Gov. Reynolds missed deadline and must comply with the Iowa Constitution
In the last few weeks, I witnessed the investiture of an Iowa district court judge and an Iowa Supreme Court justice. The selection of these Iowa judges stood in stark contrast to the politicized selection process unfolding in Washington of our next U.S. Supreme Court justice.
At both Iowa events, the judges and their speakers reminded us all of our merit selection process that has brought all Iowans the most fair-minded and impartial judiciary in the nation. Both ceremonies spoke to the Rule of Law that cloaks our courtrooms as they strive for justice for all.
We’ve had a recent stumble in this process on a technicality – the Iowa Constitution. Within the last few weeks it has been revealed the recent appointment of Judge Jason Besler to the 6th Judicial District by Gov. Kim Reynolds appears to have failed the constitutional mandate that judicial appointments must be made within 30 days after the names are submitted for appointment. The constitution provides “If the governor fails for 30 days to make the appointment, it shall be made … by the chief justice of the Supreme Court.” Gov. Reynolds stated she told a staff member but failed to take any next step to properly appoint her choice to the court. She failed to notify the candidate or notify the proper authority in writing of the appointment. A judicial appointment requires more than just a thought.
These circumstances have led many citizens to fear the legal consequences. It does not take much imagination to visualize a federal action by a convicted murderer complaining the conviction was entered by a judge not constitutionally appointed. It could be argued that after 30 days the governor lost the power or jurisdiction to make the appointment, with the Constitution placing this task with the chief justice. This is analogous to a court losing jurisdiction to decide a dispute that was filed after the statute of limitations had past. A federal court or the Iowa Supreme Court could order a retrial with a different judge – at great human and financial expense – perhaps with a different outcome.
Read more: https://www.desmoinesregister.com/story/opinion/columnists/iowa-view/2018/10/08/gov-reynolds-missed-deadline-and-must-comply-iowa-constitution/1537548002/
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