Bill Text: IA SSB1191 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to access to confidential records of the commission on judicial qualifications by members of the general assembly.

Spectrum: Committee Bill

Status: (Introduced) 2023-02-27 - Subcommittee Meeting: 03/01/2023 1:00PM Room 315. [SSB1191 Detail]

Download: Iowa-2023-SSB1191-Introduced.html
Senate Study Bill 1191 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to access to confidential records of the 1 commission on judicial qualifications by members of the 2 general assembly. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2248XC (1) 90 cm/ns
S.F. _____ Section 1. Section 602.2103, Code 2023, is amended to read 1 as follows: 2 602.2103 Operation of commission. 3 A quorum of the commission is four members. Only those 4 commission members that are present at commission meetings 5 or hearings may vote. An application by the commission to 6 the supreme court to retire, discipline, or remove a judicial 7 officer, or discipline or remove an employee of the judicial 8 branch, or an action by the commission which affects the final 9 disposition of a complaint, requires the affirmative vote of 10 at least four commission members. Notwithstanding chapter 21 11 and chapter 22 , all records, papers, proceedings, meetings, 12 and hearings of the commission are confidential, but if the 13 commission applies to the supreme court to retire, discipline, 14 or remove a judicial officer, or to discipline or remove an 15 employee of the judicial branch, the application and all of the 16 records and papers in that proceeding are public documents. 17 Upon request, a member of the general assembly shall have 18 access to confidential complaints, decisions, actions, records, 19 papers, or other information taken by the commission. A member 20 of the general assembly provided access by the commission 21 shall keep all information received confidential. A member 22 of the general assembly that is party to an action before a 23 judicial officer shall not be allowed to request or obtain 24 access to complaints, decisions, actions, records, papers, or 25 other information provided to the commission pertaining to 26 that judicial officer until the action is final and may not be 27 appealed. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to confidential records of the commission 32 on judicial qualifications. The commission on judicial 33 qualifications considers charges made against judicial officers 34 and employees of the judicial branch and determines whether to 35 -1- LSB 2248XC (1) 90 cm/ns 1/ 2
S.F. _____ make an application to the supreme court to retire, discipline, 1 or remove a judicial officer or remove a judicial branch 2 employee. The records of the commission are confidential 3 unless the commission decides to apply to the supreme court to 4 take action against the judicial officer or employee, in which 5 case the records become public documents. The bill provides 6 that a member of the general assembly shall, upon request, have 7 access to the commission on judicial qualifications’ records. 8 A member of the general assembly with access is required 9 to keep the records confidential. A member of the general 10 assembly that is party to an action shall not be allowed to 11 request records relating to the judicial officer presiding over 12 the action until the action is final and may not be appealed. 13 -2- LSB 2248XC (1) 90 cm/ns 2/ 2
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