Bill Text: IA SF2317 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to state and district judicial nominating commissions and county magistrate appointing commissions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-13 - Subcommittee: Garrett, Boulton, and Schultz. S.J. 278. [SF2317 Detail]
Download: Iowa-2023-SF2317-Introduced.html
Senate
File
2317
-
Introduced
SENATE
FILE
2317
BY
GARRETT
A
BILL
FOR
An
Act
relating
to
state
and
district
judicial
nominating
1
commissions
and
county
magistrate
appointing
commissions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6236XS
(5)
90
cm/ns
S.F.
2317
Section
1.
Section
46.1,
Code
2024,
is
amended
to
read
as
1
follows:
2
46.1
Appointment
of
state
judicial
nominating
commissioners.
3
1.
The
governor
shall
appoint,
subject
to
confirmation
4
by
the
senate,
nine
seventeen
eligible
electors
to
the
state
5
judicial
nominating
commission.
6
2.
The
appointments
made
by
the
governor
shall
be
7
staggered
terms
of
six
years
each
,
and
shall
begin
and
end
in
8
even-numbered
years
as
provided
in
section
69.19
.
The
terms
9
of
no
more
than
three
nor
less
than
two
of
the
commissioners
10
shall
expire
within
the
same
two-year
period.
The
terms
of
11
nine
commissioners
shall
begin
and
end
in
even-numbered
years,
12
and
the
terms
of
eight
commissioners
shall
begin
and
end
in
13
odd-numbered
years.
14
3.
No
more
than
a
simple
majority
of
the
commissioners
15
appointed
by
the
governor
shall
be
of
the
same
gender.
16
4.
3.
All
commissioners
shall
be
chosen
without
reference
17
to
political
affiliation.
18
5.
4.
There
shall
be
at
least
one
commissioner
four
19
commissioners
appointed
by
the
governor
from
each
congressional
20
district
and
there
shall
not
be
more
than
two
commissioners
21
appointed
by
the
governor
from
a
single
congressional
22
district
unless
each
congressional
district
has
at
least
two
23
commissioners
appointed
by
the
governor
.
The
governor
shall
24
appoint
one
commissioner
from
the
state
at
large.
25
6.
5.
A
commissioner
who
has
served
a
full
six-year
26
term
on
the
state
judicial
nominating
commission
,
whether
the
27
commissioner
was
appointed
or
elected,
shall
be
ineligible
to
28
be
appointed
to
a
second
six-year
term.
29
7.
6.
No
A
person
may
shall
not
be
appointed
who
holds
an
30
office
of
profit
of
the
United
States
or
of
the
state
at
the
31
time
of
appointment.
32
Sec.
2.
Section
46.3,
subsection
1,
Code
2024,
is
amended
33
to
read
as
follows:
34
1.
The
governor
shall
appoint
five
seven
eligible
electors
35
-1-
LSB
6236XS
(5)
90
cm/ns
1/
5
S.F.
2317
of
each
judicial
election
district
to
the
district
judicial
1
nominating
commission.
2
Sec.
3.
Section
46.3,
subsections
3
and
4,
Code
2024,
are
3
amended
by
striking
the
subsections.
4
Sec.
4.
Section
46.3,
Code
2024,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
5.
At
least
one
commissioner
shall
be
7
licensed
to
practice
law
in
the
courts
of
this
state.
A
person
8
shall
not
be
appointed
who
holds
an
office
of
profit
of
the
9
United
States
or
of
the
state
at
the
time
of
appointment.
10
Sec.
5.
Section
46.5,
subsection
3,
Code
2024,
is
amended
by
11
striking
the
subsection.
12
Sec.
6.
Section
46.5,
subsections
4,
5,
and
6,
Code
2024,
13
are
amended
to
read
as
follows:
14
4.
If
a
vacancy
occurs
in
the
office
of
chairperson
of
15
the
state
judicial
nominating
commission,
the
members
of
the
16
commission
shall
elect
a
new
chairperson
as
provided
in
section
17
46.6
.
If
a
vacancy
occurs
in
the
office
of
chairperson
of
a
18
district
judicial
nominating
commission
or
in
the
absence
of
19
the
chairperson,
the
members
of
the
particular
commission
shall
20
elect
a
temporary
chairperson
from
their
own
number.
21
5.
Notwithstanding
section
69.1A
,
appointed
and
elected
22
commissioners
on
the
state
and
district
judicial
nominating
23
commissions
shall
not
hold
over
until
their
successor
is
24
appointed
or
elected
and
qualified
.
25
6.
All
judicial
nominating
commissioners
,
including
26
those
elected
by
the
bar,
shall
be
subject
to
removal
by
27
the
executive
council
in
the
same
manner
as
appointive
state
28
officers
under
section
66.26
.
When
the
status
of
a
judicial
29
nominating
commissioner
is
in
question,
the
governor
shall
be
30
the
officer
responsible
for
deciding
whether
a
vacancy
exists
31
under
section
69.2
.
32
Sec.
7.
Section
46.6,
subsection
1,
Code
2024,
is
amended
33
to
read
as
follows:
34
1.
The
commissioners
of
the
state
or
district
judicial
35
-2-
LSB
6236XS
(5)
90
cm/ns
2/
5
S.F.
2317
nominating
commission
shall
elect
a
chairperson
from
their
1
own
number.
The
chairperson
shall
serve
a
two-year
term
that
2
expires
on
April
30
of
even-numbered
years.
A
commissioner
3
may
be
reelected
for
a
second
or
third
term
as
chairperson.
4
If
a
chairperson
of
a
judicial
nominating
commission
desires
5
to
be
relieved
of
the
duties
of
chairperson
while
retaining
6
the
status
of
commissioner,
the
chairperson
shall
notify
the
7
governor
and
the
other
commissioners
of
the
commission.
At
the
8
next
meeting
of
the
commission,
the
commissioners
shall
elect
a
9
new
chairperson
for
the
remainder
of
the
two-year
term.
10
Sec.
8.
Section
46.6,
subsection
2,
Code
2024,
is
amended
by
11
striking
the
subsection.
12
Sec.
9.
Section
602.6501,
subsection
1,
Code
2024,
is
13
amended
by
striking
the
subsection
and
inserting
in
lieu
14
thereof
the
following:
15
1.
A
magistrate
appointing
commission
is
established
in
16
each
county.
The
commission
shall
be
composed
of
three
members
17
appointed
by
the
board
of
supervisors.
18
Sec.
10.
Section
602.6503,
Code
2024,
is
amended
to
read
as
19
follows:
20
602.6503
Commissioners
appointed
by
a
county.
21
1.
The
board
of
supervisors
of
each
county
shall
appoint
22
three
electors
to
the
magistrate
appointing
commission
for
23
the
county
for
six-year
terms
beginning
January
1,
1979,
and
24
each
sixth
year
thereafter
.
However,
if
there
is
only
one
25
attorney
elected
pursuant
to
section
602.6504
,
the
county
board
26
of
supervisors
shall
only
appoint
two
commissioners,
and
if
27
no
attorney
is
elected,
the
board
of
supervisors
shall
only
28
appoint
one
commissioner.
29
2.
The
board
of
supervisors
shall
not
appoint
an
attorney
or
30
an
active
law
enforcement
officer
to
serve
as
a
commissioner.
31
3.
The
county
auditor
shall
certify
to
the
clerk
of
the
32
district
court
the
name,
address,
and
expiration
date
of
term
33
for
all
appointees
of
the
board
of
supervisors.
34
Sec.
11.
Section
602.8102,
subsection
14,
Code
2024,
is
35
-3-
LSB
6236XS
(5)
90
cm/ns
3/
5
S.F.
2317
amended
to
read
as
follows:
1
14.
Maintain
a
bar
admission
list
as
provided
in
section
2
46.8
.
3
Sec.
12.
REPEAL.
Sections
46.2,
46.4,
46.7,
46.8,
46.9,
4
46.9A,
46.10,
46.11,
602.6504,
and
602.11111,
Code
2024,
are
5
repealed.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
state
and
district
judicial
nominating
10
commissions
and
county
magistrate
appointing
commissions.
11
The
bill
provides
that
the
governor
shall
appoint
all
the
12
commissioners
to
state
and
district
commissions.
13
For
the
state
commission,
of
the
17
commissioners,
the
14
governor
shall
appoint
at
least
four
commissioners
from
each
15
congressional
district
and
one
commissioner
from
the
state
at
16
large.
The
terms
for
nine
of
the
commissioners
shall
begin
and
17
end
in
even-numbered
years,
and
eight
shall
begin
and
end
in
18
odd-numbered
years.
Under
current
law,
the
governor
appoints
19
nine
persons
to
the
state
commission
and
resident
members
of
20
the
bar
of
each
congressional
district
elect
two
persons
of
21
different
genders
to
the
commission.
22
Under
current
law,
the
members
of
the
bar
of
each
23
judicial
election
district
elect
five
commissioners
to
that
24
district’s
commission
and
the
governor
appoints
another
five
25
commissioners.
The
most
senior
judge
in
the
district
serves
as
26
chairperson.
The
bill
decreases
the
number
of
commissioners
on
27
a
district
commission
from
11
to
seven,
including
by
removing
28
the
most
senior
judge
in
the
district
from
the
commission.
29
The
bill
requires
that
at
least
one
member
of
the
district
30
commission
be
a
licensed
attorney
in
this
state.
31
The
bill
removes
the
gender
balance
requirement
for
state
32
and
district
commissions.
33
Under
current
law,
a
county
magistrate
appointing
commission
34
is
comprised
of
up
to
six
members:
a
district
judge
designated
35
-4-
LSB
6236XS
(5)
90
cm/ns
4/
5
S.F.
2317
by
the
chief
judge
of
the
judicial
district,
up
to
three
1
members
appointed
by
the
board
of
supervisors,
and
up
to
two
2
attorneys
elected
by
attorneys
in
the
county.
The
bill
reduces
3
the
number
of
members
on
a
county
commission
to
three
members
4
appointed
by
the
board
of
supervisors.
5
The
bill
makes
conforming
changes
to
Code
chapter
602
6
(judicial
branch).
7
The
bill
repeals
the
following
Code
sections:
46.2
8
(election
of
state
judicial
nominating
commissioners),
46.4
9
(election
of
district
judicial
nominating
commissioners),
46.7
10
(eligibility
to
vote),
46.8
(certified
list),
46.9
(conduct
11
of
elections),
46.9A
(notice
preceding
nomination
of
elective
12
nominating
commissioners),
46.10
(nomination
of
elective
13
judicial
nominating
commissioners),
46.11
(certification
of
14
commissioners),
605.6504
(commissioners
elected
by
attorneys),
15
and
602.11111
(judicial
nominating
commissions
for
election
16
districts
5A
and
5C).
17
-5-
LSB
6236XS
(5)
90
cm/ns
5/
5
