Supreme Court denies appeal from Iowa judge applicant

The Iowa Supreme Court has dismissed an appeal by a county attorney not chosen as an associate district judge nominee in 2011, who claimed the nominating commission acted illegally.

Delaware County Attorney John Bernau applied for the position of an associate judge in District 1-A but he wasn't chosen as one of three attorneys nominated by the Dubuque County Magistrate Nominating Commission, according to the ruling. The district court judges selected Robert Richter.

On July 26, 2011, Bernau filed a petition claiming the commission acted illegally and asked for a delay in Richter's investiture until his appeal was resolved.

The district court determined the commission didn't act illegally in selecting three nominees on Aug. 1, 2011.

Bernau then asked the justices to make an advisory opinion with guidance and instruction since Richter had been on the bench for six months and he didn't want to unseat him.

The court ruled there wasn't a controversy over the legality of the commission's actions and Iowa courts have repeatedly held the courts have "no duty or authority to render advisory opinions." The court declined to issue an advisory opinion and dismissed the appeal.