Bill Text: IA SF2100 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the nomination and appointment of district judges and associate juvenile judges. (Formerly SSB 3032.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-02-27 - Deferred. S.J. 339. [SF2100 Detail]
Download: Iowa-2011-SF2100-Introduced.html
Senate
File
2100
-
Introduced
SENATE
FILE
2100
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3032)
A
BILL
FOR
An
Act
relating
to
the
nomination
and
appointment
of
district
1
judges
and
associate
juvenile
judges.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
46.14,
Code
2011,
is
amended
to
read
as
1
follows:
2
46.14
Nomination
——
residence
.
3
1.
Each
judicial
nominating
commission
shall
carefully
4
consider
the
individuals
available
for
judge,
and
within
sixty
5
days
after
receiving
notice
of
a
vacancy
shall
certify
to
the
6
governor
and
the
chief
justice
the
proper
number
of
nominees,
7
in
alphabetical
order.
Such
nominees
shall
be
chosen
by
the
8
affirmative
vote
of
a
majority
of
the
full
statutory
number
9
of
commissioners
upon
the
basis
of
their
qualifications
and
10
without
regard
to
political
affiliation.
Nominees
shall
be
11
members
of
the
bar
of
Iowa,
shall
be
residents
of
the
state
or
12
district
of
the
court
to
which
they
are
nominated
,
and
shall
13
be
of
such
age
that
they
will
be
able
to
serve
an
initial
and
14
one
regular
term
of
office
to
which
they
are
nominated
before
15
reaching
the
age
of
seventy-two
years.
Nominees
for
district
16
judge
shall
file
a
certified
application
form,
to
be
provided
17
by
the
supreme
court,
with
the
chairperson
of
the
district
18
judicial
nominating
commission.
Absence
of
a
commissioner
or
19
vacancy
upon
the
commission
shall
not
invalidate
a
nomination.
20
The
chairperson
of
the
commission
shall
promptly
certify
the
21
names
of
the
nominees,
in
alphabetical
order,
to
the
governor
22
and
the
chief
justice.
23
2.
An
applicant
for
district
judge
shall
file
a
certified
24
application
form,
to
be
provided
by
the
supreme
court,
with
the
25
chairperson
of
the
district
judicial
nominating
commission.
A
26
district
judge
appointee
shall
be
a
resident
of
the
judicial
27
district
before
assuming
office
or,
if
the
judicial
district
28
is
divided
into
judicial
election
districts,
the
appointee
29
shall
be
a
resident
of
the
judicial
election
district
where
the
30
nomination
occurred
before
assuming
office.
31
2.
3.
A
commissioner
shall
not
be
eligible
for
nomination
32
by
the
commission
during
the
term
for
which
the
commissioner
33
was
elected
or
appointed
to
that
commission.
A
commissioner
34
shall
not
be
eligible
to
vote
for
the
nomination
of
a
family
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member,
current
law
partner,
or
current
business
partner.
For
1
purposes
of
this
subsection
,
“family
member”
means
a
spouse,
2
son,
daughter,
brother,
sister,
uncle,
aunt,
first
cousin,
3
nephew,
niece,
father-in-law,
mother-in-law,
son-in-law,
4
daughter-in-law,
brother-in-law,
sister-in-law,
father,
mother,
5
stepfather,
stepmother,
stepson,
stepdaughter,
stepbrother,
6
stepsister,
half
brother,
or
half
sister.
7
Sec.
2.
Section
602.7103C,
subsections
2
and
3,
Code
2011,
8
are
amended
to
read
as
follows:
9
2.
A
person
does
not
qualify
for
appointment
to
the
office
10
of
full-time
associate
juvenile
judge
unless
the
person
is
11
at
the
time
of
appointment
a
resident
of
the
county
judicial
12
election
district
in
which
the
vacancy
exists,
licensed
13
to
practice
law
in
Iowa,
and
will
be
able,
measured
by
the
14
person’s
age
at
the
time
of
appointment,
to
complete
the
15
initial
term
of
office
prior
to
reaching
age
seventy-two.
An
16
applicant
for
full-time
associate
juvenile
judge
shall
file
17
a
certified
application
form,
to
be
provided
by
the
supreme
18
court,
with
the
chairperson
of
the
county
magistrate
appointing
19
commission.
20
3.
A
full-time
associate
juvenile
judge
must
be
a
resident
21
of
a
county
the
judicial
election
district
in
which
the
22
office
is
held
during
the
entire
term
of
office.
A
full-time
23
associate
juvenile
judge
shall
serve
within
the
judicial
24
district
in
which
appointed,
as
directed
by
the
chief
judge,
25
and
is
subject
to
reassignment
under
section
602.6108
.
26
EXPLANATION
27
This
bill
relates
to
the
nomination
and
qualifications
of
28
district
judges
and
associate
juvenile
judges.
29
The
bill
specifies
that
a
district
judge
appointee
shall
30
be
a
resident
of
the
judicial
district
where
the
nomination
31
occurred
before
assuming
office.
If
the
judicial
district
is
32
divided
into
judicial
election
districts,
the
bill
specifies
33
the
appointee
shall
be
a
resident
of
the
judicial
election
34
district
where
the
nomination
occurred
before
assuming
office.
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The
bill
modifies
the
residency
requirements
of
a
full-time
1
associate
juvenile
judge.
Under
the
bill,
a
full-time
2
associate
juvenile
judge
is
required
at
the
time
of
appointment
3
to
reside
in
the
judicial
election
district
where
the
vacancy
4
exists.
The
bill
also
requires
a
full-time
associate
juvenile
5
judge
to
reside
in
the
judicial
election
district
in
which
the
6
office
is
held
during
the
entire
term
of
office.
7
Current
law
requires
a
full-time
magistrate
at
the
time
of
8
appointment
to
reside
in
the
county
in
which
the
vacancy
exists
9
and
to
reside
in
the
county
in
which
the
office
is
held
during
10
the
entire
term
of
office.
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