Iowa's judicial system selects judges through a merit selection process where judicial nominating commissions identify nominees for the governor to choose from. Judges then stand for retention elections every 6-8 years. There are concerns that moving back to an electoral system could impact judicial independence through increased fundraising, campaign finance issues, and a lack of qualified candidates. The US Supreme Court has also ruled that elections influencing court decisions, like large campaign donations to a judge later ruling on that donor's case, can deny citizens due process.

1. IOWA’S JUDICIAL SYSTEM
Where do Judges/Justices come from?*
© Victoria L. Herring, 2011
*other than their mom
Tuesday, March 15, 2011

2. What are Courts for anyway?
Dispute resolution; an alternative to fists & guns
To protect individual rights by enforcing the
Constitution and laws, even against the force of the
majority.
Balance the power of the Executive & Legislative
branches of government, federal and state.
Created by Constitutions and empowered by statutes
Types of Courts
States [Iowa]: Appellate, Trial/District, ‘lower’ [small
claims, juvenile, etc.]
Federal: District Courts, Circuit Courts [8th] &
Supreme Court
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

3. Why does it matter to me?
what third party should decide disputes?
who should sentence criminals?
who should award damages or other relief?
what do you want in a person selected to decide
something important to you?
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

4. How are Judges selected for the Court?
In Iowa, judicial nominating commissions [lawyers elected, Gov.
appointed members; both groups gender balanced] identify nominees,
interview and send 3 nominees to the Governor to select from.
Iowa Constitutional provision from 1962 to date - “merit selection” -
Article V, Ch. 46 of Iowa Code
There are 7 Supreme Court Justices, 9 Court of Appeals judges and
116 District Court judges.
Gender/Racial balance? Most Iowa judges are white males; ~ 240,
~50 women incl. 2 minority females, several minority male judges.
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

5. What other ways are there of selecting judges?
Election: Partisan, Non Partisan or a mix
Gubernatorial Appointment, sometimes with
commission or legislative consent
Legislative Appointment
http://www.judicialselection.us -
American Judicature Society
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

6. What if the judge needs to be removed, or evaluated
and retained? Different states, different processes:
Service to age 70 or life, no review [without cause]
Service for a term and subject to retention election,
gubernatorial nomination, legislative reelection
Removal for cause: legislative impeachment,
judicial commission inquiry and court, by the
supreme court, by the Governor, by recall election
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

7. In Iowa, how are judges removed from office?
Each judge stands for a retention election at the
next election after his/her taking office and every 6
or 8 years after that, to age 72.
Commission on Judicial Qualifications can
investigate and recommend action to Supreme
Court
Judges may be impeached by House & convicted
by Senate
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

8. Lawyer members Citizen appointees
Judicial Nominating Commission
Receives applications and conducts interviews
3 Nominees for each judgeship
30 days
Governor
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

9. Retention Election in Iowa: next general election
after 1 year in office by 50% + 1 of voting public.
Every 6 or 8 years after initial retention election, the
judge comes up for another retention election. Must
receive majority of votes, yes/no.
In 2010: 3 Supreme Court justices removed and a
Constitutional Convention was rejected by voters.
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

10. What if we moved ‘back’ to an electoral selection
system of campaigns for judgeships?
Fundraising?
Campaign finance/ethics issues
Independent Judiciary?
Lack of qualified candidates and judges
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

11. Caperton v. Massey: Harman Coal was forced into bankruptcy by Massey
Energy because from 1993-98 it prevented doing business. Harmon sued
Massey and won $50 million from a jury in 2002. In 2004, while appealing
the judgment, Massey CEO Don Blankenship spent $3 million [60% of his
campaign expense] on an independent campaign to back lawyer Brent D.
Benjamin’s campaign for the W.Va. Supreme Court. He won and sat on the
court, refused to recuse himself and was the deciding vote in a 2007
decision overturning the verdict. In the Supreme Court this was called an
exceptional case and a denial of due process.
© Victoria L. Herring, 2011
Tuesday, March 15, 2011

12. FURTHER RESOURCES
http://www.judicialselection.us - American Judicature Society
http://www.justicenotpolitics.org - Justice Not Politics
http://www.justiceatstake.org - Justice at Stake
http://www.brennancenter.org - Brennan Center for Justice
http://www.lwvia.org/ - Iowa League of Women Voters
http://iabar.net/ - Iowa State Bar Association
http://www.ncsc.org - National Center for State Courts
http://www.iowacourts.gov - Iowa Judicial Branch
© Victoria L. Herring, 2011
Tuesday, March 15, 2011