Litigation

Branstad Talks Judicial Selection; JAS Cited

By Peter Hardin

Iowa Republican Gov. Terry Branstad, who will interview nine finalists for three state Supreme Court openings, says he hasn’t asked such candidates in the past about specific cases and he doesn’t expect to change that now.

Branstad will select individuals for vacancies created when Iowans voted to remove three Supreme Court justices over a unanimous decision that legalized same-sex marriage. The ouster vote has caused  uncertainty for the courts and even a proposal to impeach four remaining justices. Branstad told The Des Moines Register:

“I think at this time, in light of what happened with the court, with the same-sex marriage issue, I really want someone who’s going to help us restore credibility to the judicial branch of government, because I think they’ve lost a lot of credibility. I think there’s a lot of concern among the public about the court overstepping its bounds.”

The governor’s plan to quiz candidates about general philosophy — and not specific cases — is in line with practices of the president and many governors, Justice at Stake Campaign spokesman Charles Hall told the newspaper. Candidates will be recommended to Branstad by a screening commission. He is a former four-term governor.

“Everybody should consider the long-term interest of Iowa’s courts, and that includes the nominating commission,” Hall said. “If they send a slate of candidates that is not philosophically diverse – if they aren’t giving the governor a range of choices that is likely to fit his minimal desires – that has been known to cause strain on the system.”

Branstad said the three justices were dumped because Iowa citizens didn’t have a chance to vote on a constitutional amendment to define marriage as the union between a man and a woman.

“I certainly felt they made a big mistake – and they paid a price for it, obviously – with the same-sex marriage decision,” Branstad said. “But I respect the fact that the justices have to perform their responsibilities and duties. Sometimes I’m going to agree, and sometimes I’m going to disagree with the decisions that they make.”

“But I feel an important obligation and responsibility as the chief executive of the state and the person who does make the appointments, to try and choose the very best people – people who I think share the philosophy of judicial restraint that I think most Iowans believe the courts should exercise.”

To learn more about the Iowa controversy, check out Gavel Grab.

Full post as published by The Gavel on January 24, 2011 (boomark / email).