Senate Republican lawmakers revived an effort that would give the governor more power in the process of selecting Iowa district court judges.
The measure was included in a budget bill advanced by a Senate panel Thursday that also includes a modest pay raise for judges and changes to the Judicial Retirement System.
Senate Study Bill 3203 would remove the most senior judge in the district from the judicial nominating commission. Instead, the governor would be allowed to appoint an additional member. With the addition, the governor would be able to appoint six — or a majority — of the members to each judicial nominating commission.
Caitlin Jarzen with the Iowa Judicial Branch emphasized the importance of judges involved in the nominating process to ensure appropriate candidates are selected. She noted this concept is consistent with the other professional licensing or disciplinary boards in the state.
“We've stated before that the most senior judge does not need to be the judge to serve on the commission, but we would like a judge to serve on the commission,” Jarzen said. “... We think judges know best what it takes to be a judge, and certainly appreciate the opinion of the attorneys on the commission ... but we think a judge is essential to selecting qualified applicants.”
Each commission currently has 11 members: five appointed by the governor, five elected by resident lawyers of the district, and one district court judge — the longest-serving in the district. As it stands, district judicial nominating commissions are chaired by senior district court judges. The proposed legislation would instead have commissioners elect a chairperson from their own number.
District judicial nominating commissions are responsible for screening applicants and selecting nominees for district court judicial vacancies. Nominating commissions provide the governor with a slate of two nominees from which to make an appointment to the district court.
Each of Iowa's 14 judicial districts has an 11-member nominating commission, and there is a separate commission of 17 members at the state level for nominations to the Iowa Supreme Court and state appeals court.
Gov. Kim Reynolds and Republican state legislators have called for changes to district judicial nominating commissions after a northern Iowa judge was found to have acted improperly during the process of recommending new judges for gubernatorial appointment.
Democrats have accused Republicans of wanting to change the system because of court rulings they disagreed with on abortion and other issues.
Reynolds vetoed a similar proposal in 2022 that would have had commissioners elect their chair, but with the senior judge still serving on the panel.
The governor, in a letter to the Iowa Secretary of State that accompanied her veto, wrote the proposal “does not resolve these serious concerns about the undue influence of judges on district court commissions. And I am unconvinced that (the proposal) would lead to any meaningful change.”
Reynolds added: “Judges would remain as members on each commission and would likely continue to be elected to serve as chair. Any other result would create an uncomfortable dynamic for all other commissioners — especially the elected lawyers who regularly practice in front of that judge and have a reasonable interest in fostering that relationship.”
Representatives for Iowa’s judicial branch, various attorneys groups, the Iowa Federation of Labor, AFL-CIO and Iowa Judges Association spoke in opposition to the proposed measure. They worried the change could negatively impact the quality of judges appointed and hinder recruitment and retention amid dwindling numbers of individuals applying to be judges.
Doug Struyk, a lobbyist representing the Iowa State Bar Association, said judges provide valuable insights into applicants' temperament and demeanor and how they practice law.
Sen. Julian Garrett, a Republican from Indianola who serves as chair of the Iowa Senate’s judicial budget committee, expressed frustration with judges interpreting Iowa law.
“It is desirable to select judges who will follow the law as written rather than bringing up their own opinions, which we have seen in the past. I guess that's my concern,” Garrett said. “In my opinion, by doing this we will probably get judges who are more likely to follow the law as written. That's my opinion.”
Garrett noted lawmakers in 2019 changed Iowa’s decades-old judicial nominating system by giving the governor more control over the state commission that interviews and selects nominees for appointment to the Iowa Supreme Court and the Iowa Court of Appeals.
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The measure was included in a budget bill advanced by a Senate panel Thursday that also includes a modest pay raise for judges and changes to the Judicial Retirement System.
Senate Study Bill 3203 would remove the most senior judge in the district from the judicial nominating commission. Instead, the governor would be allowed to appoint an additional member. With the addition, the governor would be able to appoint six — or a majority — of the members to each judicial nominating commission.
Caitlin Jarzen with the Iowa Judicial Branch emphasized the importance of judges involved in the nominating process to ensure appropriate candidates are selected. She noted this concept is consistent with the other professional licensing or disciplinary boards in the state.
“We've stated before that the most senior judge does not need to be the judge to serve on the commission, but we would like a judge to serve on the commission,” Jarzen said. “... We think judges know best what it takes to be a judge, and certainly appreciate the opinion of the attorneys on the commission ... but we think a judge is essential to selecting qualified applicants.”
How are judges selected?
Each commission currently has 11 members: five appointed by the governor, five elected by resident lawyers of the district, and one district court judge — the longest-serving in the district. As it stands, district judicial nominating commissions are chaired by senior district court judges. The proposed legislation would instead have commissioners elect a chairperson from their own number.
District judicial nominating commissions are responsible for screening applicants and selecting nominees for district court judicial vacancies. Nominating commissions provide the governor with a slate of two nominees from which to make an appointment to the district court.
Each of Iowa's 14 judicial districts has an 11-member nominating commission, and there is a separate commission of 17 members at the state level for nominations to the Iowa Supreme Court and state appeals court.
Gov. Kim Reynolds and Republican state legislators have called for changes to district judicial nominating commissions after a northern Iowa judge was found to have acted improperly during the process of recommending new judges for gubernatorial appointment.
Democrats have accused Republicans of wanting to change the system because of court rulings they disagreed with on abortion and other issues.
Reynolds vetoed a similar proposal in 2022 that would have had commissioners elect their chair, but with the senior judge still serving on the panel.
The governor, in a letter to the Iowa Secretary of State that accompanied her veto, wrote the proposal “does not resolve these serious concerns about the undue influence of judges on district court commissions. And I am unconvinced that (the proposal) would lead to any meaningful change.”
Reynolds added: “Judges would remain as members on each commission and would likely continue to be elected to serve as chair. Any other result would create an uncomfortable dynamic for all other commissioners — especially the elected lawyers who regularly practice in front of that judge and have a reasonable interest in fostering that relationship.”
Lawyers, judges voice opposition
Representatives for Iowa’s judicial branch, various attorneys groups, the Iowa Federation of Labor, AFL-CIO and Iowa Judges Association spoke in opposition to the proposed measure. They worried the change could negatively impact the quality of judges appointed and hinder recruitment and retention amid dwindling numbers of individuals applying to be judges.
Doug Struyk, a lobbyist representing the Iowa State Bar Association, said judges provide valuable insights into applicants' temperament and demeanor and how they practice law.
Sen. Julian Garrett, a Republican from Indianola who serves as chair of the Iowa Senate’s judicial budget committee, expressed frustration with judges interpreting Iowa law.
“It is desirable to select judges who will follow the law as written rather than bringing up their own opinions, which we have seen in the past. I guess that's my concern,” Garrett said. “In my opinion, by doing this we will probably get judges who are more likely to follow the law as written. That's my opinion.”
Garrett noted lawmakers in 2019 changed Iowa’s decades-old judicial nominating system by giving the governor more control over the state commission that interviews and selects nominees for appointment to the Iowa Supreme Court and the Iowa Court of Appeals.
Legislative proposal would give Iowa governor more power over judicial selection
The bill would remove the most senior judge in the district from the judicial nominating commission. Instead, the governor would be allowed to appoint an additional member. With the addition, the governor would be able to appoint six — or a majority — of the members to each judicial nominating...
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