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Judicial selection in Iowa

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Judicial selection in Iowa
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Iowa Supreme Court
Method:   Assisted appointment
Term:   8 years
Iowa Court of Appeals
Method:   Assisted appointment
Term:   6 years
Iowa District Courts
Method:   Assisted appointment
Term:   6 years


Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Iowa, including:

As of April 2025, judges for Iowa's supreme court, court of appeals, and district courts were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission. Juvenile court judges were appointed by district judges from a list provided by a nominating commission.

Article V of the Iowa Constitution states that retained judges' terms begin on January 1 after their retention election.

Iowa is relatively unique in that it actively seeks citizen participation in the nomination process. Citizens wishing to nominate a potential judge are asked to submit the candidates' names in writing, along with their opinion of them.[1]

Click here to notify us of changes to judicial selection methods in this state.

Iowa Supreme Court

See also: Iowa Supreme Court

The seven justices on the Iowa Supreme Court are selected through the assisted appointment method. When a vacancy occurs on the supreme court, the State Judicial Nominating Commission submits a list of three potential nominees to the governor, who appoints one to serve as a judge. The commission consists of 17 members—nine appointed by the governor and confirmed by the Iowa State Senate and eight (two from each congressional district) elected by lawyers.[2]

Iowa law states that no more than a simple majority of the state nominating commission may be of the same gender.[3]

Newly appointed judges serve for one year after their appointment. They must then compete in a yes-no retention election (occurring during the regularly scheduled general election) if they wish to remain on the court. They then serve eight-year terms.[4]

Qualifications

To serve on this court, a judge must be:[4]

  • licensed to practice law in the state;
  • a member of the Iowa bar;
  • a resident of the state, district, or county to which they are appointed; and
  • under the age of 72.

Note: Retirement at 72 is mandatory, though older judges may apply to become a senior judge. Senior judges must work a minimum of 13 weeks a year and are to receive a monthly retirement annuity and an annual stipend. They must retire at age 78 (or 80, if reappointed by the supreme court for additional one-year terms).[5]

Chief justice

The chief justice of the supreme court is elected by peer vote and serves a two-year term.[4]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention.[2]

The map below highlights how vacancies are filled in state supreme courts across the country.


Iowa Court of Appeals

See also: Iowa Court of Appeals

The nine justices on the Iowa Court of Appeals are selected through the assisted appointment method. When a vacancy occurs on the court of appeals, the State Judicial Nominating Commission submits a list of five potential nominees to the governor, who appoints one to serve as a judge.

Newly appointed judges serve for one year after their appointment. They must then compete in a yes-no retention election (occurring during the regularly scheduled general election) if they wish to remain on the court. They then serve six-year terms.[4]

Qualifications

To serve on this court, a judge must be:[4]

  • licensed to practice law in the state;
  • a member of the Iowa bar;
  • a resident of the state, district, or county to which they are appointed; and
  • under the age of 72.

Note: Retirement at 72 is mandatory, though older judges may apply to become a senior judge. Senior judges must work a minimum of 13 weeks a year and are to receive a monthly retirement annuity and an annual stipend. They must retire at age 78 (or 80, if reappointed by the supreme court for additional one-year terms).[5]

Chief judge

The chief judge of the court of appeals is elected by peer vote and serves a two-year term.[4]

Vacancies

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention.[2]

Iowa District Courts

See also: Iowa District Courts

For district court vacancies, district judicial nominating commissions submit two potential nominees to the governor, who appoints one to serve as a judge. Iowa's 14 judicial election subdistricts each have a district nominating commission consisting of 11 members: five non-lawyers appointed by the governor, five elected by lawyers, and a chair (the district's most senior district court judge).[6] The governor may not appoint more than three members of the same gender. Lawyers elect two male commissioners and two female commissioners. The fifth member alternates genders every six years.[7]

Newly appointed judges serve for one year after their appointment. They must then compete in a yes-no retention election (occurring during the regularly scheduled general election) if they wish to remain on the court. They then serve six-year terms.[4]

With the Unified Trial Court Act of 1973, the district court became Iowa's sole trial court. The court took the place of over 500 justice of the peace courts, 899 mayor's courts, 14 municipal courts, and 34 police courts. The unified district courts are governed by district judges, district associate judges, associate juvenile judges, associate probate judges, and juvenile magistrates.[8][9]

Qualifications

To serve on this court, a judge must be:[4]

  • licensed to practice law in the state;
  • a member of the Iowa bar;
  • a resident of the state, district, or county to which they are appointed; and
  • under the age of 72.

Note: Retirement at 72 is mandatory, though older judges may apply to become a senior judge. Senior judges must work a minimum of 13 weeks a year and are to receive a monthly retirement annuity and an annual stipend. They must retire at age 78 (or 80, if reappointed by the supreme court for additional one-year terms).[5]

Chief judges

In each judicial district, a chief judge is appointed by the Iowa Supreme Court to a two-year term.[4]

Vacancies

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention.[6]

Limited jurisdiction courts

Iowa has one type of limited jurisdiction court: the Iowa Juvenile Court.

Iowa Juvenile Court

The juvenile court holds special jurisdiction and authority over certain cases involving the lives of children, including cases of children in need of assistance and delinquency cases.[10] Judges are appointed by district court judges, who choose from a list of nominees from the county magistrate appointing commission. They serve at least one year before facing a retention election, after which, if retained, they serve six-year terms.[9][11]

History

Below is a timeline noting changes to judicial selection methods in Iowa, from the most recent to the earliest.

  • 2019: Gov. Kim Reynolds (R) signed into law a bill that increased the number of commissioners the governor appoints to the State Judicial Nominating Commission from eight to nine.[12]
  • 2007: The number of candidates to be submitted by the nominating commission was reduced to three.
  • 1976: The Iowa Court of Appeals was established, with judges to serve six-year terms.
  • 1973: The Unified Trial Court Act of 1973 established a unified court that abolished 899 mayor’s courts, more than 500 justice of the peace courts, 14 municipal courts, and 34 police courts. The commission on judicial qualifications was created to investigate judicial misconduct complaints.
  • 1962: Established that all judges were to be chosen through merit selection and increased term length to eight years for the supreme court and six years for the district court.[13]
  • 1915: Established that municipal court judges were to be elected by popular vote to four-year terms.
  • 1876: Established that superior court judges were to be elected by popular vote to four-year terms.
  • 1868: A circuit court was created to handle all probate and minor civil and criminal matters, with judges elected by popular vote to four-year terms.
  • 1857: Established that supreme court justices were to be elected by popular vote. The term length of district court judges was reduced to four-year terms.
  • 1846: In Iowa's original constitution, the Iowa Supreme Court and the Iowa District Courts were created, with judges elected to six and five-year terms, respectively.[8]

Courts in Iowa

In Iowa, there are two federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

The image below depicts the flow of cases through Iowa's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Iowa's state court system.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[14]

Selection of Federal Judges Flowchart.png


In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

  • Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
  • Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
  • Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
  • Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

  • Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[15] At the state supreme court level, this method is further divided into the following three types:
    • Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
    • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
    • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

Click a state on the map below to explore judicial selection processes in that state.
http://ballotpedia.org/Judicial_selection_in_STATE


See also

State courts Appointment methods Election methods
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State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Court appointment
Gubernatorial appointment
Legislative election
Municipal government selection
Partisan election
Nonpartisan election
Michigan method


External links

Footnotes

  1. National Center for State Courts, "Methods of Judicial Selection: Iowa, Judicial Nominating Commissions," accessed September 17, 2021
  2. 2.0 2.1 2.2 Iowa Judicial Nominating Commissions, "State Judicial Nominating Commission," accessed September 13, 2021
  3. Iowa Legislature, "CHAPTER 46, 46.1 and 46.2," accessed September 13, 2021
  4. 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 National Center for State Courts, "Methods of Judicial Selection: Iowa," September 13, 2021
  5. 5.0 5.1 5.2 Iowa Legislature, "Judicial Retirement System," updated September 2015
  6. 6.0 6.1 Iowa Judicial Nominating Commissions, "District Judicial Nominating Commissions," accessed September 16, 2021
  7. Iowa Judicial Nominating Commissions, "Serve on a Commission," accessed September 16, 2021
  8. 8.0 8.1 National Center for State Courts, "History of Reform Efforts: Iowa, Formal Changes Since Inception," archived December 3, 2011
  9. 9.0 9.1 Iowa Publications Online, "Iowa Judicial Branch," accessed September 17, 2021
  10. Iowa Judicial Branch, "Juvenile Court," accessed March 10, 2021
  11. Iowa Judicial Nomination Commissions, "Magistrate Appointing Commissions," accessed September 17, 2021
  12. Iowa Legislature, "Senate File 638," accessed September 16, 2021
  13. Iowa Judicial Nominating Commissions, "Iowa Constitution Amendment of 1962," accessed September 17, 2021
  14. U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
  15. American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021