Litigation

IA Editorial: Defending Judicial Independence

By Peter Hardin

It’s all about undermining independent courts, the Des Moines Register warns in an editorial about an unsuccessful bid for election of state Supreme Court justices, and about linked efforts that are unfolding.

In the legislature (state capitol photo at right), there was an unsuccessful effort to pave the way for a constitutional amendment for direct election of justices. That step signals a broader movement ahead to strip courts of their independence, motivated by a controversial state Supreme Court decision opening the door to same-sex marriage, the editorial asserts:

“It is hard to believe people who are upset about one ruling they dislike – however passionately – would want to create a system that would subject the judiciary to the changing winds of popular sentiment, and risk the gamut of legal rights along with it. Do they really want judges put on the bench by voters who advocate limiting religious freedom, for example? Or taking away property rights? Or outlawing the right of parents to educate children outside public schools?”

The editorial is headlined, “Don’t turn courts into political branch.” It expresses concern about a ballot question allowing citizens to call for a convention to amend Iowa’s constitution, and about campaigns that are expected to seek the unseating of three justices up for retention:

“In other words, Iowa is likely to witness a pitched battle this election season for the soul of the judiciary. Those who want to strip the courts of independence have been heard from. Iowans who disagree should speak up.”

Iowa judges currently are chosen by a merit selection process. The governor appoints judges from a list of candidates provided by a nominating commission; judges later face up-or-down votes in retention elections. You can read about comments by Iowa’s chief justice in an earlier Gavel Grab post, and about appointment-and-retention systems from Justice at Stake’s issues page explaining how they work.

Full post as published by The Gavel on March 01, 2010 (boomark / email).