Iowa-2017-HJR6-Introduced
House Joint Resolution 6 - Introduced
HOUSE JOINT RESOLUTION
BY SALMON
HOUSE JOINT RESOLUTION
1 A Joint Resolution proposing amendments to the Constitution
2 of the State of Iowa relating to the appointment and
3 jurisdiction of judicial officers.
4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1143YH (11) 87
jm/rj
PAG LIN
1 1 Section 1. The following amendment to the Constitution of
1 2 the State of Iowa is proposed:
1 3 1. Section 1 of Article V of the Constitution of the State
1 4 of Iowa is amended, beginning January 1, 2021, to read as
1 5 follows:
1 6 Courts.SECTION. 1. The judicial power shall be vested in
1 7 a supreme court, court of appeals, district courts, and such
1 8 other courts, inferior to the supreme court, as the general
1 9 assembly may, from time to time, establish.
1 10 2. Article V of the Constitution of the State of Iowa is
1 11 amended by adding the following new section:
1 12 Court of appeals.SEC. 2A. The court of appeals shall
1 13 consist of three judges, two of whom shall constitute a quorum
1 14 to hold court.
1 15 3. Article V of the Constitution of the State of Iowa is
1 16 amended by adding the following new section:
1 17 Jurisdiction of court of appeals.SEC. 4A. The court of
1 18 appeals shall have appellate jurisdiction only in cases of
1 19 chancery, and shall constitute a court for the correction of
1 20 errors at law, under such restrictions as the general assembly
1 21 may, by law, prescribe; and shall have power to issue all writs
1 22 and process necessary to secure justice to parties. The court
1 23 of appeals shall be an inferior tribunal to the supreme court.
1 24 4. Section 7 of Article V of the Constitution of the State
1 25 of Iowa is amended to read as follows:
1 26 Conservators of the peace.SEC. 7. The judges of the
1 27 supreme court, court of appeals, and district courts shall be
1 28 conservators of the peace throughout the state.
1 29 5. Section 10 of Article V of the Constitution of the State
1 30 of Iowa, as amended by Amendment 2 of the Amendments of 1884,
1 31 is amended to read as follows:
1 32 Judicial districts.SEC. 10. The general assembly may
1 33 reorganize the judicial districts and increase or diminish the
1 34 number of districts, or the number of judges of the said court,
1 35 and may increase the number of judges of the supreme court;
2 1 and may increase the number of judges of the court of appeals;
2 2 but such increase or diminution shall not be more than one
2 3 district, or one judge of either court, at any one session,
2 4 except any increase or diminution of the number of judges of
2 5 the court of appeals shall commence at nine judges; and no
2 6 reorganization of the districts, or diminution of the number of
2 7 judges, shall have the effect of removing a judge from office.
2 8 Such reorganization of the districts, or any change in the
2 9 boundaries thereof, or increase or diminution of the number
2 10 of judges, shall take place every four years thereafter, if
2 11 necessary, and at no other time.
2 12 At any regular session of the general assembly the state may
2 13 be divided into the necessary judicial districts for district
2 14 court purposes, or the said districts may be reorganized and
2 15 the number of the districts and the judges of said courts
2 16 increased or diminished; but no reorganization of the districts
2 17 or diminution of the judges shall have the effect of removing a
2 18 judge from office.
2 19 Sec. 2. The following amendment to the Constitution of the
2 20 State of Iowa is proposed:
2 21 1. Section 15 of Article V of the Constitution of the
2 22 State of Iowa, as added by the Amendment of 1962, is repealed
2 23 beginning January 1, 2021, and the following adopted in lieu
2 24 thereof:
2 25 Vacancies in courts.SEC. 15. Vacancies in the supreme
2 26 court, court of appeals, and district court shall be filled by
2 27 appointment by the governor subject to confirmation by a simple
2 28 majority of all the members elected to the senate. A vacancy
2 29 may be filled temporarily pending confirmation.
2 30 2. Section 16 of Article V of the Constitution of the
2 31 State of Iowa, as added by the Amendment of 1962, is repealed
2 32 beginning January 1, 2021.
2 33 3. Section 17 of Article V of the Constitution of the State
2 34 of Iowa, as added by the Amendment of 1962, is amended to read
2 35 as follows:
3 1 Terms ==== judicial elections.SEC. 17. Members of all courts
3 2 shall have such tenure in office as may be fixed by law, but
3 3 terms of supreme court judges shall be not less than eight
3 4 years, terms of court of appeals judges shall not be less than
3 5 six years, and terms of district court judges shall be not
3 6 less than six years. Judges shall serve for one year after
3 7 appointment and until the first day of January following the
3 8 next judicial election after the expiration of such year.
3 9 They shall at such judicial election stand for retention in
3 10 office on a separate ballot which shall submit the question of
3 11 whether such judge shall be retained in office for the tenure
3 12 prescribed for such office and when such tenure is a term of
3 13 years, on their request, they shall, at the judicial election
3 14 next before the end of each term, stand again for retention on
3 15 such ballot. Present supreme court and district court judges,
3 16 at the expiration of their respective terms, may be retained
3 17 in office in like manner for the tenure prescribed for such
3 18 office. The general assembly shall prescribe the time for
3 19 holding judicial elections.
3 20 4. Section 18 of Article V of the Constitution of the State
3 21 of Iowa, as added by the Amendment of 1962, is amended to read
3 22 as follows:
3 23 Salaries ==== qualifications ==== retirement.SEC. 18. Judges
3 24 of the supreme court, court of appeals, and district court
3 25 shall receive salaries from the state, shall be members of
3 26 the bar of the state and shall have such other qualifications
3 27 as may be prescribed by law. Judges of the supreme court,
3 28 court of appeals, and district court shall be ineligible to
3 29 any other office of the state while serving on said court
3 30 and for two years thereafter, except that district judges of
3 31 the court of appeals and district court shall be eligible to
3 32 the office of supreme court judge. Other judicial officers
3 33 shall be selected in such manner and shall have such tenure,
3 34 compensation and other qualification as may be fixed by law.
3 35 The general assembly shall prescribe mandatory retirement for
4 1 judges of the supreme court, court of appeals, and district
4 2 court at a specified age and shall provide for adequate
4 3 retirement compensation. Retired judges may be subject to
4 4 special assignment to temporary judicial duties by the supreme
4 5 court, as provided by law.
4 6 Sec. 3. REFERRAL AND PUBLICATION. The foregoing amendments
4 7 to the Constitution of the State of Iowa are referred to the
4 8 general assembly to be chosen at the next general election
4 9 for members of the general assembly, and the secretary of
4 10 state is directed to cause the same to be published for three
4 11 consecutive months previous to the date of that election as
4 12 provided by law.
4 13 EXPLANATION
4 14 The inclusion of this explanation does not constitute agreement with
4 15 the explanation's substance by the members of the general assembly.
4 16 This joint resolution proposes two amendments to the
4 17 Constitution of the State of Iowa relating to the appointment
4 18 and jurisdiction of judicial officers.
4 19 Currently, the Iowa constitution is silent regarding the
4 20 nomination and appointment of judges of the court of appeals.
4 21 The first amendment in the resolution constitutionally
4 22 establishes the minimum number of court of appeals judges at
4 23 three judges, which is consistent with the minimum number of
4 24 constitutionally required justices of the supreme court. The
4 25 resolution also allows the general assembly to increase or
4 26 decrease the number of court of appeals judges from the current
4 27 nine judges who sit on the court of appeals.
4 28 The resolution provides that the court of appeals shall
4 29 have appellate jurisdiction only in cases of chancery and
4 30 shall constitute a court for the correction of errors at law,
4 31 under such restrictions as the general assembly may, by law,
4 32 prescribe. The resolution also specifies that the court of
4 33 appeals is an inferior tribunal to the supreme court.
4 34 The resolution provides that the judges of the court of
4 35 appeals shall be conservators of peace throughout the state.
5 1 The resolution establishes the term of a judge of the court
5 2 of appeals at six years. The term of six years is consistent
5 3 with the existing statutory law under Code section 46.16.
5 4 The resolution specifies that a court of appeals judge is
5 5 eligible to receive a salary from the state which is consistent
5 6 with other salary language applicable to a supreme court
5 7 justice or district judge. The resolution specifies that a
5 8 court of appeals judge is ineligible for any other office
5 9 of the state for at least two years after serving on the
5 10 court, except a court of appeals judge would be eligible to be
5 11 appointed to the supreme court.
5 12 The second amendment in the resolution eliminates the state
5 13 judicial nominating commission and district judicial nominating
5 14 commissions and establishes a new procedure for the appointment
5 15 of persons to the supreme court, court of appeals, and district
5 16 court. The resolution requires the governor to appoint persons
5 17 to the supreme court, court of appeals, or district court,
5 18 subject to confirmation by a simple majority of all the members
5 19 elected to the senate. The resolution specifies that a vacancy
5 20 may be filled temporarily pending confirmation.
5 21 Under the current constitution and statutes, the state
5 22 judicial nominating commission nominates persons for
5 23 appointment by the governor to the supreme court and court
5 24 of appeals and each district judicial nominating commission
5 25 nominates persons for appointment by the governor to the
5 26 district court bench.
5 27 The resolution, if adopted, would be referred to the next
5 28 general assembly (88th) for adoption a second time before the
5 29 amendment is submitted to the electorate for ratification at
5 30 the 2020 general election.
5 31 The amendment, if adopted and ratified by the electorate,
5 32 takes effect January 1, 2021.
LSB 1143YH (11) 87
jm/rj