Iowa-2015-HF260-Introduced
House File 260 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 43)
A BILL FOR
1 An Act relating to the nomination and qualifications of
2 district judges.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 46.14, subsection 1, Code 2015, is
1 2 amended to read as follows:
1 3 1. Each judicial nominating commission shall carefully
1 4 consider the individuals available for judge, and within sixty
1 5 days after receiving notice of a vacancy shall certify to the
1 6 governor and the chief justice the proper number of nominees,
1 7 in alphabetical order. Such nominees shall be chosen by the
1 8 affirmative vote of a majority of the full statutory number
1 9 of commissioners upon the basis of their qualifications and
1 10 without regard to political affiliation. Nominees shall be
1 11 members of the bar of Iowa, shall be residents of the state or
1 12 district of the court to which they are nominated, and shall
1 13 be of such age that they will be able to serve an initial and
1 14 one regular term of office to which they are nominated before
1 15 reaching the age of seventy=two years. Nominees for district
1 16 judge shall file a certified application form, to be provided
1 17 by the supreme court, with the chairperson of the district
1 18 judicial nominating commission. Absence of a commissioner or
1 19 vacancy upon the commission shall not invalidate a nomination.
1 20 The chairperson of the commission shall promptly certify the
1 21 names of the nominees, in alphabetical order, to the governor
1 22 and the chief justice.
1 23 Sec. 2. Section 46.14, Code 2015, is amended by adding the
1 24 following new subsection:
1 25 NEW SUBSECTION. 1A. An applicant for district judge shall
1 26 file a certified application form, to be provided by the
1 27 supreme court, with the chairperson of the district judicial
1 28 nominating commission.
1 29 Sec. 3. NEW SECTION. 46.15A District judges == residence
1 30 requirement.
1 31 A district judge appointee shall be a resident of the
1 32 judicial district before assuming office or, if the judicial
1 33 district is divided into judicial election districts, the
1 34 appointee shall be a resident of the judicial election district
1 35 to which the appointment is made before commencing judicial
2 1 duties.
2 2 Sec. 4. Section 602.6201, subsection 2, Code 2015, is
2 3 amended to read as follows:
2 4 2. A district judge must be a resident of the judicial
2 5 election district in to which appointed and retained. Subject
2 6 to the provision for reassignment of judges under section
2 7 602.6108, a district judge shall serve in the district of the
2 8 judge's residence while in office, regardless of the number of
2 9 judgeships to which the district is entitled under the formula
2 10 prescribed by the supreme court in subsection 3.
2 11 EXPLANATION
2 12 The inclusion of this explanation does not constitute agreement with
2 13 the explanation's substance by the members of the general assembly.
2 14 This bill relates to the nomination and qualifications of
2 15 district judges.
2 16 The bill separates the nomination process and qualifications
2 17 of a district judge from the nomination process and
2 18 qualifications of an appeals court judge or supreme court
2 19 justice and creates new Code subsection 46.14(1A) for the
2 20 district judge application and nomination process.
2 21 The bill also specifies that a district judge appointee
2 22 shall be a resident of the judicial district to which the
2 23 appointment is made before assuming office. If the judicial
2 24 district is divided into judicial election districts, the
2 25 bill specifies that the appointee shall be a resident of the
2 26 judicial election district to which the appointment is made
2 27 before commencing judicial duties.
2 28 The bill makes a conforming amendment to Code section
2 29 602.6201.
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