A lawsuit has been filed against Governor Kim Reynolds after she signed a bill into law allowing the governor to nominate the majority of individuals who would select candidates for the state’s appellate and supreme courts.
Sources say part of the lawsuit alleges the new law was a part of a bill that had multiple subjects attached to it instead of standing on its own. The new law allows the governor to appoint nine of the 17 members of the commission. Those appointments are then subject to confirmation by the Iowa Senate. The other appointments are made by the Iowa Bar Association.
Greene County Attorney Thomas Laehn says he understands the frustration that the Republican-controlled Iowa Congress has seen with what he refers to as the state’s supreme court amending the state’s constitution and re-interpreting it to fit today’s society, instead of the citizens of Iowa having control over the constitutional meaning. However, he disagrees with their methods.
“The Republicans are merely trying to hijack the judicial nominating process in order to gain control or influence over the evolution of constitutional meaning. If they were really truly concerned about what our supreme court is doing-which I am concerned about what our supreme court is doing-there are better ways to address the problem.”
He says one mechanism that is in place is retention elections by which the people can vote justices off the bench if they don’t like how they vote on cases or make determinations. Laehn describes his reaction to the finalized version of the new law, allowing the Iowa Bar Association to continue to play a role in the nomination process.
“I’m glad that they have preserved the role of the Iowa Bar Association. Those eight votes will contribute a perspective and a set of criteria that will add to the process and compliment the perspective criteria used by those nominees that have been appointed by Governor Reynolds in particular.”
State Representative Phil Thompson (R) of Jefferson and State Senator Jerry Behn (R) of Boone both thought the finalized version of the bill was a step in the right direction towards giving Iowans more of a voice in the process.