1.969] 1087 JOURNAL OF THE HOUSE Fisher of Johannes Greene Johns Flatt Johnson of Frank Audubon Freed Johnson of Fuelling Hancock Fulton Kimball Gordy Klefstad Grassley Kluever Gray Loss Lueken Greenwood Lutz Hagedorn Maggert Hall Halling Main Martin Hanson Maule Harrington McArthur Hirsch McNeal Hoth Mensing Houston The nays were, none. Absent or not voting, 6: Dodds Edgington Du1fy Jarvis Milroy Mowry Mueller Naden Naughton Nelson Nielsen Nutt Ossian Owen Patton Paul Pierce Rapson Reppert Robinson Rooney Rockwell Rusk Sersland Shaw Sickels Smith Stanley Steenhusen Stephens Stringer Summa Swisher Tabor Walter Weik Wells Wier Wilson Mr. Speaker Johnson of Fremont O'Toole The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. CONSIDERATION OF SENATE JOINT RESOLUTION 7 Senate Joint Resolution 7, a joint resolution proposing to amend Article Five ( V) of the Constitution of the State of lowa relating to the supervisory and administr81tive control of the inf<>rior courts by the Supreme Court; to the qualifications, self'ction, tenure, compensation, powers and duties of judicial nominating commission members, judges and other judicial officers and to the mandatory retirement with compensation of judges of the Supreme and District Courts, with report of committee without recommendation, was taken up for consideration. CALL OF THE HOUSE The undersigned hereby request a call of the House on Senate Joint Resolution 7. DAVID M. STANL!:Y. RAY CUNNINGHAM. JOHN A. BAUMHOVER. M. W.SMITH. HAROLD 0. FISCHER. On motion by McNeal of Wright, the House recessed until 2:00 p.m. AFTERNOON SESSION The House reconvened, Speaker Lisle in the chair. Digitized by Goog le 1038 [April 1, JOURNAL OF THE HOUSE The House resumed consideration of St>nate Joint Resolution 7. Mowry of Marshall offered the following amendment and moved its adoption: Amend Senate Joint Resolution 7, by striking all after the enacting clause and inserting in lieu thereof the following: "Section 1. Amend Article Five (V) of the Constitution of the State of Iowa as follows: 1. Amend Section four (4) thereof, as it appears in the Code 1968, by striking from lines eight (8) and nine (9) of such section the words 'exercise a supervisory' and inserting in lieu thereof the words, 'shall exercise a supervisory and administrative'. 2. Sections three (3), five (5), nine (9) and eleven (11) thereof are repealed. 3. Article Five (V) is further amended by adding thereto the following: (1) The method of selecting judges of all courts shall be as provided by the General Assembly. (2) The terms of office of such judges shall be determined by the General Assembly, provided, however, that the terms of Supreme Court judges shall be not less than eight (8) years and the terms of District Court judges shall be not less than six (6) years. (3) Judges of the Supreme Court and District Court shall receive salaries from the state and such salaries shall not be diminished during their continuance in office. They shall be members of the bar of the state and shall have such other qualifications as may be provided by law and shall be ineligible to hold or be a candidate for any other public office while serving on said courts as otherwise provided by law. (4) The General Assembly shall prescribe mandatory retirement for judges of the Supreme Court and District Court at a specified age and shall provide for adequate retirement compensation. Retired judges may be assigned to temporary judicial duties by the Chief Justice of the Supreme Court during their period of retirement. (5) Judges of the Supreme Court and District Court who are holding office on the effective date hereof shall continue in such office for the remainder of the term to which they were elected or appointed and for such further time as may be provided by the General Assembly." "Sec. 2. The foregoing proposed amendment to the Constitution of the State of Iowa is hereby referred to the General Assembly to be choeen at the next general election, and the secretary of state is hereby directed to cause the same to be published as provided by law." Roll call was requested. On the question "Shall the Mowry amendment be adopted f" The ayes were, 26: Andrews Duffy Bohi Dunton Eggers Briles Coffman Eveland Conner Hall Currie Halling Harrington Dodds Houston Johnson of Fremont Klefstad Mensing Mowry Naughton Nielsen Reppert Rooney Sersland Weik Wier The nays were, 73: Allen Balch Aubrey Baumhover Brinck Brown Burtch Cagley Digitized by Goog le W69] JOURNAL OF THE HOUSE Camp Freed Fuelling Carstensen Casey Fulton Gordy Christophel Grassley Cunningham Gray Den Herder Greenwood Dietz Doyle Hagedorn Hanson Edg:fon Eldr Hirsch Hoth Fairchild Johannes Falvey Johns Fischer of Grundy Johnson of Hancock Fisher of Kimball Greene Kluever Flatt Absent or not voting, 9 : Chalupa Jarvis Darrington Johnson of Audubon Frank 1039 Loss Lueken Lutz Main Martin Maule McArthur McNeal Milroy Mueller Naden Nelson Nutt Ossian Owen Patton Paul Pierce Rapson Robinson Rockwell Rusk Shaw Smith Stanley Steenhusen Stephens Stnnger Summa Tabor Walter Wells Wilson Mr. Speaker Maggert O'Toole Sickels Swisher Amendment lost. Martin of Linn offered the following amendment, from the floor, and moved its adoption : Amend Senate Joint Resolution 7 as follows: 1. By inserting after the period (.) in line twenty-one (21) the following: "Until July 4, 1973, and thereafter unless otherwise provided by law, the State Judicial Nominating Commission shall be composed and selected as follows:" 2. By inserting after the period (.) in line thirty-four (84) the following: "Until July 4, 1973, and thereafter unless otherwise provided by law, District Judicial Nominating Commissions shall be composed and selected as follows:" Roll call was requested. On the question "Shall th!' Martin amendmt>nt ht> adoptNl T" The ayes were, 54: Balch Dodds Baumhover Dunton Briles Eveland Brinck Falvey Brown Fischer of Burtch Grundy Flatt Cagley Casey Frank Christophel Freed Conner Fuelling Cunningham Fulton Currie Gray Den Herder Hagedorn Dietz Hirsch Johnson of Fremont Johnson of Hancock Klefstad Kluever Loss Lutz Main Martin McArthur McNeal Milroy Mowry The nays were, 46: Allen Aubrey Andrews Bohi Mueller Nelson Paul Rapson Rnsk Shaw Sickels Smith Stanley Stephens Stringer Summa Swisher Walter Weik Camp Carstensen Chalupa Coffman Digitized by Goog le 1040 JOURNAL OF THE HOUSE Harrington Doyle Duffy Hoth Houston Eggers Jarvis Fairchild Johannes Gordy Johns Grassley Lucken Greenwood Maule Hall Mensing Halling Hanson Absent or not voting, 8: Darrington Fisher of Edgington Greene Eldred Amendment adopted . [April 1, Naden Naughton Nielsen Nutt Ossian Owen Patton Pierce Reppert Robinson Rockwell Rooney Sersland Steenhusen Tabor Wells Wier Wilson Mr. Speaker Johnson of Audubon Kimball Maggert O'Toole Grassley of Butler offered the following amendment, filed by him, and moved its adoption : Amend Senate Joint Resolution 7, section one (1), line seventy-five (76), by striking the words "and for two years thereafter". Roll call was requested. On the question "Shall the The ayes were, 26: Andrews Fulton Gordy Bohi Grassley Briles Camp Hall Currie Halling Dunton Hoth Eggers The nays were, Allen Aubrey Balch Baumhover Brinck Brown Burtch Cagley Carstensen Casey Chalupa Christophel Coffman Conner Cunningham Den Herder Dietz Doyle 67: Duffy Eldred Eveland Fairchild Falvey Fischer of Grundy Flatt Frank Freed Fuelling Greenwood Hagedorn Hanson Harrington Hirsch Johannes Absent or not voting, 16: Darrington Gray Dodds Jarvis Edgington Johnson of Fisher of Audubon Greene Kimball Amendment lost. amendment be adopted T" Houston Johns Klefstad Maggert Main Mowry Naughton Rooney Sersland Stringer Swisher Wells Johnson of Fremont Johnson of Hancock Kluever Loss Lutz Martin Maule McArthur McNeal Mensing Milroy Naden Nielsen Nutt Ossian Patton Paul Rapson Rockwell Rusk Shaw Sickels Smith Stanley Steenhusen Stephens Summa Tabor Waltl"r Weik Wier Wilson Mr. Speaker Lucken Mueller Nelson O'Toole Owen Pierce Reppert Robinson Digitized by Goog le 1969] JOURNAL OF THE HOUSE 1041 Stanley of Muscatine moved that the joint resolution be read a last time now and placed upon its passage which motion prevailed and the joint resolution was read a last time. Senate Joint Resolution 7, a joint resolution proposing to amend Article Five (V) of the Constitution of the State of Iowa relating to the supervisory and administrative control of the inferior courts by the Supreme Court ; to the qualifications, selection, tenure, compensation, powers and duties of judicial nominating commission members, judges and other judicial officers and to the mandatory retirement with compensation of judges of the Supreme and District Courts. Be It Resolved by the General Assembly of the State of Iowa : Section 1. An amendment to the Constitution of the State of Iowa as it appears in the Code of 1958 is proposed as follows: Article Five ( V) is amended in the following mannt>r: 1. Section four ( 4) is amended by striking from lines eight ( 8) and nine (9) of such section the words, "exercise a supervisory" and inserting in lieu thereof the words, "shall exercise a supervisory and administrative". 2. Sections three (3) , five (5), nine (9) and elPvf'n (11) are repealed. 3. The following sections are added thereto : "Section 15. Vacancies in the Supreme Court and District Court shall be filled by appointment by the Governor from lists of nominees submitted by the appropriate judicial nominating commission. ThrE>e shall be submitted for each Supreme Court vacancy, and two nominees shall be submitted for each District Court vacancy. If the Governor fails for thirty days to make the appointment, it shall be made from such nominees by the Chief Justice of the Supreme Court. "Section 16. There shall bP a StatE' .Turlicial Nominating Commission. Such commission shall make nominations to fill vacancies in the Hnpreme Court. Tlntil .July 4, 1973, and thereafter unles.'l pro,·irlecl by law, the State Judicial Nominating Commission shall lx> C'omposed and selected as follows: There shall be not less than three nor more than eight appointive members, as provided by Jaw, and an equal number of elective members on such Commission, all of whom shall be electors of the state. The appointive members shall be appointed by the Governor subject to confirmation hy the Senate. The eleetive members shall be elected by the resident members of the Digitized by Goog le 1042 JOURNAL OF THE HOUSE [April 1, bar of the state. The judge of the Supreme Court who is senior in length of service on said Court, other than the Chief Justice. shall also be a member of such Commission and shall be its chairman. "There shall be a district Judicial Nominating Commission in each judicial district of the state. Such commissions shall make nominations to fill vacancies in the District C'ourt within their respective districts. trntil July 4, 1973, and thereafter unless otherwise provided by law, District Judicial Nominating Commissions shall be composed and St'lected as follows: There shall be not les.-; than three nor more thau six appointive members, as provided by law, and im equal number of elective members on each such commission, all of whom shall be electors of the district. The appointive members shall be appointed by the Govcmor. The elective members shall be elected hy the residf'nt members of the bar of the district. The district judge of such dist1·ict who is senior in length of service shall also be a memhf'r of such C(Jmlllissiou aud shall be its chairnum. "Due consideration shall be given to area representation in the appointment and election of Judicial Nominating Commission members. Appointive and elective members of Judicial Nominating Commissions shall serve for six year terms, shall be ineligible for a second six year term on the same commission, shall hold no office of profit of the United States or of the state during their terms, shall be chosen without reference to political affiliation, and shall have such other qualifications as may be prescribed by law. As near as may be, the tE-rms of one-third of such members expire every two years. "Section 17. Members of all courts shall have such tenure in office as may be fixed by law, but terms of Supreme Court Judges shall be not less than eight years and terms of District Court Judges shall be not less than six years. Judges shall serve for one year after appointment and until the first day of January following the next judicial election after the expiration of such year. They shall at such judicial election stand for retention in office on a separate ballot which shall submit the question of whether such judge shall be retained in office for the tenure prescribed for such office and when such tenure is a term of years, on their request, they shall, at the judicial election next before the end of each term, stand again for retention on such ballot. Present Supreme Court and District Court Judges, at the expiration of their respective terms, may be retained in office in like manner for the tenure prescribed for such office. The General Assembly shaH prescribe the time for holding judicial elections. Digitized by Goog le 1969] 1043 JOURNAL OF THE HOUSE "Section 18. Judges of the Supreme Court and District Court shall receive salaries from the state, shall be members of the bar of the state and shall have such other qualifications as may be prescribed by law. Judges of the Supreme Court and District Court shall be ineligible to any other office of the state while serving on said court and for two years thereafter, except that District Judges shall be eligible to the office of Supreme Court Judge. Other judicial officers shall be selected in such manner and shall have such tenure, compensation and other qualification as may be fixed by law. The General Assembly shall prescribe mandatory retirement for Judges of the Supreme Court and District Court at a specified age and shall provide for adequate retirement compensation. Retired judges may be subject to special assignment to temporary judicial duties by the Supreme Court, as provided by law." Sec. 2. The foregoing proposed amendment to the Constitution of the State of Iowa is hereby referred to the General Assembly to be chosen at the next general election and the Secretary of State is directed to cause the same to be published as provided by law for three months previous to the time of making such choice. On the question "Shall the joint resolution pass T" The yeas were, 67: Allen Falvey Balch Fischer of Bauznhover Grundy Brown Fisher of Burtch Greene Camp Flatt Carstensen Frank Christophel Freed Cunningham Fuelling Darrinaton Fulton Den Herder Grassley Gray Dietz Dodds Greenwood Edgington Hagedorn Eldred Hanson The nays were, 60: Andrews Eggers Aubrey Eveland Bohi Fairchild Briles Gordy Brinek Hall Cagley Halling Casey Harrington Chalupa Hirsch Coffman Houston Conner Johnson of Currie Audubon Doyle Johnson of Duffy Fremont Dunton Hoth Jarvis Johannes Johns Kimball Kluever Loss I.Altz Maggert Martin McArthur McNeal Milroy Naden Owen Paul Pierce Rapson Robinson Sersland Shaw Smith Stanley Stephens Stringer Walter Wier Wilson Mr. Speaker Johnson of Hancock Klefstad Lucken Main Maule Mensing Mowry Mueller Naughton Nelson Nielsen Nutt Ossian Patton Reppert Rockwell Rooney Rusk Sickels Steenhusen Summa Swisher Tabor Weik Wells Digitized by GoogIe 10« [Aprll ·1, JOURNAL OF THE HOUSE Abeent or not voting, 1 : O'Toole The joint resolution having received a constitutional majority was declared to have passed the House and the title was agreed to. CALL OF THE HOUSE LIFTED Reppert of Polk moved that the call of the House be liftoo. Motion prevailed and the call of the House was lifted. MESSAGES FROM THE SENATE The following messages were received from the Senate: Ma. SPIIAKm: I am directed to inform your honorable body that the Senate baa passed the following bill in whieh the eoneurrenee of the House is asked: Senate File 603, a bill for an aet to make appropriations to eertain named persons in aettlement of claims made against the State of Iowa. Also: That the Senate has passed the following bill in whieh the eoneurrenee of the House is asked: Senate File 604, a bill for an aet to make appropriations to eertain named persons in aettlement of elaims made against the State of Iowa. Also: That the Senate baa passed the following bill in whieh the eoneur· renee of the House is asked: Senate File 607, a bill for an aet to make appropriations to eertain named persons in settlement of elaims made against the State of Iowa. Also: That the Senate has passed the following bill in whieh the eoneurrenee of the House is asked : Senate File 508, a bill for an aet to make appropriations to certain coonties in settlement of drainage asaessment elaima made against the State of Iowa. Also: That the Senate baa paBBed the following bill in whieh the eoneurrenee of the House is asked: Senate File 509, a bill for an aet to make appropriations to eertain named persons in settlement of elaima made against the State of Iowa. RICHARD W. BBBGLUND, SHr6tarr/. SECOND CONFERENCE COMMITTEE APPOINTED (Senate File 345) The Speaker announced the appointment of Smith of O'Brien, Nelson of Winnebago, Loss of Kossuth and Baumhover of Carroll, on the part of the House, to the second conference committee for the consideration of Senate File 345. Digitized by Goog le