Iowa

The state Republican Party chair called for voters to remove one of four supreme court justices standing for retention in November. Justice David Wiggins participated in the 2009 unanimous ruling that legalized same-sex marriage in the state, and three of his colleagues lost their bids for retention in 2010.

The proposed 2012 platform of the Iowa Republican Party calls for state legislators to impeach judges who recognize a right to same-sex marriage and supports eliminating the role of the state judicial nominating commission in selecting judges and requiring senate confirmation. The platform will be voted on a the party convention.

The same group that led the effort to unseat three justices in the 2010 retention elections announced that it will challenge the sole justice on the ballot this November, Justice David Wiggins, because of his participation in the 2009 unanimous decision that overturned the state’s ban on same-sex marriage.

The U.S. Court of Appeals for the Eighth Circuit upheld a lower federal court decision that rejected a challenge to the role of lawyers on the state’s judicial nominating commissions. The lawsuit alleged that it is unconstitutional for the lawyer members to play a part in selecting judges because they are chosen by the state bar association, rather than by voters or an elected official.

A Republican member of the house of representatives filed resolutions calling for the impeachment of the four sitting justices who joined the Varnum v. Brien decision, but no action has been taken. The other three justices who joined the unanimous ruling lost their retention bids in 2010.

Governor Branstad recently made thirty appointments to the state’s district judicial nominating commissions. Many of them oppose the merit selection process, and at least one of them was active in the campaign to defeat the three justices up for retention in 2010.

The court of appeals rejected on standing grounds a challenge to the 2010 judicial retention ballot, an election that ended with the defeat of all three supreme court justices standing for retention. The challenge was brought by three attorneys and based on a constitutional provision requiring votes on judges to be on separate ballots.

While campaigning for the Republican presidential nomination, Newt Gingrich touted his role in helping to fund the campaign to defeat the three supreme court justices up for retention in 2010.

The judicial nominating commission held public interviews of the eighteen applicants for a court of appeals vacancy.

During a series of panels that comprised a Defending Iowa’s Courts event, the executive director of the state ACLU chapter described an organized national effort to dismantle judicial merit selection processes. The panel also discussed legislative attacks on Iowa’s courts in the wake of the Varnum v. Brien decision and expectations that the other supreme court justices who joined the unanimous opinion in the case would see retention challenges in 2012 and 2016.