This year, election is controversy-free for judges

CEDAR RAPIDS - There are 70 Iowa District Court judges and two court-of-appeals judges up for retention. But this election likely will be the first without controversy for the judiciary since 2009.

At least one judge from each of the 14 judicial districts across the state will stand for retention this year. Of the 70, eight judges are from the 6th Judicial District, which includes Linn, Johnson, Benton, Tama, Iowa and Jones counties.

None of the Iowa Supreme Court justices are up for retention this year, unlike in 2010 and 2012 when there were aggressive campaigns by conservative groups with outside funding against justices who participated in the 2009 same-sex marriage ruling.

In 2010, former Chief Justice Marsha Ternus and Justices Michael Streit and David Baker were ousted following heavy backlash to the ruling. There was a different result in 2012 when Justice David Wiggins was retained following an organized campaign by the state bar and several other organizations to educate voters on the merit selection and retention process and how judges follow the law, which sometimes lead to unpopular decisions.

A retention election allows voters to decide whether a judge should be retained or removed from office by a majority vote 'yes” or a majority vote 'no.” In 1962, a constitutional amendment was approved that replaced the election of judges with merit selection and retention elections.

Court of appeals, district and district associate court judges must stand for retention the first full year after being appointed to the bench, and then every six years after appointment. Supreme court justices also must stand for retention the first year and then every eight years after appointment.

Iowa State Bar Association President Joe Feller said there hasn't been any opposition to the court of appeals or district judges this year.

'It's so important to have a qualified judiciary and overall, we have very talented and qualified lawyers who are judges,” said Feller, a lawyer in Sibley.

In the 2014 Judicial Performance Review, lawyers rate the judges on questions such as knowledge and application of the law, perception of factual issues, attentiveness to arguments, promptness of rulings and decisions and temperament and demeanor. They are rated from one, which is 'very poor,” to five, which is 'excellent.”

The judges also are rated on questions related to demeanor, such as avoids undue personal observations or criticisms of litigants, judges and lawyers from bench or in written opinions; how the judge decides cases on basis of law and fact, not affected by outside influence; and how he or she treats people equally regardless of race, gender, age, national origin, sexual orientation and socio-economic status.

Court of appeals Judges Thomas Bower and Christopher McDonald both rated from 4.22 to 4.58, which is 'performance is above average,” on all questions.

The 6th Judicial District Judges Marsha Bergan, Mary Chicchelly, Fae Hoover-Grinde and Chief Judge Patrick Grady all rated from 3.88 to 4.84, which is 'performance is adequate to performance is above average. Hoover-Grinde received the highest retention rate, of 99 percent.

The 6th Judicial Associate District Judges Casey Jones, Russell Keast, Barbara Liesveld and Angeline Wilson rated from 3.97 to 4.81. Jones and Keast tied for a retention rate of 96 percent.

Judge Bios:

Russell Keast

' Year appointed: 2006

' Hometown: Cedar Rapids

' Highest education: Juris prudence, Drake University Law School

' Career: Assistant Linn County attorney criminal division

Barbara Liesveld

' Year appointed: 2006

' Hometown: Cedar Rapids