Litigation

IA Judicial Ouster Effort Ramps Up

By Peter Hardin

A former candidate for Iowa governor, Republican Bob Vander Plaats, has announced he will lead an effort to oust three state Supreme Court justices in retention (up-or-down) elections this fall.

In response, the Des Moines-based American Judicature Society (AJS) cautioned, “Iowa?s courts are among the best in the nation, and they should remain free from political pressure.”

Vander Plaats’ bid is part of the fight over gay marriage in Iowa, according to a Radio Iowa report, and the politician said he reached his decision when a federal judge ruled that California’s Proposition 8 ban on same-sex marriages is illegal (see Gavel Grab).

Last year, Iowa’s state Supreme Court legalized same-sex marriages in the state.

Meanwhile, a formal group was announced with a mission to unseat the justices. It is called Common Sense PAC.

“I believe this election to unseat these three justices may be, if not one of the most, the most important campaign and election in our country,? a Des Moines Register blog post quoted Vander Plaats as saying. ?If they will do this to marriage, every other one of your freedoms is up for grabs,? he said at a press conference in front of the Iowa State Judicial Building.

AJS, a partner of Justice at Stake, is a non-profit devoted to preserving fair and impartial courts and improving the administration of justice. Its statement Friday warned:

“The campaign by former gubernatorial candidate Bob Vander Plaats and the Common Sense PAC to vote out three Iowa Supreme Court justices threatens to undermine Iowa?s fair and impartial court system. Retention elections should not be hijacked by moneyed politicians and outside interest groups who disagree ideologically with a single decision.”

The group also said that high rankings of Iowa’s judiciary by the U.S. Chamber of Commerce “demonstrate that Iowa?s merit selection system has been effective at promoting fair and impartial courts that encourage a vibrant business community and guarantee equal justice for all Iowans.”

Carolyn Jenison, executive director of One Iowa, a gay marriage advocacy group, said “Iowans do not want politics anywhere near our courts.” Her statement was made available by KCAU-TV.

A former Iowa supreme Court justice, Mark McCormick, voiced concern that the ouster campaign is injecting politics into the judicial branch.

?I?m very disappointed that there would be this misdirected campaign to try to encourage folks to vote ?no? on retention of these three supreme court judges just out of dissatisfaction with one of the many thousands of decisions our supreme court has made over the years,” a Radio Iowa account quoted McCormick as saying.

You can learn more from Gavel Grab about politics and the retention elections this year.

Full post as published by The Gavel on August 06, 2010 (boomark / email).