The former Chief Administrative Law Judge for Iowa Workforce Development filed suit yesterday in Polk County District Court against the State of Iowa and Iowa Workforce Development Director Teresa Wahlert. You can read the full text of Joseph Walsh’s lawsuit here (pdf). After the jump I’ve posted an excerpt from his case. Walsh alleges that the IWD director “interfere[d] with the administrative judicial process in order to favor employers,” attempted “to illegally strip [Walsh] of his merit protection,” and eventually retaliated by removing him in “a political reorganization disguised as a budget layoff.”

I’ve also enclosed below a statement Wahlert released yesterday, denouncing the “frivolous lawsuit.” Wahlert contends that while serving as chief administrative law judge, Walsh failed in basic management responsibilities.

Last month, Democratic State Senator Bill Dotzler asked the U.S. Department of Labor to investigate claims that Wahlert interfered with the work of Iowa’s administrative law judges, hoping to secure more favorable outcomes for employers in unemployment cases. Governor Terry Branstad rejected Dotzler’s allegations against Wahlert without conducting any internal review of the matter.

At a press conference in Des Moines on April 3, Walsh asserted that “in many ways this administration is tearing the Department of Workforce Development down.” Wahlert’s agency was at the center of political controversy in 2011, when the Branstad administration moved to replace dozens of Iowa Workforce Development field offices around the state with hundreds of computer terminal access points. That reorganization led to a lawsuit and eventually an Iowa Supreme Court ruling that the governor had overstepped his authority by striking legislative language about the IWD offices without vetoing the money allocated to fund those offices.  

Polk County District Court Judge David Christensen on April 2 rejected Ned Chiodo’s appeal against a panel decision allowing Tony Bisignano to run for Iowa Senate district 17. Chiodo, Bisignano, and Nathan Blake all qualified for the Democratic primary ballot in the seat Senator Jack Hatch is vacating in order to run for governor. Chiodo challenged Bisignano’s eligibility to run for office, citing a drunk driving offense that is an aggravated misdemeanor. A panel of Attorney General Tom Miller, State Auditor Mary Mosiman, and Secretary of State Matt Schultz concluded that Bisigano could run, because Iowa Code specifies felony convictions (not aggravated misdemeanors) as disqualifying citizens from voting or running for office.

Chiodo’s appeal in Polk County District Court rests on two legal arguments: Miller should have recused himself from the panel deciding whether Bisignano is eligible, and Bisignano’s second-offense OWI should be considered an “infamous crime” under Iowa case law. Judge Christensen concluded that Chiodo “failed to assert sufficient grounds to disqualify the Attorney General from serving on the Panel,” nor was Chiodo “prejudiced by the inclusion of the Attorney General in the Panel.”

After the jump I’ve posted the second half of Judge Christensen’s ruling. Although three Iowa Supreme Court decisions indicate that crimes punishable by a prison sentence can be considered “infamous crimes,” the Iowa legislature has since spelled out its clear intention to revoke the rights of electors only in cases of felonies. The judge denied Chiodo’s petition for review, since he “failed to carry his burden to show that the Panel’s decision was unconstitutional,” and there was no evidence that decision was “based upon an erroneous interpretation of a provision of law,” or illogical, arbitrary, capricious, or an abuse of discretion. The judge ordered Chiodo to pay court costs.

The Iowa Supreme Court is likely to have the final say on this matter, but I find it hard to imagine they will disqualify Bisignano. Doing so would potentially disenfranchise tens of thousands of Iowans with aggravated misdemeanor convictions.

Five years ago today, the Iowa Supreme Court announced its unanimous decision in Varnum v Brien, striking down our state’s Defense Of Marriage Act. Some Democratic politicians welcomed the change, while others were more circumspect or ducked the issue for a few days. The early Iowa Republican reaction to the court ruling will sound more pathetic and cowardly with each passing year.

At this point I can’t see any realistic path for conservatives to undo marriage equality. Even if Republicans held their Iowa House majority and gained control of the state Senate (which I consider unlikely), passing a constitutional amendment in both chambers in two separately elected legislatures would be a heavy lift. Last year and this year, an amendment to ban same-sex marriages didn’t even make it through committee in the Republican-controlled Iowa House.

Bob Vander Plaats spent most of 2009 and 2010 trying to take rights away from same-sex couples and force justices off the Iowa Supreme Court. Five years ago today, he was the front-runner in the GOP race for governor. Now he’s out hawking a book. His standing among Iowa Republicans has fallen so far that he is essentially invisible in the Congressional campaign of Robert Cramer, a guy who donated $30,000 to “Team Vander Plaats” during the 2010 election cycle.

Somehow my hetero union has survived five years of sharing rights with Iowa’s LGBT couples. And it’s not just my marriage soldiering on: the latest statistics show Iowa’s divorce rate at its lowest point since 1968. Several factors account for the trend, including the high cost of divorce and more couples delaying or forgoing marriage. Regardless, it’s nice to see the divorce rate falling, because if the trend were going the other way you can be sure self-styled “marriage defenders” would blame the “homosexual agenda,” among other things.

Any relevant comments are welcome in this thread. Highlights from the latest Des Moines Register poll findings on gay marriage are after the jump.

Although another winter storm is forecast to hit northern Iowa later this week, spring marches on, and with it returns the central Iowa butterfly forecast, updated every two weeks. I haven’t seen any butterflies yet this year, but several people I know have spotted them within the past week.

During the past two days, ruby-throated hummingbirds have been seen in southern Illinois and Missouri. The only hummingbird species native to the Midwest, these birds usually arrive in central Iowa by May 1.

The federal government is asking for the public’s help in monitoring and preserving native bat populations, threatened by a fungus causing “White-nose syndrome.”

This is an open thread: all topics welcome.

A generous Des Moines business owner got national publicity this week. Ellen DeGeneres gave $10,000 to Derrick Walton, a onetime homeless man who established Chef D’s Rock Power Pizza on the south side of Des Moines. Walton feeds needy people for free at his restaurant on Mondays.

UPDATE: Remarkably, one of the three eggs from the Decorah eagles’ nest hatched on April 2. I would not have thought eagles could successfully incubate eggs through the unusually harsh weather we’ve had since late February.

An incredible project will take shape soon in Iowa City:

A food forest is a gardening technique or land management system, which emulates a woodland ecosystem using edible trees, shrubs, and herbs. Fruit and nut trees make up the upper level, while berry shrubs, edible perennials, and annuals make up the lower levels. The Wetherby Park Edible Forest will combine aspects of native habitat rehabilitation with edible forest gardening.

Food in the Wetherby Food Forest:

Trees: apple, pear, plum, cherry, mulberry

Shrubs: hazelnut, serviceberry, aronia berry, beach plum, gooseberry, currant, honeyberry

Herbs: strawberry, oregano, thyme, lemon balm, chives, sorrel, lovage

The non-profit group Backyard Abundance is organizing a volunteer day on April 12 to prepare and mulch the future orchard site. Planting will begin in 2015. Backyard Abundance posted detailed design plans and plant lists here (pdf). Iowa City Parks and Recreation is partnering with Backyard Abundance on the edible forest, having previously worked with the group and other volunteers to establish an edible maze in the same park.

After the jump I’ve enclosed more about the new project, which aims to improve public health while using land sustainably and reducing the area’s carbon footprint.

For Iowans who would like to create similar projects in their communities, I highly recommend Darrin Nordahl’s book Public Produce. Nordahl formerly worked for the City of Davenport, where he promoted growing food in public spaces. The Cultivate Hope farm and urban agriculture education center in downtown Cedar Rapids would be a great source of advice and inspiration as well.

State Senator Jack Hatch will be unopposed on the Democratic primary ballot for governor. The Iowa Supreme Court issued a short opinion on March 31 affirming without comment a District Court’s decision rejecting Jonathan Narcisse’s claim that he submitted enough signatures to seek the Democratic nomination for governor. The Supreme Court justices agreed to hear the case on an expedited schedule because primary ballots need to be sent to the printer soon. They did not explain the reasoning behind affirming the lower court’s decision. Reports last week indicated that three of the seven Iowa Supreme Court justices would hear Narcisse’s appeal: David Wiggins, Daryl Hecht, and Edward Mansfield. However, the ruling released yesterday indicates that all justices concurred except for Brent Appel, who recused himself.

Speaking by telephone this morning, Narcisse confirmed that he will run a write-in campaign for the Democratic primary. He said he was “disappointed the Supreme Court affirmed the decision without reviewing the evidence.” He acknowledged his campaign’s oversight in not making sure the “governor” line was filled in on all the nominating petitions: “Ultimately, this happened because we messed up, but the law was not equitably applied. This was not a disqualifiable offense.” He particularly objected to how the District Court considered a 2012 election law ruling from Arizona but rejected as evidence the Iowa panel ruling from the same year allowing State Senator Joe Seng to run for Congress, despite missing information on some of his nominating petitions.

Narcisse said he has “no illusions about a write-in campaign” but is compelled to keep talking about issues that need to be addressed, including the “disparity in justice,” the “phony war on drugs which is really a war on the poor,” and Iowa’s “bipartisan alliance brutalizing poor working people.” In his view, Hatch “has not fought the good fight the way he should have.” Narcisse said he has not decided yet whether he would mount a second bid for governor as an independent.

After the jump I’ve posted a more extensive comment from the Narcisse campaign about the lower court’s ruling on his ballot access.

UPDATE: Added a comment below from Alfredo Parrish, who represented Narcisse.

I’ve never been a fan of April Fool’s pranks or the April Fool’s Day fake news genre, but my friend Mark Lambert gave me permission to share this story. It made me smile. He was an administrative law judge at the time in the Iowa Department of Inspections and Appeals. Like many state employees, he worked in the Wallace Building near the Capitol.

In 2010, Mark took State of Iowa letterhead and added “Iowa Civil Rights Commission” in a realistic-looking font on it. He got to work before 6 am and hung signs on all the bathroom doors in the Wallace Building saying that due to a new interpretation by the Iowa Supreme Court, gender-specific restrooms were considered a violation of the Iowa Civil Rights Act and the Iowa Constitution, and that all restrooms would now be unisex. “We realize this will take some time before you feel comfortable, but we are confident you will get used to it. In the mean time, please be considerate of your co-workers.” He figured some people would fall for the joke, because this was only a year after the Iowa Supreme Court’s Varnum v Brien decision on marriage.

All of the signs were taken down by 8:30 am, but still–a pretty good April Fool’s prank.

Share any relevant memories in this thread. I wonder which Iowa candidates and elected officials will circulate a fake press release or pull off some publicity stunt today.

With six candidates seeking the Republican nomination in Iowa’s open third Congressional district, I’ve decided to focus on individual campaigns rather than news roundups on the whole field at once. Robert Cramer’s up first, since he is already running his introductory ad on television.

Cramer is defining himself as the business mind in the field, not a bad place to be in a GOP primary. Although he is emphasizing his connection to “conservative principles and enduring values,” he is downplaying his social conservative activism. If you need any proof that Bob Vander Plaats’ ship has sailed, even in Iowa Republican circles, look no further than Cramer’s case to primary voters.

The talk of Des Moines this weekend is the devastating fire which consumed the Younkers building downtown, early Saturday morning. Thankfully, the fire caused no loss of life or serious injuries, but the loss of this historical and architectural landmark is incalculable. Younkers opened in 1899, featuring central Iowa’s first escalators. For generations, the store was the premier local outlet for fashion. Families celebrated special events in the Tea Room.

Investigators don’t know yet what caused the fire and are asking locals to share amateur video footage to assist the inquiry. The Des Moines Register’s photo gallery of the fire is here. Work was underway to convert the building into a mixed-use space, including affordable housing as well as retail. No sprinkler system had been installed yet. UPDATE: The Des Moines Fire Department called in Iowa Task Force 1 and the Bureau of Alcohol, Tobacco, Firearms and Explosives’ federal response team to help assess the damage and search for what caused the blaze.

WHO-TV posted a video of the store at the time it closed for business in 2005. The photographer Matthew Gordon took these shots before renovation work at the site. Members of the Facebook group Lost Des Moines have been sharing photos and stories about the building in its heyday.

Share your own Younkers memories in this thread. Although my family shopped more often at the Merle Hay Mall store, going to the downtown building was an exciting treat, especially if we were able to stop in the Tea Room.

Incidentally, the 1978 fire at the Younkers store in Merle Hay Mall, which claimed the lives of ten store employees, is still the deadliest fire in Des Moines history. The death toll would have been much higher if that fire had broken out while the department store was open. The Register posted a horrifying photo from its archive here.

Here’s your weekend open thread: all topics welcome.

I’d like to hear views from the Bleeding Heartland community on a question that’s been on my mind lately, as the “Liberty” movement ceases to be the dominant force in the Republican Party of Iowa. Why haven’t more people from the large contingent of Ron Paul/Rand Paul admirers stepped up to run in this year’s Iowa Republican primaries?

Despite plenty of speculation, no one associated with Ron Paul’s presidential campaign went for Iowa’s first open U.S. Senate seat in 40 years. Why not? This opportunity won’t come around again soon, not with Senator Chuck Grassley already planning to seek a seventh term in 2016. Did fundraising concerns or some other factor keep Drew Ivers, David Fischer, or others from believing they could run a strong Senate campaign?

In Iowa’s open third Congressional district, none of the six Republican candidates publicly endorsed Ron Paul for president, as far as I know. Nor did any of the three Republicans running against Representative Dave Loebsack in IA-02.

Iowa’s most prominent “Liberty” candidate is Rod Blum in the open first Congressional district. There are a few Paulinistas running in GOP primaries for the Iowa House and Senate, but not as many as I would have expected, given the Liberty movement’s takeover of the Iowa GOP apparatus in 2012.

The Republican Party of Iowa’s State Central Committee convened today to choose a successor to A.J. Spiker, who resigned as state party chair to work for U.S. Senator Rand Paul’s RandPAC. Danny Carroll, who became party co-chair in February, was the only person nominated for the chairman’s job. Carroll is a well-known social conservative and lobbyist for Bob Vander Plaats’ FAMiLY Leader organization. He served four terms in the Iowa House before losing his seat to Eric Palmer in 2006, then losing a rematch against Palmer in 2008. In 2010, he was a leading supporter of Vander Plaats’ gubernatorial campaign and famously vowed never to vote for Terry Branstad. Earlier this year Carroll told Radio Iowa that he and the governor have a “cordial” working relationship.

According to Kevin Hall’s liveblog of today’s proceedings, seven of the eighteen State Central Committee members abstained from the vote on Carroll. Later, an Iowa GOP press release indicated that there were no dissenting votes on Carroll’s nomination, prompting several members to tell the Des Moines Register that they inadvertently voted yes on Carroll, “mistakenly thinking they were casting a vote to close nominations and move to ballots.” Hall also argued that it was inappropriate for Iowa RNC Committeewoman Tamara Scott to nominate Carroll, since she and he are both paid lobbyists for the FAMiLY Leader.

Shortly after Carroll’s election, State Central Committee member Gopal Krishna was the only candidate nominated for state party co-chair. He has previously served as party treasurer, and he and Carroll both sought the position of party chair in early 2009. At that time the State Central Committee preferred Matt Strawn.

Carroll and Krishna may not remain in their new jobs for long, since a new Iowa GOP State Central Committee will be elected later this spring. UPDATE: Radio Iowa’s O.Kay Henderson posted audio and highlights from Carroll’s press conference on March 29. He confirmed that he will seek to stay on as party chair after the new State Central Committee takes over.

Any Iowans who don’t already know that Representative Bruce Braley disparaged Senator Chuck Grassley at a fundraiser will likely hear about it very soon. Priorities for Iowa announced yesterday that it is spending $250,000 to run a television ad statewide featuring Braley’s remarks. Click through to watch the 30-second commercial. Priorities for Iowa was formed by supporters of Joni Ernst for U.S. Senate. We’ll probably never know who put up a quarter of a million dollars to run their ad, since 501(c)4 groups can keep their donors’ identities secret.

Meanwhile, rival GOP Senate candidate Mark Jacobs just launched a new 60-second radio ad featuring Braley’s comments. Click through to listen.

Lacking the money for paid advertising at this point, the other Republican contenders in the IA-Sen primary have to settle for condemning Braley in social media posts and e-mail blasts to supporters.

Braley’s staff got a couple of reminders yesterday that they need to raise their game. The Des Moines Register’s Jennifer Jacobs dinged the campaign for misspelling the words “baling” and “detasseling” in a press release defending the Democratic candidate’s record on agricultural issues. (For what it’s worth, my spell-checker marked the correct spelling of “detasseling” in red.) Buzzfeed’s Andrew Kaczynski noticed that a stock photo accompanying a Braley Facebook post was of a farm in England, not Iowa.  

For now, State Senator Jack Hatch remains unopposed on the Democratic primary ballot for Iowa governor. Jonathan Narcisse appealed his exclusion in Polk County District Court on Wednesday, citing precedent from a 2012 panel decision allowing State Senator Joe Seng on the primary ballot in IA-02. Yesterday Judge Michael Huppert ruled against Narcisse, saying the missing information on some petitions left those who signed unable to conclude that the candidate was running for governor.

Narcisse’s attorney, Alfredo Parrish, has already appealed the decision. I enclosed after the jump a statement explaining Narcisse’s case. I think he has a valid argument, based on how officials bent the rules to accommodate Seng.

You can read the 2012 Seng decision here (pdf). Pages 4 through 7 contain the most relevant information. Some petitions allowed were missing Seng’s county of residence, which is admittedly a much less serious defect than Narcisse’s petitions leaving blank the line for office sought. But the panel also counted Seng petitions that were missing the Congressional district number. “Likewise, we find that, absent any showing of any intent to mislead by the candidate or confusion on the part of the signatories, the Davis County signature pages that lacked only the congressional district number substantially comply with the intent of section 43.14 and should be counted.” To this non-lawyer, that sounds very close to not telling voters the office you’re seeking. I suppose there is a slight difference if Seng’s petitions showed he was running for Congress, while the disputed Narcisse petitions did not list any office. Iowa’s rules are designed to prevent any “bait and switch” during the signature collection process.

Members of Congress sometimes go to astonishing lengths to avoid doing their jobs. Rarely working a full five-day week is old news; I’m talking about the procedural gimmicks that let members avoid tough votes on the record. House leaders occasionally move bills through the controversial “deem and pass” method when the majority know something needs to pass but would prefer not to be seen voting for it. In contrast, today Republican and Democratic leaders pulled a fast one on their own back benchers.

Politics ain’t beanbag. As a talk radio host with a sizable conservative audience in northwest Iowa, Sam Clovis must have been a valuable ally for former U.S. Senator Rick Santorum during the 2012 Iowa caucus campaign. Clovis has explicitly modeled his U.S. Senate campaign on Santorum’s grassroots effort. But speaking to Iowa reporters yesterday, Santorum indicated that for now, he is staying out of the GOP primary for U.S. Senate.

“I have a very, very good friend who’s in the race – Sam Clovis who’s a terrific guy, is a good friend and someone who was a great support of mine, you know, Sam’s a #1, top-flight kind of guy,” Santorum says. “Right now I have sort of not gotten engaged in that race. I may.”

But Santorum said he is being selective about his endorsements because, he said, “the more you do, the less effective you are.”

You mean, less effective like endorsing State Representative Walt Rogers for Congress, only to see Rogers bail out of the IA-01 primary?

Santorum was in town yesterday to raise money for Secretary of State Matt Schultz’s Congressional campaign in IA-03. I wasn’t surprised when Santorum backed Schultz, but arguably, Clovis did a lot more to promote Santorum’s presidential aspirations than Schultz with his 11th hour endorsement. For sure Clovis was more influential than Rogers during the Iowa caucus campaign.

Unfortunately for Clovis, money talks, and he hasn’t raised enough of it to run an effective statewide Senate campaign. How tough to be blown off by Santorum, though. As a consolation prize, Clovis got the endorsement of Phyllis Schlafly’s Eagle Forum yesterday. I wonder how many rank and file Iowa Republicans remember Schlafly, a conservative icon of the 1970s and 1980s.

UPDATE: David Bossie’s group Citizens United just endorsed Clovis as “the only full-spectrum conservative” in the IA-Sen race.

What’s on your mind, Bleeding Heartland readers? This is an open thread.

Calling any Iowa women who have considered running for office: a free two-day seminar with helpful advice for you will take place on April 8 and 9 at the Iowa State Capitol. I’ve enclosed details below on the agenda and how to register. The group “50-50 in 2020” is organizing the seminar in collaboration with The Iowa State Carrie Chapman Catt Center for Women and Politics and The University of Iowa N.E.W. Leadership.

Earlier this month, the Democratic Activist Women’s Network (DAWN’s List) announced its annual award-winners, including State Representative Mary Mascher of Iowa City. The full list is at the end of this post.

The National Republican Congressional Committee announced its latest batch of candidates for the “Young Guns” program today. Dubuque-based business owner Rod Blum, one of three GOP candidates in Iowa’s open first Congressional district, is among 50 Republicans on the bottom rung, called “on the radar.” Candidates who meet certain benchmarks for fundraising and campaign organization have a chance to move up to “contender” status and perhaps eventually to “young gun” level, which entails more direct support from the NRCC.

During the 2012 primary in IA-01, the NRCC favored establishment candidate Ben Lange over Blum. At this point, Blum is the obvious favorite to win the GOP nomination, with State Representative Walt Rogers out of the race and the other contenders way behind Blum financially.

Last year, the NRCC put IA-02 on its long list of targets and indicated that it was ready to defend Tom Latham in IA-03. None of the three registered GOP candidates in IA-02 or the six registered candidates in the open IA-03 are on the NRCC’s radar yet. Depending on fundraising, the winner of the IA-03 primary has a strong chance to become a “contender” or a “young gun” by this fall. The NRCC will almost surely spend money to defend that seat. I am skeptical that IA-02 will become a serious target for Republicans, though.

Any comments about Iowa’s Congressional races are welcome in this thread.

In what may be merely a coincidence, two stories related to Iowa’s U.S. Senate race made a big splash yesterday on national blogs and cable news networks as well as in local media.

In what may be merely a coincidence, State Senator Joni Ernst’s campaign released its first television commercial on the same day the 501(c)4 group Priorities for Iowa released a video drawing national attention to a gaffe by Democratic Senate candidate Bruce Braley.

In what may be merely a coincidence, several prominent Ernst supporters run that 501(c)4 group, which was created a few weeks after Ernst’s campaign launch.

It’s common nowadays for candidates’ campaigns to spend money spreading positive messages, while outside entities (political action committees, 501(c)4 advocacy organizations, or 527 groups) pay to get the best opposition research into the public sphere. But candidates are not allowed to coordinate messaging or timing with those outside groups.

I’m not saying someone from the Ernst campaign gave Priorities for Iowa a heads-up on when they were planning to release their tv ad. I’m not saying someone from Priorities for Iowa let Ernst staffers know ahead of time when they planned to drop their bomb on Braley. I’m just saying, the clip from a two-month-old speech by the Democratic candidate couldn’t have been released at a better time for Ernst to capitalize on her attention-getting “castration” spot.

Every candidate for public office has to learn basic rules of campaigning, such as, “Every mic is a live mic.” In other words, always assume you may be overheard when you stand next to a microphone, even if you think it’s not turned on.

In the age of camera phones and YouTube, candidates may be speaking into a live mic even when there’s no microphone to be seen. Representative Bruce Braley, the Democratic candidate for U.S. Senate in Iowa, learned that lesson the hard way today.  

Since at least 2007, roughly half of Iowa’s land in agricultural production has been rented or leased rather than farmed by its owner. Farmland values at historically high levels are making it even more difficult for Iowans to pursue a secure career in farming. Almost no one can afford a large parcel of farmland at more than $8,000 per acre (or $10,000 per acre of high-grade land). Banks are rarely willing to lend aspiring farmers the kind of money needed to buy a farm, or to buy out siblings or cousins who inherited parts of the family farm.

Some experts believe Iowa farmland values have peaked, but via Tom Philpott I came across evidence that pressure from large buyers may continue to drive up prices. The Oakland Institute analyzed the trend of Wall Street investors buying farmland in the U.S. As institutional investors pile into this market, Iowa farmland may become increasingly unaffordable.

After the jump I’ve posted a few excerpts from the Oakland Institute‘s report, but I recommend downloading the whole piece to see supporting charts and references.

The trend toward absentee landlords owning Iowa farms is one among many reasons we can’t rely on purely voluntary efforts to protect soil and water quality. Tenant farmers have no incentive to spend money on conservation practices to improve land for the long-term. Landowners (whether they be Wall Street firms or individual investors) are often looking for the highest rent this year, not farming practices that preserve soil fertility and keep excess nutrients out of waterways.