2020 Iowa Voter's Judicial Directory
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Should Judges Be Elected Or Appointed?
Should judges be elected or appointed? Election provides too much opportunity for influence and conflicts of interest. Actually I approved the Missouri system where out state judges are elected Appointments are political anyways. I have been appointed to one seat and elected to another seat. Elections, even though highly charged politically, are less political than an appointment. with an appointment, there are "behind the scenes" influences. Elections are largely in the open and not subject to deal making. Judges should be independent and should not have to run for election. We have a code of ethics and are limited by what we can and can't say. We can't make promises and can't prejudge a case, often what those seeking political office do. Additionally, who are we most likely to raise money from? The lawyers who appear before us. Not a good practice. Running for election takes time away from doing what we are being paid to do - be fair and impartial judges, rule on cases in a timely manner, and not be swayed by public opinion - in essence be an independent judiciary. Alaska uses a screening system to evaluate candidates with direct participation from legal communities and a council that forwards a slate of the best candidates to the appointing authority from which to choose. The system reduces the level of politicization. We have been well-served by this system. Let the people of municipalities decide I believe in the power of democracy and the ability to vote. Appointment is like an anointment and not good for society. -
In the Supreme Court of Iowa ______
IN THE SUPREME COURT OF IOWA _____________________________________________________________ STATE OF IOWA, ) ) Plaintiff-Appellee, ) ) v. ) S.CT. NO. 19-0451 ) DAVID LEE STAAKE, ) ) Defendant-Appellant. ) _____________________________________________________________ APPEAL FROM THE IOWA DISTRICT COURT FOR FAYETTE COUNTY HONORABLE RICHARD D. STOCHL, JUDGE ____________________________________________________________ APPELLANT'S BRIEF AND ARGUMENT _____________________________________________________________ SHELLIE L. KNIPFER Assistant Appellate Defender [email protected] [email protected] STATE APPELLATE DEFENDER'S OFFICE Fourth Floor Lucas Building Des Moines, Iowa 50319 (515) 281-8841 / (515) 281-7281 FAX ATTORNEY FOR DEFENDANT-APPELLANT FINAL ELECTRONICALLY FILED OCT 28, 2019 CLERK OF SUPREME COURT 1 CERTIFICATE OF SERVICE On the 28th day of October, 2019, the undersigned certifies that a true copy of the foregoing instrument was served upon Defendant-Appellant by placing one copy thereof in the United States mail, proper postage attached, addressed to David L. Staake, 123 5th Str. N.W., Olwein, IA 50662. APPELLATE DEFENDER'S OFFICE /s/ Shellie L. Knipfer SHELLIE L. KNIPFER Assistant Appellate Defender Appellate Defender Office Lucas Bldg., 4th Floor 321 E. 12th Street Des Moines, IA 50319 (515) 281-8841 [email protected] [email protected] SLK/sm/7/19 SLK/sm/10/19 2 TABLE OF CONTENTS Page Certificate of Service ....................................................... 2 Table of Authorities -
2016 Judicial Performance Review
2016 Judicial Performance Review Prepared by The Iowa State Bar Association Table of Contents Judicial Performance Review Information....................................................................................................3 Judicial Performance Review Q&A...............................................................................................................4 Judicial Biographies.....................................................................................................................................6 Judicial Performance Review Results Iowa Supreme Court..................................................................................................................................22 Iowa Court of Appeals...............................................................................................................................23 District 1A.................................................................................................................................................24 Allamakee, Clayton, Delaware, Dubuque, Winneshiek Counties District 1B.................................................................................................................................................25 Black Hawk, Buchanan, Chickasaw, Fayette, Grundy, Howard Counties District 2A.................................................................................................................................................26 Bremer, Butler, Cerro Gordo, Floyd, Franklin, Hancock, Mitchell, Winnebago, Worth Counties -
1 in the Iowa Supreme Court in the Matter of Lessons Learned ) From
In the Iowa Supreme Court In the Matter of Lessons Learned ) From the Judicial Branch Response ) April 28, 2021 To COVID-19 ) Beginning in early March 2020, the judicial branch was preparing to minimize the impact of COVID-19 on the services it provides to Iowans. In the span of just a few weeks, the planning effort transitioned into the need for immediate actions. As the pandemic worsened and more information about the virus became available, the Iowa Supreme Court issued orders to protect the public and court employees while keeping the courts as open and operational as possible. Between March 12 and November 24, nearly thirty supervisory orders were issued. As the judicial branch begins to plan for a post COVID-19 world, it seeks to review the formal orders and informal policies or practices adopted by the branch in response to the COVID-19 pandemic. The supreme court establishes the Lessons Learned Task Force to make recommendations to the supreme court on rules, polices or practices that should be retained, modified or stopped. The recommendations shall be submitted to the supreme court by June 4, 2021. The following individuals are appointed to the Task Force: Honorable Susan Christensen, Chief Justice, Iowa Supreme Court, Harlan, chair Honorable Kellyann Lekar, Chief Judge, First Judicial District, Waterloo Honorable David Porter, District Judge, Des Moines Honorable Russell Keast, District Associate Judge, Cedar Rapids Steve Bradford, corporate counsel, Muscatine 1 Carrington Buze, Children’s Justice, Des Moines Guy Cook, private -
Courts at a Glance
Courts at a Glance For Everyone From Students to Seniors Published by Iowa Judicial Branch Branches of American Government Separation of Powers The governmental system of the United States uses separation of powers. This means that the government has separate branches that deal with different as- pects of governing. These three branches are the legislative, executive, and judicial branches. This system is in place for both the federal (national) and state governments. The legislative branch, which on the national level is the U.S. Congress, passes new laws. The executive branch, headed by the president, enforces laws. The judicial branch, headed by the U.S. Supreme Court, inter- prets laws. While each branch has its own duties, the other branches of govern- ment have some control over its actions. These interactions are called checks and balances. Checks and balances keep one branch of government from being much stronger than the others. See the diagram below for U.S. checks and balances. U.S. Checks & Balances Confirms or rejects appointments by executive (including judges) Can veto legislation Apppoints judges È È È È Legislative Executive Judicial Writes laws Enforces laws Interprets laws Ç Ç Can declare acts of the legislative or executive branch to be unconstitutional Role of the Judicial Branch Every state and the federal government have an independent judicial branch to interpret and apply state and federal laws to specific cases. By providing a place where people can go to resolve disputes according to law, through a fair process, and before a knowledgeable and neutral judge or jury, the judicial branch helps to maintain peace and order in society. -
The Common Law of Schools in Iowa
Iowa State University Capstones, Theses and Retrospective Theses and Dissertations Dissertations 1971 The common al w of schools in Iowa Paul James Skarda Iowa State University Follow this and additional works at: https://lib.dr.iastate.edu/rtd Part of the Educational Administration and Supervision Commons Recommended Citation Skarda, Paul James, "The ommonc law of schools in Iowa " (1971). Retrospective Theses and Dissertations. 4919. https://lib.dr.iastate.edu/rtd/4919 This Dissertation is brought to you for free and open access by the Iowa State University Capstones, Theses and Dissertations at Iowa State University Digital Repository. It has been accepted for inclusion in Retrospective Theses and Dissertations by an authorized administrator of Iowa State University Digital Repository. For more information, please contact [email protected]. 71-26,893 SKARDA, Paul James, 1917- THE COMMON LAW OF SCHOOLS IN IOWA. Iowa State University, Ph.D., 1971 Education, administration University Microfilms, A XEROKCompany, Ann Arbor, Michigan THIS DISSERTATION HAS BEEN MICROFILMED EXACTLY AS RECEIVED The common law of schools in Iowa by Paul James Skarda A Dissertation Submitted to the Graduate Faculty in Partial Fulfillment of The Requirements for the Degree of DOCTOR OF PHILOSOPHY Major Subject: Educational Administration Approved: Signature was redacted for privacy. In charge of Majjsr Work Signature was redacted for privacy. Signature was redacted for privacy. Iowa State University Of Science and Technology Ames, Iowa 1971 ii TABLE OF CONTENTS -
Missouri Non-Partisan Court Plan: a Dinosaur on the Edge of Extinction Or a Survivor in a Changing Socio-Legal Environment, The
Missouri Law Review Volume 62 Issue 2 Spring 1997 Article 3 Spring 1997 Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment, The Jay A. Daugherty Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation Jay A. Daugherty, Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment, The, 62 MO. L. REV. (1997) Available at: https://scholarship.law.missouri.edu/mlr/vol62/iss2/3 This Article is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Daugherty: Daugherty: Missouri Non-Partisan Court Plan: The Missouri Non-Partisan Court Plan: A Dinosaur on the Edge of Extinction or a Survivor in a Changing Socio-Legal Environment? The HonorableJay A. Daugherty* I. INTRODUCTION Surveys have shown that as America's distrust of the political system increases, so does its unfavorable perception of the judiciary.' This distrust and unfavorable perception result in declining retention percentages for judges and 2 challenges to the merit selection system by minorities and legislatures. Although the authority of the courts is grounded in the law, that authority ultimately depends on the public's knowledge and trust in the courts. If public knowledge and trust in the courts has eroded, the result may be new and varied challenges against non-partisan or merit selection plans, with outcries from the legislatures and minorities to repudiate such plans and return the judiciary to partisan politics. -
Iowa Supreme Court Ruling
Pieces of Iowa’s Past This Week: Iowa Territorial Supreme Court Case of “Ralph” February 26, 2020 Pieces of Iowa’s Past, published by the Iowa State Capitol Tour Guides weekly during the Legislative Session, features historical facts about Iowa, the Capitol, and the early workings of state government. All italicized text/block quotes in this document are taken directly from historical publications with the actual spelling, punctuation, and grammar retained. Iowa Territorial Supreme Court Case of “Ralph” The Case of “Ralph” is one of 10 cases published by the newly formed Territorial Supreme Court of Iowa in 1839. Jordan Montgomery from Missouri and his slave, Ralph (birth name: Rafe Nelson), had a written agreement in 1834 that allowed Ralph to leave Missouri and come to Iowa. Ralph agreed to pay $550 plus interest* for his freedom. Ralph worked in the lead mines in Dubuque, but after a few years he Thomas S. Wilson had not been able to Associate Justice earn enough to buy Iowa Territorial Supreme Court his freedom. Montgomery had run into financial problems. Two Virginia bounty hunters who were working in Dubuque contacted Montgomery and offered to return Ralph to him in Missouri for a fee of $100. Montgomery Memorial stone at accepted the offer from the bounty hunters. Ralph Montgomery’s gravesite. The Virginians swore an affidavit in front of a justice of the peace, and the court ordered the local sheriff to assist them. They found Ralph at his claim, handcuffed him, loaded him in a wagon, and started for the riverboat about 20 Pieces of Iowa’s Past February 26, 2020 2 miles downriver at Bellevue. -
In the Supreme Court of Iowa ______
In the Supreme Court of Iowa ___________________________________________________________ NO: 17-0423 ___________________________________________________________ SIERRA CLUB IOWA CHAPTER, KEITH PUNTENNEY,LAVERNE JOHNSON, Petitioners-Appellants, vs. IOWA UTILITIES BOARD, Respondent-Appellee, and OFFICE OF CONSUMER ADVOCATE, Intervenor-Appellee, and DAKOTA ACCESS LLC, Indispensable Party-Appellee. ___________________________________________________________ APPEAL FROM THE IOWA DISTRICT COURT FOR POLK COUNTY HONORABLE JEFFREY FARRELL, JUDGE ___________________________________________________________ APPELLANT’S BRIEF AND ARGUMENT ___________________________________________________________ WALLACE L. TAYLOR AT0007714 Law Offices of Wallace L. Taylor 118 3rd Ave. S.E., Suite 326 Cedar Rapids, Iowa 52401 ELECTRONICALLY FILED NOV 05, 2017 CLERK OF SUPREME COURT 319-366-2428;(Fax)319-366-3886 e-mail: [email protected] ATTORNEY FOR PETITIONERS-APPELLANTS 1 TABLE OF CONTENTS Page TABLE OF AUTHORITIES . 3 STATEMENT OF THE ISSUES PRESENTED FOR REVIEW . 6 STATEMENT OF THE CASE. 8 Nature of the Case. 8 Statement of the Facts. 9 ROUTING STATEMENT. 14 ARGUMENT . 15 I. THE DISTRICT COURT APPLIED AN INCORRECT STANDARD OF REVIEW ON JUDICIAL REVIEW FROM AGENCY ACTION. 15 II. THE DISTRICT COURT ERRED IN DETERMINING THAT THE CRUDE OIL PIPELINE IN THIS CASE PROMOTED PUBLIC CONVENIENCE AND NECESSITY . 28 III. THE IUB VIOLATED MR. PUNTENNEY’S SUBSTANTIAL RIGHTS BY GRANTING DAKOTA ACCESS EMINENT DOMAIN AUTHORITY OF HIS PROPERTY. 46 IV. THE IUB VIOLATED MR. JOHNSON’S SUBSTANTIAL RIGHTS BY GRANTING DAKOTA ACCESS EMINENT DOMAIN AUTHORITY OVER HIS PROPERTY. 51 CONCLUSION . 55 REQUEST FOR ORAL ARGUMENT. 59 CERTIFICATE OF COMPLIANCE. 60 CERTIFICATE OF SERVICE . 61 2 TABLE OF AUTHORITIES Page I. JUDICIAL DECISIONS Appeal of Beasley Bros., 206 Iowa 229, 220 N.W. 306 (1928) . 19 Application of National Freight Lines, 241 Iowa 179, 40 N.W.2d 612 (1950). -
Judicial Selection in the State of Missouri: Continuing Controversies
Number 2 (Summer/Fall 2014) | Missouri Policy Journal | 7 Judicial Selection in the State of Missouri: Continuing Controversies pivotal national reform movement in judicial selection, Rebekkah Stuteville which still has a pervasive influence on the selection Park University methods used by states today. In 1820, Missouri’s first constitution was adopted and Introduction it called for the governor to appoint judges with the advice and consent of the Senate.2 The state’s Since its admission to the union in 1821, Missouri has approach to selecting judges through appointment was been a microcosm of the national developments and congruent with the methods used by many other states debates that surround the issue of judicial selection. in the post-Revolutionary period.3 It also followed the Missouri was the first state to use all three of the most model of judicial appointment outlined in the U.S. common methods of judicial selection—political Constitution which grants power to the executive to appointments, contested elections, and merit appoint Supreme Court justices with the advice and selection.1 Because of the state’s experience, the consent of the Senate. history of judicial selection and the controversies surrounding judicial selection in Missouri provide Shortly after Missouri began implementing its initial insight into broader national trends. This article system of judicial selection, the practice of judicial explores the history of judicial selection and the appointments fell into disfavor. President Andrew controversies over the various selection methods in the Jackson “swept into office in 1828 on a tide of public state of Missouri, with an emphasis on the debate that support,”4 and Jacksonian Democracy took hold has taken place in the state over the past decade. -
MICHAEL MERRILL and KAREN JO FRESCOLN
IN THE IOWA SUPREME COURT S.C. No. 19-0821 ____________________________________________________________ MICHAEL MERRILL and KAREN JO FRESCOLN, Plaintiff/Appellants, vs. VALLEY VIEW SWINE, LLC and JBS LIVE PORK, LLC, f/k/a CARGILL PORK, LLC, Defendants/Appellees. _____________________________________________________________ APPEAL FROM THE IOWA DISTRICT COURT WAPELLO CO. NO. LALA105144—DIVISION A HONORABLE JUDGE ANNETTE SCIESZINSKI _____________________________________________________________ APPELLANTS’ BRIEF REQUEST FOR ORAL ARGUMENT _____________________________________________________________ Steven P. Wandro AT0008177 Jennifer H. De Kock AT0010808 Benjamin G. Arato AT0010863 WANDRO & ASSOCIATES, PC 2501 Grand Avenue, Suite B Des Moines, Iowa 50312 Telephone: 515/281-1475 Facsimile: 515/281-1474 [email protected] [email protected] [email protected] ELECTRONICALLY FILED NOV 01, 2019 CLERK OF SUPREME COURT ATTORNEYS FOR APPELLANTS 1 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ....................................................................... 5 STATEMENT OF ISSUES PRESENTED FOR REVIEW...................... 8 ROUTING STATEMENT ......................................................................... 11 STATEMENT OF THE CASE .................................................................. 11 STATEMENT OF FACTS ......................................................................... 17 Karen Jo Frescoln ................................................................................... 20 Michael Merrill ....................................................................................... -
The Debate Over the Selection and Retention of Judges: How Judges Can Ride the Wave
AN AMERICAN JUDGES ASSOCIATION WHITE PAPER The Debate over the Selection and Retention of Judges: How Judges Can Ride the Wave Mary A. Celeste here is a surge in the debate in the U.S. over the methods involve four different selection methods: lifetime appoint- of judicial selection and retention, with some rallying for ment, partisan election, nonpartisan election, and merit selec- Tmerit-selection plans, others continuing to support judi- tion and retention. These movements have been in a constant cial elections, and virtually no one proposing lifetime appoint- state of flux, with many states using constitutional amend- ments. The impetus for this surge may be related to three ments, legislative acts, ballot initiatives, and executive orders recent U.S. Supreme Court cases, Republican Party of Minnesota to both move in and out of the methods, and to make modifi- v. White,1 Citizens United v. Federal Election Commission,2 and cations short of complete overhauls. For example, 9 of 16 Caperton v. A.T. Massey Coal Co.,3 and to the exploding amount states that initially only used the appointment method of campaign funds raised in judicial elections. These factors switched to judicial elections for some level of their judiciary,5 seem to have once again brought to the forefront the judicial 14 states changed from partisan to nonpartisan elections,6 and election method and consequently revitalized the merit 15 states have changed from partisan or nonpartisan elections method, which had been dormant for three decades. Whether to some form of the merit method.7 When all is said and done, this boost in the debate is tantamount to a new movement, a over the last 234 years, this activity has resulted in 39 states continuation of an old movement, a blip on the radar screen, a deviating substantially from their initial selection method.