Judicial selection in Iowa
From Judgepedia
In 1962, Iowa voters approved a constitutional reform that replaced the process of selecting judges by popular vote with a merit selection and retention election process (i.e. the Missouri Plan).[1]
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Eligibility for Judicial Office
In general, nominees for any judgeship except for judicial magistrates must be lawyers admitted to practice law in Iowa. Also, a nominee must be a resident of the state, district, or county to which they are nominated and must be of an age such that they can serve a full term of office before reaching age 72.
Although the merit selection system governs the selection of all judges and magistrates, specific procedures vary somewhat depending on the type of judgeship.[2]
State Nominating Commission
The State Judicial Nominating Commission interviews applicants and selects nominees for appointment to the Iowa Supreme Court as well as the Iowa Court of Appeals. This commission is composed of a chair, seven commissioners elected by lawyers, and seven commissioners appointed by the governor and confirmed by the Iowa Senate. The chair is the senior justice of the Iowa Supreme Court, other than the chief justice. All commissioners, but the chair, serve for a term of six years.
Within sixty days of receiving the notice from the secretary of state, the commission must submit the names of nominees to the governor. The commission selects three nominees for appointment to the Supreme Court, and three nominees for appointment to the Court of Appeals.[3]
District Nominating Commissions
District judicial nominating commissions are responsible for screening applicants and selecting nominees for district court judgeships. There is a nominating commission for each of Iowa's thirteen judicial election subdistricts. Each district commission has eleven members, including a chair, who is the most senior district court judge in the district, five members elected by lawyers, and five members appointed by the governor. Each commissioner, except the chair, serves a six-year term. The district nominating provides the governor with a slate of two nominees from which to make an appointment to the district court. [4]
County Magistrate Appointing Commissions
Each county has a magistrate appointing commission to assist with the selection of district associate judges, associate juvenile or probate judges, and magistrates. Each magistrate nominating commission is composed of the following members: a district court judge who serves as chair and who is designated by the chief judge of the judicial district, up to three non-lawyer members appointed by the board of supervisors, and up to two attorneys elected by the attorneys in the county. The board of supervisors may not appoint an active law enforcement officer as a commissioner. A county attorney may not serve on the commission. Commissioners, except for the district court judge, serve six-year terms.
District associate judges, associate juvenile judges, and associate probate judges are appointed by the district judges of the judicial election district from nominees submitted by the magistrate appointing commission.
Magistrates are appointed by the magistrate appointing commission.[5]
Retention Elections
After one year in office, and then at regular intervals, judges stand in retention elections. [6]
Retention Rates
Since Iowa adopted a merit plan with retention elections, only four judges have not been retained.
