Iowa Voters' 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 -
Reasonable Efforts: a Judicial Perspective
REASONABLE EFFORTS: A JUDICIAL PERSPECTIVE By Judge Leonard Edwards (ret.)1 .INTRODUCTION The term “reasonable efforts” challenges and confounds many in our juvenile dependency and family courts across the country.2 Judges hear about it in their judicial trainings, read about it now and then in publications, sign their names to court orders finding that the children’s services agency (“agency”) made “reasonable efforts” on a daily basis, and on occasion make “no reasonable efforts” findings. Yet attorneys rarely refer to reasonable efforts in court, and most judges approve of what the agency has done with little or no thought about it.3 The law requires judges to make these findings, and good reasons exist to do so. By making the reasonable efforts/no reasonable efforts findings the court informs the parties, the children’s services agency, and the federal government that the agency is or is not meeting its legal responsibilities. By monitoring the agency’s actions the court ensures that the agency has complied with its legal obligation to provide services to prevent the child’s removal from parental care, assist the family safely to reunify with its child, and make certain to finalize a permanent plan for the child. The reasonable efforts/no reasonable efforts findings are the most powerful tools juvenile court judges have at their disposal in dependency cases, and attorneys and judges should pay special attention to them to ensure that the 1 Judge Edwards is a retired judge now working as a consultant to juvenile courts in California and other states. The author is indebted to many people for the research and information contained in this booklet. -
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. -
The 2021-2022 Guide to State Court Judicial Clerkship Procedures
The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community. -
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.