Reynolds to decide this week on appointing lieutenant governor

CEDAR RAPIDS - Kim Reynolds, who is set to become Iowa's first female governor Wednesday morning, will announce later in the week whether she will appoint a lieutenant governor.

Reynolds will be sworn in Wednesday as governor, shortly after Gov. Terry Branstad resigns his office at 10 a.m. and is sworn in as United States ambassador to the People's Republic of China.

Reynolds will take the oath of office in the Iowa State Capitol Rotunda with Iowa Supreme Court Chief Justice Mark Cady presiding. Reynolds then will deliver her first address as governor.

One of her first decisions will be whether to appoint a successor as lieutenant governor. What was once thought to be a forgone conclusion has spurred a legal debate. Iowa Attorney General Tom Miller initially agreed back in December that Reynolds could appoint someone to succeed her once she assumed the office of governor. However, after a member of the Iowa Senate asked for a formal opinion, Miller said the Iowa Constitution does not allow for her to appoint a lieutenant governor to serve out her term.

Miller, a Democrat, said after taking a deeper look he concluded that, based on the state Constitution and the practice of other states, Reynolds will become governor. However, he also was convinced that while the powers and duties of the office would 'devolve” upon the lieutenant governor, Reynolds would not be vacating her post.

Therefore, 'there is no vacancy to be filled,” he said.

Opinions from the attorney general are not legally binding, but the courts often pay attention to them.

In addition to the legal question regarding Reynolds appointing a successor, the issue has sparked a political debate, with Republicans accusing Miller, a Democrat, of flip-flopping. Reynolds has indicated she would pay little heed to the new conclusions.

Reynolds said the law is on her side to appoint a lieutenant governor.

'The law still states that as Governor, I vacate my role as Lt. Governor and am able to appoint a new lieutenant governor,” she said in a statement issued earlier this month. 'We will move forward with his first conclusion as we examine our options in light of Tom Miller's reversal.”

Branstad said Miller's 'politically motivated opinion defies common sense.”

Branstad's resignation will take place at 10 a.m. Wednesday in the governor's formal office at the Statehouse. He then will be sworn in as ambassador to China by Judge Steven Colloton of the U.S. Court of Appeals for the 8th Circuit.

Iowa Public Television will provide a live broadcast of the transfer of power at www.IPTV.org. David Yepsen, host of IPTV's Iowa Press, and Des Moines Register political columnist Kathie Obradovich will provide analysis. The broadcast also will include an extended, one-on-one interview of Reynolds by Yepsen.

'Iowa's Transfer of Power” will be rebroadcast on IPTV's primary channel at 7 p.m. Wednesday.

l Comments: (319) 398-8375; james.lynch@thegazette.com