Litigation

IA Urges Dismissal of Judicial Selection Lawsuit

By Peter Hardin

Iowa is asking a federal court to throw out as “fatally flawed” a  lawsuit challenging part of the state’s merit-selection process for choosing state Supreme Court justices.

The lawsuit challenges the makeup of the commission that screens candidates for Iowa?s Supreme Court and seeks to stop its seven lawyer members from helping to pick finalists to replace three justices whom voters ousted (see Gavel Grab).

Lawyers for Iowa’s government are asking a judge to dismiss the lawsuit, and they contend an adverse ruling would create numerous and severe problems, according to a Des Moines Register article.

Such a ruling could undermine the legitimacy of the four remaining justices; and it could lead to questions about the validity of past court rulings and whether a new system for selecting judges might be mandated by a federal judge, the lawyers maintained.

Oral arguments will be heard Jan. 6 in the case. The challenge  was filed by Indiana-based lawyer James Bopp on behalf of four individual plaintiffs, who say participation by the screening panel’s seven lawyer members (out of 15) is an unconstitutional violation of the plaintiffs? equal protection rights.

The lawsuit states, ?Plaintiffs, because they are not attorneys, are excluded from the elections of the Elective members and have no say whatsoever in their selection.?

It was filed after Iowans voted in November to deny reelection to three state Supreme Court justices who were on the ballot; along with the other four justices, they had joined in a unanimous ruling in 2009 that legalized same-sex marriages.

“This highly questionable lawsuit is part of a coordinated effort by extremists in this country to weaken and ultimately destroy the concept of independent courts in America,” said ACLU of Iowa Executive Director Ben Stone in a press statement. The Iowa ACLU submitted a friend-of-the-court brief in the case.

The American Judicature Society, meanwhile, pointed out that Iowa’s merit selection system was adopted in 1962 “to minimize  the role of political influences in the state?s justice system.” The group, a partner of Justice at Stake, said in a media advisory that “lawyers do not have unchecked authority in the nominating process.” It highlighted these other aspects of Iowa’s merit selection of judges:

“[S]everal entities have a role in Iowa ?the Governor in appointing the non-lawyer members of the nominating commission and in appointing judges recommended by the commission; the state Senate in confirming the Governor?s appointed members of the nominating commission; and the voters in retaining or rejecting judges in periodic elections (as evidenced in the most recent elections).

“Judicial selection systems like Iowa?s prevent any one group from having too much power or influence in selecting and retaining judges.”

Full post as published by The Gavel on December 21, 2010 (boomark / email).