Former Iowa Supreme Court Justice elected to nominating commission

CEDAR RAPIDS - Lawyers said Thursday former Iowa Supreme Court Justice David Baker, who lost the retention vote in 2010, will now be able to lend his vast judicial experience and understanding to the 6th Judicial Nominating Commission.

Baker, now a private mediator in Cedar Rapids, said Thursday he submitted his name because he "respects the current system of merit selection and wants to continue to serve the people of Iowa by participating in the process of selecting qualified fair and impartial judges."

Baker was ousted from the bench, along with Chief Justice Marsha Ternus and Justice Michael Streit, for their part in the 2009 controversial ruling that led to legalizing same sex marriage.

Marty Diaz, Iowa City attorney, said Baker got a "raw deal from the voters of this state, and yet in spite of that he is still willing to serve them by volunteering his time to assure that the district bench has well-qualified judges. You don't have to know Justice Baker to understand that he has shown more humanity and humility than those who voted him out of service.”

Guy Cook, a Des Moines attorney, said the retention vote doesn't change the fact that Baker is an "experienced lawyer and former judge at all levels of the judiciary."

"He is well qualified all levels of the judicial system," former Justice Mark McCormick, who served on the bench from 1972-86, said Thursday. "He has the understanding of what makes a good judge. I was happy to see his name on the list."

McCormick said he served on the state nominating commission after leaving the bench in 1996 for six terms.

Dick Garberson, attorney with Shutterworth and Ingersoll in Cedar Rapids, said Baker was a natural choice and everything lawyers look for in a member.

"He is very smart and intellectual in terms of the law," Garberson, a former nominating commission member, said. "He knows cases, you could name any case out of the blue and he would know it. He's a student of the law. And he is incredibly personable and listens well. He has every right to be angry or bitter but he's not. He's supporting the system. That's a testament to him."

The election of Baker comes on the heels of Gov. Terry Branstad's 30 appointments of lay people to the commission, all of which happen to be Republicans, according to the Office of the Governor website, and many have ties to Republican lawmakers and organizations.

Republicans and Branstad criticized Gov. Chet Culver and former Gov. Tom Vilsack for packing the commission with Democrats. They claimed the process of appointing nominating commission members isn't non-partisan. The entire process for selecting judges came under fire after the same sex marriage ruling.

According to the Iowa Constitution, the commissioners are to be chosen "without reference to political affiliation."

Tim Albrecht, spokesman for Branstad, said the majority of districts didn't have a single Republican serving, so the "Governor's actions corrected this in the interest of fairness and balance. The Governor chose people who will work hard, select good judges and respect the law."

There are now 34 Democrats, 32 Republicans, one of "unknown" status and three are listed as "none" under party status on the commission, according to the Governor's website. The website includes the political party affiliation of each commissioner.

The 30 non-lawyer commissioners include spouses of Republican lawmakers - Patricia McKinley, wife of Sen. Paul McKinley, H. David Boettger, of Harlan, husband of Sen Nancy Boettger, and Catherine Miller Sands, of Wapello, wife of Rep. Tom Sands. There is also two former Republican senators, Kathleen Rehberg, of Rowley, and Mark Zieman, of Postville, and former Rep. Jerry Welter, of Monticello.

Other new commissioners include Ann Trimble-Ray, of Early, an aide to Sen. Steve King, and Mary Sukup, of Dougherty, is the wife of the former chair of the Iowa Association of Business and Industry. There are also a few who just served as GOP caucus leaders in January.

Each of the 14 judicial districts has 11 members, including one chair, which is the most senior district judge. Five members are elected by lawyers and five lay members are appointed by the governor. The seven lawyers on each of 14 districts the commission are elected by members of the bar.

The nominating commission members, who serve for six year terms, screen the district judge applicants and selects two nominees who are sent to the governor. The governor then appoints one.