Litigation

Concern Voiced for IA Judicial Independence

By Peter Hardin

Some legal experts are warning that judicial independence would be compromised if lawmakers launch an effort to impeach four remaining Iowa Supreme Court justices.

Last week, news reports surfaced (see Gavel Grab) that three state House Republicans were preparing legislation that could result in impeachment for Justices Mark Cady, David Wiggins, Daryl Hecht and Brent Appel, if it were to gain enough support to succeed.

Mark Kende of the Drake University Constitutional Law Center said an impeachment attempt would amount to a major abuse of power if there was no evidence  of malfeasance or corruption, according to a Des Moines Register article.

“If one disagrees with a court decision, it is absolutely not a justification for impeachment,” Kende told the newspaper. He added:

“If that was, it would completely undermine the idea of an independent judiciary. Imagine if you didn’t agree with your legislator’s policy decisions. Could you impeach them? Impeachment isn’t about disagreeing with a court or policy decision. It’s something involving serious misconduct.”

Under Iowa?s Constitution, a justice can be impeached ?for any misdemeanor or malfeasance in office.? On Election Day, Iowans cast a historic vote to deny another term to three justices, responding to a 2009 decision by the high court that unanimously legalized same-sex marriages. Some critics have contended the remaining four justices should resign, or be impeached.

According to a special edition of Gavel to Gavel, a publication of the National Center for State Courts, “The last decade has seen a dramatic increase in not only the threats to impeach state court judges because of their decisions, but the actual drafting of legislation to that effect. Legislatures are not even in session, yet two additional efforts are already underway in Iowa and Oklahoma.” The center is a partner of Justice at Stake.

The Iowa Constitution gives the House the power of impeachment for Iowa Supreme Court justices. If impeached, a justice is  tried by the Senate, and it takes a vote by two-thirds of those senators present to convict.

Republicans command a 20-seat House majority in Iowa. The Senate is controlled by Democrats, with 26 seats, compared to Republicans, with 24 seats.

Newly elected state House member Kim Pearson, a leader of the impeachment effort, said the remaining justices deserve impeachment. Their decision overstepped their authority and violated the Iowa constitution, Pearson contended.

Democratic Gov. Chet Culver, who was defeated in November, warned against attempts to remove judges in response to controversial rulings on a single issue.

“I believe it’s a pretty slippery slope if we start making these decisions based on one decision at a time,” Culver said. He also said  intense public interest in the gay marriage issue likely played a role in his defeat to a Republican challenger, Terry Branstad.

Meanwhile Bob Vander Plaats, a leader of the ouster drive, called in a Des Moines Register column for the four remaining justices to resign. “If, in humble respect for the people of Iowa – and a desire to restore dignity to the judiciary and honor the constitutional separation of powers – they step down in an orderly fashion, broken trust will begin to mend,” he wrote.

An editorial in the Fort Dodge Messenger, however, warned that Iowa’s merit-based judicial selection system now “faces a crisis.” It directed fire at Vander Plaats:

“By turning judicial appointments and retention votes into forums in which to champion political points of view, Vander Plaats and his supporters are in danger of destroying the integrity of this state’s courts. That must not be allowed to take place.

“The Messenger urges the remaining Supreme Court justices to ignore a cynical political opportunist’s urging that they resign. They did their job properly and should stay in place. The Judicial Nominating Commission and Gov.-elect Branstad should likewise make it clear that their commitment to keeping Iowa’s courts out of politics is firm and will remain so.”

Full post as published by The Gavel on December 20, 2010 (boomark / email).