the iowa judicial system: merit-based selection
DESCRIPTION
A short summary of how and why the Iowa judicial system is a merit-based system. This was for a presentation given to my breakfast club, The Consortium, in March 2011.TRANSCRIPT
IOWA’S JUDICIAL SYSTEMWhere do Judges/Justices come from?*
*other than their mom© Victoria L. Herring, 2011
Tuesday, March 15, 2011
What are Courts for anyway?Dispute resolution; an alternative to fists & gunsTo 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 CourtsStates [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
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
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
What other ways are there of selecting judges?
Election: Partisan, Non Partisan or a mix
Gubernatorial Appointment, sometimes with commission or legislative consent
Legislative Appointmenthttp://www.judicialselection.us - American Judicature Society
© Victoria L. Herring, 2011
Tuesday, March 15, 2011
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
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
Judicial Nominating Commission
Lawyer members Citizen appointees
3 Nominees for each judgeship
Governor 30 days
Receives applications and conducts interviews
© Victoria L. Herring, 2011
Tuesday, March 15, 2011
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
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
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
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
FURTHER RESOURCES
© Victoria L. Herring, 2011
Tuesday, March 15, 2011