« Environment - More on "Wind turbines can bring financial windfall" | Main | Ind. Courts - "Davis earns victory over 3-term judge: Scheibenberger’s tenure ends" »

Wednesday, November 03, 2010

Courts - "In Iowa, Voters Oust Judges Over Marriage Issue"

A.G. Sulzberger reports this morning in the NY Times in a lengthy story:

DES MOINES — In a rebuke of the state supreme court with implications for judicial elections across the country, voters here removed three justices who participated in a ruling last year that made the state the first in the Midwest to permit same-sex marriage. * * *

Each of the three judges received about 45-46 percent support with 91 percent of precincts reporting, according to The Associated Press, marking the first time members of Iowa’s high court had been rejected by voters. Under the system used here, judges face no opponents and simply need to win more yes votes than no votes to win another eight-year term.

Financed largely by out-of-state organizations opposed to gay marriage, those pushing against the judges were successful in turning the vote into a referendum on the divisive issue. * * *

Though the Iowa election was the most prominent, similar ouster campaigns were launched in other states against state supreme court justices running unopposed in retention elections whose rulings on matters involving abortion, taxes, tort reform and health care had upset conservatives. * * *

The defeat was a bitter disappointment to much of the legal community here, which rallied behind the three justices arguing that judicial standards require judges to follow their interpretation of the law and not their reading of public opinion. They had urged voters to consider issues like competence and temperament rather than a single issue when casting ballots.

The three justices — Marsha K. Ternus, the chief justice; Michael J. Streit; and David L. Baker — did not raise money to campaign and only toward the end of the election did they make public appearances to defend themselves.

See this earlier ILB entry from Oct. 26, 2010. Illinois Supreme Court Chief Justice Thomas Kilbride, who is also mentioned in that entry, won retention, according to the Chicago Tribune. That story by Monique Garcia begins:
Illinois Supreme Court Chief Justice Thomas Kilbride on Tuesday faced down a well-funded and concerted effort by interests backing caps on jury awards in malpractice cases.

Kilbride declared victory late Tuesday. He had 65 percent of the vote with 74 percent of precincts reporting, according to unofficial election results in his 21-county district stretching from Naperville to the Mississippi River. He needed to clear 60 percent to keep the post for a second 10-year term.

[More] Here is this morning's story in the DesMoines Register, reported by Grant Schulte. Some quotes:
Three Iowa Supreme Court justices lost their seats Tuesday in a historic upset fueled by their 2009 decision that allowed same-sex couples to marry.

Vote totals from 96 percent of Iowa's 1,774 precincts showed Chief Justice Marsha Ternus and Justices David Baker and Michael Streit with less than the simple majority needed to stay on the bench.

Their removal marked the first time an Iowa Supreme Court justice has not been retained since 1962, when the merit selection and retention system for judges was adopted. * * *

The retention challenge triggered a battle never seen in Iowa's judicial history. Television, radio and Internet ads portrayed the justices as both activists and referees. Robo-calls urged a "no" vote. U.S. Rep. Steve King embarked on a statewide bus tour to rally "no" voters.

Supporters of the justices included former governors Robert Ray, a Republican, and Democrat Tom Vilsack, and other prominent figures in government.

Supporters of the justices considered the attacks an affront to the integrity of Iowa's courts and how justices are selected

Posted by Marcia Oddi on November 3, 2010 07:23 AM
Posted to Courts in general