Article V, Iowa Constitution

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Iowa Constitution
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Preamble
Articles
IIIIIILegislativeIVVVIVIIVIIIIXXXIXII
Article V of the Iowa Constitution is labeled Judicial Department. It has 19 sections.

Section 1

Text of Section 1:

Courts

The judicial power shall be vested in a supreme court, district courts, and such other courts, inferior to the supreme court, as the general assembly may, from time to time, establish.[1]

Court of appeals, §602.5101 of the Code.

Section 2

Text of Section 2:

Supreme Court

The supreme court shall consist of three judges, two of whom shall constitute a quorum to hold court.[1]

See Art sec. 10 following; see also §602.4101 of the Code.

Section 3

Text of Section 3:

Election of Judges--Term

Repealed in 1962 with the approval of Amendment.[1]

Section 4

Text of Section 4:

Jurisdiction of Supreme Court

The supreme court shall have appellate jurisdiction only in cases in chancery, and shall constitute a court for the correction of errors at law, under such restrictions as the general assembly may, by law, prescribe; and shall have power to issue all writs and process necessary to secure justice to parties, and shall exercise a supervisory and administrative control over all inferior judicial tribunals throughout the state.[1]

Amendments

  • Amended in 1962 with the approval of Amendment.

See §602.4102, 602.4201, 602.4202, 624.2 of the Code.

Section 5

Text of Section 5:

District Court and Judge

Repealed in 1962 with the approval of Amendment.[1]

Section 6

Text of Section 6:

Jurisdiction of District Court

The district court shall be a court of law and equity, which shall be distinct and separate jurisdictions, and have jurisdiction in civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law.[1]

Statutory provision, §602.6101 of the Code.

Section 7

Text of Section 7:

Conservators of the Peace

The judges of the supreme and district courts shall be conservators of the peace throughout the state.[1]

Section 8

Text of Section 8:

Style of Process

The style of all process shall be, "The State of Iowa," and all prosecutions shall be conducted in the name and by the authority of the same.[1]

Section 9

Text of Section 9:

Salaries

Repealed in 1962 with the approval of Amendment.[1]

Section 10

Text of Section 10:

Judicial Districts

The general assembly may reorganize the judicial districts and increase or diminish the number of districts, or the number of judges of the said court, and may increase the number of judges of the supreme court; but such increase or diminution shall not be more than one district, or one judge of either court, at any one session; and no reorganization of the districts, or diminution of the number of judges, shall have the effect of removing a judge from office. Such reorganization of the districts, or any change in the boundaries thereof, or increase or diminution of the number of judges, shall take place every four years thereafter, if necessary, and at no other time.

At any regular session of the general assembly the state may be divided into the necessary judicial districts for district court purposes, or the said districts may be reorganized and the number of the districts and the judges of said courts increased or diminished; but no reorganization of the districts or diminution of the judges shall have the effect of removing a judge from office.[1]

  • Certain provisions, apparently superseded or obsolete, have been omitted from this codified Constitution. See original Constitution for omitted language

Amendments

  • Paragraph 2 added 1884 with the approval of Amendment. Much of paragraph 1 apparently superseded by paragraph 2.

Section 11

Text of Section 11:

Judges--When Chosen

Repealed in 1962 with the approval of Amendment.[1]

Section 12

Text of Section 12:

Attorney General

The general assembly shall provide, by law, for the election of an attorney general by the people, whose term of office shall be four years, and until his successor is elected and qualifies.[1]

Repealed and rewritten in 1972 with the approval of Amendment.

Section 13

Text of Section 13:

District Attorneys

Repealed in 1970 with the approval of Amendment.[1]

Section 14

Text of Section 14:

System of Court Practice

It shall be the duty of the general assembly to provide for the carrying into effect of this article, and to provide for a general system of practice in all the courts of this state.[1]

For provisions relative to the grand jury, see Art. I, §11.

Section 15

Text of Section 15:

Vacancies in Courts

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. Three nominees 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.[1]

Amendments

  • Added in 1962 with the approval of Amendment.

Section 16

Text of Section 16:

State and District Nominating Commissions

There shall be a state judicial nominating commission. Such commission shall make nominations to fill vacancies in the supreme court. Until July 4, 1973, and thereafter unless otherwise provided by law, the state judicial nominating commission shall be composed and selected as follows: There shall be not less than three nor more than eight appointive members, as provided by law, 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 by the senate. The elective members shall be elected by the resident members of the 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 court within their respective districts. Until July 4, 1973, and thereafter unless otherwise provided by law, district judicial nominating commissions shall be composed and selected as follows: There shall be not less than three nor more than six appointive members, as provided by law, and an 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 governor. The elective members shall be elected by the resident members of the bar of the district. The district judge of such district who is senior in length of service shall also be a member of such commission and shall be its chairman.

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 terms of one-third of such members shall expire every two years.[1]

Amendments

  • Added in 1962 with the approval of Amendment.

Section 17

Text of Section 17:

Terms-Judicial Elections

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 shall prescribe the time for holding judicial elections.[1]

Amendments

  • Added in 1962 with the approval of Amendment.

Section 18

Text of Section 18:

Salaries--Qualifications--Retirement

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.[1]

Amendments

  • Added in 1962 with the approval of Amendment.

Section 19

Text of Section 19:

Retirement and Discipline of Judges

In addition to the legislative power of impeachment of judges as set forth in article three (III), sections nineteen (19) and twenty (20) of the constitution, the supreme court shall have power to retire judges for disability and to discipline or remove them for good cause, upon application by a commission on judicial qualifications. The general assembly shall provide by law for the implementation of this section.[1]

Amendments

  • Added in 1972 with the approval of Amendment.

See also

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