Iowa judicial news

From Judgepedia

News about or affecting the judiciary in Iowa.

Hotel clerk wins case agianst employers

Des Moines, Iowa: A hotel clerk in Iowa has been told that she can now sue the hotel that fired her in a case where she claimed she had been fired for not conforming to sexual stereotypes and for questioning recent policy changes. The 8th U.S. Circuit Court of Appeals handed out a ruling on Thursday, January 21, that overturned a dismissal of the case by a lower court meaning that she now can pursue the case.^[1]

New chief judge named for Iowa judicial district

Iowa: The Iowa Supreme Court has appointed Jeffrey L. Larson as the new chief judge of the state's 4th Judicial District. Larson succeeds Judge Charles L. Smith, III who retired earlier in the month of January.^[1]

Debate over human versus machine recorder

Sioux City, Iowa: In an effort to save money in the state's judicial system the Iowa Judicial Council created a committee whose purpose it was to determine whether or not digital audio recording technology, or DART, would be financially beneficial as a replacement for human court reporters. The committee concluded, in a report released Tuesday, January 12, that it was "not feasible" to replace human reporters with DART systems.^[1]

The Iowa Judicial Council received the report on December 30, and is still reviewing it.^[1]

Campaign against gay marriage ban launched

Des Moines, Iowa: On January 10 a campaign was launched by same-sex marriage advocates against a proposed amendment banning gay marriage in the state of Iowa. In April, 2009 the Iowa Supreme Court ruled that a ban on gay marriage was unconstitutional, but in the week of January 10, the state legislature will open its 2010 session as groups across Iowa push for a constitutional convention that would essentially circumvent the Supreme Court ruling. ^[1][2]

Groups from both sides of the debate gathered at the capitol on the 10th for the governor's Condition of the State speech.^[2]

Danilson appointed to Iowa Court of Appeals

Iowa: David R. Danilson has been chosen to fill the seat on the Iowa Court of Appeals vacated by Judge John Miller in July of 2009. Danilson was one of three finalists for the seat, along with Michael R. Mullins and Bruce B. Zager. He will take his seat on December 11, 2009. ^[1]

Danilson received his J.D. from Creighton University in 1979. ^[2] Prior to his elevation to the Court of Appeals, Danilson was a district judge for the Second District in Boone County, Iowa. He was appointed to that court in 1997 and served there until taking his seat on the Iowa Court of Appeals. ^[3]

Applicants narrowed for Iowa Court of Appeals seat

Iowa: The Iowa Judicial Nominating and Qualifications Commission received 18 applications for the vacancy created on the court with the retirement of Judge John Miller. The Commission narrowed the applications to three judges that they have recommended to Governor Chet Culver for appointment to the seat. The three candidates are David R. Danilson, a district judge in Boone County, Michael R. Mullins, a district judge in Washington County and Bruce B. Zager, a district judge in Waterloo County. ^[1][2]

Governor Culver now has thirty days in which to make an appointment from these recommendations.

18 applicants for seat on Iowa Court of Appeals

Iowa: So far, 18 applications have been received for the vacancy created on the Iowa Court of Appeals created after judges Robert Mahan and John Miller retired. The Governor has decided that one of those seats will remain vacant until June 30, 2010, in order to save money. ^[1]

Five of the applicants are current Iowa District judges; the rest are attorneys and/or other state employees. They will be vetted by the Iowa Judicial Nominating and Qualifications Commission, who will make three recommendations to Governor Culver, who will then choose one for the appointment. ^[2]

Iowa Court of Appeals judge to retire

Iowa: Court of Appeals judge Robert Mahan has announced that he will retire to senior status on the court effective July 31, 2009. With his retirement, there are two vacancies on the court; the other due to the retirement of Judge John Miller.

The Judicial Branch will not immediately appoint a new judge to Mahan's seat in order to reduce expenses. "Legislation signed by the governor permits the chief justice to delay, for up to 180 days, the nominating process for any judicial officer position that becomes vacant until June 30, 2010." ^[1]

Underage drinking at Chief Judge's home

Iowa: On July 12, 2009, seven 19 year-olds were charged with underage possession of alcohol at the home of Marsha Ternus, chief judge of the Iowa Supreme Court. One of the youths cited for public intoxication and underage possession of alcohol was Robert Drake, Marsha Ternus' son. Her husband, Dennis Drake, was on the scene during the time of the citations and arrests, but denied any wrongdoing. Arresting officer Michael Hake charged Dennis Drake with interference with official acts "and for possible investigation of providing alcoholic beverages to persons under age".

Judge Ternus has declined to say where she was during the arrests. Court spokeswoman Rebecca Colton said that "it would be inappropriate for either the chief justice or me to comment on any pending cases, including any cases involving family members of a judge." ^[1]

Cocaine sentencing guidelines

Iowa: Judge Mark Bennett is believed to be the first federal judge to sentence convicted drug dealers without complying with federal guidelines, based on policy differences. "The United States Supreme Court said that district court judges, if we wanted to, had a right to disagree with the (sentencing) guidelines if we had policy differences," Bennett says.

Under standard guidelines, someone convicted of dealing five grams of crack could get a five-year sentence, while someone dealing powder cocaine would have to be convicted of dealing 500 grams to get the same sentence. "Many federal judges thought that the 100-to-one ratio created too much disparity. The impact was to be highly-discriminatory towards African Americans" according to Bennett. So, Bennett is now sentencing both crack and powder cocaine dealers according to the milder powder cocaine guidelines. ^[1]

Court of Appeals judge to retire

Iowa: John Miller of the Iowa Court of Appeals has announced that he will be retiring effective July 23, 2009. He was appointed to the court in 1999.

"It has been my privilege to serve the people of Iowa as a judge," Judge Miller said. "Our hard-working and dedicated judges and judicial branch employees have made what can be demanding and challenging work a pleasure. I will miss working with them on a daily basis, but look forward to having more time for family, friends, and other pursuits."

Miller plans to apply to serve on senior status in order to continue his work with the Iowa Judicial Branch even in retirement. ^[1]

Iowa asks: Is stripping an art?

(7/27/2008) Fremont County District Judge Timothy O'Grady heard arguments from opposing counsel in a case involving indecent exposure.

Survey Shows Legal Climate Hurting Iowa's Job Growth

(10/12/2006) The American Justice Partnership announced the findings of a 2006 survey showing that 82% of business-leader respondents believed that Iowa's legal climate imposed deleterious costs on job growth. The survey was produced by The Iowa Association of Business and Industry with assistance from the American Justice Partnership.

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