Relating to judicial selection, including the nominees to the court of appeals, and the appointments, resignations, and residency requirements of district judges, district associate judges, associate juvenile judges, and associate probate judges

Under current law, the state judicial nominating commission submits three nominees for a vacant court of appeals position. The bill provides that five nominees shall be submitted for each vacancy. Under current law, a district judge, a full-time 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 appointed. The bill provides that a district judge must be a resident of the judicial election district or a county contiguous with the judicial election district before assuming office and must be a resident of the judicial election office during the entire term. The bill provides that a full-time associate judge, a full-time associate juvenile judge, and a full-time associate probate judge must be a resident of the judicial election district before assuming office and during the entire term of office. Under current law, district associate judges, full-time associate juvenile judges, and full-time associate probate judges are 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 shall be 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 provides that a district associate judge, full-time associate juvenile judge, or full-time associate probate judge who seeks to resign shall notify in writing the governor, chief judge of the judicial district, and state commissioner of elections as to the district associate judge’s, associate full-time juvenile judge’s, or associate full-time probate judge’s intention to resign and the effective date of the resignation. When a vacancy occurs or will occur within 120 days in the office of the district associate judge, associate full-time juvenile judge, and associate full-time probate judge, the state commissioner of elections shall notify the governor. 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 such meeting. The bill provides that a person does not qualify for appointment to the office of district associate judge, associate full-time juvenile judge, or associate full-time probate judge unless the person is at the time of appointment licensed to practice law in Iowa, and will be able, measured by the person’s age at the time of appointment, to complete the initial term of office prior to reaching age 72. Nominees 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. Under current law, a member of a county magistrate appointing commission shall not be appointed to the office of magistrate, district associate judge, office of associate juvenile judge, or office of associate probate judge. The bill provides that a member of a county magistrate appointing commission shall not be appointed to the office of magistrate but may be nominated for or appointed to the office of district associate judge, office of associate juvenile judge, or office of associate probate judge.