Bill Text: IA SF327 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the membership of the state judicial nominating commission and district judicial nominating commissions and providing an effective date.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2017-03-01 - Subcommittee recommends passage. [SF327 Detail]
Download: Iowa-2017-SF327-Introduced.html
Senate File 327 - Introduced SENATE FILE BY GARRETT, SHIPLEY, COSTELLO, BEHN, ZAUN, and BERTRAND A BILL FOR 1 An Act relating to the membership of the state judicial 2 nominating commission and district judicial nominating 3 commissions and providing an effective date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1892XS (5) 87 jm/rj PAG LIN 1 1 Section 1. Section 46.1, Code 2017, is amended to read as 1 2 follows: 1 3 46.1 Appointment of state judicial nominating commissioners. 1 4TheExcept as otherwise provided in section 46.1A, the 1 5 governor shall appoint, subject to confirmation by the senate, 1 6onefour eligibleelectorelectors of each congressional 1 7 district to the state judicial nominating commission for a 1 8 six=year term beginning and ending as provided in section 1 9 69.19. The terms of no more thanthreesix nor less thantwo 1 10four of the members shall expire within the same two=year 1 11 period. No more than a simple majority of the members 1 12 appointed shall be of the same gender. The appointed members 1 13 shall be voting members. 1 14 Sec. 2. NEW SECTION. 46.1A State judicial nominating 1 15 members ==== appointment ==== transition. 1 16 1. In order to transition to sixteen appointed members for 1 17 the state judicial nominating commission and to ensure each 1 18 appointed member serves a six=year term, and future terms are 1 19 staggered, the composition of the state judicial nominating 1 20 commission shall consist of the following number of appointed 1 21 members during the following time periods: 1 22 a. At the time of appointing successors for the two 1 23 appointive terms ending on April 30, 2018, the governor shall 1 24 appoint a total of five eligible electors to the state judicial 1 25 nominating commission. The appointive membership of the state 1 26 judicial nominating commission shall then consist of eleven 1 27 appointed members from May 1, 2018, through April 30, 2020. 1 28 b. At the time of appointing successors for the three 1 29 appointive terms ending on April 30, 2020, the governor shall 1 30 appoint a total of six eligible electors to the state judicial 1 31 nominating commission. The appointive membership of the state 1 32 judicial nominating commission shall then consist of fourteen 1 33 appointed members from May 1, 2020, through April 30, 2022. 1 34 c. At the time of appointing successors for the three 1 35 appointive terms ending on April 30, 2022, the governor shall 2 1 appoint a total of four eligible electors to the state judicial 2 2 nominating commission. The appointive membership of the state 2 3 judicial nominating commission shall then consist of sixteen 2 4 appointed members from May 1, 2022, and every year thereafter. 2 5 2. To ensure geographic balance during the transition 2 6 to sixteen appointed members the governor shall first make 2 7 an appointment to the state judicial nominating commission 2 8 from the eligible electors of a congressional district with 2 9 the least number of appointed members on the commission. If 2 10 two or more congressional districts with the least number of 2 11 appointed members have equal membership the governor shall make 2 12 an appointment to break the tie and then appoint a member from 2 13 the congressional district with the least number of appointed 2 14 members on the commission. 2 15 Sec. 3. Section 46.2, Code 2017, is amended by striking the 2 16 section and inserting in lieu thereof the following: 2 17 46.2 Election of state judicial nominating commission member. 2 18 1. The resident members of the bar shall elect one 2 19 eligible elector of the state to the state judicial nominating 2 20 commission for a six=year term beginning July 1, 2021. The 2 21 members of the bar shall in January, immediately preceding the 2 22 expiration of the term, elect a successor for a like term. The 2 23 elected member shall be a nonvoting, advisory member. 2 24 2. The elected members of the state judicial nominating 2 25 commission serving on the commission as of the effective 2 26 date of this Act shall remain on the commission as nonvoting 2 27 members until their respective terms end, and no new successor 2 28 member shall be elected except as provided in subsection 3. 2 29 The voting terms of the elected members of the state judicial 2 30 nominating commission end on the effective date of this Act. 2 31 3. In January 2023, the members of the bar shall elect the 2 32 eligible elector as provided in subsection 1. 2 33 Sec. 4. Section 46.2A, Code 2017, is amended by striking the 2 34 section and inserting in lieu thereof the following: 2 35 46.2A Chairperson of the state judicial nominating 3 1 commission. 3 2 1. The justice of the supreme court who is senior in length, 3 3 other than the chief justice, shall be the chairperson of the 3 4 state judicial nominating commission. The chairperson shall 3 5 be a nonvoting advisory member of the commission unless a vote 3 6 ends in a tie, in such case the chairperson is eligible to cast 3 7 the tie=breaking vote. 3 8 2. If supreme court justices have equal length of service, 3 9 the eldest of such justices shall be the chairperson of the 3 10 state judicial nominating commission. 3 11 Sec. 5. Section 46.3, subsection 1, Code 2017, is amended 3 12 to read as follows: 3 13 1. The governor shall appoint five eligible electors of each 3 14 judicial election district to the district judicial nominating 3 15 commission. The appointed commissioners shall be voting 3 16 members. 3 17 Sec. 6. Section 46.4, Code 2017, is amended by striking the 3 18 section and inserting in lieu thereof the following: 3 19 46.4 Election of district judicial nominating commissioner. 3 20 1. The resident members of the bar of each judicial election 3 21 district shall elect one eligible elector of the district to 3 22 the district judicial nominating commission for a six=year 3 23 term beginning February 1, 2022. The members of the bar shall 3 24 in January, immediately preceding the expiration of the term, 3 25 elect a successor for a like term. The elected commissioner 3 26 shall be a nonvoting, advisory commissioner. 3 27 2. The elected commissioners of the district judicial 3 28 nominating commission serving on the commission as of the 3 29 effective date of this Act shall remain on the commission as 3 30 nonvoting members until their respective terms end, and no new 3 31 successor commissioner shall be elected except as provided in 3 32 subsection 3. The voting terms of the elected commissioners 3 33 of the district judicial nominating commission end on the 3 34 effective date of this Act. 3 35 3. In January 2022, the members of the bar shall elect the 4 1 eligible elector as provided in subsection 1. 4 2 Sec. 7. NEW SECTION. 46.4A Chairperson of district judicial 4 3 nominating commission. 4 4 1. The district judge who is senior in length shall be the 4 5 chairperson of the district judicial nominating commission. 4 6 The chairperson shall be a nonvoting, advisory member of the 4 7 commission unless a vote ends in a tie, in such case the 4 8 chairperson is eligible to cast the tie=breaking vote. 4 9 2. If district judges have equal length of service, the 4 10 eldest of such judges shall be the chairperson of the district 4 11 judicial nominating commission. 4 12 Sec. 8. REPEAL. Section 46.6, Code 2017, is repealed. 4 13 Sec. 9. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 4 14 immediate importance, takes effect upon enactment. 4 15 EXPLANATION 4 16 The inclusion of this explanation does not constitute agreement with 4 17 the explanation's substance by the members of the general assembly. 4 18 This bill relates to the membership of the state judicial 4 19 nominating commission and the district judicial nominating 4 20 commissions. 4 21 The state judicial nominating commission nominates persons 4 22 for appointment by the governor to the supreme court and the 4 23 court of appeals. The judicial district nominating commissions 4 24 nominate persons for appointment by the governor to the 4 25 district court bench as district judges. 4 26 STATE JUDICIAL NOMINATING COMMISSION. The bill specifies 4 27 that members appointed to the state judicial nominating 4 28 commission by the governor shall be voting members of the 4 29 commission and members elected to the commission by members 4 30 of the state bar shall be advisory nonvoting members of the 4 31 commission. Current law provides that both appointed and 4 32 elected members of the state judicial nominating commission are 4 33 voting members. 4 34 The bill establishes a process for transitioning the voting 4 35 membership of the state judicial nominating commission from 5 1 eight members appointed by the governor and eight members 5 2 elected by the state bar to 16 members only appointed by the 5 3 governor. 5 4 In order for the state judicial nominating commission to 5 5 transition from eight appointed members to 16 appointed members 5 6 and to ensure each appointed member serves a six=year term, 5 7 and future terms are staggered, the size of the state judicial 5 8 nominating commission shall vary during the transitional period 5 9 under the bill. Beginning with the two appointive terms 5 10 ending on April 30, 2018, the governor shall appoint five 5 11 eligible electors to the state judicial nominating commission. 5 12 The appointive membership of the state judicial nominating 5 13 commission shall then consist of 11 appointed members from May 5 14 1, 2018, through April 30, 2020. Beginning with the three 5 15 appointive terms ending on April 30, 2020, the governor shall 5 16 appoint six eligible electors to the state judicial nominating 5 17 commission. The appointive membership of the state judicial 5 18 nominating commission shall then consist of 14 appointed 5 19 members from May 1, 2020, through April 30, 2022. Beginning 5 20 with the two appointive terms ending on April 30, 2022, the 5 21 governor shall appoint four eligible electors to the state 5 22 judicial nominating commission. The appointive membership 5 23 of the state judicial nominating commission, having achieved 5 24 the required number of appointed members, shall consist of 16 5 25 appointed members after May 1, 2022, and every year thereafter. 5 26 The bill reduces the number of members of the state judicial 5 27 nominating commission elected by the resident members of 5 28 the bar from seven members to one member by July 1, 2021, 5 29 and makes all current elected members nonvoting members of 5 30 the commission. The current members of the state judicial 5 31 nominating commission shall remain on the commission until the 5 32 respective term of the member ends. The last terms of current 5 33 elected members end on June 30, 2021. When the last terms 5 34 of current elected members end, the bill provides that the 5 35 resident members of the bar shall elect one eligible elector 6 1 of the state to the state judicial nominating commission for a 6 2 six=year, nonvoting term beginning July 1, 2021, and every six 6 3 years thereafter. 6 4 DISTRICT JUDICIAL NOMINATING COMMISSIONS. The bill 6 5 specifies that members appointed to the district judicial 6 6 nominating commissions by the governor shall be voting members 6 7 of the commissions and members elected to the commission by 6 8 members of the state bar shall be advisory, nonvoting members 6 9 of the commissions. Current law provides that both appointed 6 10 and elected members of the district judicial nominating 6 11 commissions are voting members. 6 12 Under the bill, the number of commissioners appointed by the 6 13 governor to serve on a district judicial nominating commission 6 14 remains at five commissioners. 6 15 The bill reduces the number of commissioners of a district 6 16 judicial nominating commission elected by the resident members 6 17 of the bar from five members to one member by February 1, 2022, 6 18 and makes all current elected members nonvoting members of 6 19 the commission. The current members of the district judicial 6 20 nominating commission shall remain on the commission until 6 21 their respective terms end. The last term of a current 6 22 elected member ends on January 31, 2022. When the last term 6 23 of a current elected member ends, the bill provides that the 6 24 resident members of the bar shall elect one eligible elector of 6 25 the state to the district judicial nominating commission for a 6 26 six=year, nonvoting term beginning February 1, 2022, and every 6 27 six years thereafter. 6 28 CHAIRPERSON OF STATE JUDICIAL NOMINATING COMMISSION OR 6 29 DISTRICT JUDICIAL NOMINATING COMMISSION. The bill repeals Code 6 30 section 46.6 relating to judicial officers with equal seniority 6 31 serving as chairperson of the state judicial nominating 6 32 commission or a district judicial nominating commission and 6 33 moves these provisions to new Code sections 46.2A and 46.4A 6 34 respectively. 6 35 The bill makes the justice of the supreme court, who is the 7 1 chairperson of the state judicial nominating commission, a 7 2 nonvoting, advisory member of the commission unless a vote ends 7 3 in a tie, in such case the bill provides that the chairperson 7 4 is eligible to cast the tie=breaking vote. 7 5 The bill also makes the district judge, who is chairperson 7 6 of the district judicial nominating commission, a nonvoting, 7 7 advisory member of the commission unless a vote ends in a 7 8 tie, in such case, the bill provides that the chairperson is 7 9 eligible to cast the tie=breaking vote. 7 10 EFFECTIVE DATE. The bill takes effect upon enactment. LSB 1892XS (5) 87 jm/rj
