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Iowa justice recuses himself over claims of past affair
Man appealing divorce says ex-wife had affair years ago
Caleb McCullough, Gazette-Lee Des Moines Bureau
Apr. 12, 2024 7:34 pm
DES MOINES — An Iowa Supreme Court justice had recused himself from the appeal of a pending divorce case over claims he had an extramarital affair with the woman in the divorce more than a decade ago, according to court records.
Iowa Supreme Court Justice Christopher McDonald granted an order to recuse himself in response to a motion filed by John Mordini, who is appealing the terms of a divorce proceeding with his ex-wife.
John Mordini appealed a Polk County District Court’s decision April 9. In the motion asking for the recusal, which was filed the same day as the appeal, John Mordini stated that his ex-wife, Nikki Mordini, an immigration and family law lawyer, was involved in an affair during the time of their marriage with McDonald, long before he was appointed to the state Supreme Court in 2019.
The affair “had a significant negative impact on the marriage and ultimately contributed to the breakdown in the bonds of matrimony,” his motion stated. The motion further states that Nikki Mordini met with McDonald in summer 2023 after she filed for divorce, and discussed that John Mordini knew of the affair.
“It would be impossible for the appellant to believe he would be given fair consideration by Justice McDonald given the aforementioned facts and events,” the motion states.
McDonald filed an order the same day granting the motion and recusing himself with no additional detail. Then on Thursday, he filed an amended order. The amended order said the recusal was “based upon a personal relationship between” McDonald and Nikki Mordini “that occurred more than a decade ago.”
Steve Davis, a spokesperson for the Iowa Judicial Branch, said McDonald was unable to provide further comment. He said the Iowa Code of Judicial Conduct prevents judges, justices and court staff from commenting on pending cases.
The Code of Judicial Conduct states that justices should recuse themselves when their impartiality might be reasonably questioned, including when the judge “has a personal bias or prejudice concerning a party or party’s lawyer,” among other circumstances.
A lawyer representing Nikki Mordini declined to comment. John Mordini could not be reached by phone Friday.
The Polk County District Court granted the divorce between John and Nikki Mordini on March 22, about a year after Nikki Mordini initially filed for it. Nikki Mordini owns a law practice in Des Moines, and John Mordini is self-employed in construction. They were married in 2003.
Court records show McDonald was divorced in 2009. He later served on the Court of Appeals from 2013 to 2019, having been a district court judge and in private practice before that.
McDonald was appointed to the Supreme Court by Republican Gov. Kim Reynolds. He is now married and has three children, according to the Iowa Supreme Court website.