Litigation

IA Courts on ?Slippery Slope??

By Peter Hardin

Iowa’s court system is facing a “slippery slope” toward an unknown future, given the introduction of campaign cash and partisan politics in the controversial retention elections of three state Supreme Court justices.

That was the warning sounded by defenders of Iowa’s merit-based system for selecting judges as they responded to paid advertising launched to push for ouster of the justices (see Gavel Grab). Iowa for Freedom, which recently initiated a TV ad, is unhappy with the high court’s decision legalizing same-sex marriage in the state.

It’s the first time in almost five decades that Iowans have seen an effort to oust judges from the bench this way, with spending of sizable sums, lawyers Norbert Kaut and Bob Rafferty of Iowans for Fair and Impartial Courts told a Rotary Club gathering, according to a Quad-City Times article.

?The present situation presents risks and opportunities for Iowa. The outcome may harm or enhance Iowa?s reputation for fair and impartial courts and a stable legal and business environment,? Kaut cautioned. ?The outcome may have long-term effects or they may be short-lived. We can?t tell. It?s really unprecedented what?s happening right now.?

Kaut also noted concern about the impact on the state’s business climate.

?We should be deeply concerned about the precedent this might set for Iowa business,? he said. ?In those states (where judges are elected), businesses have a difficult time predicting the legal climate of a state which can swing with each election. Interested parties in those states feel compelled to contribute out of concern that the courts will become partial toward those parties that do contribute.?

Another sponsor of the TV ad was the National Organization for Marriage. A Washington Independent article examines the group’s funding, including $1.4 million in 2009 from the Knights of Columbus, a Catholic group.

To learn more about merit selection of judges, check out Justice at Stake?s issues page on the topic. To learn more about the current controversy in Iowa, visit the JAS page for Iowa news.

Full post as published by The Gavel on September 20, 2010 (boomark / email).