Impeachment decision on remaining justices on hold

DES MOINES - The incoming GOP majority leader of the Iowa House was non-committal Tuesday whether she thought a measure to bring impeachment charges against four Iowa Supreme Court justices who joined in a 2009 ruling that legalized same-sex marriage in Iowa would be debated by state representatives next session.

House Majority Leader-elect Linda Upmeyer, R-Garner, said she wanted to get a better understanding of the legal definition of what constitutes 'malfeasance' and discuss the issue with her 60-member Republican caucus before deciding how to proceed when the 84th General Assembly convenes Jan. 10.

Several GOP lawmakers last week indicated they were drafting articles of impeachment against Justices Brent Appel, Mark Cady, Daryl Hecht and David Wiggins. Three other members of the current court - Chief Justice Marsha Ternus and Justices David Baker and Michael Streit - lost their retention votes and will end their terms on the court Dec. 31.

To succeed, the impeachment measure would need to pass with a simple majority in the House and a two-thirds majority in the Senate. Republicans hold a 20-seat majority in the House; Democrats narrowly control the Senate.

In an interview Tuesday, Upmeyer said, 'My plan right now is to work with the caucus and make that decision' on pursuing impeachment. 'So today, I don't know what direction that will go.' Of paramount interest to her, Upmeyer said, is getting a clear understanding of what constitutes 'malfeasance' in a legal context of impeaching a sitting judge.

'I don't think we can impeach judges every time they make a decision that we don't like,' she said, but added, 'This decision certainly for a majority of Iowans has risen to a higher level than decisions we don't agree with.'