Supporters: Judicial branch will survive impeachment battle

Supporters of the current judicial selection method are confident that neither legislative efforts to impeach the remaining Supreme Court justices, nor a lawsuit challenging the system, will succeed.

Mark McCormick, Des Moines attorney and former justice, calls talk of impeachment irresponsible.

“There is law all over the country defining malfeasance for these purposes, and the kind of conduct that folks are using as a basis for even talking about impeachment would just be so far removed from anything that would justify impeachment,” he said. “It is just outrageous to consider that that's a possibility.”

The most recent attack on the judiciary came last week when three House members said they were drafting articles of impeachment against remaining Supreme Court Justices Brent Appel, Mark Cady, Daryl Hecht and David Wiggins, for their part in the 2009 ruling that legalized same-sex marriage.

Chief Justice Marsha Ternus and Justices David Baker and Michael Streit lost their retention votes in November, and their terms ended Friday.

Newly elected Kim Pearson, R-Pleasant Hill, said the remaining justices should be impeached because they overstepped their authority and violated the state constitution.

Speaker-elect Kraig Paulsen said two weeks ago he wouldn't stand in the way of impeachment proceedings. He declined to elaborate on that comment Thursday.

Ben Stone, Iowa Civil Liberties Union executive director, said he hopes Paulsen will step up and rein in emotions on this issue.

“Impeaching members of the judiciary is indefensible,” Stone said. “For Paulsen to say he will let the impeachment vote come to the floor ... it gives more weight than other hundreds and hundreds of bills, because it's being endorsed by the speaker.”

Not all Republicans are on board. Rep. Jeff Kaufmann, R-Wilton, said he's not supporting impeachment efforts, because he hasn't seen anybody make a case for malfeasance.

“Impeachment requires extraordinary circumstances, not because you disagree with their decision,” Kaufmann said. “I didn't agree with it, and I don't think the people are demanding that.”

He said the House will make good on campaign promises by passing an amendment to define marriage as between a man and a woman.

Kaufmann does support discussing changes in how members of the State Nominating Commission, which helps selects judges and justices, are chosen.

A lawsuit filed Dec. 8 asks the federal court to prevent lawyer members of the commission - because they are not elected by the public - from selecting three new justices for the Iowa Supreme Court.

Commission members are elected by attorneys admitted to the Iowa bar. Similar suits filed in Kansas and Alaska have been defeated.

“I think it's prudent to have a discussion to bring the people's voice into the commission,” Kaufmann said. “I'm not wanting to eliminate the lawyers from it, just let the people of Iowa have more of a voice.”

Rachel Caulfield of the American Judicature Society said if impeachment efforts were successful, it would be devastating to the courts. The courts are under extreme pressure because of budget cuts, she said, and eliminating judges now would have serious repercussions on the day-to-day work.

Mike Marshall, Iowa secretary of the Senate, said if the Iowa House voted for impeachment early in the session, it's possible the four remaining justices could be suspended from office before the three new justices are selected. The legislative session begins Monday, and the commission won't start interviews until Jan. 24.

Caulfield is troubled that the sustained effort to undermine the judiciary is based on one case.

“One case is driving the animosity, and it doesn't deal with the underlying issue. It doesn't change gay marriage being legal,” Caulfield said.

Sally Pederson, former lieutenant governor and co-chairwoman of Justice Not Politics, said that one issue attracted funding by special interests groups outside the state in November, and now they are behind the lawsuit.

“Bob Vander Plaats won't stop now that he has a full-time paid position,” Pederson said.

Vander Plaats has been named CEO and president of the Family Leader, a reorganized conservative policy and political advocacy group, after he led the campaign to oust the justices in the election. The Family Leader is an umbrella group for the Iowa Family Policy Center, the Iowa Family PAC and Marriage Matters.