Disclosure: I am a plaintiff in an open records lawsuit that is pending before the Iowa Supreme Court on interlocutory appeal. (The governor’s office appealed a lower court ruling against the state’s motion to dismiss our case.) That litigation has nothing to do with this post.

On the back side of Iowa’s general election ballot, voters have a chance to vote yes or no on allowing two Iowa Supreme Court justices, two Iowa Court of Appeals judges, and dozens of lower court judges to remain on the bench.

No organizations are campaigning or spending money against retaining Justices Dana Oxley and Matthew McDermott, whom Governor Kim Reynolds appointed in 2020.

Nevertheless, I expect the justices to receive a lower share of the retention vote than most of their predecessors. Shortly after the newest justices were part of a controversial ruling on abortion in June, the Iowa Poll by Selzer & Co for the Des Moines Register and Mediacom found a partisan split in attitudes toward the Iowa Supreme Court, with a significant share of Democrats and independents disapproving of the court’s work.

This post seeks to provide context on how the justices up for retention have approached Iowa Supreme Court decisions that may particularly interest Bleeding Heartland readers.

In an unusual move, Governor Kim Reynolds is allowing two state agency directors she appointed early this year to continue serving through next year’s legislative session, even though they lacked the votes to be confirmed by the Iowa Senate.

Reynolds withdrew the nominations of Department of Management Director Michael Bousselot and Department of Administrative Services Director Adam Steen shortly before state lawmakers adjourned for the year in May. Days later, she rejected the directors’ resignations, saying she would resubmit their names to the Senate in 2022, documents obtained through public records requests show.

The governor’s office has not publicly announced Reynolds’ decision to hold over Bousselot and Steen and did not respond to Bleeding Heartland’s inquiries.

The Department of Management handles state budget planning as well as disbursements from Iowa’s general fund and various other funds. The Department of Administrative Services handles human resources, payroll, and procurement of goods and services for state government.

E-mailing practices by government officials have drawn an unusual amount of scrutiny this year, thanks to the national press corps’ months-long fixation on Hillary Clinton’s use of a private server and e-mail account during her years as secretary of state. Though the most sensational reports about Clinton’s e-mails were wrong, a drumbeat of news articles and commentary pointed to her private e-mail use as a scandal, or at least a serious political problem.

For years, people who have submitted records requests for Governor Terry Branstad’s e-mails have been told the governor does not use e-mail. So I was surprised this week to see footage of Branstad telling his top donor and Iowa Board of Regents President Bruce Rastetter to “send me an e-mail” with facts about Bruce Harreld, at the time a candidate for the University of Iowa presidency. Iowa Public Television’s “Governor Branstad: Behind the Scenes” documentary includes video of Branstad talking with Rastetter during the Iowa State Fair. I transcribed the brief conversation here.

In light of Branstad’s comment to Rastetter, I asked the governor’s communications director Ben Hammes to clarify whether Branstad has an e-mail account for official or private use. He replied, “The governor does not use email or have email. The governor was referring to sending information to our office, which is what he asks of constituents, when he is traveling around Iowa. He will often ask them to send information to the appropriate policy person in our office.”

Since Branstad asked Rastetter to send “me” an e-mail (rather than asking for the background to be sent to his staff), I asked Hammes whether he could confirm that the governor never communicates directly with Rastetter or with anyone else via e-mail, and that “people wishing to e-mail information to the governor can do so only by e-mailing intermediaries.” Hammes responded, “Correct. The governor does not have an email account.” Duly noted with regret, since the lack of an official e-mail account will make it harder for reporters and future historians to reconstruct Branstad’s actions and decision-making process during his fifth and sixth terms.

On a related note, today’s New York Times reported that Defense Secretary Ashton Carter “relied on a personal email account to conduct a portion of his government business during his first months at the Pentagon.” Today’s lead editorial in the Des Moines Register took Des Moines City Council member Christine Hensley to task for, among other things, using a private e-mail account to discuss city business. The newspaper also criticized city policy that allows officials to search for and disclose e-mails that are the subject of open records requests, because those people “lack the technical expertise to conduct document searches” and “have a strong motive to withhold damaging emails they have sent or received.” Hensley is refusing to release a legal opinion on whether she should recuse herself from a policy matter because of a potential conflict of interest. The controversy doesn’t reflect well on the longtime city council member, who I believe is positioning herself to be Cedar Rapids Mayor Ron Corbett’s running mate for the 2018 governor’s race.

UPDATE: I had forgotten that Branstad admitted during a deposition last year to using a Blackberry. More details on that are below. I am seeking further comment on whether the governor receives work-related or private messages from people on that Blackberry.

DECEMBER 21 UPDATE: Hammes was quick to respond to my first questions on this topic last week, but four days since I followed up with a question about the Blackberry, still radio silence from the governor’s office.

December 14 marked 7,642 days that Terry Branstad has been governor of Iowa, making him the longest-serving governor in U.S. history, according to Eric Ostermeier of the Smart Politics website. Because most states have term limits for governors, “The odds of anyone passing [Branstad] in the 21st Century are next to none,” Ostermeier told Catherine Lucey of the Associated Press.

Speaking about his legacy, Branstad has emphasized the diversification of Iowa’s economy, even though a governor has far less influence over such trends than Branstad seems to believe. Some have cited “fiscal conservatism” as a hallmark of Branstad’s leadership. I strongly disagree. The man who has been governor for nearly half of my lifetime is stingy about spending money on education and some other critical public services. He opposes bonding initiatives commonly used in other states to fund infrastructure projects (“you don’t borrow your way to prosperity”). But he is happy to provide tens of millions or hundreds of millions of dollars in tax breaks to corporations that don’t need the help, without any regard for the future impact of those tax expenditures on the state budget. Many of Iowa’s “giveaways” in the name of economic development will never pay for themselves.

Branstad’s governing style has changed Iowa in important ways. He has altered Iowans’ expectations for their governor. He has expanded executive power at the expense of both the legislative branch and local governments. And particularly during the last five years, he has given corporate interests and business leaders more control over state policy. More thoughts on those points are after the jump, along with excerpts from some of the many profiles and interviews published as today’s landmark approached.

P.S.- Speaking of Branstad doing what business elites want him to do, Iowa Public Television’s “Governor Branstad: Behind the Scenes” program, which aired on December 11, included a telling snippet that I’ve transcribed below. During a brief chat at the Iowa State Fair, Iowa Board of Regents President Bruce Rastetter asked Branstad to call Bruce Harreld, at that time one of the candidates to be president of the University of Iowa. That Rastetter asked Branstad to reassure Harreld was first reported right after the Board of Regents hired the new president, but I didn’t know they had the conversation in public near a television camera.

P.P.S.-Now that Branstad has made the history books, I remain convinced that he will not serve out his sixth term. Sometime between November 2016 and July 2017, he will resign in order to allow Lieutenant Governor Kim Reynolds to run for governor in 2018 as the incumbent. Although Branstad clearly loves his job, he is highly motivated to make Reynolds the next governor. She lacks a strong base of support in the Republican Party, because she was relatively inexperienced and largely unknown when tapped to be Branstad’s running mate in 2010. Even assuming she is the incumbent, Reynolds strikes me as more likely to lose than to win a statewide gubernatorial primary. Remaining in Branstad’s shadow would give Reynolds little chance of topping a field that will probably include Cedar Rapids Mayor Ron Corbett and Iowa Secretary of Agriculture Bill Northey.

P.P.S.S.-I will always believe Branstad could have been beaten in 1990, if Democrats had nominated a stronger candidate than Don Avenson. Attorney General Tom Miller lost that three-way primary for one reason only: he was against abortion rights. Miller later changed that stance but never again ran for higher office.

Nearly four years have passed since Governor Terry Branstad and his senior staffers tried to strong-arm Iowa Workers Compensation Commissioner Chris Godfrey into resigning years before the end of his fixed term, but the lawsuit Godfrey filed in early 2012 won’t be heard in court anytime soon. Grant Rodgers reported for the Des Moines Register today that before the case goes to trial, the Iowa Supreme Court will rule on whether Godfrey “can invoke the Iowa Constitution to win monetary damages from the state in his lawsuit against Branstad, Lt. Gov. Kim Reynolds and four former state officials.” Excerpts are after the jump, but you should click through to read the whole story. Godfrey’s attorney Roxanne Conlin appealed to the Iowa Supreme Court after Polk County District Court Judge Brad McCall “tossed out Godfrey’s four constitution-based claims in an April order.”

Last summer, a divided Iowa Supreme Court ruled that Godfrey could sue Branstad and five other administration officials individually for defamation, extortion and other claims, in addition to pursuing general claims and tort claims against the state of Iowa.  The governor contends that neither he nor his staffers discriminated against Godfrey, and that he was seeking to appoint a commissioner who would be more sympathetic to business owners. Depositions began in the fall of 2014, and a trial date had been set for November of this year. The Iowa Supreme Court is likely to resolve the new constitutional issue sometime in 2016.

New details have emerged about Governor Terry Branstad’s testimony in the lawsuit Iowa’s former Workers’ Compensation Commissioner filed three years ago, charging discrimination, defamation, and other claims. Ryan Foley of the Associated Press reported highlights from the transcript of Branstad’s deposition last November.