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Senate File 638
H-1321
Amend Senate File 638, as amended, passed, and reprinted by
the Senate, as follows:
1. Page 19, after line 15 by inserting:
<DIVISION ___
JUDICIAL NOMINATING COMMISSION MODERNIZATION
Sec. ___. Section 46.1, Code 2019, is amended to read as
follows:
46.1 Appointment of state judicial nominating commissioners.
1. The governor shall appoint, subject to confirmation by
the senate, one eligible elector of each congressional district
nine eligible electors to the state judicial nominating
commission for a six-year term beginning and ending as provided
in section 69.19.
2. The appointments made by the governor shall be
staggered terms of six years each and shall begin and end
in even-numbered years as provided in section 69.19. The
terms of no more than three nor less than two of the members
commissioners shall expire within the same two-year period.
3. No more than a simple majority of the members
commissioners appointed by the governor shall be of the same
gender.
4. All commissioners shall be chosen without reference to
political affiliation.
5. There shall be at least one commissioner appointed by
the governor from each congressional district and there shall
not be more than two commissioners appointed by the governor
from a single congressional district unless each congressional
district has at least two commissioners appointed by the
governor.
6. A commissioner who has served a full six-year term on the
state judicial nominating commission, whether the commissioner
was appointed or elected, shall be ineligible to be appointed
to a second six-year term.
7. No person may be appointed who holds an office of
profit of the United States or of the state at the time of

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appointment.
Sec. ___. Section 46.2, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
46.2 Election of state judicial nominating commissioners.
1. The resident members of the bar of each congressional
district shall elect two eligible electors of different genders
to the state judicial nominating commission.
2. The commissioners elected by the bar shall serve
staggered terms of six years each and shall be elected in the
month of January for terms commencing July 1 of odd-numbered
years. The terms of no more than three of the commissioners
shall expire within the same two-year period.
3. All of the commissioners elected by the bar shall be
chosen without reference to political affiliation.
4. A commissioner who has served a full six-year term on the
state judicial nominating commission, whether the commissioner
was appointed or elected, shall be ineligible to be elected to
a second six-year term.
5. No person may be elected who holds an office of profit of
the United States or of the state at the time of election.
Sec. ___. Section 46.2A, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
46.2A Special appointment of state judicial nominating
commissioners and transition provisions.
1. The initial term of the ninth commissioner appointed by
the governor shall begin on the effective date of this division
of this Act and shall expire on April 30, 2024.
2. After the initial term is served pursuant to subsection
1, a new commissioner shall be appointed by the governor to a
six-year term as provided in section 46.1.
3. The terms of any commissioner currently serving on
the state judicial nominating commission or any commissioner
already elected to begin serving on July 1, 2019, shall not be
affected by this Act.
Sec. ___. Section 46.5, Code 2019, is amended to read as

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follows:
46.5 Vacancies.
1. When a vacancy occurs in the office of an appointive
judicial nominating commissioner, the chairperson of the
particular commission shall promptly notify the governor in
writing of such fact or the governor may take note of such a
vacancy. Vacancies in the office of an appointive judicial
nominating commissioner shall be filled by appointment by the
governor, consistent with eligibility requirements. The term
of state judicial nominating commissioners so appointed shall
commence upon their appointment pending confirmation by the
senate at the then session of the general assembly or at its
next session if it is not then in session. The term of district
judicial nominating commissioners so appointed shall commence
upon their appointment.
2. Except where the term has less than ninety days
remaining, vacancies in the office of elective member of the
state judicial nominating commission shall be filled consistent
with eligibility requirements by a special election within the
congressional district where the vacancy occurs, such election
to be conducted as provided in sections 46.9 and 46.10. 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 under section 46.13
and at which the commission conducts interviews or selects
nominees for judicial office. The governor, in the governor’s
discretion, may accept or reject the resignation. If the
governor accepts the resignation, the governor shall notify the
commissioner and the chairperson of the commission in writing
and shall then make another appointment.
3. Vacancies in the office of elective judicial nominating
commissioner of district judicial nominating commissions shall
be filled consistent with eligibility requirements and by
majority vote of the authorized number of elective members of
the particular commission, at a meeting of such members called

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in the manner provided in section 46.13. The term of judicial
nominating commissioners so chosen shall commence upon their
selection by a special election within the judicial election
district or congressional district where the vacancy occurs
unless the term has less than ninety days remaining, in which
case the office shall remain vacant. The special election
shall be completed within ninety days of the vacancy arising
and shall be conducted as provided in sections 46.9, 46.9A, and
46.10.
4. If a vacancy occurs in the office of chairperson of a the
state judicial nominating commission, or in the members of the
commission shall elect a new chairperson as provided in section
46.6. If a vacancy occurs in the office of chairperson of a
district judicial nominating commission or in the absence of
the chairperson, the members of the particular commission shall
elect a temporary chairperson from their own number.
5. When a vacancy in an office of an elective judicial
nominating commissioner occurs, the state court administrator
shall cause to be mailed to each member of the bar whose name
appears on the certified list prepared pursuant to section 46.8
for the district or districts affected, a notice stating the
existence of the vacancy, the requirements for eligibility,
and the manner in which the vacancy will be filled. Other
items may be included in the same mailing if they are on sheets
separate from the notice. The election of a district judicial
nominating commissioner or the close of nominations for a state
judicial nominating commissioner shall not occur until thirty
days after the mailing of the notice. Notwithstanding section
69.1A, appointed and elected commissioners on the state and
district judicial nominating commissions shall not hold over
until their successor is elected and qualified.
6. All judicial nominating commissioners, including
those elected by the bar, shall be subject to removal by
the executive council in the same manner as appointive state
officers under section 66.26. When the status of a judicial

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nominating commissioner is in question, the governor shall be
the officer responsible for deciding whether a vacancy exists
under section 69.2.
Sec. ___. Section 46.6, Code 2019, is amended to read as
follows:
46.6 Equal seniority Chairperson.
If the judges of longest service, other than the chief
justice, of the supreme court or of the district court in
a district are of equal service, the eldest of such judges
shall be chairperson of the particular judicial nominating
commission.
1. The commissioners of the state judicial nominating
commission shall elect a chairperson from their own number.
The chairperson shall serve a two-year term that expires
on April 30 of even-numbered years. A commissioner may be
reelected for a second or third term as chairperson. If a
chairperson of a judicial nominating commission desires to
be relieved of the duties of chairperson while retaining the
status of commissioner, the chairperson shall notify the
governor and the other commissioners of the commission. At the
next meeting of the commission, the commissioners shall elect a
new chairperson for the remainder of the two-year term.
2. The judge of longest service in the district shall serve
as the chair of a particular district judicial nominating
commission. If the judges of longest service in the district
are of equal service, the eldest of such judges shall be
chairperson of the particular judicial nominating commission.
Sec. ___. Section 46.7, Code 2019, is amended to read as
follows:
46.7 Eligibility to vote.
To be eligible to vote in elections of judicial nominating
commissioners, a member of the bar must be eligible to
practice and must be a resident of the state of Iowa and of
the appropriate congressional district or judicial election
district as shown by the member’s most recent filing with the

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supreme court for the purposes of showing compliance with
the court’s continuing legal education requirements, or for
members of the bar eligible to practice who are not required
to file such compliance, any paper on file by July 1 with the
state court administrator, for the purpose of establishing
eligibility to vote under this section, which the court
determines to show the requisite residency requirements 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
on continuing education and the client security commission or
on the member’s bar admission records. A judge who has been
admitted to the bar of the state of Iowa shall be considered a
member of the bar.
Sec. ___. Section 46.8, Code 2019, is amended to read as
follows:
46.8 Certified list.
1. Each year the The state court administrator shall certify
a maintain a certified list of the names, addresses, electronic
mail addresses, and years of admission of members of the bar
who are eligible to vote for state and district judicial
nominating commissioners.
2. Upon request, the state court administrator shall
provide the certified list in electronic form and without
charge to any properly qualified nominee for state or district
judicial nominating commissioner.
Sec. ___. Section 46.9, Code 2019, is amended to read as
follows:
46.9 Conduct of elections.
1. When an election of judicial nominating commissioners
is to be held, the state court administrator shall administer
the voting. The state court administrator may administer
the voting by electronic notification and voting or by paper
ballot mailed to each eligible attorney. The state court
administrator shall mail paper ballots to eligible attorneys or

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electronically notify and enable eligible attorneys to vote.
The elector receiving the most votes shall be elected. When
more than one commissioner is to be elected, the electors
receiving the most votes shall be elected, in the same number
as the offices to be filled.
2. The state court administrator shall provide a voting
period of at least twenty-one days from when the electronic
voting notification is sent or the paper ballots are mailed
during which eligible attorneys may vote electronically or
submit a paper ballot.
3. In an election to elect a single commissioner, each
eligible attorney may cast a single vote, and the qualified
eligible elector receiving the most votes shall be elected.
4. In an election to elect one male commissioner and one
female commissioner, each eligible attorney may cast one vote
for male commissioner and one vote for female commissioner, and
the qualified eligible elector of each gender receiving the
most votes shall each be elected.
5. The election results, including the number of votes cast
for each elector and the total number of the members of the
bar eligible to vote in each election, shall be made publicly
available on the judicial branch internet site and shall be
reported to the governor and to the general assembly within ten
days after the conclusion of the election.
Sec. ___. Section 46.9A, Code 2019, is amended to read as
follows:
46.9A Notice preceding nomination of elective nominating
commissioners.
At least sixty days prior to the expiration of the term of an
elective state or district judicial nominating commissioner or
the expiration of the period within which a special election
must be held, the state court administrator shall mail paper
ballots to eligible attorneys or electronically notify and
enable eligible attorneys to vote. An eligible attorney is
a member of the bar whose name appears on the certified list

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prepared pursuant to section 46.8 for the district or districts
affected provide notice of the current or upcoming vacancy
and the nomination and election process by making the notice
publicly available on the judicial branch internet site,
issuing a press release, and electronically notifying members
of the bar. The election shall not commence until at least
thirty days after the issuance of the notice required by this
section.
Sec. ___. Section 46.10, Code 2019, is amended to read as
follows:
46.10 Nomination of elective judicial nominating
commissioners.
1. In order to have an eligible elector’s name printed
on the ballot for state or district judicial nominating
commissioner, the eligible elector must file in the office of
the state court administrator at least thirty days prior to
expiration of the period within which the election must be
held a nominating petition signed by at least fifty resident
members of the bar ten eligible electors of the congressional
district in case of a candidate for state judicial nominating
commissioner, or at least ten resident members of the bar
eligible electors of the judicial district in case of a
candidate for district judicial nominating commissioner. No
member of the bar may sign more nominating petitions for state
or district judicial nominating commissioner than there are
such commissioners to be elected.
2. Ballots or electronic voting forms for state and district
judicial nominating commissioners shall contain blank lines
equal to the number of such commissioners to be elected, where
names may be written in. Any electronic voting form must
permit a voter to write in the name of any eligible elector.
Sec. ___. Section 46.11, Code 2019, is amended to read as
follows:
46.11 Certification of commissioners.
The Upon making an appointment, the governor and the state

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court administrator respectively shall promptly certify
the names and addresses of appointive and elective judicial
nominating commissioners to the state commissioner of
elections and the chairperson of the respective nominating
commissions. Upon the 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 the governor.
Sec. ___. Section 46.12, subsection 1, Code 2019, is amended
to read as follows:
1. When a vacancy occurs or will occur within one hundred
twenty days in the supreme court, the court of appeals, or
district court, the state commissioner of elections shall
forthwith so notify the chairperson of the proper judicial
nominating commission governor. The chairperson governor shall
call a meeting of the proper judicial nominating commission
within ten days after such notice; if the chairperson governor
fails to do so, the chief justice shall call such meeting.
Sec. ___. Section 46.13, Code 2019, is amended to read as
follows:
46.13 Notice of meetings and application process.
1. The governor or chairperson of each judicial nominating
commission shall give the members of the commission at least
five days’ written notice by mail or electronic mail of the
time and place of every meeting, except as to members who
execute written waivers of notice at or before the meeting or
unless the commission at its next previous meeting designated
the time and place of the meeting.
2. Each commission, with the technical support of the
judicial branch, shall publish all of the following on the
judicial branch internet site:
a. Notice that the commission is accepting applications
for judge or justice along with a copy of the application form
at least two weeks before applications are required to be
submitted to the commission.

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b. Copies of nonconfidential application materials submitted
by applicants.
c. The schedule of applicant interviews before the
commission.
d. The list of nominees submitted by the commission to the
governor and the chief justice.
3. Commissioners shall be permitted to conduct individual
interviews with applicants in advance of the commission’s
meetings to choose the nominees.
4. The state judicial nominating commission shall adopt
uniform rules for the state and district judicial nominating
commissions that shall be consistent with this chapter
and shall provide for a uniform and fair process for the
commissions to consider applicants and select nominees. The
state judicial nominating commission shall provide for a public
comment period of at least thirty days on its proposed uniform
rules prior to adopting the rules and shall adopt the rules
within six months of the effective date of this division of
this Act. Such rules shall be made publicly available on the
judicial branch internet site.
Sec. ___. NEW SECTION. 46.15A Severability and judicial
review.
1. If any provision or clause of this chapter or any
application of this chapter to any person or circumstances
is held invalid, such invalidity shall not affect other
provisions, clauses, or applications of this chapter which can
be given effect without the invalid provision or application,
and to this end the provisions and clauses of this chapter are
declared to be severable.
2. Notwithstanding any provision of law to the contrary,
if any provision of this chapter is preliminarily enjoined,
no judicial nominating commission shall meet to nominate
persons to serve as a judge or justice while the preliminary
injunction is in effect or while any appeal of the preliminary
injunction or a related permanent injunction is pending unless

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the injunction is subsequently stayed or otherwise lifted.
Sec. ___. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION ___
CHIEF JUSTICE SELECTION
Sec. ___. Section 602.4103, Code 2019, is amended to read
as follows:
602.4103 Chief justice.
The justices of the supreme court shall select one justice as
chief justice, to serve during that justice’s term of office.
1. 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 in the office of chief justice shall be filled for
the remainder of the unexpired term by majority vote of the
justices of the supreme court, after any vacancy on the court
has been filled.
2. 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. The office of chief
justice shall be deemed vacant, and shall be filled as provided
in this section.
3. The chief justice is eligible for reselection.
4. The chief justice shall appoint one of the other justices
to act during the absence or inability of the chief justice
to act, and when so acting the appointee has all the rights,
duties, and powers of the chief justice.
Sec. ___. NEW SECTION. 602.4103A Transition provisions.
1. The term of the chief justice serving on the effective
date of this division of this Act shall 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.

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2. If the office of chief justice becomes vacant prior to
2 the expiration of the term in January 2021, the office shall be
3 filled for the remainder of the unexpired term as provided for
4 in section 602.4103.
5
3. This section is repealed July 1, 2021.>
6
2. By renumbering as necessary.

______________________________
HOLT of Crawford

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