Chief justice says she was unaware of underage drinking on her property

DES MOINES -- Iowa's Supreme Court chief justice says in a public statement that she was asleep and didn't know her son and his underage friends were drinking on their property the night her husband and seven others were arrested.

Chief Justice Marsha Ternus broke her silence about the incident by releasing a public statement through a family friend after her husband was sentenced on a misdemeanor charge.

“The reality is that I was asleep in our house,” Ternus said in the statement. “Unknown to me, a group of college students that included our son had gathered nearly a half mile from our house where they had started a bonfire. I had no knowledge my son and his friends were on our property that night, or that they were drinking, until after the Polk County sheriff deputy had arrived.”

A sheriff's deputy was called to the home July 12 on a noise complaint to find a group at a bonfire. The deputy noticed beer cans on the ground and in the fire, and said those there appeared to be drinking.

Ternus's husband, lawyer Dennis W. Drake, had reportedly been watching the entrance to the property to make sure that those who left were OK to drive.

As the deputy was asking the group where they got the beer, Drake indicated he wanted to go back to his home. Despite the deputy's order to stay on the scene, Drake began walking away. The deputy arrested Drake for failing to obey his orders, and Drake was charged with interference with official acts.

Drake, 58, entered an Alford plea Tuesday to an amended charge of harassment of a public official. He was sentenced to 12 months of probation and granted a deferred judgment, which means the charge will be erased from his criminal record if he successfully completes his probation.

“I am pleased this matter has been resolved,” Drake said in a statement. “I apologize to anyone affected by my actions, including my children, and to my wife for the difficulty my actions have created for her as chief justice.”

Drake was unsuccessful in his attempt to get the charge dismissed. In his ruling on the matter, District Associate Judge Gregory Brandt wrote that Drake was aware underage drinking was occurring on his property.

Their son, Robert Drake, issued a statement apologizing to his parents.

“I made a poor decision and recognize the impact this has had on both my mother and father. I am thankful for my parents' love and support,” the statement said.

Ternus has refused to make herself available for media interviews while her husband's case was pending in court. In her written statement, Ternus said the state's code of judicial conduct prevents judges from talking about pending cases.

The statement said the family will have no further comments on the matter.

State Rep. Dwayne Alons, R-Hull, has been critical of the Iowa Supreme Court for their ruling earlier this year legalizing same-sex marriage. He said it is possible this incident might be something voters weigh when they decide whether to retain Ternus, whose current term ends December 31, 2010.

“When you're in the public eye in a high-responsibility office, I think that continues to be looked at and will surface when people are looking at who should be the best person for the job,” Alons said.