Litigation

IA Gov.-elect: Impeachment not ?Appropriate?

By Peter Hardin

Iowa’s incoming Republican governor, after a period of fence-sitting, said he thinks that impeachment of four state Supreme Court justices would not be an “appropriate” fix to correct a controversial same-sex marriage ruling by the court.

“I don’t think that impeachment is the appropriate remedy,? Gov.-elect Terry Branstad said, according to a Sioux City Journal article.

Several state House Republicans have signaled they are drafting impeachment articles that will target four justices who participated in a unanimous ruling that permitted same-sex marriages. Three other justices were on the retention ballot in November and were denied re-election by voters.

Branstad said he believes the court “over-reached” with its decision. Iowa’s Constitution allows for impeachment of a justice in the event of malfeasance in office, or when a misdemeanor is committed. The governor-elect reasoned:

?I think if you look and read the Constitution, which I have, I think it’s pretty obvious. The Constitution says what the grounds for impeachment are. My reading is it’s not there.?

?There’s a difference between malfeasance and over-reaching, I think. I really think that if people look at the Constitution, I think the remedy is that when they come up for retention that people have a chance to vote them out. I think that’s the appropriate remedy. I don’t think that impeachment is the appropriate remedy.?

Justice Not Politics, a group that supports merit selection of judges in Iowa, applauded Branstad’s statement, according to a Des Moines Register article:

?We are pleased that Governor-Elect Terry Branstad recognizes the threat to impeach four State Supreme Court Justices is a dangerous idea with serious consequences. Iowa?s law on impeachment is clear: It is only for officials who violate the law or their oath of office. Impeachment is not a wrecking ball every time we disagree with them on a single decision.”

Meanwhile, an article in the Mason City Globe Gazette was headlined, “Impeachment of justices unlikely.”

House Speaker-elect Kraig Paulsen, a Republican, told the newspaper he hadn’t heard an impeachment message from voters.

“I do not think that one of the messages out of the election was, ?OK, we decided to fire three. Now we expect you guys to fire the other four,’” Paulsen said.

Full post as published by The Gavel on January 04, 2011 (boomark / email).