Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

1. A seven-member “Commission on Judicial Qualifications” is established. The commission consists of one district judge and two members who are practicing attorneys in Iowa and who do not belong to the same political party, to be appointed by the chief justice; and four electors …

A quorum of the commission is four members. Only those commission members that are present at commission meetings or hearings may vote. An application by the commission to the supreme court to retire, discipline, or remove a judicial officer, or discipline or remove an employee o…

1. Charges before the commission shall be in writing but may be simple and informal. The commission shall investigate each charge as indicated by its gravity. If the charge is groundless, it shall be dismissed by the commission. If the charge appears to be substantiated but does …

The commission shall prescribe rules for its operation and procedure. 83 Acts, ch 186, §3105, 10201 See Iowa Ct.R., ch 52

1. If the commission submits an application to the supreme court to retire, discipline, or remove a judicial officer or to discipline or remove an employee of the judicial branch, the commission shall promptly file in the supreme court a transcript of the hearing before the commi…

The making of charges before the commission, the giving of evidence or information before the commission or to an investigator or legal counsel employed by the commission, and the presentation of transcripts, extensions of evidence, briefs, and arguments in the supreme court are …

Judicial officers may be removed from office by impeachment pursuant to chapter 68 . 83 Acts, ch 186, §3201, 10201

Judicial officer appointment — delay. 1. Notwithstanding section 46.12 , the chief justice may order the state commissioner of elections to delay, for budgetary reasons, the sending of a notification to the proper judicial nominating commission that a vacancy in the supreme court…

1. A five-member board of examiners of shorthand reporters is established, consisting of three certified shorthand reporters and two persons who are not certified shorthand reporters and who shall represent the general public. Members shall be appointed by the supreme court. A ce…

Appointments shall be for three-year terms and each term shall commence on July 1 of the year in which the appointment is made. Vacancies shall be filled for the unexpired term by appointment by the supreme court. Members shall serve a maximum of three terms or nine years, whiche…

The public members of the board may participate in administrative, clerical, or ministerial functions incident to giving the examination, but shall not determine the content of the examination or determine the correctness of the answers. 83 Acts, ch 186, §4103, 10201

The board of examiners shall fix stated times for the examination of the candidates and shall hold at least one meeting each year at the seat of government. A majority of the members of the board constitutes a quorum. 83 Acts, ch 186, §4104, 10201

Applications for certification shall be on forms prescribed and furnished by the board and the board shall not require that the application contain a photograph of the applicant. An applicant shall not be denied certification because of age, citizenship, sex, race, religion, mari…

1. The supreme court shall set the fee for certification examinations. The fee shall be based on the annual cost of administering the examinations and upon the administrative costs of sustaining the board, which shall include but shall not be limited to the cost for per diem, exp…

The board may administer as many examinations per year as necessary, but shall administer at least one examination per year. The scope of the examinations and the methods of procedure shall be prescribed by the board. A written examination may be conducted by representatives of t…

The board may issue a certificate to a person of good moral character and fitness who makes application on a form prescribed and furnished by the board and who satisfies the education, experience, and examination requirements of this article and rules prescribed by the supreme co…

A person shall not engage in the profession of shorthand reporting unless the person is certified pursuant to this chapter , or otherwise exempted pursuant to section 602.6603, subsection 3 . Only a person who is certified by the board may assume the title of certified shorthand …

Certified shorthand reporters are entitled to receive compensation for transcribing their official notes as set by rule of the supreme court, to be paid for in all cases by the party ordering the transcription. 83 Acts, ch 186, §4202, 10201 Referred to in §602.1502 Fees; see R.Ap…

A certification may be revoked or suspended if the person is guilty of any of the following acts or offenses: 1. Fraud in procuring a license. 2. Professional incompetency. 3. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of shortha…

A certified shorthand reporter taking a deposition, or any other person with whom the certified shorthand reporter has a principal-agent or employer-employee relationship, shall not enter into an agreement for reporting services that requires the certified shorthand reporter to r…

1. Except as provided in subsection 2 or 3 , a certified shorthand reporter’s audio and video recordings used solely for the purpose of providing a verbatim written transcript of a court proceeding or a proceeding conducted in anticipation of use in a court proceeding shall be co…

If a person’s certification as a shorthand reporter is placed in exempt status, the person may transcribe or certify a proceeding the person reported while certified as an active shorthand reporter. A person transcribing or certifying a proceeding pursuant to this section shall r…

1. A member of the board shall not disclose information relating to the following: a. Criminal history or prior misconduct of the applicant. b. The contents of the examination. c. Examination results other than final scores except for information about the results of an examinati…

A person who violates any provision of this article is guilty of a simple misdemeanor. 83 Acts, ch 186, §4302, 10201

1. The supreme court consists of seven justices. A majority of the justices sitting constitutes a quorum, but fewer than three justices is not a quorum. 2. Justices of the supreme court shall be nominated and appointed and shall stand for retention in office as provided in chapte…

1. The supreme court has appellate jurisdiction only in cases in chancery, and constitutes a court for the correction of errors at law. The jurisdiction of the supreme court is coextensive with the state. 2. A civil or criminal action or special proceeding filed with the supreme …

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 ma…

1. The supreme court may be divided into divisions of three or more justices in the manner it prescribes by rule. The divisions may hold open court separately and cases may be submitted to each division separately, in accordance with these rules. 2. The supreme court shall prescr…

The supreme court shall hold court at the seat of state government and elsewhere as the court orders, and at the times the court orders. 83 Acts, ch 186, §5105, 10201

1. The decisions of the court on all questions passed upon by it, including motions and points of practice, shall be specifically stated, and shall be accompanied with an opinion upon those which are deemed of sufficient importance, together with any dissents, which dissents may …

When the supreme court is equally divided in opinion, the judgment of the court below shall stand affirmed, but the decision of the supreme court is of no further force or authority. Opinions may be filed in these cases. 83 Acts, ch 186, §5107, 10201

The court may require the attendance and services of the sheriff of Polk county at any time. 83 Acts, ch 186, §5108, 10201

1. The supreme court may prescribe all rules of pleading, practice, evidence, and procedure, and the forms of process, writs, and notices, for all proceedings in all courts of this state, for the purposes of simplifying the proceedings and promoting the speedy determination of li…

1. The supreme court shall submit a rule or form prescribed by the supreme court under section 602.4201, subsection 3 , or pursuant to any other rulemaking authority specifically made subject to this section to the legislative council and shall at the same time report the rule or…

1. The supreme court shall appoint a clerk of the supreme court and may remove the clerk for cause. 2. The clerk of the supreme court shall have an office at the seat of government, shall keep a complete record of the proceedings of the court, and shall not allow an opinion filed…

1. The clerk of the supreme court may appoint a deputy clerk of the supreme court. In the absence or disability of the clerk, the deputy shall perform the duties of the clerk. 2. The clerk of the supreme court may employ necessary staff, as authorized by the supreme court. 83 Act…

1. The supreme court shall by rule prescribe fees for the services of the court and clerk of the supreme court. 2. If any of the fees are not paid in advance, execution may issue for them, except for fees payable by the county or the state. 83 Acts, ch 186, §5303, 10201 ; 98 Acts…

1. The supreme court may appoint attorneys or graduates of a reputable law school to act as legal assistants to the justices of the supreme court. 2. The supreme court may employ other professional and clerical staff as necessary to accomplish the judicial duties of the court. 83…

A justice of the supreme court may choose whether to reside at the seat of government or elsewhere. The court administrator may approve necessary travel and actual expenses, incurred by a justice of the supreme court for attendance at oral arguments and judicial conferences, not …

The Iowa court of appeals is established as an intermediate court of appeals. The court of appeals is a court of record. 83 Acts, ch 186, §6101, 10201

1. The court of appeals consists of nine judges; three judges of the court of appeals constitute a quorum. 2. Judges of the court of appeals shall be nominated and appointed and shall stand for retention in office as provided in chapter 46 . Judges of the court of appeals shall q…

1. The jurisdiction of the court of appeals is coextensive with the state. The court of appeals has appellate jurisdiction only in cases in chancery, and constitutes a court for the correction of errors at law. 2. The court of appeals has subject matter jurisdiction to review the…

The court of appeals shall meet at the seat of state government and elsewhere as the court orders, and at the times specified by order of the court. 83 Acts, ch 186, §6104, 10201 ; 99 Acts, ch 144, §6

1. At the first meeting in each odd-numbered year the judges of the court of appeals by majority vote shall designate one judge as chief judge, to serve for a two-year term. A vacancy in the office of chief judge shall be filled for the remainder of the unexpired term by majority…

1. The court of appeals may affirm, modify, vacate, set aside, or reverse any judgment, order, or decree of the district court or other tribunal which is under the jurisdiction of the court, and may remand the cause and direct the entry of an appropriate judgment, order, or decre…

The court of appeals, subject to the approval of the supreme court, may prescribe rules for the conduct of business of the court of appeals. Rules prescribed shall not abridge, enlarge, or modify a substantive right. 83 Acts, ch 186, §6107, 10201