Justice selection will be left to Branstad

(AP) - A member of the commission that will offer potential replacements for ousted Iowa Supreme Court justices said the process can begin in December, but the panel isn't scheduled to make recommendations until January, likely leaving the choice to Gov.-elect Terry Branstad.

Des Moines lawyer Guy Cook, a member of the Judicial Nominating Commission, said the panel can't meet until the Nov. 2 election results are certified in late November. The panel will meet in early December, and it has 60 days to make decisions for three vacancies on the seven-member court.

The Republican Branstad will be sworn in Jan. 14, replacing Democratic Gov. Chet Culver.

Cook said it's almost certain the justice choice will be left to Branstad.

"Do the math," said Cook.

The 15-member commission will forward three nominees to the governor for each vacancy. He will choose one of those three for each open position, and the selection will be final.

There has been speculation about who will name the new justices, who will replace three judges removed in the Nov. 2 election after a high-profile campaign seeking their ouster because they joined a unanimous ruling that legalized gay marriage in Iowa.

Voted off the court were Chief Justice Marsha Ternus and justices Michael Streit and David Baker. It was the first time in the 48-year-history of Iowa's judge selection system that voters have removed Supreme Court justices.

The court will continue to function with the four remaining members until appointees are named.

Cook said the commission must makes several decisions before getting started, including whether to meet three times to consider replacements for the justices, or meet once and send the governor a field of nine candidates for the job.

"Whether we meet three times or send nine names to the governor to consider, we'll have to decide," he said.

The court also is facing some unsettled issues, said court spokesman Steve Davis.

There are oral arguments scheduled during December, and it isn't clear how many justices will hear those arguments because the decisions typically wouldn't be issued until the next year.

In addition, Ternus typically would deliver the annual Condition of the Judiciary speech to a joint session of the legislature. It's unclear who will give that speech since Ternus will by then be off the court.

Critics of the court have also called for changing the system of selecting judges to ensure political balance in the nomination process or give legislators a role in confirming those appointed.

Senate Majority Leader Michael Gronstal, D-Council Bluffs, said no movement will be made on those proposals in next year's legislative session.

"I don't believe the selection process should be changed," Gronstal said.