Iowa Supreme Court
| Iowa Supreme Court | |||
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| Court information | |||
| Justices: | 7 | ||
| Founded: | 1846 | ||
| Judicial selection | |||
| Method: | Comm. select., Gov. appt. | ||
| Term: | 8 years | ||
| Active justices | |||
|
Mark Cady • David Wiggins • Daryl Hecht • Brent Appel • Edward Mansfield • Bruce B. Zager • Thomas Waterman • | |||
| Former justices | |||
The Iowa Supreme Court is the constitutional head of the judicial branch of the state of Iowa. Justices are appointed by the governor from a list of nominees submitted by the State Judicial Nominating Commission. A justice serves an initial term of office that is one year after appointment and until January 1 following the next judicial retention election after expiration of such year. The regular term of office of justices retained at election is eight years. A justice must retire upon reaching the age of 72. The justices elect the chief justice.
Justices
The current justices of the court are:| Judge | Term | Appointed by | Party |
|---|---|---|---|
| Chief Justice Mark Cady | 1998-2016 | Gov. Terry E. Branstad | |
| Justice David Wiggins | 2003-2020 | Gov. Tom Vilsack | |
| Justice Daryl Hecht | 2006-2016 | Gov. Tom Vilaack | |
| Justice Brent Appel | 2006-2016 | Gov. Tom Vilsack | |
| Justice Edward Mansfield | 2011-2020 | Gov. Terry E. Branstad | |
| Justice Bruce B. Zager | 2011-2020 | Gov. Terry E. Branstad | |
| Justice Thomas Waterman | 2011-2020 | Gov. Terry E. Branstad |
Jurisdiction
In the Iowa Supreme Court, there is mandatory jurisdiction in civil, criminal, administrative agency, juvenile, disciplinary, certified questions from Federal courts and original proceeding cases.[1]
Judicial selection
In 1962, a constitutional amendment was presented to constituents of Iowa on merit selection, which the people did pass. This amendment applies to all appellate and district court justices. Judicial nominees are selected by nominating commissions, which the governor of the state then makes the appointment. One year after the appointment, the justice must stand for a retention vote. A mandatory judicial retirement age was set at 72 for judges appointed after July 1, 1965.[2]
Qualifications
"In general, nominees for any judgeship except for judicial magistrates must be lawyers admitted to practice law in Iowa. Also, a nominee must be a resident of the state, district, or county to which they are nominated and must be of an age such that they can serve a full term of office before reaching age 72. Although the merit selection system governs the selection of all judges and magistrates, specific procedures vary somewhat depending on the type of judgeship." [2]
Removal of justices
"Iowa judges may be removed in one of two ways:
- Judges may be impeached by a majority of the house of representatives and convicted by two thirds of the senate.
- The Iowa Judicial Qualifications Commission has the authority to investigate complaints of judicial misconduct and recommend to the supreme court that it retire, discipline, or remove a judge."[3]
Salaries
The Chief Justice of the Iowa Supreme Court earns $170,850 annually, while associate justices earn $163,200, as of January 2010.[4][5]
Notable decisions
Farmer liable for guest's injury during educational tour
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First Iowa Supreme Court decision
- In Re the Matter of Ralph, July 1839
- In the Iowa Supreme Court's first decision, they found that a slave residing in the 'free territory' of Iowa could not be returned to to their slave owner across state lines (in Missouri) even if they had not paid the agreed upon amount to secure their freedom in the negotiated time.[8] This ruling came long before the Dred Scott v. Sandford case (1857), which found in favor of the slave holder, and not the slave.
Question of gay marriage before the court
- Varnum v. Brien
- In early December 2008, an attorney for a half dozen gay couples challenging Iowa’s same-sex marriage ban argued before the state supreme court that the law violates his clients’ constitutional rights.[9] This case has been in the legal system for more than three years, and it could take a year or more for the Iowa Supreme Court to issue a ruling after hearing oral arguments.[10]
- On April 3, 2009, the Iowa Supreme Court ruled unanimously to overturn the State's ban on gay marriage (strikes the language from Iowa Code section 595.2) as Iowa became the first state in the Midwest in its ruling to fully recognize gay marriage.[11] The Iowa Supreme Court unanimously upheld a lower-court ruling that rejected a state law restricting marriage to a union between a man and woman, saying it violates the constitutional rights of equal protection. The ruling upholds a August 30, 2007 ruling when the Polk County District Court issued a ruling determining the statute was unconstitutional under the due process and equal protection clauses of the Iowa Constitution. The district court initially ordered the county recorder to begin processing marriage licenses for same-sex couples, but stayed the order during the pendency of an appeal by the Polk County. [12]
- Gay and lesbian couples may exchange vows as soon as April 24 following the landmark decision. [13]
- The Iowa Supreme Court's ruling has some profound impacts to be seen with the current economic crisis in light that the decision to overturn the ban on gay marriage may see an economic boon as other states like Wisconsin and Illinois that ban gay marriage that it means businesses could see $160 million in new spending during the next three years, a UCLA study concluded. [14]
- With Iowa being in close proximity to Wisconsin, Illinois, Minnesota, and Missouri means that Iowa could draw an estimated 55,000 out-of-state couples who spend money on weddings and tourism-related activities which was cited by the UCLA study. [14]
- Advocates for same-sex marriage celebrated the ruling as a breakthrough for civil rights, while conservative critics called the ruling an attack on traditional marriage and said the court overstepped its authority. [14] This recent ruling by the Iowa Supreme Court could set certain precedents as some states nearby Iowa are considering laws to have their law books recognize domestic partnerships while getting some states to have their highest courts trying to overturn bans on gay marriage that have been already been approved by the voters on the ballot and initiative process. [13]
- Iowa's overturned ban could set precedents in other states with laws similar to Iowa. Indiana which has a law closely identical to Iowa's already has been challenged by three gay couples who were denied marriage licenses in Marion and Hendricks counties in Indiana. Those couples gave up their fight after the state law was upheld by the Indiana Court of Appeals in 2005 in which Indiana's intermediate appeals court found the law does not violate the state Constitution because the state has a legitimate interest in promoting heterosexual marriage to establish a stable environment for children. [13]
- Attorney Camilla Taylor of Lambda Legal who led the challenge to the Iowa ban, said the group plans to work to overturn bans in other Midwestern states including Wisconsin. [13]
History of the court
In 1846, Iowa joined the United States. Following the constitution of the federal government, the powers of the government in Iowa were divided into the legislative branch, the executive branch, and the judicial branch. In the judicial branch, the General Assembly divided the state into four judicial districts, and Supreme court justices were to serve six year terms, while district judges were elected for five year terms. The Iowa Constitution of 1857 increased the judicial districts from four to 11, and allowed the General Assembly to reorganize districts after 1860 and every four years thereafter.[15]
Notable firsts
- In Re the Matter of Ralph was the first decision of the Iowa Supreme Court, which occurred in July 1839.[8]
- Iowa was the first state to admit women to the practice of law in 1869.
External links
- Iowa Supreme Court Official Site
- Quad-City Times, "Iowa rewrites judicial ethics rules", May 1, 2010
References
- ↑ Courts at a Glance
- ↑ 2.0 2.1 Iowa Supreme Court: 20th Century Reforms
- ↑ Methods of Selection: Removal of Judges
- ↑ The Sunshine Review, "Iowa state government salary," August 17, 2011
- ↑ The National Center for State Courts, "Judicial Salary Resource Center" as of Jan. 1, 2010
- ↑ 6.0 6.1 6.2 6.3 Insurance Journal, "Court: Iowa farmers who host tours can be liable," February 19, 2013
- ↑ 7.0 7.1 7.2 Des Moines Register, "Farmers who host field trips are liable, Iowa court rules," February 15, 2013
- ↑ 8.0 8.1 Iowa Courts, "A Brief History"
- ↑ The Boston Herald
- ↑ Fox News
- ↑ "Daily Cardinal" Iowa Rules Against Gay Marriage, April 4, 2009
- ↑ "Iowa Judicial Branch, Varnum v. Brien Case Summary April 6, 2009
- ↑ 13.0 13.1 13.2 13.3 "Chicago Tribune" Impact of Iowa ruling Debated by Both Sides in Indiana, April 4, 2009
- ↑ 14.0 14.1 14.2 "UPI" Iowa Marriage Ruling good for Business, April 4, 2009
- ↑ Iowa Supreme Court: History
2012
- See also: Iowa judicial elections, 2012
Justices David Wiggins, Edward Mansfield, Bruce B. Zager, and Thomas Waterman were all up for retention in 2012; all were retained. Wiggins had previously been retained; Mansfield, Zager, and Waterman were up for retention for the first time.
To organize the columns, click on the arrows in the column heading.| Candidate | Incumbent | Retention vote: | Retention Vote % |
|---|---|---|---|
| Bruce B. Zager | Yes | 74.1% | |
| David Wiggins | Yes | 54.5% | |
| Edward Mansfield | Yes | 74.3% | |
| Thomas Waterman | Yes | 74.8% |
2010
- See also: 2010 State Supreme Court elections
Justices David Baker, Marsha Ternus, and Michael Streit were all up for retention in 2010; all were defeated. Percentages in the below tables indicate the percentages against retention.
| Iowa Supreme Court 2010 General election results | ||||
|---|---|---|---|---|
| Candidates | Votes | Percent | ||
| David Baker |
n/a | 54.19% | ||
| Iowa Supreme Court 2010 General election results | ||||
|---|---|---|---|---|
| Candidates | Votes | Percent | ||
| Marsha Ternus |
n/a | 55.04% | ||
| Iowa Supreme Court 2010 General election results | ||||
|---|---|---|---|---|
| Candidates | Votes | Percent | ||
| Michael Streit |
n/a | 54.43% | ||
2008
- See also: State Supreme Court elections, 2008
Justices Mark S. Cady, Daryl L. Hecht, and Brent R. Appel were up for retention in 2008; all were retained.
| Iowa Supreme Court 2008 General election results | ||||
|---|---|---|---|---|
| Candidates | Votes | Percent | ||
| Mark S. Cady |
n/a | n/a | ||
| Iowa Supreme Court 2008 General election results | ||||
|---|---|---|---|---|
| Candidates | Votes | Percent | ||
| Daryl Hecht |
n/a | n/a | ||
| Iowa Supreme Court 2008 General election results | ||||
|---|---|---|---|---|
| Candidates | Votes | Percent | ||
| Brent Appel |
n/a | n/a | ||

| |||
|---|---|---|---|
| Current |
Mark Cady • David Wiggins • Daryl Hecht • Brent Appel • Edward Mansfield • Bruce B. Zager • Thomas Waterman • | ||
| Former | Marsha Ternus • Jerry L. Larson • Michael Streit • David Baker • | ||
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