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

The governor shall appoint at least one commissioner from each congressional district, but there shall be no more than two commissioners appointed from a single congressional district unless each congressional district has at least two commissioners appointed. At least half of the commissioners appointed by the governor shall be admitted to practice law in Iowa. A commissioner who has served a full six-year term on the state judicial nominating commission, whether appointed or elected, is ineligible to be appointed to a second term. The bill further provides that no person may be appointed as a commissioner who holds an office of profit of the United States or of Iowa at the time of appointment. The bill provides that the supreme court shall, by majority vote, appoint one eligible elector to the state judicial nominating commission for a term of six years and made in the month of January for a term commencing February 1. The commissioner shall be chosen without reference to political affiliation and due consideration must be given to area representation on the commission. A person appointed to replace a commissioner in the middle of a term must be of the same gender but a person appointed to replace a commissioner upon the end of a term shall be of a different gender than the commissioner being replaced. A commissioner who has served a full six-year term on the state judicial nominating commission is ineligible to be appointed to a second six-year term. The bill provides that no commissioner shall be appointed who holds an office of profit of the United States or of Iowa at the time of appointment. Current law provides that the resident members of the bar of each congressional district shall elect an eligible elector of the district to the state judicial nominating commission.2 such that resident members of the bar shall not elect eligible electors to the state judicial nominating commission. Instead, the speaker of the house, the house minority leader, the senate majority leader, and the senate minority leader shall each appoint two eligible electors of different genders to the state judicial nominating commission. At least one of the commissioners appointed by each legislative leader shall be admitted to practice law in Iowa. The appointments by the legislative leaders are to be staggered terms of six years and made in the month of January for terms commencing February of odd-numbered years and the terms of no more than four nor less than two of the commissioners shall expire within the same two-year period. The bill states that no legislative leader shall make an appointment that results in two commissioners serving from the same congressional district who were appointed by a leader of the same party in the same chamber. An appointment made to replace a commissioner, whether in the middle of a term or upon the expiration of the term, shall be made by the person holding the same legislative leadership position that made the original appointment. A commissioner who has served a full six-year term is ineligible to be appointed to a second six-year term and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment. on that date. on the day after the effective date of the bill. The initial terms of the commissioners appointed by the governor are as follows: for the first district, there is a male commissioner with a term expiring on January 31, 2021, and a female commissioner with a term expiring on January 31, 2025; for the second district, there is a female commissioner with a term expiring on January 31, 2021, and a male commissioner with a term expiring on January 31, 2023; for the third district, there is a female commissioner with a term expiring on January 31, 2023, and a male commissioner with a term expiring on January 31, 2025; and for the fourth district, there is a male commissioner with a term expiring on January 31, 2021, and a female commissioner with a term expiring on January 31, 2025. The initial term of the commissioner appointed by the supreme court shall expire on January 31, 2021. The initial terms of the commissioners appointed by the legislative leaders are as follows: the speaker of the house shall appoint one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025; the house minority leader shall appoint one male commissioner with a term expiring on January 31, 2023, and one female commissioner with a term expiring on January 31, 2025; the senate majority leader shall appoint one male commissioner with a term expiring on January 31, 2021, and one female commissioner with a term expiring on January 31, 2023; and the senate minority leader shall appoint one male commissioner with a term expiring on January 31, 2021, and one female commissioner with a term expiring on January 31, 2023. After the initial terms are served, commissioners shall be appointed to six-year terms by the governor, by the supreme court, and by the legislative leaders as provided. DISTRICT JUDICIAL NOMINATING COMMISSION. The bill provides that the governor’s appointment of five eligible electors of each judicial election district to the district judicial nominating commission are to be made in the month of January for terms commencing February of odd-numbered years. All commissioners shall be chosen without reference to political affiliation and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment. The bill provides that the supreme court, by majority vote, shall appoint one eligible elector of each judicial election district to the district judicial nominating commission with such appointment to be for terms of six years and made in the month of January for terms commencing February of odd-numbered years. A person appointed to replace a commissioner in the middle of a term must be of the same gender as the commissioner being replaced, but a person appointed to replace a commissioner upon the end of a term shall be of a different gender than the commissioner being replaced. The supreme court shall give due consideration to area representation on the commission when making an appointment. A commissioner who has served a full six-year term is ineligible to be appointed to a second six-year term and no person may be appointed who holds an office of profit of the United States or of Iowa at the time of appointment. The bill provides that commissioners elected by the resident members of the bar of each judicial election district who have served a full six-year term on the district judicial nominating commission are ineligible to be elected to a second six-year term. No person may be elected who holds an office of profit of the United States or of the state at the time of appointment. The bill creates a new Code section providing for the special appointment of district judicial nominating commissioners. In judicial election districts 1A, 2A, 3A, 5A, 5C, 8A, and the seventh judicial district, the supreme court shall appoint one male commissioner with a term expiring on January 31, 2021. In judicial election districts 1B, 2B, 3B, 5B, 5C, 8B, and the fourth and sixth districts, the supreme court shall appoint one female commissioner with a term expiring on January 31, 2025. After the initial terms are served, commissioners shall be appointed to six-year terms by the supreme court as provided by the bill. The bill provides that if a district judicial nominating commission has received notice of a vacancy and has not submitted nominees to the governor prior to the effective date of the bill, any scheduled meetings are postponed until a new commissioner is appointed and a new organizational meeting is noticed. The commission may choose to continue with its currently scheduled nomination process, extend the process, or conduct a new process. In any such pending vacancy, the commission must certify to the governor and chief justice the proper number of nominees within days of the effective dates of this bill. The bill further provides changes to judicial nominating commissioner vacancies. An appointive commissioner shall be deemed to have submitted a resignation if the commissioner fails to attend a meeting of the commission that is properly noticed and at which the commission conducts interviews or selects nominees for judicial office. The appointing authority of such commissioner may accept or reject the resignation and, if accepted, the appointing authority shall notify the commissioner and the chairperson of the commission in writing and shall then make another appointment. Vacancies in the office of an elective district judicial nominating commissioner shall be filled by a special election within the judicial election district where the vacancy occurs unless the term has less than days remaining, in which case the office shall remain vacant. The special election shall be completed within days of the vacancy arising. Where there is a vacancy in the office of chairperson of a judicial nominating commission, the members of the particular commission shall elect a new chairperson or in the absence of the chairperson, the members of the particular commission shall elect a temporary chairperson.5 in complying with the new appointment procedures by the governor, supreme court, and legislative leaders. The bill also provides that appointed and elected commissioners on the state and district judicial nominating commissions shall not hold over until their successors are elected and qualified. The bill provides that the commissioners of a particular judicial nominating commission shall elect a chairperson from their own number who shall serve a two-year term and may be elected for a second or third term. If a chairperson of a judicial nominating commission desired to be relieved of the duties of chairperson while retaining the status of commissioner, the chairperson shall notify the governor and other commissioners of the commission and at the next meeting, the commissioners shall elect a new chairperson for the remainder of the term. The bill provides that to be eligible to vote in election of district judicial nominating commissioners, a member of the bar must be eligible to practice and a resident of Iowa and of the appropriate judicial election district at the time the member votes in the election. The member’s residency shall be determined by the home address shown on the member’s most recent electronic or paper submission to the commission or continuing education and the client security commission or on the member’s bar admission records. The bill provides that the election results of an election of district judicial nominating commissioners shall be made publicly available and shall be reported to the governor and to the general assembly within days after the election. The bill provides that at least days prior to the expiration of the term of an elective district judicial nominating commissioner or the expiration of the period within which a special election must be held, the state court administrator must provide notice of the current or upcoming vacancy and the nomination and election process by making the notice publicly available and notifying members of the bar. The election shall not commence until at least days after the issuance of the notice. The bill provides that for an elector to have his or her name printed on the ballot for district judicial nominating commissioner, the elector must file, at least days prior to expiration of the period within which the election must be held a nominating petition signed by at least eligible electors of the judicial district. The bill provides that the governor, the supreme court, and the legislative leaders shall promptly certify the names and addresses of appointive judicial nominating commissioners to the state commissioner of elections and the governor. Upon completion of an election, the state court administrator shall certify the names and addresses of the elected judicial nominating commissioners to the state commissioner of elections and governor. The bill provides that if a chairperson fails to call a meeting of the commission within days after notice of a vacancy, that the governor shall call a meeting, and if the governor fails to do so, the chief justice shall call such meeting. The bill provides that each judicial nominating commission shall publish on the judicial branch website all of the following: notice that the commission is accepting applications along with a copy of the application form at least two weeks before applications are required to be submitted; copies of nonconfidential application materials submitted by applications; the schedule of applicants’ interviews before the commission; and the list of nominees submitted by the commission to the governor and the chief justice. The bill further provides that commissioners shall be permitted to conduct individual interviews with applicants in advance of the commission’s meetings to choose the nominees. The bill requires the state judicial nominating commission to adopt uniform rules for the state and district judicial nominating commissions that shall provide for a uniform and fair process for the commissions to consider applications and select nominees. The state judicial nominating commission shall provide for a public comment period on its proposed rules and such rules shall be made publicly available. The bill modifies the nomination requirements of individual judge vacancies by requiring nominees to be residents of the state whereas current law requires nominees to be residents of the state or the district of the court to which they are nominated. Under the bill, nominees to the district court must reside in the judicial election district which the are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated. Under the bill, nominees are also not required to file a certified application form with the chairperson of the district judicial nominating commission. The bill further requires that the chairperson of the commission certify the names of the nominees to the governor and chief justice by sending by electronic mail the certification to the governor and chief justice on the day of nomination. The bill amends the number of nominees to be submitted by the state judicial nominating commission to the governor for vacancies in the court of appeals from three to five. Current law requires a district judge to be a resident of the judicial election district in which appointed and retained. The bill provides that a district judge must be a resident of the judicial election district in which appointed before assuming office and during the entire term of office. The bill provides that if any provision, clause, or application of Code chapter is held invalid, such invalidity shall not affect other provisions, clauses, or application of Code chapter that can be given effect.2A. Upon the expiration of the currently serving commissioners or upon their office becoming vacant prior to the expiration of their terms, the offices shall not be filled. If any provision of Code chapter is preliminarily enjoined, no judicial nominating commission shall meet to nominate persons to serve as a judge or justice while the injunction is in effect or while any appeal of the injunction is pending unless the injunction is subsequently stayed or otherwise lifted.11111, which provided for transition provisions for the membership of district judicial nominating commissions for judicial election districts 5A and 5C after the fifth judicial district was split into judicial election districts in 1985. Division I of the bill takes effect upon enactment. DIVISION II —— ASSOCIATE JUDGE SELECTION. The bill provides that the chief justice may order the state commissioner of elections to delay the sending of a notification to the governor that a vacancy in the office of district associate judge, associate juvenile judge, or associate probate judge has occurred or will occur. Under the bill, where a chief judge designates by order of substitution that a district associate judge be appointed in lieu of a magistrate judge or where the chief judge designates by order of substitution that three magistrates be appointed in lieu of the appointment of a district associate judge, the order of substitution does not take effect unless a copy of said order is received by the chairperson of the county magistrate appointing commission or commissions and the governor. Current law provides that district associate judges, full-time associate juvenile judges, and full-time associate probate judges are to be appointed by the district judges of the judicial election district from persons nominated by the county magistrate appointing commission. The bill provides that district associate judges, full-time associate juvenile judges, and full-time associate probate judges are appointed by the governor from persons nominated by the district judicial nominating commission in the same manner as district judges under Code chapter 46. The bill further provides that a district associate judge, a full-time associate juvenile judge, or a full-time associate probate judge who seeks to resign from said position shall notify the governor, the chief judge of the judicial district, and the state commissioner of elections. When a vacancy occurs, the state commissioner of elections shall forthwith so notify the governor, and the governor shall call a meeting of the commission within days after such notice. If the governor fails to do so, the chief justice shall call the meeting. Current law provides that a person does not qualify for appointment to the office of district associate judge, full-time associate juvenile judge, or full-time associate probate judge unless the person is at the time of appointment a resident of the judicial election district in the case of a district associate judge, or the county in the case of an associate juvenile or probate judge, in which the vacancy exists. The bill strikes this requirement and provides that nominees to the office of district associate judge, nominees to the office of full-time associate juvenile judge, and nominees to the office of full-time associate probate judge must reside in the judicial election district to which they are nominated or in another judicial election district in the same judicial district as the judicial election district to which they are nominated. The bill also provides that an applicant for district associate judge, full-time associate juvenile judge, or full-time associate probate judge need not file a certified application form. The bill provides that a district associate judge, a full-time associate juvenile judge, and a full-time associate probate judge must be a resident of the judicial election district in which the office is held before assuming office and during the entire term of office. Division II of the bill takes effect upon enactment. DIVISION III —— CHIEF JUSTICE SELECTION. Current law provides that the justices of the supreme court shall select one justice as chief justice who is to serve during that justice’s term of office. The bill strikes that provision and provides that at the first meeting in each odd-numbered year, the justices of the supreme court by majority vote shall designate one justice as chief justice, to serve for a two-year term. A vacancy will be filled for the remainder of the unexpired term by a majority vote of the justices of the supreme court, after any vacancy on the court has been filled. If the chief justice desires to be relieved of the duties of chief justice while retaining the status of justice of the supreme court, the chief justice shall notify the governor and the other justices of the supreme court and the office of chief justice shall be deemed vacant and filled as provided. The bill creates a new Code section for the transition period and provides that the term of the chief justice serving on the effective date of the bill will expire on January 15, 2021, or upon the conclusion of the first meeting of the justices of the supreme court in January 2021, whichever occurs earlier.4103.