Retention vote a ‘wake-up call’ for Supreme Court

Voters' ouster of three Iowa Supreme Court justices was a wake-up call for the court, one interim Chief Justice Mark Cady hopes to remedy by talking to Iowans about the court and its role.

Cady, who delivered the annual Condition of the Judiciary message to the Legislature Jan. 12, sounded many of the same themes – openness, transparency and defending the court against misunderstandings of its role - during taping of Iowa Press Friday, which airs on Iowa Public Television this weekend.

He's confident that Iowans, regardless of their opinion on the 2009 Varnum v. Brien decision that struck down Iowa's ban on same-sex marriage, will understand the court's responsibility to interpret the law within the framework of the Constitution, not popular opinion.

The decision and resulting dismissal of the previous chief justice and two others “give the court an opportunity to make itself more visible, more open, more transparent,” Cady said, and predicted “the more Iowans can see their court in action, can see it work, they'll be more proud of what they have.”

The justices were aware their decision to allow same-sex marriage was not universally popular, but they did not expect their colleagues standing for retention in 2010 would fail to win popular support, Cady said. In hindsight, the court and its supporters might have been more aggressive in defending the court and promoting the retention of the justices.

“We approached that retention election much like judges and the judiciary has always approached things,” he said. “We tried to stay in the back, do our work and do it in a competent, quiet way.'

However the election “revealed something else to us,” the chief justice said, and predicted the justices won't be as docile in standing for retention in the future even if it means forming political action committees, raising money – even from potential litigants – and hiring campaign consultants.

“I don't think Iowans will enjoy if that's the path we follow,” he said. However, “if that is indeed what judges have to do to stay on the bench and perform their duties, I'm sure then that's the direction judges will be going.”

“We have to make sure something like that doesn't happen again because it's very destructive to our goal and our mission and our duty and responsibility,” Cady said.

The short-handed court is carrying on, he said. It heard oral arguments Thursday. He does not anticipate the Supreme Court will turn down any cases while it waits for the nominating commission and governor to fill the three vacancies.

Still, Cady said, “There was a great deal of sadness at the retention vote.”

Even now, to see the empty office in the Judicial Building “is a stark, sad reminder we lost three colleagues who were extremely devoted, dedicated people who served this state proudly.”

Iowa Press will be broadcast at 7:30 p.m. Jan. 14 and Jan. 16 at 11:30 a.m. on Iowa Public Television. The program will also be broadcast on IPTV WORLD (.3) Jan. 15 at 8:30 a.m., and will be available online beginning Jan. 14 at

www.iptv.org.