Litigation

Group Blasts IA Impeachment Threat

By Peter Hardin

As some Iowa lawmakers discuss possible articles of impeachment against four state Supreme Court justices, a Des Moines-based group has warned that such a move threatens an independent judiciary.

“Impeachment for a single controversial decision would be a dangerous precedent, an irresponsible use of legislative power, and a disservice to the citizens of Iowa,” cautioned William D. Johnston, president of the American Judicature Society, in a statement.

“Impeachment diverts time and resources away from the vital work of courts and legislatures while undermining the founders? vision of an independent and impartial judicial branch that would guarantee equal access to justice for all citizens, even if their cause is politically unpopular,” Johnston added.

AJS, a partner of Justice at Stake, is a non-profit devoted to preserving fair and impartial courts and improving the administration of justice.

Several state House Republicans have signaled they are drafting impeachment articles that will target four justices who participated in a unanimous ruling that permitted same-sex marriages. Three other justices were on the retention ballot in November and were denied re-election by voters.

Meanwhile, U.S. District Judge Robert Pratt heard oral arguments Thursday in a conservative-led challenge to the composition of the Iowa Judicial Nominating Commission, a 15-member panel that recommends finalists for openings on the state Supreme Court.

The lawsuit  challenges participation by seven lawyer members on the screening panel  as an unconstitutional violation of the plaintiffs? equal protection rights. The panel is a part of Iowa’s merit-based selection of choosing judges.

Joseph Vanderhulst, a lawyer for four conservative activists, contended the existing system gives too much clout to a single profession. The seven commission seats are allocated to bar association appointees. “In a Republic, no class of people get special treatment,” Vanderhulst maintained, according to an Associated Press article.

“The people of Iowa said in 1962 that we want a system that’s based on merit,” responded Assistant Attorney General Mark Schantz. “The people of Iowa decided in a full-blown general election that we don’t want to elect our judges.”

“The case puts a cloud of illegitimacy on the system,” Schantz added. You can learn more about the challenge from Gavel Grab.

Full post as published by The Gavel on January 06, 2011 (boomark / email).