S. J. R. 7 March 17, 1959. By COMMITTEE ON JUDICIARY l. As Passed by the Senate. i.-::. Passed Sena!9. Date9.<. -: l7-:.§1 Passed House, Date... :'.:::.£i. Vpte: Ayes..... 1~ "!'Iays .. Vote: Ayes.:!!... Nays.§O.. _ ~~ (.V,.,.,.~ ~ ~ q _S 7 1" .i:lo _ / '" pproved ................................................ . .:. I .. ;- .L8:... 7.. .. SENATE JOINT RESOLUTION 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 1 2 bj/ Section 1. the General Assembly of the State o/Iowa: An amendment to the Constitution of the State of Iowa as it appears in the Code of 1958 is proposed as follows: 3 Article Five (V) is amended in the following manner: 4 1. Section four (4) is amended by striking from lines eight (8) 6 and nine (9) of such section the words, "exercise a supervisory" 6 and inserting in lieu thereof the words, "shall exercise a super7 8 9 visory and administrative". 2. Sections three (3), five (6), nine (9) and eleven (11) are repea led. 10 3. The following sections are added thereto: 11 "Section 15. Vacancies in the Supreme Court and District 12 Court shall be filled by appointment by the Governor from lists 13 of nominees submitted by the appropriate judicial nominating 14 commission. Three nominees shall be submitted for each Supreme 15 Court vacancy, and two nominees shall be submitted for each 16 District Court vacancy. If the Governor fails for thirty days 17 to make the appointment, it shall be made from such nominees by S. J. R. 7 -2- 18 the Chief Justice of the Supreme Court. 19 "Section IS. There shall be a State Judicial Nominating 20 Commission. Such commission shall make nominations to fill 21 vacancies in the Supreme Court. There shall be not less than 22 three nor more than eight appointive members, as provided by 23 law, and an equal number of elective members on such Commission, 24 all of whom shall be electors of the state. The appointive 25 members shall be appointed by the Governor subject to confirmation 26 by the Senate. The elective members shall be elected by the 27 resident members of the bar of the state. The judge of the 28 Supreme Court who is senior in length of service on said Court, 29 other than the Chief Justice, shall also be a member of such 30 Commission and shall be its chairman. 31 "There shall be a District Judicial Nominating Commission in 32 each judicial district of the stste. Such commissions shall 33 make nominations to fill vacancies in the District Court within 34 their respective districts. There shall be not less than three 35 nor more than six appointive members, as provided by law, and 36 an equal number of elective members On each such commission, all 37 of whom shall be electors of the district. The appointive members 38 shall be appointed by the Governor. The elective members shall 39 be elected by the resident members of the bar of the district. 40 The district judge of such district who is senior in length of 41 service shall also be a member of such commission and shall be 42 its chairman. 43 "Due consideration shall be given to area representation in 44 the appointment and election of Judicial Nominating Commission 45 members. Appointive and elective members of Judicial Nominating 46 Commissions shall serve for six year terms, shall be ineligible • S.J.R. 7 47 for a second six year term on the SAme commission, shall hold 48 no office of profit of the United States or of the state during • 49 their terms, shall be chosen without reference to political 50 affiliation, and shall have such other qualifications as may be 51 prescribed by law. As nesras may be, the terms of one-third of 52 such members shall expire every two years. 53 "Section 17. Members of all courts shall have such tenure 54 in office as may be fixed by law, but terms of Supreme Court 55 Judges shall be not less than eight years and terms of District 56 Court Judges shall be not less than six years. Judges shall 57 serve for one year after appointment and until the first day of 58 January following the next judicial election after the expiration' 59 of such year. They shall at such judicial election stand for 60 retention in office on a separate ballot which shall submit the 61 question of whether such judge shall be retained in office for 62 the tenure prescribed for such office and when such tenure is a 63 term of years, on their request, they shall, at the judicial 64 election next before the end of each term, stand again for re- 65 tention on such ballot. Present Supreme Court and District 66 Court Judges, at the expiration of their respective terms, may 67 be retained in office in like manner for the tenure prescribed 68 for such office. The General Assembly shall prescribe the time 69 • 70 for holding judicial elections. "Section 18. Judges of the Supreme Court and District Court 71 shall receive salaries from the state, shall be members of the 72 bar of the state and shall have such other qualifications as may 73 be prescribed by law. Judges of the Supreme Court and District 74 Court shall be ineligible to any other office of the state while 75 serving On said court and for two years thereafter, except that S. J. R. 7 -4- 76 District Judges shall be eligible to the office of Supreme Court 77 Judge. Other judicial officers shall be selected in such manner 78 and shall have such tenure, compensation and other qualification 79 as may be fixed by law. The General Assembly shall prescribe manda- 80 retirement for Judges of the Supreme Court and District Court at tory 81 a specified age and shall pro,' ide for adequate retirement compen- 82 gation. Retired judges may be subject to special assignment to 83 temporary judicial duties by the Supreme Court, as provided by 84 law:' 1 Sec. 2. The foregoing proposed amendment to the Constitution 2 of the State of Iowa is hereby referred to the General Assembly 3 to be chosen at the next general election and the Secretary of 4 State is directed to cause the same to be published as provided 6 by law for three months previous to the time of making such choice. SEl> ATE JOr::\T RESOLUTION 7 Amen~ Senate Joint Resolution "7 as follows. ; 4 [I ~, 8 ~ 10 11 Infglell"ti~ :tfter the period (.) in line t~'entv-onc e 0 owmg: . "Until Juh' 4 1978 and th f. by law, the J I N er~a ..er unless othenvise ,pl'ovided -" ;tfL-.J co~pose~ and selee~;c~ fofl:~~~~ng Commll5sion shall be ,.' :/" ~-~. .'-~ 2. Bv Inserting atte th . d ' "v" (:1.:>. th,e foJIowing: r e perlO (.) In line thirty·four 't '<./''-"<./'-').I 4 (211.) Bthy Sta'te d' . ,-.r . Cntil Jul" ,1 1978 , an d·h ,'.1 ., t ereatter unless otherwise pro\ l\.led by lsw District Jud' . I 'X . _. I5hall be ' ICla • Ohunatlng Commissiong compol5ed and 5elected 83 follows:" - File~ from the floor and adopted April I, 1959. .. MARTIN of Linn. SENATE JOl:>T RESOLUTION 7 1 . Amend S~nate Joint Resolution. 7, section one (1) 2 hne seventy-five (75), by striking the words "and fo; two 8 years thereafter". Filed lIarch 11, 1959. GR.A8SI.!:Y of Butler. .. SEN'ATE JOIXT RESOLCTION 7 1 Amend Senate Joint Resolution 7, by striking nil after 2 the enacting clause and inserting in lieu thereof the following: ;:) "Section 1. Amend Article Fiv~ (V) of the Constitution of 4 the State of Iowa as follows: 6 1. Amend Section four (4) thereof, 93 it appears in the 6 Code 1'358, by s.triking from lines eight (8) and nine- (9) of such 7 • section the words 'exercise a supervisory' and inserting in lieu 8 thereC'f the words, 'shall exercise a supervisory and administra9 tive', 10 2. Sections three (S), five (5), nine (9) and ele\'en (11) 11 thereof are repea.led. 12 3. Article Five (V) is further amended by adding thereto 13 the following: 14 (1) The method of selecting judges of all courts shall 15 be as prQvid~d by th~ General Assembly. 16 (2) The ~nns of office of such judges shall be detennined 17 by the General Assembly, pro"ided, however, that the terms of 18 Sup\·eme Court judges shall be not le!:;s than eight (8) yean; and 19 the terms of District Court judges shall be not less than six 20 (6) yoars. 21 (3) .Tudges of the- Supr~me Court and District Court shall 22 receive salaries from the State and such salaries shall not 23 be diminished during their continuance in office. They shall 21 be membel""5 (If the bar of the State and shall have 1!uch other 25 qualifiCAtions as may be provided by law and shall be ineligible 26 to hold or 00 a oCandida~ for any other public office while 27 f.ervin~ on said COUT"...s except as otherwise provided by law. 28 (4) The General Assembly shall prescribe mandatory 29 retirement for judges of the Supreme Court and District Court 30 at a '3pecifted age and shnH prtlv"ide for adequnte retirement SI compensation. Retired judges may be Slssigned to temporary 32 judicial duties by the Chief Justice of the Supreme Court 33 during their period of retirement. 34 (5) Judges of the Supreme Court and District Court .....ho are 35 holding office on the etrecth'e date h~reof shall continue in 36 ~uoCh otfl<:e for the remainder of th~ term to which they were 37 elected or appointed :md for such further time as may be 38 provided by the Genera.l Assembly." 39 QSee. 2, The foregOing proposed amendment to the Constitution 40 of the State of Iow9. is hereby referred to the Ge-neral AMembly 41 to be chosen at. the next general election, and the secretary 42 of state is hereh)- dire-cted to cause the ~ame to be published 43 as provided by law." Filed frorn the floor a.nd lost April 1, 1959. MOWRY of liar8hAlI. SENATE J'OINT'iu:sol~u:r:tmu :,: -. ~-' , Aln.IId'the Hou'l',.Amendinent as follow.a~ . -~ ~ . - ' , Filed :April 6/i 1959. -. ~-:.~ . ; -, :~ ) ." S. J. R. 7 February 5, 1959. Passed on File. senatea.D~te ~.?:.~ Passed .. J.::-..I.1 .. Vote: Ayes .. J" ....... Nays .. l.~. ....81 By CO:l-iMITTEE ON JUDICIARY 1. Approved.... • ............... A Joint Resolution proposing to amend Article Fh'e (V) of the I Constitution of the State of Iowa rdating to the supervisory .. and administrative control of the inferior coulis by the ~ Supreme Court; to the qualifications, selection, tenure,· . compensation, powers and duties of judicial nominating com- , mission members, judges and other judicial officers~ to the < mandatory retirement with compensation of judges of the Supreme and District Courts and to the termination of all courts inferior to the District Court unle~s otherwi~e provided by law. HI: /I Res,,/v,:d iJ!J the Genera! Assembly oj the Sta.le oi lou'a: :2 , th~ 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 manner: 4 1. Section four (4) is amended by striking from lines eight (8) 5 and nine (9) of sllch section the words, "exerciee " wpervis(>ry" 6 'll1d inserting in lieu thereof the words, "shall ,xerci,e a ;;"per· 7 visory and admil1istrative", 9 .1:" An amendment to 3 8 1 Section 1. 2. Sectiond three (3), five (5), nine (9) and eleven (11) ~re repealed. 10 3. The folll)"'ing gection" are adder! thereto: 11 "Section 15. 12 .- ~ ~ ~,,~, 'V SENATE JOINT RESOLUTION 1 J ..~ Passed House, Date..... .. ..... Vote: Ayes.. Nays ............. .,Ii" Vacancies in the Supreme Court atld Didtrict Court shall be filled by appointment by the Governor from list> 13 of nominees submitted by the appropriate judicial nominating 14 cr·-'1li%ion. :, Three nomineeg'shall be su bmitted for each Supreme 15 Court v,)caney, and two nominees shal! be s.ubmitted for each 16 Di,trict Court vacancy. If the GovernOl' failg fo," thirty day, to,", ",\ S. J. R. 7 -2- J7 to make the appointment, it shall be made from such nominees by 18 the Chief Justice of the Supreme Court. 19 "Section 16. There shall be a State Judicial Nominating nn 20 Commission. Such commission shall make nominations to 21 vacancies in the Supreme Court. There shall be not less than 2~ three nor more than eight , t 'k' e~ate omt Re.olution 7 filed g S inserting in lieu thAreof 'thY 8 rJdln t e word "eommittee" and v e Wor "C()puniBBion". FilOUrts shall hold 22, .. office during good beh.,;or, The General Assembly 23;; -shall prescribe .;mandatory retirement for jud¥es of 24 such' courts at a specified age and shall provide for '-25. .adequate retiremtnt compensation,. Retired judges 26 'may be "ssiined to tempol'ary jUdicial duties by the , 27 chief justice ,o'! the Supreme Court durin', their pe28 tiod of retirement. 29 . - Section 17'. Judges of the Supreme C-ourt and District 3<;' Court,shall receive ,salaries 'from the state, and sach 31 :satari.es shall not be diminished dut~ their contin. '32: 'uane'e in office, 'Ih~y shall be metnl>ers of the bsr 38 . the state and shall ha.ve such other qualifications ~h '84 a~ DUly be provided by law 'and shall be in.l!~ble 35' to hold or be a candidate for any elective office' 35 whUe servillg on said courts. . 87 SecWon 18, Judges of !Jle Supreme -Court and Dis•..,. '..' ." , '88',- trict Court who were elected or appointed, prior"to . . 39 tile' _ etrectlve" d'au hez:eot shall continue in office 40 during good behavior and until reaching tbeage of ',' , :41 retirem'ent., . / '4~i~" ,"S.ec: 2: The,:,f?regoing .. p;"C?pOae.d amend,ment to the Const;i. ~3·,'tuW;'n the . State 'of Iowa is hereby referrOd to the General \ '" .4"-,; Assembly. to be chosen ,,;t the next general election, and the )... , . 4.5'" seereta:r-y of stat~ is hereby directed to: cause the same to~ .~ J 40" be J)u?lis~ed as provided Dy.law.'" ,~ ~.:. of a 0 , e,;; of " J ' , " , V/ of < .~;.:, ., Ffiled 'E,el>r12ary9;:19S9, ': ~.'d A1nendm.ont of 1 '~ ""',,:..: -\.::~ .,~, ' , ,;' .' .{ t 1~ V,,-',,,,,, PU1'I¢Y'and Bn:ak> FebrUafy 9'l969,tos..,&te;~;":¥t .,,;' .' " ' ;' By NOLAx,"Bo'()1'HBY, .' Z' 'R.esolution 7 "!oU-o-W6-: ,", , ' f'\ .'5" Sectio.n 1, Strik. the ~,... thirty three (33) in .... " 4' line eleven (11) and iruert therefor the figure thr.. (8), S Sec. 2, Add the following after period (,) on line 6 twenty (20) "Appointment to the district court shali be ~v.:' . 7 trom the name or nAmes submitted to the governor by the S 'membe,rs.of the Bar of the district or districts hlvolved". " , /\ Fi,led . . ... '. '. ,..' > ~aIY la, 1969, Amend Senate Joint Resohlti"on 7 ~ f~lo~~~" .'. tI,~,:, : : ,"::;' 2;:\,.'j~·l.-.~~,:the,";o~ "Three nominees" in line 14",~n:d ~t}": ,j, ': .. '1." :.:: J~~~~.;.Je,~,.~~eof the:, \??:~~, ",One or not, ~,~re":'it~,~;}~~ee, \: ,,~,.':,rtt:.': ' "~,,~~;<,>.:' l' , ,1,' By NOLAN, 5 ,,6 l" "/t-" ,.-:' l2,Strik~the~~!d' "twgJl91ili~~"in)i;i.. ~.~,¥",;•..•......v.~'~ .. ,', 1nBert.i.~~.~l~" tb.e.._., .J Clone.. ',o~:I':not;mo~e ..tha.n'''two,;':nonu..'.~~... ~•.', '.< . i.·J~.,~"'.""~' '., ,."'(\ .. following "law "'iri,Jine 79;' t'!r """ ",..' ,'" ~·8 lieu thex:eof the ~oll0win~- '7"ft1-" -. .. ,;," ,'. ,~' ',,,, ."" .;"~". :,,'1 ~ '9, . "., . Str1J vided b ~:'"1 ·-w. ·.',,,t'~,,,, _" '" " ","':, ' , ' " ' '-I:' '~ ~, 7 o. ,Strlke~,all Fii~~', ;,~:-,~/~~", "~'" ..-: :,~;.~~; aw~~. ;,~H~:~',': ' '.;~I" ',. '- ~'..\':' :- ~~;'J,,";:;i~"::~~~:' ~~~l'}6,:~~69, " , : By NOI.AN," ----...,.-- --- - - - - -- -- - ------- -- -, - - - - - - - SEl' An; JOI!\T RESOLUTION, , ,\ Amend Senate Joint Resolution 7 by stl-iking from section' 2 1 all ot lines 19 to 52. inciusivo. and in.serting in lieu thereof the following: ~'S~tion HL There .,hall be A .state judicial nominating commission as f)haJl be pro\o-ided by Jaw, The commission shall make nomi\'\ations to fill Yuaneies in the tiupreme court_ There shall also - 'he a district. judicial nominating corpJll.i..t.Ue in each ,~judicial dietrict of the' state as shall be pro,"id~ -by law. ~~,_:Such commis~ion3 shall make nominatioM to fill vacancies in the -~>~'_dist['ict court within their respective dish'jcts." ';lided, howeVer. that,the 18 term. of Supre"". Court judges sban not be I.... than e~ht 19 years and ~be terms of District Court judges shall be not 20 1_ than aixyears. ' 21 '·"'fS) Judg6$ of. th.e'SlIJlrem.e Court and District c"urt:"hall, 22· receiVe: salaries from.··the State and such aalarie. 'shalF not., ' 23 he-diminished, dud,;g 'their continuanCe ill oll\ce;' They'shall'! 2' be members of ,the Bar of the State and shall have ""ch other 26 qualifications .... may be provided by law anro~dl!?' by 29 30 .>--.; ..... '. {/ (4) The General As""mbly shall prescribe mandatory re-:,:,~ tirein"'t for judg.,.oCthe SupremeCourl and Dlatiict,Court." -, '. ',:, at a specified' age and shall provide for adequate "'Cti..e.:,' : "', -', ' ment COlIlJ)ensation, Retired julg.. may be ....igned' to tempo-, .' ", rar)' Judicial duti .. by'the' Chief Justi.., of the Supreme - , - . "",' Court during ,their period 01 retirement. - -.. '-', ' -" :-~' , (6) Judge. of tn. Supreme Court and Di.trict Court ',~ a6wh,o';are-holding otli~ on the etl'.. ti~. date hereof slIaII _ • ~/ 31 32' 8S. • 34 86 3-7 continue in, 1'uch offiu for the remainder of the wrrn to S8 ,'S9 ,,~ime u may be provided by the General ASlIelnbly:" '~O' : ""s'oc, 2, The foregoing proposed amendment to'the Consti41 tu~ion of, the State, of Iowa is be",by refen-ed to the General 42 Assembly to be- choaen at: the next general el~tion, -and -the 43 secretary of state is hereby direeted to C&use the' same. to be 44 published as provided by law," -F',iled 'Febr.uary 20. 1959, . '~.',~~, ._. ''If ,. '. : / By -NO~'::'B09THBY, P.UTl'~and'YANc&' ._,._"- _._ .. .. ' '-