Our judicial system now, and as the majority party wants it to be
~a column by Mary Weaver
The VIEW FROM MY WINDOW this week is focusing on the motto written on our red, white, and blue Iowa flag, “Our liberties we prize and our rights we will maintain”. The impending loss for Greene County’s citizens in the judicial system because of Governor Kim Reynolds and this current legislative body’s activities is frightening. The writing provides background about our court system. If it is too “in the weeds”, just skim over that part of the reading.
As we Iowans learn more about Governor Reynold’s reorganization of the state government, I am concerned about loss of control in the judicial system. How could this impact Greene County? The proposed legislation will give the Iowa Attorney General statutory authority to intervene in any county criminal proceeding. County attorneys are elected officials who answer to the voters of the county. Our Greene County attorney, Thomas Laehn, states, “If implemented this will mark a radical departure from current practice. It will have the potential to eliminate local prosecutorial discretion and to centralize criminal prosecutions in the State of Iowa”.
My, how far we are removed from citizenry input when Greene County was officially recognized as a county in 1854. Judge Phillips, the first Greene County judge, held court in his log cabin home and in the summer on the banks of the Raccoon River. Greene County’s legacy is proud to have produced the late David Harris, an Iowa Supreme Court judge, and current District judge, Robert Hanson, remembered by many as Bobby.
The checks and balances of our Iowa government are rapidly eroding. Partisan control of government is inhibiting the long-established system of checks and balances. The three branches of government judiciary, legislative, and executive are in place to ensure that fellow public officials are acting in accordance with the public interest. It is very unsettling to this writer when they begin to hoard power in the name of efficiency, disregarding the best interest, as well as the will of the populace.
As an overview of the judicial system, Greene Countians elect a county attorney. Think of the judicial system as a ladder, spiraling upward from magistrate to the district court, to the appellate court, to the Supreme Court of Iowa.
There are eight judicial districts in Iowa. Greene County is in District 2, which is composed of 21 north central Iowa counties. District 2 is divided into an A section composed of 8 counties, and a B section of 13 counties. Greene County is in Section B. Carroll on the west, Boone on the east, and Calhoun and Webster to the north. The Honorable Adria Kester is the chief judge in District 2. There are nine district court judges and eight district associate judges.
This past November election the names of several judges appeared on the back of the ballot. This vote is identified as a retention election. The voting occurs one year after their appointment, and every six years following. Voters determine whether a judge should be retained or removed from office. If a judge receives a majority of “yes” votes, the judge serves another full term. If a judge receives a majority of “no” votes, the judge is removed from office at the end of the year. Retention elections should focus on the professional competency of Iowa’s judges, not because dissatisfaction with their rulings
MAGISTRATES
To start at the entry-level, we begin with magistrates. They serve within the county of their residence or a contiguous neighboring county. Magistrates have jurisdiction over simple misdemeanors, county and municipal infractions, small claims, evictions, and certain involuntary commitment matters. Magistrates have the authority to issue search warrants and conduct preliminary hearings. Magistrates serve four-year terms and are appointed by the county magistrate appointing commission. The commission is composed of the district judge, up to three non-lawyers, appointed by the Bboard of supervisors, and two lawyers elected by attorneys from the county. The magistrate shall be less than 72 years of age and an attorney. Magistrates are not subject to retention elections. The current magistrate serving Greene County is Jessica Morton, who resides in Carroll County.
DISTRICT COURT
Nearly all cases begin in the district (trial) court and there is one district court in every Iowa county. The district court has general jurisdiction over civil, criminal, juvenile, and probate matters in the state. It is where parties start their lawsuits, prosecutors file criminal charges, trials take place, lawyers offer evidence, witnesses testify, juries deliberate, and judges enter judgments. Greene County is allowed 10 court cases to be heard per year. This is limited because of the scarcity of available judges.
Senator Jason Schultz, Senate sponsor of bill for the State Attorney General taking over the cases, believes this authoritarian centralization is necessary as “some law enforcement officials are not properly enforcing the law”.
COURT OF APPEALS
The court of appeals, synonymous with the appellate court, reviews decisions of trial courts in which appeals have been allowed. The Supreme Court determines if a request will be recognized by the appellate court. The appellate court does not preside over trials. Appellate court hearings do not involve witnesses, juries, new evidence, or court reporters. Instead, an appellate court reviews the written record of the trial court to determine whether any significant legal errors occurred.
SUPREME COURT
Considered the court of “last resort” or the highest court in the Iowa state court system. Its opinions are binding on all other Iowa state courts. The court is responsible for promulgating rules of procedure and practice used throughout the state courts. The Supreme Court has supervisory and administrative control over the judicial branch and over all judicial officers and court employees, and controls who may practice as attorneys in the courts of Iowa.
There are seven Supreme Court justices. Susan Christensen is Chief Judge, and was elected by her peers. All currently serving have been appointed by either Gov. Branstad or Gov. Reynolds.
Since 1962, Iowa has used a merit-based system for appointing judges. Judicial nominating commissions review applications and interview candidates before sending the governor a short list of three nominees for the Iowa Supreme Court and two for the district court and five for the Iowa court of appeals vacancies. The governor has 30 days to choose from among the finalists. The appointees to the commission are not subject to Iowa Senate confirmation.
Under current law, the governor appoints five members to the nominating panel of 11. Five remaining members are appointed by lawyers, and the most senior judge in the district serves as the final member and chairperson of the committee.
A bill desired by Governor Reynolds, Senate File 171, will remove the senior judge as a commissioner and have the members elect a chair. The governor will then appoint an additional member to the panel. This was approved on Feb. 14 by the Senate Judiciary Committee and will move on to the full Senate.
This gives additional means for this Governor and legislature to gain control of appointing judges to the judicial system. Politics would be at play with the governor appointing the majority of the nominating panel, perhaps taking judges and lawyers with diverse views out of the pool of possible appointees.
There is still time to write, email, or call our legislative representatives, Carter Nordman, or Jesse Green. Use your voice to express concern about the loss in Greene County’s judicial system.
Mary Weaver is a fourth generation Greene Countian, a retired public health nurse/administrator, and chair of the Iowa Women’s Democratic Caucus.
