Ousted Iowa Supreme Court justices wind down terms

Three Iowa Supreme Court justices who failed to win retention in last month's statewide election are expected to file opinions on Thursday and effectively end their official duties on the state's highest court.

Technically, the current terms for Chief Justice Marsha Ternus and Associate Justices Michael Streit and David Baker will expire at midnight Friday, but that day is a state holiday and Iowa's court system will be closed. The three failed to garner the simple majority support of voters required to be retained for another term.

The justices up for retention on the Nov. 2 ballot were targeted for removal in a coordinated effort of religious and social conservatives led by Bob Vander Plaats and his Iowa For Freedom organization who were upset that the court overstepped its constitutional authority, in their view, by striking down as unconstitutional a state law that defined marriage as only between one man and one woman. In voiding the state law as a violation of constitutionally protected equal protection rights, the court's unanimous 7-0 decision paved the way for couple of the same gender to be married in civil ceremonies in Iowa beginning in late April 2009.

State court administrator David Boyd said the five opinions slated to be issued on Thursday likely will be final decisions issued by the current seven-member court. The remaining four justices will have to decide what to do with pending cases and he expected there will be a period while replacement candidates are selected when more cases will be transferred to the Iowa Court of Appeals.

“There's no doubt that the adjudicative process for the Supreme Court is going to be impacted by this,” Boyd said in an interview.

Under Iowa law, Supreme Court justices stand for retention after their first year of service and then at staggered eight-year intervals.

Ternus was appointed to the court in 1993 by former Gov. Terry Branstad and selected by her peers to be the first woman chief justice of the Iowa Supreme Court in 2006. Streit was appointed in 2001 by former Gov. Tom Vilsack and Baker was appointed in 2008 by Gov. Chet Culver.

The justices issued a joint, three-paragraph statement one day after the election but have declined comment or interviews since.

Boyd said a private ceremony was held for the three outgoing justices, their families and close friends last week that he described as “very respectful and very dignified.”

“It was basically intended to be a private affair so it didn't turn into some kind of a media circus,” he said. “I think it helped to bring closure. It's an unfortunate time, it's an unfortunate situation, but it's one we have to deal with and we have to move on.”

Boyd said the justices have continued to conduct the state's business, case conferences and presided over the court's administrative functions.

The State Judicial Nominating Commission has begun accepting applications through Jan. 14 for the vacancies that will occur after Friday and plans to meet the week of Jan. 24 to interview applicants and select a slate of nominees to be submitted to Branstad – who will be inaugurated and administered the oath of office by Justice Mark Cady on Jan. 14.

Court officials announced earlier this month that the justices selected Cady to serve as interim chief justice effective Saturday. Cady, a Fort Dodge native who was appointed in 1998 by Branstad and whose current term expires Dec. 31, 2016, wrote the controversial April 2009 unanimous decision that struck down Iowa's marriage law.

Cady also has been invited to deliver the annual Condition of the Judiciary address to a joint convention of the 84th General Assembly on Jan. 12 in the House chambers at the state Capitol.