A troubling selection for judicial commission

I have concerns regarding our judges, in particular the Supreme Court and Court of Appeals. The process for selecting judges involves a nominating commission composed of attorneys and lay people. The lay people are chosen by the governor, and they have differing terms of service.

There are two lay people's terms of service that are ending. Gov. Terry Branstad has named candidates to fill these positions with pending confirmation by the state Senate. What is troubling is one of the proposed “lay people” is an attorney from Des Moines (William Gustoff). As an attorney practicing in Iowa for over 30 years, it has never been my experience to have a lawyer fill an opening for a lay person. Doing so would appear to defeat the very purpose to provide a balance on the nominating commission between lawyers and non-lawyers. In a recent article I reviewed where the lawyer who has been nominated for the lay person opening was interviewed, he revealed he was involved in a legal action against the very nominating commission he has been nominated for. The lawsuit asserted the current commission was not a fair process to nominate judicial candidates. This lawyer also revealed he was a real estate attorney who did not appear to understand his role in this lawsuit.

Gov. Branstad, does it really make sense to nominate a lawyer for the opening on the judicial nominating commission for a position historically filled by a non-lawyer? Especially when the lawyer is involved in a lawsuit against the very commission for which he has been proposed as a candidate. I know I will be contacting my state senator to look into this further.

Thomas M. Wertz

Attorney at Law

Cedar Rapids