Bill Text: IA SF237 | 2019-2020 | 88th General Assembly | Amended
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. (Formerly SSB 1101.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2019-04-27 - Rereferred to Judiciary. H.J. 1076. [SF237 Detail]
Download: Iowa-2019-SF237-Amended.html
Senate
File
237
-
Reprinted
SENATE
FILE
237
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1101)
(As
Amended
and
Passed
by
the
Senate
March
12,
2019
)
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
SF
237
(3)
88
mo/jh/mb
S.F.
237
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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237
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88
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1/
29
S.F.
237
appointment.
1
Sec.
2.
NEW
SECTION
.
46.1A
Appointment
of
state
judicial
2
nominating
commissioner
by
supreme
court.
3
1.
The
supreme
court,
by
majority
vote,
shall
appoint
one
4
eligible
elector
to
the
state
judicial
nominating
commission.
5
2.
The
appointment
made
by
the
supreme
court
shall
be
for
a
6
term
of
six
years
and
shall
be
made
in
the
month
of
January
for
7
a
term
commencing
February
1.
8
3.
The
commissioner
shall
be
chosen
without
reference
to
9
political
affiliation.
10
4.
The
supreme
court
shall
give
due
consideration
to
area
11
representation
on
the
commission
when
making
an
appointment.
12
5.
A
person
appointed
to
replace
a
commissioner
in
the
13
middle
of
a
term
must
be
of
the
same
gender
as
the
commissioner
14
being
replaced.
A
person
appointed
to
replace
a
commissioner
15
upon
the
end
of
a
term
shall
be
of
a
different
gender
than
the
16
commissioner
being
replaced.
17
6.
A
commissioner
who
has
served
a
full
six-year
term
on
the
18
state
judicial
nominating
commission,
whether
the
commissioner
19
was
appointed
or
elected,
shall
be
ineligible
to
be
appointed
20
to
a
second
six-year
term.
21
7.
No
person
may
be
appointed
who
holds
an
office
of
22
profit
of
the
United
States
or
of
the
state
at
the
time
of
23
appointment.
24
Sec.
3.
Section
46.2,
Code
2019,
is
amended
by
striking
the
25
section
and
inserting
in
lieu
thereof
the
following:
26
46.2
Appointment
of
state
judicial
nominating
commissioners
27
by
legislative
leaders.
28
1.
The
speaker
of
the
house,
house
minority
leader,
senate
29
majority
leader,
and
senate
minority
leader
shall
each
appoint
30
two
eligible
electors
of
different
genders
to
the
state
31
judicial
nominating
commission.
32
2.
The
appointments
made
by
the
legislative
leaders
33
shall
be
staggered
terms
of
six
years
each
and
shall
be
made
34
in
the
month
of
January
for
terms
commencing
February
1
of
35
-2-
SF
237
(3)
88
mo/jh/mb
2/
29
S.F.
237
odd-numbered
years.
The
terms
of
no
more
than
four
nor
less
1
than
two
of
the
members
shall
expire
within
the
same
two-year
2
period.
3
3.
At
least
one
of
the
commissioners
appointed
by
each
4
legislative
leader
shall
be
admitted
to
practice
law
in
Iowa.
5
4.
All
commissioners
shall
be
chosen
without
reference
to
6
political
affiliation.
7
5.
A
legislative
leader
shall
give
due
consideration
to
area
8
representation
on
the
commission
when
making
an
appointment
and
9
shall
not
make
an
appointment
that
results
in
two
commissioners
10
serving
from
the
same
congressional
district
who
were
appointed
11
by
a
leader
of
the
same
party
in
the
same
chamber.
12
6.
An
appointment
made
to
replace
a
commissioner,
whether
in
13
the
middle
of
a
term
or
upon
the
expiration
of
the
term,
shall
14
be
made
by
the
person
holding
the
same
legislative
leadership
15
position
that
made
the
original
appointment.
16
7.
A
person
appointed
to
replace
a
commissioner,
whether
in
17
the
middle
of
a
term
or
upon
the
expiration
of
the
term,
must
be
18
of
the
same
gender
as
the
commissioner
being
replaced.
19
8.
A
commissioner
who
has
served
a
full
six-year
term
on
the
20
state
judicial
nominating
commission,
whether
the
commissioner
21
was
appointed
or
elected,
shall
be
ineligible
to
be
appointed
22
to
a
second
six-year
term.
23
9.
No
person
may
be
appointed
who
holds
an
office
of
24
profit
of
the
United
States
or
of
the
state
at
the
time
of
25
appointment.
26
Sec.
4.
Section
46.2A,
Code
2019,
is
amended
to
read
as
27
follows:
28
46.2A
Special
appointment
or
election
of
state
judicial
29
nominating
commission
members
commissioners
.
30
1.
As
used
in
this
section
,
“congressional
district”
31
means
those
districts
established
following
the
2010
federal
32
decennial
census
and
described
in
chapter
40
.
33
2.
Notwithstanding
sections
46.1
and
46.2
,
the
terms
of
34
the
appointed
and
elected
members
commissioners
of
the
state
35
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237
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29
S.F.
237
judicial
nominating
commission
serving
on
December
31,
2012,
1
the
effective
date
of
this
Act
shall
expire
at
11:59
p.m.
on
2
that
date.
Notwithstanding
section
69.1A,
commissioners
of
3
the
state
judicial
nominating
commission
serving
on
that
date
4
shall
not
hold
over
until
the
appointment
of
the
successor
5
commissioners
under
this
section.
6
3.
The
terms
of
newly
appointed
and
elected
members
7
commissioners
of
the
state
judicial
nominating
commission
8
shall
commence
on
January
1,
2013,
based
upon
the
number
of
9
congressional
districts
as
enacted
pursuant
to
chapter
42
at
10
12:00
a.m.
on
the
day
after
the
effective
date
of
this
Act
.
11
4.
The
initial
term
of
the
appointed
members
commissioners
12
appointed
by
the
governor
shall
be
as
follows:
13
a.
In
the
congressional
district
described
as
the
first
14
district,
there
shall
be
one
member
male
commissioner
with
15
a
term
of
two
years
expiring
on
January
31,
2021,
and
one
16
member
female
commissioner
with
a
term
of
six
years
expiring
on
17
January
31,
2025
.
18
b.
In
the
congressional
district
described
as
the
second
19
district,
there
shall
be
one
member
female
commissioner
with
a
20
term
of
two
years
expiring
on
January
31,
2021,
and
one
member
21
male
commissioner
with
a
term
of
four
years
expiring
on
January
22
31,
2023
.
23
c.
In
the
congressional
district
described
as
the
third
24
district,
there
shall
be
one
member
female
commissioner
with
a
25
term
of
four
years
expiring
on
January
31,
2023,
and
one
member
26
male
commissioner
with
a
term
of
six
years
expiring
on
January
27
31,
2025
.
28
d.
In
the
congressional
district
described
as
the
fourth
29
district,
there
shall
be
one
member
male
commissioner
with
a
30
term
of
two
years
expiring
on
January
31,
2021,
and
one
member
31
female
commissioner
with
a
term
of
four
years
expiring
on
32
January
31,
2025
.
33
5.
The
supreme
court
shall
appoint
one
commissioner
of
any
34
gender
with
an
initial
term
expiring
on
January
31,
2021.
35
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237
5.
6.
The
initial
term
of
the
elected
members
commissioners
1
appointed
by
the
speaker
of
the
house,
the
house
minority
2
leader,
the
senate
majority
leader,
and
the
senate
minority
3
leader
shall
be
as
follows:
4
a.
In
the
congressional
district
described
as
the
first
5
district,
there
shall
be
The
speaker
of
the
house
shall
appoint
6
one
member
male
commissioner
with
a
term
of
two
years
expiring
7
on
January
31,
2023,
and
one
member
female
commissioner
with
a
8
term
of
four
years
expiring
on
January
31,
2025
.
9
b.
In
the
congressional
district
described
as
the
second
10
district,
there
shall
be
The
house
minority
leader
shall
11
appoint
one
member
male
commissioner
with
a
term
of
four
12
years
expiring
on
January
31,
2023,
and
one
member
female
13
commissioner
with
a
term
of
six
years
expiring
on
January
31,
14
2025
.
15
c.
In
the
congressional
district
described
as
the
third
16
district,
there
shall
be
The
senate
majority
leader
shall
17
appoint
one
member
male
commissioner
with
a
term
of
two
18
years
expiring
on
January
31,
2021,
and
one
member
female
19
commissioner
with
a
term
of
six
years
expiring
on
January
31,
20
2023
.
21
d.
In
the
congressional
district
described
as
the
fourth
22
district,
there
shall
be
The
senate
minority
leader
shall
23
appoint
one
member
male
commissioner
with
a
term
of
four
24
years
expiring
on
January
31,
2021,
and
one
member
female
25
commissioner
with
a
term
of
six
years
expiring
on
January
31,
26
2023
.
27
6.
The
appointed
and
elected
members
from
each
28
congressional
district
shall
be
gender
balanced
as
provided
in
29
section
69.16A
.
30
7.
After
the
initial
term
is
served
pursuant
to
this
31
section
,
the
appointed
members
new
commissioners
shall
be
32
appointed
to
six-year
terms
by
the
governor
as
provided
in
33
section
46.1
,
and
the
elected
members
shall
be
elected
to
34
six-year
terms
,
by
the
supreme
court
as
provided
in
section
35
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29
S.F.
237
46.1A,
and
by
the
legislative
leaders
as
provided
in
section
1
46.2
.
2
8.
If
the
state
judicial
nominating
commission
has
received
3
notice
of
a
vacancy
and
has
not
yet
submitted
nominees
to
the
4
governor
prior
to
the
effective
date
of
this
Act,
any
scheduled
5
meeting
of
the
commission
shall
be
postponed
until
the
newly
6
appointed
commission
holds
its
first
organizational
meeting
7
properly
noticed
under
section
46.13.
The
newly
appointed
8
commission
may
choose
to
extend
its
nomination
process
or
9
conduct
a
new
nomination
process.
In
any
such
pending
vacancy,
10
notwithstanding
section
46.14,
subsection
1,
the
commission
11
must
certify
to
the
governor
and
the
chief
justice
the
proper
12
number
of
nominees
within
sixty
days
of
the
effective
date
of
13
this
Act.
14
Sec.
5.
Section
46.3,
Code
2019,
is
amended
to
read
as
15
follows:
16
46.3
Appointment
of
district
judicial
nominating
17
commissioners
by
the
governor
.
18
1.
The
governor
shall
appoint
five
eligible
electors
of
each
19
judicial
election
district
to
the
district
judicial
nominating
20
commission.
21
2.
The
appointments
made
by
the
governor
shall
be
to
22
staggered
terms
of
six
years
each
and
shall
be
made
in
23
the
month
of
January
for
terms
commencing
February
1
of
24
even-numbered
odd-numbered
years.
25
3.
No
more
than
a
simple
majority
of
the
commissioners
26
appointed
by
the
governor
shall
be
of
the
same
gender.
27
4.
All
commissioners
shall
be
chosen
without
reference
to
28
political
affiliation.
29
4.
5.
Beginning
with
terms
commencing
February
1,
2012,
30
there
There
shall
not
be
more
than
one
appointed
commissioner
31
from
a
county
within
a
judicial
election
district
unless
32
each
county
within
the
judicial
election
district
has
an
33
appointed
or
elected
commissioner
or
the
number
of
appointed
34
commissioners
exceeds
the
number
of
counties
within
the
35
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237
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6/
29
S.F.
237
judicial
election
district.
This
subsection
shall
not
be
used
1
to
remove
an
appointed
commissioner
from
office
prior
to
the
2
expiration
of
the
commissioner’s
term.
3
6.
No
person
may
be
appointed
who
holds
an
office
of
4
profit
of
the
United
States
or
of
the
state
at
the
time
of
5
appointment.
6
Sec.
6.
NEW
SECTION
.
46.3A
Appointment
of
district
judicial
7
nominating
commissioner
by
supreme
court.
8
1.
The
supreme
court,
by
majority
vote,
shall
appoint
one
9
eligible
elector
of
each
judicial
election
district
to
the
10
district
judicial
nominating
commission.
11
2.
The
appointments
made
by
the
supreme
court
shall
be
for
12
terms
of
six
years
and
shall
be
made
in
the
month
of
January
for
13
terms
commencing
February
1
of
odd-numbered
years.
14
3.
The
commissioners
shall
be
chosen
without
reference
to
15
political
affiliation.
16
4.
The
supreme
court
shall
give
due
consideration
to
area
17
representation
on
the
commission
when
making
an
appointment.
18
5.
A
person
appointed
to
replace
a
commissioner
in
the
19
middle
of
a
term
must
be
of
the
same
gender
as
the
commissioner
20
being
replaced.
A
person
appointed
to
replace
a
commissioner
21
upon
the
end
of
a
term
shall
be
of
a
different
gender
than
the
22
commissioner
being
replaced.
23
6.
A
commissioner
who
has
served
a
full
six-year
term
24
on
the
district
judicial
nominating
commission,
whether
the
25
commissioner
was
appointed
or
elected,
shall
be
ineligible
to
26
be
appointed
to
a
second
six-year
term.
27
7.
No
person
may
be
appointed
who
holds
an
office
of
28
profit
of
the
United
States
or
of
the
state
at
the
time
of
29
appointment.
30
Sec.
7.
Section
46.4,
Code
2019,
is
amended
by
adding
the
31
following
new
subsections:
32
NEW
SUBSECTION
.
3.
A
commissioner
who
has
served
a
full
33
six-year
term
on
the
district
judicial
nominating
commission,
34
whether
the
commissioner
was
appointed
or
elected,
shall
be
35
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ineligible
to
be
elected
to
a
second
six-year
term.
1
NEW
SUBSECTION
.
4.
No
person
may
be
elected
who
holds
an
2
office
of
profit
of
the
United
States
or
of
the
state
at
the
3
time
of
appointment.
4
Sec.
8.
NEW
SECTION
.
46.4A
Special
appointment
of
district
5
judicial
nominating
commissioners.
6
1.
The
initial
term
of
the
commissioners
appointed
by
the
7
supreme
court
shall
be
as
follows:
8
a.
In
judicial
election
districts
1A,
2A,
3A,
5A,
5C,
8A,
9
and
the
seventh
judicial
district,
the
supreme
court
shall
10
appoint
one
male
commissioner
with
a
term
expiring
on
January
11
31,
2021.
12
b.
In
judicial
election
district
1B,
2B,
3B,
5B,
8B,
and
the
13
fourth
and
sixth
judicial
districts,
the
supreme
court
shall
14
appoint
one
female
commissioner
with
a
term
expiring
on
January
15
31,
2025.
16
2.
After
the
initial
term
is
served
pursuant
to
subsection
17
1,
new
commissioners
shall
be
appointed
to
six-year
terms
by
18
the
supreme
court
as
provided
in
section
46.3A.
19
3.
If
a
district
judicial
nominating
commission
has
20
received
notice
of
a
vacancy
and
has
not
yet
submitted
nominees
21
to
the
governor
prior
to
the
effective
date
of
this
Act,
any
22
scheduled
meeting
of
the
commission
shall
be
postponed
until
23
any
new
commissioner
is
appointed
pursuant
to
this
section
and
24
the
commission
holds
a
new
organizational
meeting
properly
25
noticed
under
section
46.13.
The
commission
may
choose
to
26
continue
with
its
currently
scheduled
nomination
process,
27
extend
its
nomination
process,
or
conduct
a
new
nomination
28
process.
In
any
such
pending
vacancy,
notwithstanding
section
29
46.14,
subsection
1,
the
commission
must
certify
to
the
30
governor
and
the
chief
justice
the
proper
number
of
nominees
31
within
sixty
days
of
the
effective
date
of
this
Act.
32
Sec.
9.
Section
46.5,
Code
2019,
is
amended
to
read
as
33
follows:
34
46.5
Vacancies.
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1.
When
a
vacancy
occurs
in
the
office
of
an
appointive
1
judicial
nominating
commissioner,
the
chairperson
of
2
the
particular
commission
or
the
governor
shall
promptly
3
notify
the
governor
appointing
authority
in
writing
of
such
4
fact.
Vacancies
in
the
office
of
an
appointive
judicial
5
nominating
commissioner
shall
be
filled
by
appointment
by
6
the
governor
same
appointing
authority
that
appointed
the
7
previous
commissioner
where
the
vacancy
occurred
,
consistent
8
with
eligibility
requirements.
The
term
of
state
judicial
9
nominating
commissioners
so
appointed
shall
commence
upon
10
their
appointment
pending
confirmation
by
the
senate
at
the
11
then
session
of
the
general
assembly
or
at
its
next
session
12
if
it
is
not
then
in
session.
The
term
of
district
judicial
13
nominating
commissioners
so
appointed
shall
commence
upon
their
14
appointment.
15
2.
Except
where
the
term
has
less
than
ninety
days
16
remaining,
vacancies
in
the
office
of
elective
member
of
the
17
state
judicial
nominating
commission
shall
be
filled
consistent
18
with
eligibility
requirements
by
a
special
election
within
the
19
congressional
district
where
the
vacancy
occurs,
such
election
20
to
be
conducted
as
provided
in
sections
46.9
and
46.10
.
An
21
appointive
commissioner
shall
be
deemed
to
have
submitted
a
22
resignation
if
the
commissioner
fails
to
attend
a
meeting
of
23
the
commission
that
is
properly
noticed
under
section
46.13
24
and
at
which
the
commission
conducts
interviews
or
selects
25
nominees
for
judicial
office.
The
appointing
authority
of
26
the
commissioner
in
the
appointing
authority’s
discretion
may
27
accept
or
reject
the
resignation.
If
the
appointing
authority
28
accepts
the
resignation,
the
appointing
authority
shall
notify
29
the
commissioner
and
the
chairperson
of
the
commission
in
30
writing
and
shall
then
make
another
appointment.
31
3.
Vacancies
in
the
office
of
elective
district
judicial
32
nominating
commissioner
of
district
judicial
nominating
33
commissions
shall
be
filled
consistent
with
eligibility
34
requirements
and
by
majority
vote
of
the
authorized
number
of
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elective
members
of
the
particular
commission,
at
a
meeting
of
1
such
members
called
in
the
manner
provided
in
section
46.13
.
2
The
term
of
judicial
nominating
commissioners
so
chosen
shall
3
commence
upon
their
selection
by
a
special
election
within
the
4
judicial
election
district
where
the
vacancy
occurs
unless
the
5
term
has
less
than
ninety
days
remaining,
in
which
case
the
6
office
shall
remain
vacant.
The
special
election
shall
be
7
completed
within
ninety
days
of
the
vacancy
arising
and
shall
8
be
conducted
as
provided
in
sections
46.9,
46.9A,
and
46.10
.
9
4.
If
a
vacancy
occurs
in
the
office
of
chairperson
of
10
a
judicial
nominating
commission,
or
in
the
members
of
the
11
particular
commission
shall
elect
a
new
chairperson
as
provided
12
in
section
46.6.
In
the
absence
of
the
chairperson,
the
13
members
of
the
particular
commission
shall
elect
a
temporary
14
chairperson
from
their
own
number.
15
5.
When
a
vacancy
in
an
office
of
an
elective
judicial
16
nominating
commissioner
occurs,
the
state
court
administrator
17
shall
cause
to
be
mailed
to
each
member
of
the
bar
whose
name
18
appears
on
the
certified
list
prepared
pursuant
to
section
46.8
19
for
the
district
or
districts
affected,
a
notice
stating
the
20
existence
of
the
vacancy,
the
requirements
for
eligibility,
21
and
the
manner
in
which
the
vacancy
will
be
filled.
Other
22
items
may
be
included
in
the
same
mailing
if
they
are
on
sheets
23
separate
from
the
notice.
The
election
of
a
district
judicial
24
nominating
commissioner
or
the
close
of
nominations
for
a
state
25
judicial
nominating
commissioner
shall
not
occur
until
thirty
26
days
after
the
mailing
of
the
notice.
Notwithstanding
section
27
69.1A,
appointed
and
elected
commissioners
on
the
state
and
28
district
judicial
nominating
commissions
shall
not
hold
over
29
until
their
successor
is
elected
and
qualified.
30
Sec.
10.
Section
46.6,
Code
2019,
is
amended
to
read
as
31
follows:
32
46.6
Equal
seniority
Chairperson
.
33
If
the
judges
of
longest
service,
other
than
the
chief
34
justice,
of
the
supreme
court
or
of
the
district
court
in
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237
a
district
are
of
equal
service,
the
eldest
of
such
judges
1
shall
be
chairperson
of
the
particular
judicial
nominating
2
commission.
The
commissioners
of
a
particular
judicial
3
nominating
commission
shall
elect
a
chairperson
from
their
4
own
number.
The
chairperson
shall
serve
a
two-year
term
that
5
expires
on
January
31
of
odd-numbered
years.
A
commissioner
6
may
be
reelected
for
a
second
or
third
term
as
chairperson.
7
If
a
chairperson
of
a
judicial
nominating
commission
desires
8
to
be
relieved
of
the
duties
of
chairperson
while
retaining
9
the
status
of
commissioner,
the
chairperson
shall
notify
the
10
governor
and
the
other
commissioners
of
the
commission.
At
the
11
next
meeting
of
the
commission,
the
commissioners
shall
elect
a
12
new
chairperson
for
the
remainder
of
the
two-year
term.
13
Sec.
11.
Section
46.7,
Code
2019,
is
amended
to
read
as
14
follows:
15
46.7
Eligibility
to
vote.
16
To
be
eligible
to
vote
in
elections
of
district
judicial
17
nominating
commissioners,
a
member
of
the
bar
must
be
eligible
18
to
practice
and
must
be
a
resident
of
the
state
of
Iowa
and
of
19
the
appropriate
congressional
district
or
judicial
election
20
district
as
shown
by
the
member’s
most
recent
filing
with
the
21
supreme
court
for
the
purposes
of
showing
compliance
with
22
the
court’s
continuing
legal
education
requirements,
or
for
23
members
of
the
bar
eligible
to
practice
who
are
not
required
24
to
file
such
compliance,
any
paper
on
file
by
July
1
with
the
25
state
court
administrator,
for
the
purpose
of
establishing
26
eligibility
to
vote
under
this
section
,
which
the
court
27
determines
to
show
the
requisite
residency
requirements
at
the
28
time
the
member
votes
in
the
election
.
The
member’s
residency
29
shall
be
determined
by
the
home
address
shown
on
the
member’s
30
most
recent
electronic
or
paper
submission
to
the
commission
31
on
continuing
education
and
the
client
security
commission
or
32
on
the
member’s
bar
admission
records.
A
judge
who
has
been
33
admitted
to
the
bar
of
the
state
of
Iowa
shall
be
considered
a
34
member
of
the
bar.
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Sec.
12.
Section
46.8,
Code
2019,
is
amended
to
read
as
1
follows:
2
46.8
Certified
list.
3
Each
year
the
The
state
court
administrator
shall
certify
a
4
maintain
a
certified
list
of
the
names,
addresses,
and
years
5
of
admission
of
members
of
the
bar
who
are
eligible
to
vote
for
6
state
and
district
judicial
nominating
commissioners.
7
Sec.
13.
Section
46.9,
Code
2019,
is
amended
to
read
as
8
follows:
9
46.9
Conduct
of
elections.
10
When
an
election
of
judicial
nominating
commissioners
is
11
to
be
held,
the
state
court
administrator
shall
administer
12
the
voting.
The
state
court
administrator
may
administer
13
the
voting
by
electronic
notification
and
voting
or
by
paper
14
ballot
mailed
to
each
eligible
attorney.
The
state
court
15
administrator
shall
mail
paper
ballots
to
eligible
attorneys
or
16
electronically
notify
and
enable
eligible
attorneys
to
vote.
17
The
elector
receiving
the
most
votes
shall
be
elected.
When
18
more
than
one
commissioner
is
to
be
elected,
the
electors
19
receiving
the
most
votes
shall
be
elected,
in
the
same
number
20
as
the
offices
to
be
filled.
The
election
results,
including
21
the
number
of
votes
cast
for
each
elector
and
the
total
number
22
of
members
of
the
bar
eligible
to
vote
in
each
election,
shall
23
be
made
publicly
available
on
the
judicial
branch
internet
24
site
and
shall
be
reported
to
the
governor
and
to
the
general
25
assembly
within
ten
days
after
the
conclusion
of
the
election.
26
Sec.
14.
Section
46.9A,
Code
2019,
is
amended
to
read
as
27
follows:
28
46.9A
Notice
preceding
nomination
of
elective
district
29
judicial
nominating
commissioners.
30
At
least
sixty
days
prior
to
the
expiration
of
the
term
of
an
31
elective
state
or
district
judicial
nominating
commissioner
or
32
the
expiration
of
the
period
within
which
a
special
election
33
must
be
held
,
the
state
court
administrator
shall
mail
paper
34
ballots
to
eligible
attorneys
or
electronically
notify
and
35
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enable
eligible
attorneys
to
vote.
An
eligible
attorney
is
1
a
member
of
the
bar
whose
name
appears
on
the
certified
list
2
prepared
pursuant
to
section
46.8
for
the
district
or
districts
3
affected
provide
notice
of
the
current
or
upcoming
vacancy
4
and
the
nomination
and
election
process
by
making
the
notice
5
publicly
available
on
the
judicial
branch
internet
site,
6
issuing
a
press
release,
and
electronically
notifying
members
7
of
the
bar.
The
election
shall
not
commence
until
at
least
8
thirty
days
after
the
issuance
of
the
notice
required
by
this
9
section
.
10
Sec.
15.
Section
46.10,
Code
2019,
is
amended
to
read
as
11
follows:
12
46.10
Nomination
of
elective
district
judicial
nominating
13
commissioners.
14
1.
In
order
to
have
an
eligible
elector’s
name
printed
15
on
the
ballot
for
state
or
district
judicial
nominating
16
commissioner,
the
eligible
elector
must
file
in
the
office
of
17
the
state
court
administrator
at
least
thirty
days
prior
to
18
expiration
of
the
period
within
which
the
election
must
be
19
held
a
nominating
petition
signed
by
at
least
fifty
resident
20
members
of
the
bar
of
the
congressional
district
in
case
of
a
21
candidate
for
state
judicial
nominating
commissioner,
or
at
22
least
ten
resident
members
of
the
bar
eligible
electors
of
the
23
judicial
district
in
case
of
a
candidate
for
district
judicial
24
nominating
commissioner
.
No
member
of
the
bar
may
sign
more
25
nominating
petitions
for
state
or
district
judicial
nominating
26
commissioner
than
there
are
such
commissioners
to
be
elected.
27
2.
Ballots
or
electronic
voting
forms
for
state
and
district
28
judicial
nominating
commissioners
shall
contain
blank
lines
29
equal
to
the
number
of
such
commissioners
to
be
elected,
where
30
names
may
be
written
in.
Any
electronic
voting
form
must
31
permit
a
voter
to
write
in
the
name
of
any
eligible
elector.
32
Sec.
16.
Section
46.11,
Code
2019,
is
amended
to
read
as
33
follows:
34
46.11
Certification
of
commissioners.
35
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237
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237
The
Upon
making
an
appointment,
the
governor
and
the
1
state
court
administrator
respectively
,
the
supreme
court,
2
or
legislative
leader
shall
promptly
certify
the
names
and
3
addresses
of
appointive
and
elective
judicial
nominating
4
commissioners
to
the
state
commissioner
of
elections
and
5
the
chairperson
of
the
respective
nominating
commissions
6
governor
.
Upon
the
completion
of
an
election,
the
state
7
court
administrator
shall
certify
the
names
and
addresses
of
8
the
elected
judicial
nominating
commissioners
to
the
state
9
commissioner
of
elections
and
the
governor.
10
Sec.
17.
Section
46.12,
subsection
1,
Code
2019,
is
amended
11
to
read
as
follows:
12
1.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
13
twenty
days
in
the
supreme
court,
the
court
of
appeals,
or
14
district
court,
the
state
commissioner
of
elections
shall
15
forthwith
so
notify
the
chairperson
of
the
proper
judicial
16
nominating
commission
governor
.
The
chairperson
governor
shall
17
call
a
meeting
of
the
proper
judicial
nominating
commission
18
within
ten
days
after
such
notice;
if
the
chairperson
governor
19
fails
to
do
so,
the
chief
justice
shall
call
such
meeting.
20
Sec.
18.
Section
46.13,
Code
2019,
is
amended
to
read
as
21
follows:
22
46.13
Notice
of
meetings
and
application
process
.
23
1.
The
governor
or
chairperson
of
each
judicial
nominating
24
commission
shall
give
the
members
of
the
commission
at
least
25
five
days’
written
notice
by
mail
or
electronic
mail
of
the
26
time
and
place
of
every
meeting,
except
as
to
members
who
27
execute
written
waivers
of
notice
at
or
before
the
meeting
or
28
unless
the
commission
at
its
next
previous
meeting
designated
29
the
time
and
place
of
the
meeting.
30
2.
Each
commission,
with
the
technical
support
of
the
31
judicial
branch,
shall
publish
all
of
the
following
on
the
32
judicial
branch
website:
33
a.
Notice
that
the
commission
is
accepting
applications
34
for
judge
or
justice
along
with
a
copy
of
the
application
form
35
-14-
SF
237
(3)
88
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14/
29
S.F.
237
at
least
two
weeks
before
applications
are
required
to
be
1
submitted
to
the
commission.
2
b.
Copies
of
nonconfidential
application
materials
submitted
3
by
applicants.
4
c.
The
schedule
of
applicant
interviews
before
the
5
commission.
6
d.
The
list
of
nominees
submitted
by
the
commission
to
the
7
governor
and
the
chief
justice.
8
3.
Commissioners
shall
be
permitted
to
conduct
individual
9
interviews
with
applicants
in
advance
of
the
commission’s
10
meetings
to
choose
the
nominees.
11
4.
The
state
judicial
nominating
commission
shall
adopt
12
uniform
rules
for
the
state
and
district
judicial
nominating
13
commissions
that
shall
be
consistent
with
this
chapter
14
and
shall
provide
for
a
uniform
and
fair
process
for
the
15
commissions
to
consider
applicants
and
select
nominees.
The
16
state
judicial
nominating
commission
shall
provide
for
a
public
17
comment
period
of
at
least
thirty
days
on
its
proposed
uniform
18
rules
prior
to
adopting
the
rules
and
shall
adopt
the
rules
19
within
six
months
of
the
effective
date
of
this
Act.
Such
20
rules
shall
be
made
publicly
available
on
the
judicial
branch
21
internet
site.
22
Sec.
19.
Section
46.14,
subsection
1,
Code
2019,
is
amended
23
to
read
as
follows:
24
1.
Each
judicial
nominating
commission
shall
carefully
25
consider
the
individuals
available
for
judge,
and
within
sixty
26
days
after
receiving
notice
of
a
vacancy
shall
certify
to
the
27
governor
and
the
chief
justice
the
proper
number
of
nominees,
28
in
alphabetical
order.
Such
nominees
shall
be
chosen
by
the
29
affirmative
vote
of
a
majority
of
the
full
statutory
number
30
of
commissioners
upon
the
basis
of
their
qualifications
and
31
without
regard
to
political
affiliation.
Nominees
shall
be
32
members
of
the
bar
of
Iowa,
shall
be
residents
of
the
state
or
33
district
of
the
court
to
which
they
are
nominated
,
and
shall
34
be
of
such
age
that
they
will
be
able
to
serve
an
initial
and
35
-15-
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237
(3)
88
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15/
29
S.F.
237
one
regular
term
of
office
to
which
they
are
nominated
before
1
reaching
the
age
of
seventy-two
years.
Nominees
for
district
2
judge
shall
file
a
certified
application
form,
to
be
provided
3
by
the
supreme
court,
with
the
chairperson
of
the
district
4
judicial
nominating
commission.
Nominees
to
the
district
court
5
must
reside
in
the
judicial
election
district
to
which
they
6
are
nominated
or
in
another
judicial
election
district
in
the
7
same
judicial
district
as
the
judicial
election
district
to
8
which
they
are
nominated.
Absence
of
a
commissioner
or
vacancy
9
upon
the
commission
shall
not
invalidate
a
nomination.
The
10
chairperson
of
the
commission
shall
promptly
certify
the
names
11
of
the
nominees,
in
alphabetical
order,
to
the
governor
and
the
12
chief
justice
by
sending
by
electronic
mail
the
certification
13
to
the
governor
and
chief
justice
or
their
designees
on
the
day
14
of
nomination
.
15
Sec.
20.
Section
46.14A,
Code
2019,
is
amended
to
read
as
16
follows:
17
46.14A
Court
of
appeals
——
nominees.
18
Vacancies
in
the
court
of
appeals
shall
be
filled
by
19
appointment
by
the
governor
from
a
list
of
nominees
submitted
20
by
the
state
judicial
nominating
commission.
Three
Five
21
nominees
shall
be
submitted
for
each
vacancy.
Nominees
to
the
22
court
of
appeals
shall
have
the
qualifications
prescribed
for
23
nominees
to
the
supreme
court.
24
Sec.
21.
Section
602.6201,
subsection
2,
Code
2019,
is
25
amended
to
read
as
follows:
26
2.
A
district
judge
must
be
a
resident
of
the
judicial
27
election
district
in
which
appointed
and
retained
before
28
assuming
office
and
during
the
entire
term
of
office
.
Subject
29
to
the
provision
for
reassignment
of
judges
under
section
30
602.6108
,
a
district
judge
shall
serve
in
the
district
of
the
31
judge’s
residence
while
in
office,
regardless
of
the
number
of
32
judgeships
to
which
the
district
is
entitled
under
the
formula
33
prescribed
by
the
supreme
court
in
subsection
3
.
34
Sec.
22.
NEW
SECTION
.
46.15A
Severability
and
judicial
35
-16-
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237
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29
S.F.
237
review.
1
1.
If
any
provision
or
clause
of
this
chapter
or
any
2
application
of
this
chapter
to
any
person
or
circumstances
3
is
held
invalid,
such
invalidity
shall
not
affect
other
4
provisions,
clauses,
or
applications
of
this
chapter
which
can
5
be
given
effect
without
the
invalid
provision
or
application,
6
and
to
this
end
the
provisions
and
clauses
of
this
chapter
are
7
declared
to
be
severable.
8
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
if
9
section
46.2A,
subsection
2,
as
amended
by
this
Act,
is
held
10
invalid,
the
appointed
and
elected
commissioners
currently
11
serving
six-year
terms
on
the
state
judicial
nominating
12
commission
on
the
effective
date
of
this
Act
shall
continue
to
13
serve
until
the
expiration
of
their
six-year
terms,
in
addition
14
to
the
new
members
appointed
pursuant
to
section
46.2A,
as
15
amended
by
this
Act.
Upon
the
expiration
of
the
currently
16
serving
commissioners
or
upon
their
office
becoming
vacant
17
prior
to
the
expiration
of
their
terms,
the
offices
shall
not
18
be
filled.
19
3.
Notwithstanding
any
provision
of
law
to
the
contrary,
20
if
any
provision
of
this
chapter
is
preliminarily
enjoined,
21
no
judicial
nominating
commission
shall
meet
to
nominate
22
persons
to
serve
as
a
judge
or
justice
while
the
preliminary
23
injunction
is
in
effect
or
while
any
appeal
of
the
preliminary
24
injunction
or
a
related
permanent
injunction
is
pending
unless
25
the
injunction
is
subsequently
stayed
or
otherwise
lifted.
26
Sec.
23.
REPEAL.
Section
602.11111,
Code
2019,
is
repealed.
27
Sec.
24.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
28
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
29
enactment.
30
DIVISION
II
31
ASSOCIATE
JUDGE
SELECTION
32
Sec.
25.
Section
602.2301,
subsection
2,
Code
2019,
is
33
amended
to
read
as
follows:
34
2.
Notwithstanding
sections
602.6304
,
602.7103B
,
and
35
-17-
SF
237
(3)
88
mo/jh/mb
17/
29
S.F.
237
633.20B
,
the
chief
justice
may
order
any
county
magistrate
1
appointing
commission
the
state
commissioner
of
elections
2
to
delay,
for
budgetary
reasons,
publicizing
the
notice
the
3
sending
of
a
notification
to
the
governor
that
a
vacancy
in
4
the
office
of
a
vacancy
for
a
district
associate
judgeship
5
judge
,
associate
juvenile
judgeship
judge
,
or
associate
probate
6
judgeship
judge
has
occurred
or
will
occur
.
7
Sec.
26.
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
12
the
governor
no
later
than
May
31
of
the
year
in
which
the
13
substitution
is
to
take
effect.
A
copy
of
the
order
shall
also
14
be
sent
to
the
state
court
administrator.
15
Sec.
27.
Section
602.6303,
subsection
2,
Code
2019,
is
16
amended
to
read
as
follows:
17
2.
An
order
of
substitution
shall
not
take
effect
unless
18
a
copy
of
the
order
is
received
by
the
chairperson
of
the
19
county
magistrate
appointing
commission
or
commissions
and
20
the
governor
no
later
than
May
31
of
the
year
in
which
the
21
substitution
is
to
take
effect.
The
order
shall
designate
the
22
county
of
appointment
for
each
magistrate.
A
copy
of
the
order
23
shall
also
be
sent
to
the
state
court
administrator.
24
Sec.
28.
Section
602.6304,
Code
2019,
is
amended
to
read
as
25
follows:
26
602.6304
Appointment
and
resignation
of
district
associate
27
judges.
28
1.
The
district
associate
judges
authorized
by
sections
29
602.6301
and
602.6302
shall
be
appointed
by
the
district
30
judges
of
the
judicial
election
district
governor
from
persons
31
nominated
by
the
county
magistrate
appointing
district
judicial
32
nominating
commission
in
the
same
manner
as
district
judges
33
under
chapter
46
.
In
the
case
of
a
district
associate
judge
34
to
be
appointed
to
more
than
one
county,
the
appointment
35
-18-
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237
(3)
88
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18/
29
S.F.
237
shall
be
from
persons
nominated
by
the
county
magistrate
1
appointing
commissions
acting
jointly
and
in
the
case
of
a
2
district
associate
judge
to
be
appointed
to
more
than
one
3
judicial
election
district
of
the
same
judicial
district,
the
4
appointment
shall
be
by
a
majority
of
the
district
judges
in
5
each
judicial
election
district.
6
2.
In
November
of
any
year
in
which
an
impending
vacancy
is
7
created
because
a
district
associate
judge
is
not
retained
in
8
office
pursuant
to
a
judicial
election,
the
county
magistrate
9
appointing
commission
shall
publicize
notice
of
the
vacancy
in
10
at
least
two
publications
in
the
official
county
newspaper.
11
The
commission
shall
accept
applications
for
consideration
12
for
nomination
as
district
associate
judge
for
a
minimum
of
13
fifteen
days
prior
to
certifying
nominations.
The
commission
14
shall
consider
the
applications
and
shall,
by
majority
vote,
15
certify
to
the
chief
judge
of
the
judicial
district
not
later
16
than
December
15
of
that
year
the
names
of
three
applicants
17
who
are
nominated
by
the
commission
for
the
vacancy.
If
there
18
are
three
or
fewer
applicants
the
commission
shall
certify
all
19
applicants
who
meet
the
statutory
qualifications.
Nominees
20
shall
be
chosen
solely
on
the
basis
of
the
qualifications
21
of
the
applicants,
and
political
affiliation
shall
not
be
22
considered.
23
3.
Within
thirty
days
after
a
county
magistrate
appointing
24
commission
receives
notification
of
an
actual
or
impending
25
vacancy
in
the
office
of
district
associate
judge,
other
than
26
a
vacancy
referred
to
in
subsection
2
,
the
commission
shall
27
certify
to
the
chief
judge
of
the
judicial
district
the
names
28
of
three
applicants
who
are
nominated
by
the
commission
for
29
the
vacancy.
The
commission
shall
publicize
notice
of
the
30
vacancy
in
at
least
two
publications
in
the
official
county
31
newspaper.
The
commission
shall
accept
applications
for
32
consideration
for
nomination
as
district
associate
judge
for
33
a
minimum
of
fifteen
days
prior
to
certifying
nominations.
34
The
commission
shall
consider
the
applications
and
shall,
by
35
-19-
SF
237
(3)
88
mo/jh/mb
19/
29
S.F.
237
majority
vote,
certify
to
the
chief
judge
of
the
judicial
1
district
the
names
of
three
applicants
who
are
nominated
by
2
the
commission
for
the
vacancy.
If
there
are
three
or
fewer
3
applicants
the
commission
shall
certify
all
applicants
who
4
meet
the
statutory
qualifications.
Nominees
shall
be
chosen
5
solely
on
the
basis
of
the
qualifications
of
the
applicants,
6
and
political
affiliation
shall
not
be
considered.
As
used
in
7
this
subsection
,
a
vacancy
is
created
by
the
death,
retirement,
8
resignation,
or
removal
of
a
district
associate
judge,
or
by
an
9
increase
in
the
number
of
positions
authorized.
10
4.
Within
fifteen
days
after
the
chief
judge
of
a
judicial
11
district
has
received
the
list
of
nominees
to
fill
a
vacancy
in
12
the
office
of
district
associate
judge,
the
district
judges
in
13
the
judicial
election
district
shall,
by
majority
vote,
appoint
14
one
of
those
nominees
to
fill
the
vacancy.
15
5.
2.
A
district
associate
judge
who
seeks
to
resign
16
from
the
office
of
district
associate
judge
shall
notify
in
17
writing
the
governor,
the
chief
judge
of
the
judicial
district
,
18
and
the
state
commissioner
of
elections
as
to
the
district
19
associate
judge’s
intention
to
resign
and
the
effective
date
20
of
the
resignation.
The
chief
judge
of
the
judicial
district,
21
upon
receipt
of
the
notice,
shall
notify
the
county
magistrate
22
appointing
commission
and
the
state
court
administrator
of
the
23
actual
or
impending
vacancy
in
the
office
of
district
associate
24
judge
due
to
resignation.
25
6.
The
supreme
court
may
prescribe
rules
of
procedure
26
to
be
used
by
county
magistrate
appointing
commissions
when
27
exercising
the
duties
specified
in
this
section
.
28
3.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
29
twenty
days
in
the
office
of
district
associate
judge,
the
30
state
commissioner
of
elections
shall
forthwith
so
notify
the
31
governor.
The
governor
shall
call
a
meeting
of
the
commission
32
within
ten
days
after
such
notice.
If
the
governor
fails
to
do
33
so,
the
chief
justice
shall
call
such
meeting.
34
Sec.
29.
Section
602.6305,
subsections
2
and
3,
Code
2019,
35
-20-
SF
237
(3)
88
mo/jh/mb
20/
29
S.F.
237
are
amended
to
read
as
follows:
1
2.
A
person
does
not
qualify
for
appointment
to
the
office
2
of
district
associate
judge
unless
the
person
is
at
the
time
3
of
appointment
a
resident
of
the
judicial
election
district
in
4
which
the
vacancy
exists,
licensed
to
practice
law
in
Iowa,
5
and
will
be
able,
measured
by
the
person’s
age
at
the
time
of
6
appointment,
to
complete
the
initial
term
of
office
prior
to
7
reaching
age
seventy-two.
An
applicant
for
district
associate
8
judge
shall
file
a
certified
application
form,
to
be
provided
9
by
the
supreme
court,
with
the
chairperson
of
the
county
10
magistrate
appointing
commission.
Nominees
to
the
office
of
11
district
associate
judge
must
reside
in
the
judicial
election
12
district
to
which
they
are
nominated
or
in
another
judicial
13
election
district
in
the
same
judicial
district
as
the
judicial
14
election
district
to
which
they
are
nominated.
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.
30.
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
-21-
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29
S.F.
237
father,
mother,
stepfather,
stepmother,
stepson,
stepdaughter,
1
stepbrother,
stepsister,
half
brother,
or
half
sister.
2
Sec.
31.
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
-22-
SF
237
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29
S.F.
237
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
-23-
SF
237
(3)
88
mo/jh/mb
23/
29
S.F.
237
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
so
9
notify
the
governor.
The
governor
shall
call
a
meeting
of
the
10
commission
within
ten
days
after
such
notice.
If
the
governor
11
fails
to
do
so,
the
chief
justice
shall
call
such
meeting.
12
Sec.
32.
Section
602.7103C,
subsections
2
and
3,
Code
2019,
13
are
amended
to
read
as
follows:
14
2.
A
person
does
not
qualify
for
appointment
to
the
office
15
of
full-time
associate
juvenile
judge
unless
the
person
is
at
16
the
time
of
appointment
a
resident
of
the
county
in
which
the
17
vacancy
exists,
licensed
to
practice
law
in
Iowa,
and
will
be
18
able,
measured
by
the
person’s
age
at
the
time
of
appointment,
19
to
complete
the
initial
term
of
office
prior
to
reaching
age
20
seventy-two.
An
applicant
for
full-time
associate
juvenile
21
judge
shall
file
a
certified
application
form,
to
be
provided
22
by
the
supreme
court,
with
the
chairperson
of
the
county
23
magistrate
appointing
commission.
Nominees
to
the
office
of
24
full-time
associate
juvenile
judge
must
reside
in
the
judicial
25
election
district
to
which
they
are
nominated
or
in
another
26
judicial
election
district
in
the
same
judicial
district
as
the
27
judicial
election
district
to
which
they
are
nominated.
28
3.
A
full-time
associate
juvenile
judge
must
be
a
resident
29
of
a
county
the
judicial
election
district
in
which
the
office
30
is
held
before
assuming
office
and
during
the
entire
term
of
31
office.
A
full-time
associate
juvenile
judge
shall
serve
32
within
the
judicial
district
in
which
appointed,
as
directed
by
33
the
chief
judge,
and
is
subject
to
reassignment
under
section
34
602.6108
.
35
-24-
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237
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29
S.F.
237
Sec.
33.
Section
633.20B,
Code
2019,
is
amended
to
read
as
1
follows:
2
633.20B
Appointment
and
resignation
of
full-time
associate
3
probate
judges.
4
1.
Full-time
associate
probate
judges
shall
be
appointed
by
5
the
district
judges
of
the
judicial
election
district
governor
6
from
persons
nominated
by
the
county
magistrate
appointing
7
district
judicial
nominating
commission
in
the
same
manner
as
8
district
judges
under
chapter
46
.
In
the
case
of
a
full-time
9
associate
probate
judge
to
be
appointed
to
more
than
one
10
county,
the
appointment
shall
be
from
persons
nominated
by
11
the
county
magistrate
appointing
commissions
acting
jointly
12
and
in
the
case
of
a
full-time
associate
probate
judge
to
be
13
appointed
to
more
than
one
judicial
election
district
of
the
14
same
judicial
district,
the
appointment
shall
be
by
a
majority
15
of
the
district
judges
in
each
judicial
election
district.
16
2.
In
November
of
any
year
in
which
an
impending
vacancy
17
is
created
because
a
full-time
associate
probate
judge
is
18
not
retained
in
office
pursuant
to
a
judicial
election,
the
19
county
magistrate
appointing
commission
shall
publicize
notice
20
of
the
vacancy
in
at
least
two
publications
in
the
official
21
county
newspaper.
The
commission
shall
accept
applications
22
for
consideration
for
nomination
as
full-time
associate
23
probate
judge
for
a
minimum
of
fifteen
days
prior
to
certifying
24
nominations.
The
commission
shall
consider
the
applications
25
and
shall,
by
majority
vote,
certify
to
the
chief
judge
of
the
26
judicial
district
not
later
than
December
15
of
that
year
the
27
names
of
three
applicants
who
are
nominated
by
the
commission
28
for
the
vacancy.
If
there
are
three
or
fewer
applicants,
the
29
commission
shall
certify
all
applicants
who
meet
the
statutory
30
qualifications.
Nominees
shall
be
chosen
solely
on
the
31
basis
of
the
qualifications
of
the
applicants,
and
political
32
affiliation
shall
not
be
considered.
33
3.
Within
thirty
days
after
a
county
magistrate
appointing
34
commission
receives
notification
of
an
actual
or
impending
35
-25-
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237
(3)
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29
S.F.
237
vacancy
in
the
office
of
full-time
associate
probate
judge,
1
other
than
a
vacancy
referred
to
in
subsection
2
,
the
2
commission
shall
certify
to
the
chief
judge
of
the
judicial
3
district
the
names
of
three
applicants
who
are
nominated
4
by
the
commission
for
the
vacancy.
The
commission
shall
5
publicize
notice
of
the
vacancy
in
at
least
two
publications
6
in
the
official
county
newspaper.
The
commission
shall
accept
7
applications
for
consideration
for
nomination
as
full-time
8
associate
probate
judge
for
a
minimum
of
fifteen
days
prior
9
to
certifying
nominations.
The
commission
shall
consider
the
10
applications
and
shall,
by
majority
vote,
certify
to
the
chief
11
judge
of
the
judicial
district
the
names
of
three
applicants
12
who
are
nominated
by
the
commission
for
the
vacancy.
If
there
13
are
three
or
fewer
applicants,
the
commission
shall
certify
all
14
applicants
who
meet
the
statutory
qualifications.
Nominees
15
shall
be
chosen
solely
on
the
basis
of
the
qualifications
16
of
the
applicants,
and
political
affiliation
shall
not
be
17
considered.
As
used
in
this
subsection
,
a
vacancy
is
created
18
by
the
death,
retirement,
resignation,
or
removal
of
a
19
full-time
associate
probate
judge,
or
by
an
increase
in
the
20
number
of
positions
authorized.
21
4.
Within
fifteen
days
after
the
chief
judge
of
a
judicial
22
district
has
received
the
list
of
nominees
to
fill
a
vacancy
in
23
the
office
of
full-time
associate
probate
judge,
the
district
24
judges
in
the
judicial
election
district
shall,
by
majority
25
vote,
appoint
one
of
those
nominees
to
fill
the
vacancy.
26
5.
2.
A
full-time
associate
probate
judge
who
seeks
to
27
resign
from
the
office
of
full-time
associate
probate
judge
28
shall
notify
in
writing
the
governor,
the
chief
judge
of
the
29
judicial
district
,
and
the
state
commissioner
of
elections
as
30
to
the
full-time
associate
probate
judge’s
intention
to
resign
31
and
the
effective
date
of
the
resignation.
The
chief
judge
of
32
the
judicial
district,
upon
receipt
of
the
notice,
shall
notify
33
the
county
magistrate
appointing
commission
and
the
state
court
34
administrator
of
the
actual
or
impending
vacancy
in
the
office
35
-26-
SF
237
(3)
88
mo/jh/mb
26/
29
S.F.
237
of
full-time
associate
probate
judge
due
to
resignation.
1
6.
The
supreme
court
may
prescribe
rules
of
procedure
2
to
be
used
by
county
magistrate
appointing
commissions
when
3
exercising
the
duties
specified
in
this
section
.
4
3.
When
a
vacancy
occurs
or
will
occur
within
one
hundred
5
twenty
days
in
the
office
of
full-time
associate
probate
6
judge,
the
state
commissioner
of
elections
shall
forthwith
so
7
notify
the
governor.
The
governor
shall
call
a
meeting
of
the
8
commission
within
ten
days
after
such
notice.
If
the
governor
9
fails
to
do
so,
the
chief
justice
shall
call
such
meeting.
10
Sec.
34.
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.
Nominees
to
the
office
of
22
full-time
associate
probate
judge
must
reside
in
the
judicial
23
election
district
to
which
they
are
nominated
or
in
another
24
judicial
election
district
in
the
same
judicial
district
as
the
25
judicial
election
district
to
which
they
are
nominated.
26
3.
A
full-time
associate
probate
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
probate
judge
shall
serve
within
30
the
judicial
district
in
which
appointed,
as
directed
by
the
31
chief
judge,
and
is
subject
to
reassignment
under
section
32
602.6108
.
33
Sec.
35.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
34
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
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S.F.
237
enactment.
1
DIVISION
III
2
CHIEF
JUSTICE
SELECTION
3
Sec.
36.
Section
602.4103,
Code
2019,
is
amended
to
read
as
4
follows:
5
602.4103
Chief
justice.
6
The
justices
of
the
supreme
court
shall
select
one
justice
as
7
chief
justice,
to
serve
during
that
justice’s
term
of
office.
8
1.
At
the
first
meeting
in
each
odd-numbered
year,
the
9
justices
of
the
supreme
court
by
majority
vote
shall
designate
10
one
justice
as
chief
justice,
to
serve
for
a
two-year
term.
11
A
vacancy
in
the
office
of
chief
justice
shall
be
filled
for
12
the
remainder
of
the
unexpired
term
by
majority
vote
of
the
13
justices
of
the
supreme
court,
after
any
vacancy
on
the
court
14
has
been
filled.
15
2.
If
the
chief
justice
desires
to
be
relieved
of
the
duties
16
of
chief
justice
while
retaining
the
status
of
justice
of
the
17
supreme
court,
the
chief
justice
shall
notify
the
governor
and
18
the
other
justices
of
the
supreme
court.
The
office
of
chief
19
justice
shall
be
deemed
vacant,
and
shall
be
filled
as
provided
20
in
this
section.
21
3.
The
chief
justice
is
eligible
for
reselection.
22
4.
The
chief
justice
shall
appoint
one
of
the
other
justices
23
to
act
during
the
absence
or
inability
of
the
chief
justice
24
to
act,
and
when
so
acting
the
appointee
has
all
the
rights,
25
duties,
and
powers
of
the
chief
justice.
26
Sec.
37.
NEW
SECTION
.
602.4103A
Transition
provisions.
27
1.
The
term
of
the
chief
justice
serving
on
the
effective
28
date
of
this
Act
shall
expire
on
January
15,
2021,
or
upon
the
29
conclusion
of
the
first
meeting
of
the
justices
of
the
supreme
30
court
in
January
2021,
whichever
occurs
earlier.
31
2.
If
the
office
of
chief
justice
becomes
vacant
prior
to
32
the
expiration
of
the
term
in
January
2021,
the
office
shall
be
33
filled
for
the
remainder
of
the
unexpired
term
as
provided
for
34
in
section
602.4103.
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