
read
as
20
follows:
21
46.14A
Court
of
appeals
——
nominees.
22
Vacancies
in
the
court
of
appeals
shall
be
filled
by
23
appointment
by
the
governor
from
a
list
of
nominees
submitted
24
by
the
state
judicial
nominating
commission.
Three
Five
25
nominees
shall
be
submitted
for
each
vacancy.
Nominees
to
the
26
court
of
appeals
shall
have
the
qualifications
prescribed
for
27
nominees
to
the
supreme
court.
28
Sec.
14.
Section
602.6201,
subsection
2,
Code
2019,
is
29
amended
to
read
as
follows:
30
2.
A
district
judge
must
be
a
resident
of
the
judicial
31
election
district
in
which
appointed
and
retained
before
32
assuming
office
and
during
the
entire
term
of
office
.
Subject
33
to
the
provision
for
reassignment
of
judges
under
section
34
602.6108
,
a
district
judge
shall
serve
in
the
district
of
the
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judge’s
residence
while
in
office,
regardless
of
the
number
of
1
judgeships
to
which
the
district
is
entitled
under
the
formula
2
prescribed
by
the
supreme
court
in
subsection
3
.
3
Sec.
15.
Section
602.6504,
subsection
3,
Code
2019,
is
4
amended
to
read
as
follows:
5
3.
An
attorney
is
To
be
eligible
to
vote
in
elections
of
6
magistrate
appointing
commissioners
within
a
county
if
eligible
7
to
vote
under
sections
46.7
and
46.8
,
and
if
a
resident
of
8
the
county
,
an
attorney
must
be
eligible
to
practice
and
9
must
be
a
resident
of
the
county
as
shown
by
the
attorney’s
10
most
recent
filing
with
the
supreme
court
for
the
purpose
of
11
showing
compliance
with
the
court’s
continuing
legal
education
12
requirements,
or
for
attorneys
eligible
to
practice
who
are
13
not
required
to
file
such
compliance,
any
paper
on
file
by
14
July
1
with
the
state
court
administrator,
for
the
purpose
of
15
establishing
eligibility
to
vote
under
this
section,
which
the
16
court
determines
to
show
the
requisite
residency
requirements.
17
A
judge
who
has
been
admitted
to
the
bar
of
the
state
of
Iowa
18
shall
be
considered
an
attorney.
Each
year,
the
state
court
19
administrator
shall
certify
a
list
of
the
names,
addresses,
and
20
years
of
admission
of
members
of
the
bar
who
are
eligible
to
21
vote
for
the
magistrate
appointing
commission
.
22
Sec.
16.
Section
602.8102,
subsection
14,
Code
2019,
is
23
amended
by
striking
the
subsection.
24
Sec.
17.
REPEAL.
Sections
46.7,
46.8,
46.9,
46.9A,
46.10,
25
and
602.11111,
Code
2019,
are
repealed.
26
Sec.
18.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
27
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
28
enactment.
29
DIVISION
II
30
ASSOCIATE
JUDGE
SELECTION
31
Sec.
19.
Section
602.2301,
subsection
2,
Code
2019,
is
32
amended
to
read
as
follows:
33
2.
Notwithstanding
sections
602.6304
,
602.7103B
,
and
34
633.20B
,
the
chief
justice
may
order
any
county
magistrate
35
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1707YC
(2)
88
mo/jh
14/
35
H.F.
_____
appointing
commission
the
state
commissioner
of
elections
1
to
delay,
for
budgetary
reasons,
publicizing
the
notice
the
2
sending
of
a
notification
to
the
proper
judicial
nominating
3
commission
that
a
vacancy
in
the
office
of
a
vacancy
for
4
a
district
associate
judgeship
judge
,
associate
juvenile
5
judgeship
judge
,
or
associate
probate
judgeship
judge
has
6
occurred
or
will
occur
.
7
Sec.
20.
Section
602.6302,
subsection
2,
Code
2019,
is
8
amended
to
read
as
follows:
9
2.
An
order
of
substitution
shall
not
take
effect
unless
10
a
copy
of
the
order
is
received
by
the
chairperson
of
the
11
county
magistrate
appointing
commission
or
commissions
and
the
12
chairperson
of
the
district
judicial
nominating
commission
no
13
later
than
May
31
of
the
year
in
which
the
substitution
is
to
14
take
effect.
A
copy
of
the
order
shall
also
be
sent
to
the
15
state
court
administrator.
16
Sec.
21.
Section
602.6303,
subsection
2,
Code
2019,
is
17
amended
to
read
as
follows:
18
2.
An
order
of
substitution
shall
not
take
effect
unless
19
a
copy
of
the
order
is
received
by
the
chairperson
of
the
20
county
magistrate
appointing
commission
or
commissions
and
the
21
chairperson
of
the
district
judicial
nominating
commission
22
no
later
than
May
31
of
the
year
in
which
the
substitution
23
is
to
take
effect.
The
order
shall
designate
the
county
of
24
appointment
for
each
magistrate.
A
copy
of
the
order
shall
25
also
be
sent
to
the
state
court
administrator.
26
Sec.
22.
Section
602.6304,
Code
2019,
is
amended
to
read
as
27
follows:
28
602.6304
Appointment
and
resignation
of
district
associate
29
judges.
30
1.
The
district
associate
judges
authorized
by
sections
31
602.6301
and
602.6302
shall
be
appointed
by
the
district
32
judges
of
the
judicial
election
district
governor
from
persons
33
nominated
by
the
county
magistrate
appointing
district
judicial
34
nominating
commission
in
the
same
manner
as
district
judges
35
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LSB
1707YC
(2)
88
mo/jh
15/
35
H.F.
_____
under
chapter
46
.
In
the
case
of
a
district
associate
judge
1
to
be
appointed
to
more
than
one
county,
the
appointment
2
shall
be
from
persons
nominated
by
the
county
magistrate
3
appointing
commissions
acting
jointly
and
in
the
case
of
a
4
district
associate
judge
to
be
appointed
to
more
than
one
5
judicial
election
district
of
the
same
judicial
district,
the
6
appointment
shall
be
by
a
majority
of
the
district
judges
in
7
each
judicial
election
district.
8
2.
In
November
of
any
year
in
which
an
impending
vacancy
is
9
created
because
a
district
associate
judge
is
not
retained
in
10
office
pursuant
to
a
judicial
election,
the
county
magistrate
11
appointing
commission
shall
publicize
notice
of
the
vacancy
in
12
at
least
two
publications
in
the
official
county
newspaper.
13
The
commission
shall
accept
applications
for
consideration
14
for
nomination
as
district
associate
judge
for
a
minimum
of
15
fifteen
days
prior
to
certifying
nominations.
The
commission
16
shall
consider
the
applications
and
shall,
by
majority
vote,
17
certify
to
the
chief
judge
of
the
judicial
district
not
later
18
than
December
15
of
that
year
the
names
of
three
applicants
19
who
are
nominated
by
the
commission
for
the
vacancy.
If
there
20
are
three
or
fewer
applicants
the
commission
shall
certify
all
21
applicants
who
meet
the
statutory
qualifications.
Nominees
22
shall
be
chosen
solely
on
the
basis
of
the
qualifications
23
of
the
applicants,
and
political
affiliation
shall
not
be
24
considered.
25
3.
Within
thirty
days
after
a
county
magistrate
appointing
26
commission
receives
notification
of
an
actual
or
impending
27
vacancy
in
the
office
of
district
associate
judge,
other
than
28
a
vacancy
referred
to
in
subsection
2
,
the
commission
shall
29
certify
to
the
chief
judge
of
the
judicial
district
the
names
30
of
three
applicants
who
are
nominated
by
the
commission
for
31
the
vacancy.
The
commission
shall
publicize
notice
of
the
32
vacancy
in
at
least
two
publications
in
the
official
county
33
newspaper.
The
commission
shall
accept
applications
for
34
consideration
for
nomination
as
district
associate
judge
for
35
-16-
LSB
1707YC
(2)
88
mo/jh
16/
35
H.F.
_____
a
minimum
of
fifteen
days
prior
to
certifying
nominations.
1
The
commission
shall
consider
the
applications
and
shall,
by
2
majority
vote,
certify
to
the
chief
judge
of
the
judicial
3
district
the
names
of
three
applicants
who
are
nominated
by
4
the
commission
for
the
vacancy.
If
there
are
three
or
fewer
5
applicants
the
commission
shall
certify
all
applicants
who
6
meet
the
statutory
qualifications.
Nominees
shall
be
chosen
7
solely
on
the
basis
of
the
qualifications
of
the
applicants,
8
and
political
affiliation
shall
not
be
considered.
As
used
in
9
this
subsection
,
a
vacancy
is
created
by
the
death,
retirement,
10
resignation,
or
removal
of
a
district
associate
judge,
or
by
an
11
increase
in
the
number
of
positions
authorized.
12
4.
Within
fifteen
days
after
the
chief
judge
of
a
judicial
13
district
has
received
the
list
of
nominees
to
fill
a
vacancy
in
14
the
office
of
district
associate
judge,
the
district
judges
in
15
the
judicial
election
district
shall,
by
majority
vote,
appoint
16
one
of
those
nominees
to
fill
the
vacancy.
17
5.
2.
A
district
associate
judge
who
seeks
to
resign
18
from
the
office
of
district
associate
judge
shall
notify
in
19
writing
the
governor,
the
chief
judge
of
the
judicial
district
,
20
and
the
state
commissioner
of
elections
as
to
the
district
21
associate
judge’s
intention
to
resign
and
the
effective
date
22
of
the
resignation.
The
chief
judge
of
the
judicial
district,
23
upon
receipt
of
the
notice,
shall
notify
the
county
magistrate
24
appointing
commission
and
the
state
court
administrator
of
the
25
actual
or
impending
vacancy
in
the
office
of
district
associate
26
judge
due
to
resignation.
27
6.
The
supreme
court
may
prescribe
rules
of
procedure
28
to
be
used
by
county
magistrate
appointing
commissions
when
29
exercising
the
duties
specified
in
this
section
.
30
3.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
31
twenty
days
in
the
office
of
district
associate
judge,
the
32
state
commissioner
of
elections
shall
forthwith
so
notify
33
the
chairperson
of
the
proper
district
judicial
nominating
34
commission.
The
chairperson
shall
call
a
meeting
of
the
35
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1707YC
(2)
88
mo/jh
17/
35
H.F.
_____
commission
within
ten
days
after
such
notice.
If
the
1
chairperson
fails
to
do
so,
the
governor
shall
call
such
2
meeting.
3
Sec.
23.
Section
602.6305,
subsections
2
and
3,
Code
2019,
4
are
amended
to
read
as
follows:
5
2.
A
person
does
not
qualify
for
appointment
to
the
office
6
of
district
associate
judge
unless
the
person
is
at
the
time
7
of
appointment
a
resident
of
the
judicial
election
district
in
8
which
the
vacancy
exists,
licensed
to
practice
law
in
Iowa,
9
and
will
be
able,
measured
by
the
person’s
age
at
the
time
of
10
appointment,
to
complete
the
initial
term
of
office
prior
to
11
reaching
age
seventy-two.
An
applicant
for
district
associate
12
judge
shall
file
a
certified
application
form,
to
be
provided
13
by
the
supreme
court,
with
the
chairperson
of
the
county
14
magistrate
appointing
commission.
15
3.
A
district
associate
judge
must
be
a
resident
of
the
16
judicial
election
district
in
which
the
office
is
held
before
17
assuming
office
and
during
the
entire
term
of
office.
A
18
district
associate
judge
shall
serve
within
the
judicial
19
district
in
which
appointed,
as
directed
by
the
chief
judge,
20
and
is
subject
to
reassignment
under
section
602.6108
.
21
Sec.
24.
Section
602.6502,
Code
2019,
is
amended
to
read
as
22
follows:
23
602.6502
Prohibitions
to
appointment.
24
A
member
of
a
county
magistrate
appointing
commission
25
shall
not
be
appointed
to
the
office
of
magistrate
,
and
shall
26
not
be
nominated
for
or
appointed
to
the
office
of
district
27
associate
judge,
office
of
associate
juvenile
judge,
or
office
28
of
associate
probate
judge
.
A
member
of
the
commission
shall
29
not
be
eligible
to
vote
for
the
appointment
or
nomination
of
30
a
family
member,
current
law
partner,
or
current
business
31
partner.
For
purposes
of
this
section
,
“family
member”
32
means
a
spouse,
son,
daughter,
brother,
sister,
uncle,
aunt,
33
first
cousin,
nephew,
niece,
father-in-law,
mother-in-law,
34
son-in-law,
daughter-in-law,
brother-in-law,
sister-in-law,
35
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1707YC
(2)
88
mo/jh
18/
35
H.F.
_____
father,
mother,
stepfather,
stepmother,
stepson,
stepdaughter,
1
stepbrother,
stepsister,
half
brother,
or
half
sister.
2
Sec.
25.
Section
602.7103B,
Code
2019,
is
amended
to
read
3
as
follows:
4
602.7103B
Appointment
and
resignation
of
full-time
associate
5
juvenile
judges.
6
1.
Full-time
associate
juvenile
judges
shall
be
appointed
7
by
the
district
judges
of
the
judicial
election
district
8
governor
from
persons
nominated
by
the
county
magistrate
9
appointing
district
judicial
nominating
commission
in
the
same
10
manner
as
district
judges
under
chapter
46
.
In
the
case
of
a
11
full-time
associate
juvenile
judge
to
be
appointed
to
more
than
12
one
county,
the
appointment
shall
be
from
persons
nominated
by
13
the
county
magistrate
appointing
commissions
acting
jointly
14
and
in
the
case
of
a
full-time
associate
juvenile
judge
to
be
15
appointed
to
more
than
one
judicial
election
district
of
the
16
same
judicial
district,
the
appointment
shall
be
by
a
majority
17
of
the
district
judges
in
each
judicial
election
district.
18
2.
In
November
of
any
year
in
which
an
impending
vacancy
19
is
created
because
a
full-time
associate
juvenile
judge
is
20
not
retained
in
office
pursuant
to
a
judicial
election,
the
21
county
magistrate
appointing
commission
shall
publicize
notice
22
of
the
vacancy
in
at
least
two
publications
in
the
official
23
county
newspaper.
The
commission
shall
accept
applications
for
24
consideration
for
nomination
as
full-time
associate
juvenile
25
judge
for
a
minimum
of
fifteen
days
prior
to
certifying
26
nominations.
The
commission
shall
consider
the
applications
27
and
shall,
by
majority
vote,
certify
to
the
chief
judge
of
the
28
judicial
district
not
later
than
December
15
of
that
year
the
29
names
of
three
applicants
who
are
nominated
by
the
commission
30
for
the
vacancy.
If
there
are
three
or
fewer
applicants,
the
31
commission
shall
certify
all
applicants
who
meet
the
statutory
32
qualifications.
Nominees
shall
be
chosen
solely
on
the
33
basis
of
the
qualifications
of
the
applicants,
and
political
34
affiliation
shall
not
be
considered.
35
-19-
LSB
1707YC
(2)
88
mo/jh
19/
35
H.F.
_____
3.
Within
thirty
days
after
a
county
magistrate
appointing
1
commission
receives
notification
of
an
actual
or
impending
2
vacancy
in
the
office
of
full-time
associate
juvenile
3
judge,
other
than
a
vacancy
referred
to
in
subsection
2
,
the
4
commission
shall
certify
to
the
chief
judge
of
the
judicial
5
district
the
names
of
three
applicants
who
are
nominated
6
by
the
commission
for
the
vacancy.
The
commission
shall
7
publicize
notice
of
the
vacancy
in
at
least
two
publications
8
in
the
official
county
newspaper.
The
commission
shall
accept
9
applications
for
consideration
for
nomination
as
full-time
10
associate
juvenile
judge
for
a
minimum
of
fifteen
days
prior
11
to
certifying
nominations.
The
commission
shall
consider
the
12
applications
and
shall,
by
majority
vote,
certify
to
the
chief
13
judge
of
the
judicial
district
the
names
of
three
applicants
14
who
are
nominated
by
the
commission
for
the
vacancy.
If
there
15
are
three
or
fewer
applicants,
the
commission
shall
certify
all
16
applicants
who
meet
the
statutory
qualifications.
Nominees
17
shall
be
chosen
solely
on
the
basis
of
the
qualifications
18
of
the
applicants,
and
political
affiliation
shall
not
be
19
considered.
As
used
in
this
subsection
,
a
vacancy
is
created
20
by
the
death,
retirement,
resignation,
or
removal
of
a
21
full-time
associate
juvenile
judge,
or
by
an
increase
in
the
22
number
of
positions
authorized.
23
4.
Within
fifteen
days
after
the
chief
judge
of
a
judicial
24
district
has
received
the
list
of
nominees
to
fill
a
vacancy
in
25
the
office
of
full-time
associate
juvenile
judge,
the
district
26
judges
in
the
judicial
election
district
shall,
by
majority
27
vote,
appoint
one
of
those
nominees
to
fill
the
vacancy.
28
5.
2.
A
full-time
associate
juvenile
judge
who
seeks
to
29
resign
from
the
office
of
full-time
associate
juvenile
judge
30
shall
notify
in
writing
the
governor,
the
chief
judge
of
the
31
judicial
district
,
and
the
state
commissioner
of
elections
as
32
to
the
full-time
associate
juvenile
judge’s
intention
to
resign
33
and
the
effective
date
of
the
resignation.
The
chief
judge
of
34
the
judicial
district,
upon
receipt
of
the
notice,
shall
notify
35
-20-
LSB
1707YC
(2)
88
mo/jh
20/
35
H.F.
_____
the
county
magistrate
appointing
commission
and
the
state
court
1
administrator
of
the
actual
or
impending
vacancy
in
the
office
2
of
full-time
associate
juvenile
judge
due
to
resignation.
3
6.
The
supreme
court
may
prescribe
rules
of
procedure
4
to
be
used
by
county
magistrate
appointing
commissions
when
5
exercising
the
duties
specified
in
this
section
.
6
3.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
7
twenty
days
in
the
office
of
full-time
associate
juvenile
8
judge,
the
state
commissioner
of
elections
shall
forthwith
9
so
notify
the
chairperson
of
the
proper
district
judicial
10
nominating
commission.
The
chairperson
shall
call
a
meeting
11
of
the
commission
within
ten
days
after
such
notice.
If
12
the
chairperson
fails
to
do
so,
the
governor
shall
call
such
13
meeting.
14
Sec.
26.
Section
602.7103C,
subsections
2
and
3,
Code
2019,
15
are
amended
to
read
as
follows:
16
2.
A
person
does
not
qualify
for
appointment
to
the
office
17
of
full-time
associate
juvenile
judge
unless
the
person
is
at
18
the
time
of
appointment
a
resident
of
the
county
in
which
the
19
vacancy
exists,
licensed
to
practice
law
in
Iowa,
and
will
be
20
able,
measured
by
the
person’s
age
at
the
time
of
appointment,
21
to
complete
the
initial
term
of
office
prior
to
reaching
age
22
seventy-two.
An
applicant
for
full-time
associate
juvenile
23
judge
shall
file
a
certified
application
form,
to
be
provided
24
by
the
supreme
court,
with
the
chairperson
of
the
county
25
magistrate
appointing
commission.
26
3.
A
full-time
associate
juvenile
judge
must
be
a
resident
27
of
a
county
the
judicial
election
district
in
which
the
office
28
is
held
before
assuming
office
and
during
the
entire
term
of
29
office.
A
full-time
associate
juvenile
judge
shall
serve
30
within
the
judicial
district
in
which
appointed,
as
directed
by
31
the
chief
judge,
and
is
subject
to
reassignment
under
section
32
602.6108
.
33
Sec.
27.
Section
633.20B,
Code
2019,
is
amended
to
read
as
34
follows:
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633.20B
Appointment
and
resignation
of
full-time
associate
1
probate
judges.
2
1.
Full-time
associate
probate
judges
shall
be
appointed
by
3
the
district
judges
of
the
judicial
election
district
governor
4
from
persons
nominated
by
the
county
magistrate
appointing
5
district
judicial
nominating
commission
in
the
same
manner
as
6
district
judges
under
chapter
46
.
In
the
case
of
a
full-time
7
associate
probate
judge
to
be
appointed
to
more
than
one
8
county,
the
appointment
shall
be
from
persons
nominated
by
9
the
county
magistrate
appointing
commissions
acting
jointly
10
and
in
the
case
of
a
full-time
associate
probate
judge
to
be
11
appointed
to
more
than
one
judicial
election
district
of
the
12
same
judicial
district,
the
appointment
shall
be
by
a
majority
13
of
the
district
judges
in
each
judicial
election
district.
14
2.
In
November
of
any
year
in
which
an
impending
vacancy
15
is
created
because
a
full-time
associate
probate
judge
is
16
not
retained
in
office
pursuant
to
a
judicial
election,
the
17
county
magistrate
appointing
commission
shall
publicize
notice
18
of
the
vacancy
in
at
least
two
publications
in
the
official
19
county
newspaper.
The
commission
shall
accept
applications
20
for
consideration
for
nomination
as
full-time
associate
21
probate
judge
for
a
minimum
of
fifteen
days
prior
to
certifying
22
nominations.
The
commission
shall
consider
the
applications
23
and
shall,
by
majority
vote,
certify
to
the
chief
judge
of
the
24
judicial
district
not
later
than
December
15
of
that
year
the
25
names
of
three
applicants
who
are
nominated
by
the
commission
26
for
the
vacancy.
If
there
are
three
or
fewer
applicants,
the
27
commission
shall
certify
all
applicants
who
meet
the
statutory
28
qualifications.
Nominees
shall
be
chosen
solely
on
the
29
basis
of
the
qualifications
of
the
applicants,
and
political
30
affiliation
shall
not
be
considered.
31
3.
Within
thirty
days
after
a
county
magistrate
appointing
32
commission
receives
notification
of
an
actual
or
impending
33
vacancy
in
the
office
of
full-time
associate
probate
judge,
34
other
than
a
vacancy
referred
to
in
subsection
2
,
the
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commission
shall
certify
to
the
chief
judge
of
the
judicial
1
district
the
names
of
three
applicants
who
are
nominated
2
by
the
commission
for
the
vacancy.
The
commission
shall
3
publicize
notice
of
the
vacancy
in
at
least
two
publications
4
in
the
official
county
newspaper.
The
commission
shall
accept
5
applications
for
consideration
for
nomination
as
full-time
6
associate
probate
judge
for
a
minimum
of
fifteen
days
prior
7
to
certifying
nominations.
The
commission
shall
consider
the
8
applications
and
shall,
by
majority
vote,
certify
to
the
chief
9
judge
of
the
judicial
district
the
names
of
three
applicants
10
who
are
nominated
by
the
commission
for
the
vacancy.
If
there
11
are
three
or
fewer
applicants,
the
commission
shall
certify
all
12
applicants
who
meet
the
statutory
qualifications.
Nominees
13
shall
be
chosen
solely
on
the
basis
of
the
qualifications
14
of
the
applicants,
and
political
affiliation
shall
not
be
15
considered.
As
used
in
this
subsection
,
a
vacancy
is
created
16
by
the
death,
retirement,
resignation,
or
removal
of
a
17
full-time
associate
probate
judge,
or
by
an
increase
in
the
18
number
of
positions
authorized.
19
4.
Within
fifteen
days
after
the
chief
judge
of
a
judicial
20
district
has
received
the
list
of
nominees
to
fill
a
vacancy
in
21
the
office
of
full-time
associate
probate
judge,
the
district
22
judges
in
the
judicial
election
district
shall,
by
majority
23
vote,
appoint
one
of
those
nominees
to
fill
the
vacancy.
24
5.
2.
A
full-time
associate
probate
judge
who
seeks
to
25
resign
from
the
office
of
full-time
associate
probate
judge
26
shall
notify
in
writing
the
governor,
the
chief
judge
of
the
27
judicial
district
,
and
the
state
commissioner
of
elections
as
28
to
the
full-time
associate
probate
judge’s
intention
to
resign
29
and
the
effective
date
of
the
resignation.
The
chief
judge
of
30
the
judicial
district,
upon
receipt
of
the
notice,
shall
notify
31
the
county
magistrate
appointing
commission
and
the
state
court
32
administrator
of
the
actual
or
impending
vacancy
in
the
office
33
of
full-time
associate
probate
judge
due
to
resignation.
34
6.
The
supreme
court
may
prescribe
rules
of
procedure
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to
be
used
by
county
magistrate
appointing
commissions
when
1
exercising
the
duties
specified
in
this
section
.
2
3.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
3
twenty
days
in
the
office
of
full-time
associate
probate
4
judge,
the
state
commissioner
of
elections
shall
forthwith
5
so
notify
the
chairperson
of
the
proper
district
judicial
6
nominating
commission.
The
chairperson
shall
call
a
meeting
7
of
the
commission
within
ten
days
after
such
notice.
If
8
the
chairperson
fails
to
do
so,
the
governor
shall
call
such
9
meeting.
10
Sec.
28.
Section
633.20C,
subsections
2
and
3,
Code
2019,
11
are
amended
to
read
as
follows:
12
2.
A
person
does
not
qualify
for
appointment
to
the
office
13
of
full-time
associate
probate
judge
unless
the
person
is
at
14
the
time
of
appointment
a
resident
of
the
county
in
which
the
15
vacancy
exists,
licensed
to
practice
law
in
Iowa,
and
will
be
16
able,
measured
by
the
person’s
age
at
the
time
of
appointment,
17
to
complete
the
initial
term
of
office
prior
to
reaching
age
18
seventy-two.
An
applicant
for
full-time
associate
probate
19
judge
shall
file
a
certified
application
form,
to
be
provided
20
by
the
supreme
court,
with
the
chairperson
of
the
county
21
magistrate
appointing
commission.
22
3.
A
full-time
associate
probate
judge
must
be
a
resident
23
of
a
county
the
judicial
election
district
in
which
the
office
24
is
held
before
assuming
office
and
during
the
entire
term
of
25
office.
A
full-time
associate
probate
judge
shall
serve
within
26
the
judicial
district
in
which
appointed,
as
directed
by
the
27
chief
judge,
and
is
subject
to
reassignment
under
section
28
602.6108
.
29
Sec.
29.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
30
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
31
enactment.
32
DIVISION
III
33
CHIEF
JUSTICE
SELECTION
34
Sec.
30.
Section
602.4103,
Code
2019,
is
amended
to
read
as
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follows:
1
602.4103
Chief
justice.
2
The
justices
of
the
supreme
court
shall
select
one
justice
as
3
chief
justice,
to
serve
during
that
justice’s
term
of
office.
4
1.
At
the
first
meeting
in
each
odd-numbered
year,
the
5
justices
of
the
supreme
court
by
majority
vote
shall
designate
6
one
justice
as
chief
justice,
to
serve
for
a
two-year
term.
7
A
vacancy
in
the
office
of
chief
justice
shall
be
filled
for
8
the
remainder
of
the
unexpired
term
by
majority
vote
of
the
9
justices
of
the
supreme
court,
after
any
vacancy
on
the
court
10
has
been
filled.
11
2.
If
the
chief
justice
desires
to
be
relieved
of
the
duties
12
of
chief
justice
while
retaining
the
status
of
justice
of
the
13
supreme
court,
the
chief
justice
shall
notify
the
governor
and
14
the
other
justices
of
the
supreme
court.
The
office
of
chief
15
justice
shall
be
deemed
vacant,
and
shall
be
filled
as
provided
16
in
this
section.
17
3.
The
chief
justice
is
eligible
for
reselection.
18
4.
The
chief
justice
shall
appoint
one
of
the
other
justices
19
to
act
during
the
absence
or
inability
of
the
chief
justice
20
to
act,
and
when
so
acting
the
appointee
has
all
the
rights,
21
duties,
and
powers
of
the
chief
justice.
22
Sec.
31.
NEW
SECTION
.
602.4103A
Transition
provisions.
23
1.
The
term
of
the
chief
justice
serving
on
the
effective
24
date
of
this
Act
shall
expire
on
January
15,
2021,
or
upon
the
25
conclusion
of
the
first
meeting
of
the
justices
of
the
supreme
26
court
in
January
2021,
whichever
occurs
earlier.
27
2.
If
the
office
of
chief
justice
becomes
vacant
prior
to
28
the
expiration
of
the
term
in
January
2021,
the
office
shall
be
29
filled
for
the
remainder
of
the
unexpired
term
as
provided
for
30
in
section
602.4103.
31
3.
This
section
is
repealed
July
1,
2021.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
the
membership
and
procedures
of
the
1
state
judicial
nominating
commission
and
district
judicial
2
nominating
commission
and
to
the
selection
and
qualifications
3
of
judges,
associate
judges,
and
the
chief
justice.
4
DIVISION
I
——
STATE
JUDICIAL
NOMINATING
COMMISSION.
Current
5
law
provides
that
the
governor
appoint
one
eligible
elector
of
6
each
congressional
district,
which
is
subject
to
confirmation
7
by
the
senate,
to
the
state
judicial
nominating
commission.
8
The
bill
amends
Code
section
46.1
and
provides
that
the
9
governor
shall
appoint,
without
confirmation
by
the
senate,
10
eight
eligible
electors
to
the
state
judicial
nominating
11
commission
with
staggered
terms
of
six
years
each
and
made
12
in
the
month
of
January
for
terms
commencing
February
1
of
13
odd-numbered
years.
The
governor
shall
appoint
at
least
one
14
commissioner
from
each
congressional
district,
but
there
shall
15
be
no
more
than
two
commissioners
appointed
from
a
single
16
congressional
district
unless
each
congressional
district
has
17
at
least
two
commissioners
appointed.
At
least
half
of
the
18
commissioners
appointed
by
the
governor
shall
be
admitted
to
19
practice
law
in
Iowa.
A
commissioner
who
has
served
a
full
20
six-year
term
on
the
state
judicial
nominating
commission,
21
whether
appointed
or
elected,
is
ineligible
to
be
appointed
to
22
a
second
term.
The
bill
further
provides
that
no
person
may
be
23
appointed
as
a
commissioner
who
holds
an
office
of
profit
of
24
the
United
States
or
of
Iowa
at
the
time
of
appointment.
25
Current
law
provides
that
the
resident
members
of
the
bar
26
of
each
congressional
district
shall
elect
an
eligible
elector
27
of
the
district
to
the
state
judicial
nominating
commission.
28
The
bill
amends
Code
section
46.2
such
that
resident
members
29
of
the
bar
shall
not
elect
eligible
electors
to
the
state
30
judicial
nominating
commission.
Instead,
the
speaker
of
the
31
house,
the
house
minority
leader,
the
senate
majority
leader,
32
and
the
senate
minority
leader
shall
each
appoint
two
eligible
33
electors
of
different
genders
to
the
state
judicial
nominating
34
commission.
At
least
one
of
the
commissioners
appointed
by
35
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each
legislative
leader
shall
be
admitted
to
practice
law
1
in
Iowa.
The
appointments
by
the
legislative
leaders
are
2
to
be
staggered
terms
of
six
years
and
made
in
the
month
of
3
January
for
terms
commencing
February
1
of
odd-numbered
years
4
and
the
terms
of
no
more
than
four
nor
less
than
two
of
the
5
commissioners
shall
expire
within
the
same
two-year
period.
6
The
bill
states
that
no
legislative
leader
shall
make
an
7
appointment
that
results
in
two
commissioners
serving
from
the
8
same
congressional
district
who
were
appointed
by
a
leader
of
9
the
same
party
in
the
same
chamber.
An
appointment
made
to
10
replace
a
commissioner,
whether
in
the
middle
of
a
term
or
upon
11
the
expiration
of
the
term,
shall
be
made
by
the
person
holding
12
the
same
legislative
leadership
position
that
made
the
original
13
appointment.
A
commissioner
who
has
served
a
full
six-year
14
term
is
ineligible
to
be
appointed
to
a
second
six-year
term
15
and
no
person
may
be
appointed
who
holds
an
office
of
profit
of
16
the
United
States
or
of
Iowa
at
the
time
of
appointment.
17
The
bill
provides
that
the
terms
of
the
appointed
and
elected
18
commissioners
of
the
state
judicial
nominating
commission
19
serving
on
the
effective
date
of
the
bill
shall
expire
at
20
11:59
p.m.
on
that
date.
The
terms
of
the
newly
appointed
21
commissioners
shall
then
commence
at
12:00
a.m.
on
the
day
22
after
the
effective
date
of
the
bill.
The
initial
terms
of
the
23
commissioners
appointed
by
the
governor
are
as
follows:
for
24
the
first
district,
there
is
a
male
commissioner
with
a
term
25
expiring
on
January
31,
2021,
and
a
female
commissioner
with
26
a
term
expiring
on
January
31,
2025;
for
the
second
district,
27
there
is
a
female
commissioner
with
a
term
expiring
on
January
28
31,
2021,
and
a
male
commissioner
with
a
term
expiring
on
29
January
31,
2023;
for
the
third
district,
there
is
a
female
30
commissioner
with
a
term
expiring
on
January
31,
2023,
and
a
31
male
commissioner
with
a
term
expiring
on
January
31,
2025;
and
32
for
the
fourth
district,
there
is
a
male
commissioner
with
a
33
term
expiring
on
January
31,
2021,
and
a
female
commissioner
34
with
a
term
expiring
on
January
31,
2025.
The
initial
terms
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of
the
commissioners
appointed
by
the
legislative
leaders
1
are
as
follows:
the
speaker
of
the
house
shall
appoint
one
2
male
commissioner
with
a
term
expiring
on
January
31,
2023,
3
and
one
female
commissioner
with
a
term
expiring
on
January
4
31,
2025;
the
house
minority
leader
shall
appoint
one
male
5
commissioner
with
a
term
expiring
on
January
31,
2023,
and
one
6
female
commissioner
with
a
term
expiring
on
January
31,
2025;
7
the
senate
majority
leader
shall
appoint
one
male
commissioner
8
with
a
term
expiring
on
January
31,
2021,
and
one
female
9
commissioner
with
a
term
expiring
on
January
31,
2023;
and
the
10
senate
minority
leader
shall
appoint
one
male
commissioner
11
with
a
term
expiring
on
January
31,
2021,
and
one
female
12
commissioner
with
a
term
expiring
on
January
31,
2023.
After
13
the
initial
terms
are
served,
commissioners
shall
be
appointed
14
to
six-year
terms
by
the
governor
and
by
the
legislative
15
leaders
as
provided.
16
DISTRICT
JUDICIAL
NOMINATING
COMMISSION.
The
bill
provides
17
that
the
governor
shall
appoint
four
eligible
electors
of
each
18
judicial
election
district
to
the
district
judicial
nominating
19
commission
whereas
current
law
provides
for
the
appointment
20
of
five
such
electors.
These
appointments
are
to
be
made
21
in
the
month
of
January
for
terms
commencing
February
1
of
22
odd-numbered
years.
No
more
than
half
of
the
commissioners
23
appointed
by
the
governor
shall
be
of
the
same
gender;
all
24
commissioners
shall
be
chosen
without
reference
to
political
25
affiliation;
and
no
person
may
be
appointed
who
holds
an
26
office
of
profit
of
the
United
States
or
of
Iowa
at
the
time
of
27
appointment.
28
Current
law
provides
that
the
resident
members
of
the
bar
29
of
each
judicial
election
district
shall
elect
five
eligible
30
electors
of
the
district
to
the
district
judicial
nominating
31
commission.
The
bill
amends
Code
section
46.4
such
that
32
resident
members
of
the
bar
shall
not
elect
eligible
electors
33
to
the
district
judicial
nominating
commission
and
provides
34
that
the
speaker
of
the
house,
house
minority
leader,
senate
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majority
leader,
and
senate
minority
leader
shall
each
appoint
1
one
eligible
elector
to
each
district
judicial
nominating
2
commission.
All
the
commissioners
appointed
by
the
legislative
3
leaders
shall
be
admitted
to
practice
law
in
Iowa.
These
4
appointments
are
to
be
staggered
terms
of
six
years
made
5
in
the
month
of
January
for
terms
commencing
February
1
of
6
odd-numbered
years.
The
terms
of
no
more
than
two
of
the
7
commissioners
appointed
by
legislative
leaders
on
a
district
8
judicial
nominating
commission
shall
expire
within
the
same
9
two-year
period.
All
commissioners
must
be
chosen
without
10
reference
to
political
affiliation
and
due
consideration
is
to
11
be
given
to
area
representation
on
the
commission
when
making
12
an
appointment.
An
appointment
made
to
replace
a
commissioner
13
shall
be
made
by
the
person
holding
the
same
legislative
14
leadership
position
that
made
the
original
appointment.
A
15
person
appointed
to
replace
a
commissioner
in
the
middle
of
16
a
term
must
be
of
the
same
gender
as
the
commissioner
being
17
replaced,
but
a
person
appointed
to
replace
a
commissioner
18
upon
the
end
of
a
term
shall
be
of
a
different
gender
than
the
19
commissioner
being
replaced.
A
commissioner
who
has
served
a
20
full
six-year
term
is
ineligible
to
be
appointed
to
a
second
21
six-year
term
and
no
person
may
be
appointed
who
holds
an
22
office
of
profit
of
the
United
States
or
of
Iowa
at
the
time
of
23
appointment.
24
The
bill
creates
a
new
Code
section
providing
for
the
special
25
appointment
of
district
judicial
nominating
commissioners.
26
The
terms
of
the
appointed
and
elected
commissioners
of
27
the
district
judicial
nominating
commission
serving
on
the
28
effective
date
of
the
bill
expire
at
11:59
p.m.
on
that
date
29
and
the
terms
of
the
newly
appointed
commissioners
of
the
30
district
judicial
nominating
commission
shall
commence
at
12:00
31
a.m.
on
the
day
after
the
effective
date
of
the
bill.
In
32
judicial
election
districts
1A,
2A,
3A,
5A,
5C,
8A,
and
the
33
seventh
judicial
district,
the
governor
shall
appoint
one
male
34
commissioner
with
a
term
expiring
on
January
31,
2021,
one
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female
commissioner
with
a
term
expiring
on
January
31,
2021,
1
one
male
commissioner
with
a
term
expiring
on
January
31,
2023,
2
and
one
female
commissioner
with
a
term
expiring
on
January
31,
3
2025.
In
judicial
election
districts
1B,
2B,
3B,
5B,
5C,
8B,
4
and
the
fourth
and
sixth
districts,
the
governor
shall
appoint
5
one
female
commissioner
with
a
term
expiring
on
January
31,
6
2021,
one
male
commissioner
with
a
term
expiring
on
January
31,
7
2023,
one
female
commissioner
with
a
term
expiring
on
January
8
31,
2025,
and
one
male
commissioner
with
a
term
expiring
on
9
January
31,
2025.
10
The
initial
terms
of
the
commissioners
appointed
by
the
11
legislative
leaders
in
judicial
election
districts
1A,
2A,
12
3A,
5A,
5C,
8A,
and
the
seventh
district
are
as
follows:
the
13
speaker
of
the
house
shall
appoint
one
male
commissioner
with
a
14
term
expiring
on
January
31,
2023;
the
house
minority
leader
15
shall
appoint
one
female
commissioner
with
a
term
expiring
on
16
January
31,
2023;
the
senate
majority
leader
shall
appoint
17
one
female
commissioner
with
a
term
expiring
on
January
31,
18
2025;
and
the
senate
minority
leader
shall
appoint
one
male
19
commissioner
with
a
term
expiring
on
January
31,
2025.
The
20
initial
terms
of
the
commissioners
appointed
by
legislative
21
leaders
in
judicial
election
districts
1B,
2B,
3B,
5B,
8B,
and
22
the
fourth
and
sixth
districts
are
as
follows:
the
speaker
of
23
the
house
shall
appoint
one
female
commissioner
with
a
term
24
expiring
on
January
31,
2021;
the
house
minority
leader
shall
25
appoint
one
male
commissioner
with
a
term
expiring
on
January
26
31,
2021;
the
senate
majority
leader
shall
appoint
one
male
27
commissioner
with
a
term
expiring
on
January
31,
2023;
and
the
28
senate
minority
leader
shall
appoint
one
female
commissioner
29
with
a
term
expiring
on
January
31,
2023.
30
After
the
initial
terms
are
served,
commissioners
shall
be
31
appointed
to
six-year
terms
by
the
governor
and
legislative
32
leaders
as
provided
by
the
bill.
33
The
bill
further
provides
changes
to
judicial
nominating
34
commissioner
vacancies.
A
commissioner
shall
be
deemed
to
have
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submitted
a
resignation
if
the
commissioner
fails
to
attend
a
1
meeting
of
the
commission
that
is
properly
noticed
and
at
which
2
the
commission
conducts
interviews
or
selects
nominees
for
3
judicial
office.
The
appointing
authority
of
said
commissioner
4
may
accept
or
reject
the
resignation
and,
if
accepted,
the
5
appointing
authority
shall
notify
the
commissioner
and
the
6
chairperson
of
the
commission
in
writing
and
shall
then
make
7
another
appointment.
Where
there
is
a
vacancy
in
the
office
of
8
chairperson
of
a
judicial
nominating
commission,
the
governor
9
shall
appoint
a
new
chairperson,
but
if
not
filled
by
the
time
10
of
a
commission
meeting
or
in
the
absence
of
the
chairperson,
11
the
members
of
the
particular
commission
shall
elect
a
12
temporary
chairperson.
The
bill
also
provides
conforming
13
changes
to
Code
section
46.5
in
complying
with
the
new
14
appointment
procedures
by
the
governor
and
legislative
leaders.
15
The
bill
also
provides
that
the
governor
shall
appoint
one
of
16
the
commissioners
appointed
by
the
governor
or
the
legislative
17
leaders
on
each
judicial
nominating
commission
to
serve
as
the
18
chairperson
of
the
particular
judicial
nominating
commission
19
for
a
two-year
term
and
that
if
the
chairperson
desires
to
be
20
relieved
of
the
duties
of
chairperson,
the
chairperson
shall
21
notify
the
governor
and
the
governor
shall
appoint
another
22
commissioner
to
serve
as
chairperson
for
the
remainder
of
the
23
two-year
term.
24
The
bill
repeals
the
following
Code
sections
that
relate
to
25
nominations
made
by
members
of
the
state
bar:
Code
sections
26
46.7
(eligibility
of
state
bar
member
to
vote);
46.8
(certified
27
list
of
members
of
the
bar
eligible
to
vote);
46.9
(conduct
of
28
elections);
46.9A
(notice
of
preceding
nomination
of
elective
29
nominating
commissioners);
and
46.10
(nomination
of
elective
30
nominating
commissioners).
31
The
bill
provides
that
the
governor
and
the
legislative
32
leaders
shall
promptly
certify
the
names
and
addresses
33
of
appointive
judicial
nominating
commissioners
to
the
34
state
commissioner
of
elections
and
the
chairperson
of
the
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respective
nominating
commissions.
Current
law
provides
such
1
certification
is
done
by
the
governor
and
the
state
court
2
administrator.
3
The
bill
provides
that
if
a
chairperson
fails
to
call
a
4
meeting
of
the
commission
within
10
days
after
notice
of
a
5
vacancy,
that
the
governor
shall
call
a
meeting
whereas
current
6
law
provides
that
the
chief
justice
shall
call
said
meeting.
7
The
bill
provides
that
each
judicial
nominating
commission
8
shall
publish
on
the
judicial
branch
website
all
of
the
9
following:
notice
that
the
commission
is
accepting
10
applications
along
with
a
copy
of
the
application
form
at
least
11
two
weeks
before
applications
are
required
to
be
submitted;
12
copies
of
nonconfidential
application
materials
submitted
by
13
applications;
the
schedule
of
applicants’
interviews
before
14
the
commission;
and
the
list
of
nominees
submitted
by
the
15
commission
to
the
governor
and
the
chief
justice.
The
bill
16
further
provides
that
commissioners
shall
be
permitted
to
17
conduct
individual
interviews
with
applicants
in
advance
of
the
18
commission’s
meetings
to
choose
the
nominees.
19
The
bill
modifies
the
nomination
requirements
of
individual
20
judge
vacancies
by
requiring
nominees
to
be
residents
of
the
21
state
whereas
current
law
requires
nominees
to
be
residents
22
of
the
state
or
the
district
of
the
court
to
which
they
are
23
nominated.
Under
the
bill,
nominees
are
also
not
required
24
to
file
a
certified
application
form
with
the
chairperson
of
25
the
district
judicial
nominating
commission.
The
bill
further
26
requires
that
the
chairperson
of
the
commission
certify
the
27
names
of
the
nominees
to
the
governor
and
chief
justice
by
28
emailing
the
certification
to
the
governor
and
chief
justice
on
29
the
day
of
nomination.
30
The
bill
amends
the
number
of
nominees
to
be
submitted
by
31
the
state
judicial
nominating
commission
to
the
governor
for
32
vacancies
in
the
court
of
appeals
from
three
to
five.
33
Current
law
requires
a
district
judge
to
be
a
resident
of
34
the
judicial
election
district
in
which
appointed
and
retained.
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The
bill
provides
that
a
district
judge
must
be
a
resident
1
of
the
judicial
election
district
in
which
appointed
before
2
assuming
office
and
during
the
entire
term
of
office.
3
The
bill
provides
that
for
an
attorney
to
be
eligible
to
4
vote
in
elections
of
magistrate
appointing
commissioners
within
5
a
county,
the
attorney
must
be
eligible
to
practice
and
must
6
be
a
resident
of
the
county.
Each
year,
the
state
court
7
administrator
shall
certify
a
list
of
the
names,
addresses,
and
8
years
of
admission
of
members
of
the
bar
who
are
eligible
to
9
vote
for
the
magistrate
appointing
commission.
10
The
bill
repeals
Code
section
602.11111,
which
provided
for
11
transition
provisions
for
the
membership
of
district
judicial
12
nominating
commissions
for
judicial
election
districts
5A
and
13
5C
after
the
fifth
judicial
district
was
split
into
judicial
14
election
districts
in
1985.
15
Division
I
of
the
bill
takes
effect
upon
enactment.
16
DIVISION
II
——
ASSOCIATE
JUDGE
SELECTION.
The
bill
provides
17
that
the
chief
justice
may
order
the
state
commissioner
of
18
elections
to
delay
the
sending
of
a
notification
to
the
proper
19
judicial
nominating
commission
that
a
vacancy
in
the
office
20
of
district
associate
judge,
associate
juvenile
judge,
or
21
associate
probate
judge
has
occurred
or
will
occur.
22
Under
the
bill,
where
a
chief
judge
designates
by
order
of
23
substitution
that
a
district
associate
judge
be
appointed
in
24
lieu
of
a
magistrate
judge
or
where
the
chief
judge
designates
25
by
order
of
substitution
that
three
magistrates
be
appointed
26
in
lieu
of
the
appointment
of
a
district
associate
judge,
27
the
order
of
substitution
does
not
take
effect
unless
a
copy
28
of
said
order
is
received
by
the
chairperson
of
the
county
29
magistrate
appointing
commission
or
commissions
and
the
30
chairperson
of
the
district
judicial
nominating
commission.
31
Current
law
provides
that
district
associate
judges,
32
full-time
associate
juvenile
judges,
and
full-time
associate
33
probate
judges
are
to
be
appointed
by
the
district
judges
of
34
the
judicial
election
district
from
persons
nominated
by
the
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county
magistrate
appointing
commission.
The
bill
provides
1
that
district
associate
judges,
full-time
associate
juvenile
2
judges,
and
full-time
associate
probate
judges
are
appointed
by
3
the
governor
from
persons
nominated
by
the
district
judicial
4
nominating
commission
in
the
same
manner
as
district
judges
5
under
Code
chapter
46.
The
bill
further
provides
that
a
6
district
associate
judge,
a
full-time
associate
juvenile
judge,
7
or
a
full-time
associate
probate
judge
who
seeks
to
resign
from
8
said
position
shall
notify
the
governor,
the
chief
judge
of
the
9
judicial
district,
and
the
state
commissioner
of
elections.
10
When
a
vacancy
occurs,
the
state
commissioner
of
elections
11
shall
forthwith
so
notify
the
chairperson
of
the
proper
12
judicial
nominating
commission,
and
the
chairperson
shall
call
13
a
meeting
of
the
commission
within
10
days
after
such
notice.
14
If
the
chairperson
fails
to
do
so,
the
governor
shall
call
the
15
meeting.
16
Current
law
provides
that
a
person
does
not
qualify
for
17
appointment
to
the
office
of
district
associate
judge,
18
full-time
associate
juvenile
judge,
or
full-time
associate
19
probate
judge
unless
the
person
is
at
the
time
of
appointment
a
20
resident
of
the
judicial
election
district
in
which
the
vacancy
21
exists.
The
bill
strikes
this
requirement
and
provides
that
22
an
applicant
for
district
associate
judge,
full-time
associate
23
juvenile
judge,
or
full-time
associate
probate
judge
need
not
24
file
a
certified
application
form.
The
bill
provides
that
a
25
district
associate
judge,
a
full-time
associate
juvenile
judge,
26
and
a
full-time
associate
probate
judge
must
be
a
resident
of
27
the
judicial
election
district
in
which
the
office
is
held
28
before
assuming
office
and
during
the
entire
term
of
office.
29
Division
II
of
the
bill
takes
effect
upon
enactment.
30
DIVISION
III
——
CHIEF
JUSTICE
SELECTION.
Current
law
31
provides
that
the
justices
of
the
supreme
court
shall
select
32
one
justice
as
chief
justice
who
is
to
serve
during
that
33
justice’s
term
of
office.
The
bill
strikes
that
provision
34
and
provides
that
at
the
first
meeting
in
each
odd-numbered
35
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35
H.F.
_____
year,
the
justices
of
the
supreme
court
by
majority
vote
1
shall
designate
one
justice
as
chief
justice,
to
serve
for
a
2
two-year
term.
A
vacancy
will
be
filled
for
the
remainder
of
3
the
unexpired
term
by
a
majority
vote
of
the
justices
of
the
4
supreme
court,
after
any
vacancy
on
the
court
has
been
filled.
5
If
the
chief
justice
desires
to
be
relieved
of
the
duties
of
6
chief
justice
while
retaining
the
status
of
justice
of
the
7
supreme
court,
the
chief
justice
shall
notify
the
governor
8
and
the
other
justices
of
the
supreme
court
and
the
office
of
9
chief
justice
shall
be
deemed
vacant
and
filled
as
provided.
10
The
bill
creates
a
new
Code
section
for
the
transition
period
11
and
provides
that
the
term
of
the
chief
justice
serving
on
the
12
effective
date
of
the
bill
will
expire
on
January
15,
2021,
or
13
upon
the
conclusion
of
the
first
meeting
of
the
justices
of
the
14
supreme
court
in
January
2021,
whichever
occurs
earlier.
If
15
the
office
of
chief
justice
becomes
vacant
prior
to
expiration
16
of
the
term
in
January
2021,
the
office
shall
be
filled
for
the
17
remainder
of
the
unexpired
term
as
provided
for
in
Code
section
18
602.4103.
19
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