Appeals court upholds dismissal of petition on judicial election

DES MOINES - The Iowa Court of Appeals upheld the dismissal of a petition filed by three lawyers who claimed that combining candidate elections with the judicial retention issue was illegal.

The appeals court ruled that Thomas George, John Roehrick and Carlton Salmons didn't have the right to challenge the issue because they didn't establish a personal or legal interest in the litigation.

The lawyers filed a petition for declaratory judgment in Polk County District Court last December, claiming the ballot used in the November judicial election was illegal, according to the ruling.

The lawyers based their claim on a section in the Iowa Constitution which states the judicial retention issue should be on a separate ballot, according to the ruling. The lawyers argued that their votes would be void and illegal.

But judges or justices directly affected by judicial elections are better situated to bring a this kind of challenge regarding a judicial election, the appeals court ruled.

Judge C.J. Sackett dissented the majority ruling, saying the lawyers did have the right to challenge and it should be remanded to the district court to address the issue.