2006 Judicial oter Guide Iowa Retention Elections Voter Information: Answers to Questions about Retention Elections Biographies of Judges on the 2006 Iowa Ballot Prepared by the Iowa Judicial Branch, September 2006, as a public service. Table of Contents About Judicial Retention Elections Biographies of Judges Standing for Retention Iowa Court of Appeals...page 5 1st Judicial District...page 6 2nd Judicial District...page 11 3rd Judicial District...page 15 4th Judicial District...page 18 5th Judicial District...page 20 6th Judicial District...page 26 7th Judicial District...page 29 8th Judicial District...page 34 Retention Election Q & A What makes a good judge? Is there a judicial performance evalua- tion? √ Integrity-honest, upright and committed to the rule of law Yes. The Iowa State Bar Association "Judicial √ Professional Competence-keen intellect, Plebiscite" evaluates each judge on the ballot on a extensive legal knowledge and strong writing abilities wide range of attributes. The results of this evalua- √ Judicial Temperament-neutral, decisive, tion are available online one month prior to the respectful and composed general election at www.iowabar.org √ Experience-strong record of professional excellence How do I find a decision or ruling? √ Service-committed to public service and the administration of justice The published decisions of the Iowa Supreme Court and Iowa Court of Appeals are readily available What about a judge's personal views? online at www.judicial.state.ia.us and in libraries in books called the Northwestern Reporter 2nd. These It is appropriate for legislators and the governor to decisions usually represent the view of the majority consider public opinion and the views of special of judges on the court, not solely the view of the interest groups when passing laws and adopting judge writing for the majority. A judge who dis- public policy. But judges have different consider- agrees with the majority view will indicate his or her ations. disagreement by a written dissent. √ It is not appropriate for a judge to consider Locating a ruling of a trial court judge is a more his or her personal views or public opinion when difficult task because of the high volume of cases. deciding cases. Judges must be neutral and follow But if you know the name of the case or the case the rule of law. number you can ask the local clerk of court for a copy of a ruling. √ A judge has a First Amendment right to free speech. But if a judge announces a position on an issue, the judge's impartiality may be called into question and the judge may have to decline handling cases involving that issue. √ Judicial ethics prohibit judges from comment- ing about cases pending in court. This ensures that litigants receive a fair trial. Retention Election Q & A What about an unpopular court decision? What is a judicial retention election? For the following reasons, a voter may want to Judges stand for retention election near the end of consider more than the outcome of one case when their term of office. In a retention election, judges assessing a judge’s performance. do not have opponents. Instead, voters decide whether or not to retain a judge in office. If a judge √ Judges must follow the rule of law and receives a simple majority of "yes" votes, the judge sometimes this leads to unpopular results. Under may serve another full term. The regular term of the rule of law, judicial decisions are based strictly office for a supreme court justice is eight years; the upon the evidence presented to the court and the term for all other judges is six years. applicable laws set out in our statutes and constitu- tion. Why does Iowa use judicial retention? √ If citizens disagree with a law or a judge's In 1962, Iowa voters approved a constitutional interpretation of a law, they can petition the legisla- reform that replaced the process of selecting judges ture to change the law. by popular vote with a merit selection and retention election process. This process promotes selection √ Over the course of a career a judge will of the best qualified applicants and ensures an dispose of thousands of cases. One case alone is impartial judiciary while retaining judicial account- not necessarily an accurate barometer of a judicial ability. career. √ High-profile cases that catch the media's ..... attention often bear little resemblance to the cases that constitute the bulk of a judge's work. Most court cases do not involve hot-button issues. (Return to Table of Contents) √ Sometimes a higher court reverses the deci- sion of a lower court. Reversal by a higher court does not in itself indicate the quality of a judge's work. Reversal could be for any number of reasons. For instance, the higher court could be ruling on an issue for the first time or the higher court could be clarifying its earlier opinions that served as prece- dents for lower court. "Judges are not politicians who can promise to do certain things in exchange for votes.” Chief Justice John Roberts, U.S. Supreme Court Iowa Court of Appeals Van D. Zimmer, Vinton John C. Miller, Burlington Anuradha Vaitheswaran, Des Moines Date of Appointment: 1999 Date of Appointment: 1999 Date of Appointment: 1999. Education Education Education BA, University of Iowa, 1969; JD, BA, University of Iowa, 1969; JD, BA, Grinnell College, 1980; JD and University of Iowa, 1972 University of Iowa, 1975 MA in political science from 1975 to 1980, University of Iowa, 1984 Career Career Following graduation from law From 1975 to 1980, he was in private Career school, Judge Zimmer served as an practice and then was a trust officer Judge Vaitheswaran was a law clerk officer in the United States Army. before being appointed to the district to Honorable Charles R. Wolle, Iowa After completing his tour of duty in court bench. Judge Miller served as a Supreme Court, before Wolle's 1973, he served as an assistant district judge in the Eight Judicial appointment to the federal district county attorney for Linn County and District for eighteen years and held court. She worked as an attorney an adjunct college instructor. Judge the position of chief judge from July with Legal Services Corporation of Zimmer later served as an area 1998 until his appointment to the Iowa and with the Attorney prosecutor for the Iowa Attorney appellate court. General's office before her appoint- General's Office and as assistant ment to the appellate court. United States attorney for the Professional Activities Northern District of Iowa. He was He is a member of the Des Moines Professional Activities also a member of a private law firm County, Iowa State, and American Judge Vaitheswaran is a member of in Vinton before serving as a district Bar Associations. the Polk County and Iowa State Bar court judge in the Sixth Judicial Associations, the Polk County District for 13 years. Women Attorneys and Iowa Judges Associations, and the C. Edwin Professional Activities Moore Inn of Court. Judge Zimmer currently serves as chair of the Iowa Judges Association's Court and Community Committee. Since 1992, he has (Return to Table of Contents) served as assistant for the State of Iowa's Annual New Judge Orienta- tion Program. "Although it may be appropriate for politicians to consider public opinion and the views of special interest groups when drafting laws and regulations, it is never ap- propriate for judges to do so when deciding cases. Judges are accountable to the Constitution and the law, and in this way judges are always accountable to the people." former Chief Justice Louis A. Lavorato, Iowa Supreme Court District 1A --District Court Judges Monica Ackley, Dubuque John J. Bauercamper, Waukon Margaret Lingreen, Postville Date of Appointment: 2003 Date of Appointment: 1986 Date of Appointment: 1991 Education Education Education BA, University of San Diego, 1986; BA, University of Northern Iowa, BA, Drake University, 1974; JD, JD, University of San Diego, 1990. 1970; JD, University of Minnesota, Drake University, 1977. 1973. Career Career Judge Ackley worked as a law clerk Career Judge Lingreen practiced law with a and research assistant before going Judge Bauercamper practiced law private firm and served as assistant into private practice. She also privately, as well as serving as Allamakee County attorney from served as a magistrate judge begin- Allamakee County attorney and 1979 to 1991. ning in 1997. juvenile court referee. Professional Activities Professional Activities Professional Activities She is a member of the Iowa State She is a member of the Dubuque He belongs to the Iowa Judges Bar Association and the Iowa Judges County, Iowa State, and California Association, the Allamakee County, Association. Bar Associations. Iowa State, and Minnesota State Bar Associations. "I think it's vitally important that [judicial] nominees, to use Justice Ginsburg's words, "no hints, no forecasts, no previews." Chief Justice John Roberts, U.S. Supreme Court, speaking at his confirmation hearing District 1A --District Associate Judges Randal J. Nigg, Dubuque Date of Appointment: 1989 Education BA, Loras College, 1971; JD, Univer- sity of San Diego, 1974. Career Practiced law in Dubuque for 15 years prior to his appointment to the bench. While in private practice he served on numerous civic boards and organizations. Professional Activities He serves on the Criminal Law and Rules Review Committee, the Courts & Community Committee, and the District Associate Judge Committee of the Iowa Judges Association and is a member of the Iowa State Bar and American Judicature Society. "So be wary of judicial candidates who take positions on issues, because they cannot deliver on their promises. Answers to issues questionnaires or any campaign prom- ises are not likely to tell you anything useful about how a judge will decide a case, or whether a judge will be able to sit on a case." Chief Justice Michael Wolff, Missouri Supreme Court District 1B --District Court Judges K.D.