Supreme Court applicants a diverse group

The 60 applicants for the three vacancies on the Iowa Supreme Court are a diverse group with backgrounds as judges, county attorneys, assistant U.S. attorneys, law professors and civil, corporate and criminal lawyers.

Of the 60, who range in age from 34 to 62, only 12 are women, 16 are lower court judges, and there are 25 University of Iowa grads, 19 from Drake University Law School and the rest are from other Iowa and out of state schools, according to a Gazette analysis of their applications.

There are 15 applicants from Eastern Iowa, which includes 6th Judicial District Chief Judge Patrick Grady, 56, and Matt Dummermuth of Robins, the former U.S. attorney for the Northern District of Iowa.

The State Nominating Commission will begin interviews with applicants at 9 a.m. Monday. The interviews will continue through Thursday to nominate nine to send to Gov. Terry Branstad, who will select three to replace Chief Justice Marsha Ternus and Justices David Baker and Michael Streit, who were not retained in a vote in November.

Ternus was working in private practice when she was appointed to the bench, while Streit was a District Court judge and Baker was serving on the Iowa Court of Appeals.

The interviews, held in the Iowa Supreme Court courtroom in Des Moines, are open to the public and also will be live-streamed on www.The Gazette.com and www.KCRG.com.

Guy Cook, attorney member of the State Nominating Commission, said each applicant will get 20 to 30 minutes. They can make opening remarks and then the commission members ask questions. Some of the applicants may have made contact with some of the commission members before Monday to have one-on-one interviews.

“We're looking for competency, integrity and temperament,” Cook said. “There is no consideration to political affiliation. No focus on hot-button issues. It's uplifting to see how serious the commissioners take their jobs.”

Cook said the commissioners consider why the candidates want to join the bench but it's not as important as that qualified background and experience.

“Every person brings a unique skill set, a unique talent,” Cook said.

Unique backgrounds

The lawyers applying, not including judges, mostly have civil and criminal backgrounds but there are several with unique skills who would offer some diversity to the bench.

One of those is Lorraine May, 58, a lawyer with Hopkins & Huebner in Des Moines, who is a former Iowa Racing and Gaming commissioner. In that position May conducted hearings, drafted rules and regulations governing operation of riverboat gaming in Iowa, which was first in the nation, and the issuance and revocation of gaming licenses.

May also has more than 20 years experience in civil litigation, employment law, workers' compensation, insurance related issues and has represented the insured and the insurance companies.

George Davison, Jr., 60, an attorney with his own office in Des Moines, is a former journalist who covered the Iowa General Assembly and was an assistant news director. He also is an adjunct instructor who teaches business law, as well as handling civil trials and litigation, focusing on personal injury cases, and estate and probate issues.

Another applicant, Don McGuire Jr., 52, is the general counsel for Pharmacists Mutual Insurance Company in Algona and has experience as a pharmacist, as well as practicing corporate law, employment law, real estate and intellectual property.

In his application, McGuire said his experience, inside and outside the law system, provides him with a unique point of view.

“I understand how important it is that the rulings of the court reflect not only the legal aspects of the case but also the real world implications of the results,” McGuire said.

Inspired by vote

Many of the applicants stated the reason they applied was a result of the retention vote. They felt some might shy away because the justices were ousted and it pushed them to “step up.”

Others said it was a lifetime goal.

Samuel Anderson, 51, of Swisher & Cohrt in Waterloo, said he became concerned about the strength of the judicial system, public perception of the system and the ability of the court after the attack on the justices this fall. After much reflection on the issue he considered it a “call to action.”

“I believe in maintaining the ethics and dignity of the court and of the lawyers who argue before it,” Anderson said. “I do not purport to know it all. I am keenly aware of what I do not know, but believe I have the wisdom and skill to learn what I need to learn, or to reach out to those who have the knowledge I lack to lend assistance.”

Court of Appeals Judge Edward Mansfield, 53, of Des Moines, appointed in 2009, said a judge must be scrupulously fair. Judges don't write laws, they decide cases, he said.

Bending the law to reach a result isn't appropriate, Mansfield said. “Because out legal system is perhaps the most sophisticated in the world, it has an uncanny ability in many instances to mirror common sense and natural justice. But in the end, it is not the judge's role to push the law farther than it will go.”

Branstad has 30 days after the nominations are submitted to make the appointments, after which the chief justice of the Supreme Court makes the appointments.

John McGlothlen of The Gazette contributed to this story.