Judicial independence crucial for upholding the rule of law

The Iowa State Bar Association's Independence of the Judiciary Committee has intensified its efforts to emphasize the importance of keeping politics out of the judicial system, especially as the state approaches the upcoming November judicial retention election. This push highlights the vital role of an independent judiciary in safeguarding the rule of law.

The committee's mission is to investigate claims made against judges, whether in the media or elsewhere, and to respond promptly to unfair criticisms under established guidelines. Its work is particularly important as political campaigns increasingly seek to undermine judges based on unpopular rulings.

In an opinion piece published by the Des Moines Register on Aug. 9, attention was drawn to a 2020 campaign that successfully ousted three Iowa Supreme Court justices following the unanimous ruling on same-sex marriage. Now, a similar effort is aimed at Judge David May's upcoming retention election due to his ruling in a 4-3 decision on Iowa's six-week abortion ban.

In response, Guy Cook, chair of the Independence of the Judiciary Committee, and committee member Cynthia Moser wrote an op-ed titled "Two Wrongs Don't Make a Right. Don't Try to Remove an Iowa Justice Out of Spite," which was published in the Des Moines Register. They argued, "There is no 'good case' to 'fire' Justice David May. The only case made is for perpetuating a cycle of retribution, which undermines judicial independence, the bedrock of the rule of law, a right important for all citizens."

The Iowa State Bar Association holds that politics and public opinion have no role in judicial retention. In 1962, the state of Iowa adopted the Missouri Plan involving a process of appointing judges based on merit. Since then, politics continues to try and creep into the judiciary while the ISBA will continue to educate the public on why an independent judiciary is foundational to upholding justice.

ISBA President Melvin O. Shaw echoed these sentiments in his September President's Letter to ISBA members, published in The Iowa Lawyer magazine. He stressed that retention elections should focus on judges' professional competency, stating, "If a judicial decision is publicly unpopular or disagreed with by the lawyer-citizen, then legislative advocacy and action-not a retention election-should be the means to address the outcome."

To further support judicial independence, the ISBA issued a press release on Sept. 5, providing media outlets with resources on Iowa's judicial retention elections. The ISBA also directs the public to the ISBA-sponsored website JudicialFacts.org, which offers nonpartisan information on judges, merit selection, and Iowa's fair and impartial courts.

In another editorial titled, "Opinion: Just as in 2010, politics and public opinion have no role in judicial retention,"by Lucas Grundmeier, Des Moines Register opinion editor, the newspaper's editorial board reiterated its stance that politics and public opinion should have no place in judicial retention elections, stating, "Iowa does still have independent judges and justices, and upholding that tenet is worth it. Justice David May should be retained."

Under Iowa's judicial merit selection system, judges are appointed by the governor after going through an extensive interview and evaluation process by the Judicial Nominating Commission. Voters then decide during the November elections whether the judges should remain in office.

Since Iowa adopted its merit system for selecting judges in 1962, The Iowa State Bar Association has conducted the Judicial Performance Review as a way of giving voters information on the Iowa judges up for retention that election year. The review is conducted biennially and asks ISBA members to participate in an anonymous setting. Attorneys rate the judges on questions related to their professional competence; i.e., knowledge and application of the law, perception of factual issues, attentiveness to arguments and testimony, management and control of the courtroom, and promptness of rulings and decisions. The ratings range from 1-5 with 5 being "excellent" and 1 being "very poor." The results of the 2024 review will be available in early October.

On Sept. 13 during the ISBA Board of Governors meeting, the board approved a paid media campaign proposed by the Independence of the Judiciary Committee to be executed prior to the Nov. 5 election, when voters are urged to flip their ballots for the judicial retention vote. The aim of the campaign will be to educate voters and members of the public on the purpose of the judicial retention vote and the importance of the separation of the judiciary from politics in Iowa.

The ISBA's unwavering stance on judicial independence is clear: protecting the impartiality of judges is vital to maintaining the integrity of Iowa's judicial system and upholding the rule of law for all citizens.

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