Tag Archives: State: Iowa

Globe Gazette: A decade of budget-cutting has left Iowa’s court system crippled, and another round of reductions would threaten the quality of justice delivered in the state, Chief Justice Mark S. Cady warned lawmakers on Wednesday.

NYTimes.com: “It’s gotten to the point where the law school’s diversity efforts are to eliminate everyone from the mainstream,” he said. “They espouse cultural diversity but won’t consider the conservative viewpoint.”

Cleveland-Marshall College of Law: In the November 2010 elections, three sitting Iowa Supreme Court justices were ousted as a result of the court’s unanimous ruling in Varnum v. Brien. The Varnum decision struck down, on equal protection grounds, a state statute limiting marriage rights to a union between a man and a woman. The conference seeks to examine the effect the ouster may have on judicial independence as well as its effect on future efforts to challenge, in state courts, laws that prohibit marriage for same-sex couples and to advance other civil rights for LGBT persons through state court litigation

Press-Citizen.com: “Tonight, the ACLU of Iowa is presenting the 2011 Louise Noun Award to these three former justices, Marsha Ternus, David Baker and Michael Streit. They were removed from the bench because they acted like true professionals. They courageously performed the job we hired them to do, even when they knew they might be fired as a result.”

Des Moines Register: Alons additionally said he is encouraged by Paulsen’s comments because the Speaker also said he agrees with much of the reasoning behind the impeachment resolutions. “I just want to remind people that this is not dead. It will be in committee and there are a lot of folks that want this to move forward,” Alons said, noting a Web site where people can sign a petition for impeachment: www.commonsenseia.org

“It’s time we start focusing on our constitution,” said Rep. Tom Shaw, R-Laurens, one of five lawmakers who filed the impeachment resolutions Thursday in the Iowa House. “The Supreme Court is granting itself power where no power exists. The power exists in the Legislature.”

USA Today: Potential GOP presidential candidate Michele Bachmann saluted conservative Iowa voters yesterday, praising them for ousting three state Supreme Court judges involved in legalizing gay marriage.

Washington Independent: “He said at the time he hoped the Internal Revenue Service would come after him for violating his church’s tax exempt status. The church also participated in last year’s Pulpit Freedom Sunday, a national effort organized by the conservative Alliance Defense Fund aimed at convincing pastors to endorse political candidates from the pulpit in violation of tax code. ”

WCFCourier.com: Gov. Terry Branstad picked Zager, Iowa Court of Appeals Judge Edward Mansfield of Des Moines and private attorney Thomas Waterman of Pleasant Valley to replace three Supreme Court Justices who were voted out during November retention elections because of a ruling on same-sex marriage.

Quad-City Times: The only way you can impeach a Supreme Court justice is by a charge of malfeasance,” he said, adding that in his opinion, that justices are guilty of that if they go beyond their constitutional limits. One of the justices, David Wiggins, is up for a vote to retain in 2012, Vander Plaats said. Justices Brent Appel, Darryl Hecht and Chief Justice Mark Cady are up for retention in 2016, he added.

The court has lost credibility with the people of Iowa, and doing ‘Van and Bonnie’ or giving away free pizza, whatever they might do, is not going to change that,” he said.

One News Now: State Representative Dwayne Alons submitted two bills to change the system. “The first one would be to do more of a selection process like the federal model,” he describes, “where the governor would select a name to fill a vacancy on the appellate court as well as the district courts. And then the Senate would confirm with a super majority — two-third’s vote.” . . . The second bill would establish a term limit for judges, plus a retention vote by the public.

The NY Times has titled its piece: The Road to the White House Is Paved With Pizza

Des Moines Register: “Gov. Terry Branstad has appointed a lawyer to the Iowa Judicial Nominating Commission who is suing the commission on behalf of several Iowans. Branstad chose William R. Gustoff of Des Moines to serve on the commission, which selects the finalists for vacancies on the Iowa Court of Appeals and Iowa Supreme Court.”

Fox News video is here. The Speaker also discusses various issues associated with the upcoming Presidential election.

“Late last week, the Kansas state House of Representatives passed a law that would change the way the state selects its appeals court judges, scaling back a system that has given disproportionate power to lawyers and pushed state courts to the left.”

GlobeGazette.com: “With the Iowa Supreme Court set to return to its full complement of seven members, some are wondering whether efforts to oust justices who supported a gay marriage ruling will resume.”

Citizen Link: “Gary Marx of the Judicial Crisis Network has details here and here. Apparently these nominees are judicial liberals and proud of it. Marx quotes from the application of the only female to be presented by the nominating commission to the governor . . . ”

Des Moines Register: “County recorders would be prohibited from issuing marriage licenses to same-sex couples and the Iowa Supreme Court would be unable to rule on the issue under a new bill sponsored by six conservative House Republicans. House File 330 . . . ”

KCAUTV.com (includes video): “Three years ago judge Robert Hanson of Des Moines ruled in favor of six same–sex couples who were refused marriage licenses, a ruling that was upheld unanimously by the Iowa Supreme Court and also led to some big changes in the court.”

Iowa Independent: “House Republicans have answered Branstad’s wish with House Joint Resolution 12, which would throw out the current judicial selection method and replace it with the federal system.”

Des Moines Register: “Iowa will be one of only three states without a female justice on its supreme court if Gov. Terry Branstad decidees not to select the sole woman in the pool of nine finalists for the bench.”

Cady said it was “devastating” to watch the results come in showing then-Chief Justice Marsha Ternus and Justices Baker and Michael Streit. But he said he also believed the court was doing its job by striking down the state’s 10-year-old ban on gay marriage. “I’ve not had any second doubts about Varnum v. Brien,” Cady said.

Sioux City Journal: The petition urges lawmakers “to end any conversation about impeaching Supreme Court justices,” she said. The signers of the online petition “believe it’s a waste of time to be talking about impeachment. It’s not an appropriate action to be considering.” Ever since voters ousted Chief Justice Marsha Ternus and two other justices in November, social conservatives have been talking of impeaching the four remaining members who concurred in the unanimous 2009 Varnum v. Brien decision that struck down the state’s ban on same-sex marriage.

Chicago Tribune: “Gay rights advocates delivered petitions with 3,248 signatures to House Speaker Kraig Paulsen’s office urging him to resist efforts to impeach the remaining four justices on the Iowa Supreme Court.”

Des Moines Register: “The list of nine finalists for the court includes five judges, three private attorneys and a University of Iowa law professor. Scholars and court-watchers say the group reflects a mix of legal experience from trial and appellate courts, academia and judgeships.”

“Gov. Terry Branstad is planning an hour-long interview with each of the nine nominees for three seats on the Iowa Supreme Court, but said he doesn’t intend to ask them about the case that created those vacancies.”

Des Moines Register: “Onwuachi-Willig, who joined the law school faculty in 2006, told the state judicial nominating commission Tuesday that she had not yet finished the process for joining the Iowa bar, but was close.”

Des Moines Register: “Some members of the state panel that nominates finalists to the Iowa Supreme Court suggested this week they will consider applicants from outside the Des Moines area as a way to add geographic diversity to the bench.”

Des Moines Register: “Conservative activist and former gubernatorial candidate Bob Vander Plaats spoke to a group of county residents last week about galvanizing conservative momentum, encouraging the four remaining state Supreme Court justices to resign, and recommending political leaders begin impeachment proceedings if the justices don’t resign.”

The Des Moines Register carries a lengthy video interview with the governor.

Des Moines Register: “A federal judge has tossed a lawsuit that claimed lawyer members of the state group that nominates people to become Iowa Supreme Court justices should be chosen by voters.”

Des Moines Register: “The Iowa Supreme Court’s four justices, who face an increased workload after voters ousted three colleagues, will release their first batch of opinions in 2011 in February. In a typical January, the court releases between eight and 10 rulings, said Iowa state courts spokesman Steve Davis. The court is scheduled to release a round of opinions on Feb. 3.”

Radio Iowa: “The chief justice of the Iowa Supreme Court has agreed to meet with one of the state’s leading critics of the court’s gay marriage ruling. Chuck Hurley of a group that recently changed its name to The FAMiLY Leader says he’ll ask the chief justice to ‘pray and search his heart’ and Hurley says he’s confident the justice will then resign.”

“Absolutely not. That decision was crafted with all of the energy, all of the strength — everything that we do as judges is in that opinion,” Cady said. “Everything that Iowa is about is in that opinion.”

Des Moines Register: “The Iowa Supreme Court held oral arguments Thursday for the first time since three of its members were voted out of office.”

Des Moines Register: The former Republican candidate for governor insisted his 11-week statewide tour isn’t intended to focus solely on same-sex marriage. The purpose is to introduce Iowans to the Family Leader – a new umbrella advocacy group that Vander Plaats leads and that includes the Iowa Family Policy Center – and to build statewide support for all “pro-family” government policies, from restricting abortion to fostering economic growth to limiting government, he said.

Des Moines Register: “Rep. Rich Anderson, R-Clarinda, said he personally believes that the justices’ actions in issuing a ruling that in effect legalized same-sex marriage do not meet the standard for impeachment spelled out in the Iowa Constitution: ‘misdemeanor or malfeasance in office.’ The court ruled that an Iowa law limiting marriage to a man and a woman was unconstitutional.”

Des Moines Register: “Iowa Supreme Court Justice Mark Cady warned lawmakers today that attacks on the judiciary based on misunderstandings poses a threat to the checks-and-balances system that protects individual rights.” | More from the Sioux City Register here.

Chicago Tribune: “Iowa Supreme Court Chief Justice Mark Cady says justices realized they would unleash a fury when they struck down a law in 2009 banning same-sex marriage.”

New York Times Editorial: “It is unlikely that Iowa’s Democratic-controlled Senate would go along with removing the judges, but an impeachment trial would be disruptive and intentionally intimidating. The nation’s democracy and cherished rights rely on keeping court decision-making above the fickle tugs of ordinary politics. Ousting judges to register disagreement with a particular court decision is a dangerous road to go down.”

Des Moines Register: “Sixty-one people – including two who have spoken publicly about gay marriage – have applied to replace the three Iowa Supreme Court justices who were voted off the bench in November.”

“Some Republicans said afterward they felt more passionate about removing the remaining Supreme Court justices because of Cady’s speech.”

Washington Post: “For more than 200 years, a safety barrier has protected our nation’s courts and our democracy. No matter how controversial the case or unpopular the ruling, no state or federal judge has been impeached for an opinion issued from the bench . . . Impeachments of judges were not designed as a tool for this kind of political disagreement, and the reason is essential to our democracy. If courts can’t make tough calls, they won’t be able to uphold the Constitution and protect our rights.”

Chicago Tribune: “A key Republican legislative leader said Friday that no decision has been made on whether lawmakers will try to impeach the remaining four justices on the Iowa Supreme Court, but if they do, a top Democrat promised ‘a fight of epic proportions.’”

“Impeachment would be ‘beyond the realm of reasonableness,’ State Rep. Kevin McCarthy, D-Des Moines, told The Cedar Rapids Gazette Editorial Board on Friday.”

Des Moines Register: “A conservative group that wants to change the way Iowa Supreme Court justices are selected argued Thursday that seven lawyer members on the panel that picks finalists should be directly elected by voters.”

Iowa Independent: “Bob Vander Plaats, a three-time GOP gubernatorial candidate who now leads the latest reincarnation of the Iowa Family Policy Center’s political action arm — The Family Leader – said that ‘as a basketball coach, he was always interested in momentum’ and ‘knew it was important’ to ‘capture on that momentum and seize on that momentum, if you hoped to win the basketball game.’”

“Gov.-elect Terry Branstad says he doesn’t believe an effort to impeach four remaining Iowa Supreme Court justices over a gay-marriage ruling is the appropriate remedy. Instead, he says people should have a chance to vote them out when they come up for retention.”

“Bob Vander Plaats and three newly elected state legislators are absolutely wrong to call for the resignation or impeachment of Iowa’s Supreme Court justices. Fellow legislators should refuse to support these views.”

Globe Gazette: “My issue with all of this is not being for or against same-sex marriages. It’s with people who stomp on the Constitution and on state law when they don’t get their way.”

“As long as the Iowa Supreme Court is comprised of justices that abuse their authority, the credibility of our court will be compromised.”

“Justice Cady should use his speech to outline a plan for the remaining four Iowa Supreme Court justices to resign in a responsible fashion.”

“Governor-elect Terry Branstad will not comment on news that three Republicans who’ve been elected to the Iowa House plan to try to impeach the four remaining Iowa Supreme Court Justices.”

“Incoming House Majority Leader Linda Upmeyer says she’s not making any decision yet on whether a measure to bring impeachment charges against the four remaining Iowa Supreme Court justices will be debated in the upcoming legislative session.”

“On December 9, the Bopp law firm of Indiana filed a lawsuit in U.S. District Court on behalf of four Iowa residents, arguing that Iowa’s current ‘Missouri Plan’ method of selecting judges is unconstitutional because citizens are not allowed to directly vote for the judges.”

“Lawyers who contend the Nov. 2 retention vote was unconstitutional said this morning that they will drop their push to temporarily prevent the justices from leaving office.”

Des Moines Register: “A Polk County judge has declined to hear a legal challenge to last month’s judicial retention vote to avoid the appearance that he has a conflict of interest.”

“If the people of Iowa demand that the remaining four justices on the state Supreme Court be impeached, Speaker-elect Kraig Paulsen (R-Hiawatha) said Wednesday he would not stand in the way . . . . . . State Sen. Kent Sorenson (R-Indianola) said Monday that he will also push for impeachment proceedings.”

“The nominating commission that selects finalists for the Iowa Supreme Court announced a call for applicants this week to fill spots that opened with the ouster of David Baker, Michael Streit and Chief Justice Marsha Ternus. The search is proceeding despite a federal lawsuit filed last week . . . ”

Des Moines Register: “Three lawyers who challenged the results of Iowa’s Supreme Court retention vote could have raised questions about the ballot before the election, a Drake University law professor said Wednesday. Because they didn’t, the lawyers will most likely have difficulty proving their case, the professor and other legal scholars said.”

“The retention vote in which three Iowa Supreme Court justices were ousted was illegal, according to a lawsuit seeking to keep the three justices from being tossed from the bench.”

Missouri Lawyers Media [AP]: “Four Iowa residents filed a federal lawsuit Wednesday that notes since they are not attorneys they have no role in selecting the seven commissioners, who are lawyers elected through the Iowa State Bar Association. The lawsuit claims the selection system gives lawyers too much influence and is unconstitutional as a result.”

James Madison Center for Free Speech press release can be found here.

“The time line set forth today to pick three replacement justices for the Iowa Supreme Court officially eliminates the possibility that outgoing Gov. Chet Culver could make the appointments.”

“The Iowa State Bar Association continues to fully support Iowa’s system of merit selection of judges and the current form of the State Judicial Nominating Commission.”

Todd E. Pettys, Letter from Iowa: Same-Sex Marriage and the Ouster of Three Justices (December 6, 2010). Kansas Law Review, Forthcoming; U Iowa Legal Studies Research Paper No. 10-39. Available at SSRN: http://ssrn.com/abstract=1721158

“In this contribution to a symposium sponsored by the Kansas Law Review, I examine the path from the Iowa Supreme Court’s 2009 ruling in Varnum v. Brien (in which the court struck down the state’s ban on same-sex marriage) to the ouster of three of the court’s seven justices in Iowa’s 2010 judicial retention election. I describe the campaign efforts of the justices’ detractors and supporters. I then suggest a number of lessons that academics, activists, and judges nationwide can learn from the Iowa experience.”

Four Iowa voters filed suit yesterday in federal court to stop the dominating influence of attorneys over the system for selecting state judges in Iowa, arguing that this influence denies ordinary Iowa voters an equal voice in selecting justices for the Iowa Supreme Court.

The ACLU statement and a condemnation of Vander Plaats is available at the Des Moines Register.

“Bob Vander Plaats, who led the effort to oust three Iowa Supreme Court justices in last month’s election because of a ruling that legalized gay marriage in Iowa, called Tuesday for the remaining four justices who took part in that unanimous decision to step down.”

The American Independent: “As The Iowa Independent previously reported, several out-of-state groups — New Jersey-based National Organization for Marriage, Mississippi-based American Family Association, Washington, D.C.-based Family Research Council, Washington, D.C.-based Citizens United Political Victory Fund, Georgia-based Faith & Freedom Coalition and Arizona-based Alliance Defense Fund — spent nearly $1 million to defeat the Iowa justices and provided unsolicited materials directly to Iowa churches in an effort to influence congregations across the state.”

” . . . 12 members of the current state nominating commission are registered Democrats, one is a Republican, and one member’s party is unknown.”

San Francisco Chronicle: “California’s retiring chief justice said Wednesday that Iowa voters’ removal of three state justices over their decision to legalize same-sex marriage suggests it’s time to scrap elections for state high courts.”

Iowa Independent: “Five out-of-state organizations spent $948,355 . . . Arizona-based Alliance Defense Fund and one of its affiliates, the Texas-based Liberty Institute, offered free legal representation to any church who openly violated federal tax law by advocating for the removal of the judges from the pulpit. Federal tax law forbids 501(c)3 organizations, including churches, from intervening in elections in support of or opposition to any candidate.”

Politico: “Mike Huckabee says the ouster of three Iowa Supreme Court justices who in 2009 helped pave the way for same-sex marriage in the state shows that ‘people are sick to death of one branch of government thinking it is more powerful than the other two put together.’”

Eugene Volokh writing at The Volokh Conspiracy: “Of course, this vote doesn’t undo the Iowa Supreme Court’s decision; and one question is why the opponents of the decision didn’t try to undo it via constitutional amendment. Amending the Iowa Constitution isn’t easy, but it’s not that hard — certainly not as hard as amending the U.S. Constitution would be.”