Iowa Supreme Court Chief Justice favors more transparency

DES MOINES -Iowa Supreme Court Chief Justice Mark Cady said Tuesday live streaming oral arguments is just one more way the judiciary can be transparent to the public and help wipe away any residual animosity or distrust created in last year's retention election.

"The more they see of the process they will appreciate and see what I see - how the justices approach their work and how it's fair and respectful," Cady said during the telephone interview. "Openness has always been a pillar of strength for us. We were the leaders in the nation for allowing cameras in the courts."

Cady said he's had some positive feedback from viewers for the live streaming, which started at the end of August. This is the first time the branch has offered live streaming to the public and they can also access archived arguments for the first time since the budgets cuts in 2009.

The judiciary is also considering how Twitter and Face book could be utilized for more public access, Cady said. He didn't elaborate on what was being considered but seemed open to social media as a platform.

Cady admitted the retention results probably "channeled energy" into finding ways for the judiciary to be more open. The election made the judicial branch realize more had to be done to educate people about how the courts work and that judges make rulings according to law, he said.

"Judges have the latitude to campaign but I think we should think long and hard about the direction of how we should go," he said. "We definitely should be open and accessible and I think people will gain a respect and understanding for the process and how the judges make those tough decisions they must every day - not how others want to portray us as arrogant or elitist. I think Iowans want a fair and independent court system."

The historic retention election ousted three justices and sparked controversy over how judges are selected in Iowa. Former Chief Justice Marsha Ternus and Associate Justices Michael Streit and David Baker lost their retention votes for their part in a 2009 ruling that led to legalizing same-sex marriage in Iowa.

Live streaming the oral arguments is a perfect way to see how fair the process is first hand and how the justices are concerned about merit, Cady said. The public having access to the interviews of applicants for the three new justices and the recent vacancies on the court of appeals was part of that push for openness, so people could learn it's not a "politically infused process."

Cady said the branch also will soon be announcing more oral arguments presented at various places throughout the state to allow people who can't make it to Des Moines the opportunity to observe in person. The arguments are always open to the public.

Oral arguments were held in Iowa City in May and the judiciary announced last week a panel will be at the Mason City Public Library Oct. 13.

Cady said another project related to transparency was started last year with a task force  that was formed to study the civil justice system to make it more relevant and user friendly for litigants and lawyers. The goals of the study, which will be released this fall, is to identify strengths and weaknesses of the system, eliminate waste, figure out ways to move cases through faster, look at costs and make it more affordable for litigants, and also find alternative ways of dispute resolution.

To watch oral arguments go to

http://www.iowacourts.gov/Supreme_Court/Oral_Argument_Video/ and the complete schedule and cases are posted on the Iowa Judicial Branch website at

http://www.iowacourts.gov/Supreme_Court/Oral_Argument_Schedule/