Litigation

IA Lawsuit Challenges Judicial Ouster Vote

By Peter Hardin

A trio of lawyers is asking a judge to void the ouster vote on Election Day of three Iowa Supreme Court justices. Their challenge appears to face an uphill fight.

The lawyers challenge the historic ouster vote on grounds the Iowa constitution requires judges to seek retention on a different ballot from the election for governor, state lawmakers and other elected officials, according to a Des Moines Register article.

Legal experts quoted by the newspaper questioned the timeliness of the lawsuit, filed this week in Polk County, and whether a judge would grant the “extraordinary remedy” of tossing out an election even if the challenge to the ballot survived.

Republican Secretary of State-elect Matt Schultz said the lawsuit was “clearly an attempt to overturn the voice of the people.”

But lawyer Carlton Salmons, one of the plaintiffs, insisted, “I’m not riding a political horse here… It’s got nothing to do with three Supreme Court justices. I know them, I’ve practiced in front of them. I’m not social with them. I care more about the constitution in this whole horse race than I do anything else.”

A hearing is set for Monday.

Separately, House Speaker-elect Kraig Paulsen said he would not get in the way of Iowans demanded impeachment for the remaining four justices, the Iowa Independent reported.

The jurists who were ousted were up for retention votes in November. They were targeted by social conservatives irate over the state high court’s unanimous ruling in 2009 that declared unconstitutional a ban on same-sex marriage.

The executive direct of One Iowa, a LGBT-rights group, labeled Paulsen’s remarks “reckless.” Carolyn Jenison said, ?Our judges must be free to make their decisions on the merits of the law, without fear of political retribution from those who seek to impose their personal beliefs on others.”

You can learn more about the retention election, and the aftermath, from Gavel Grab.

Full post as published by The Gavel on December 16, 2010 (boomark / email).