# David May



Only five applied for Iowa Supreme Court vacancy

The State Judicial Nominating Commission will interview an unusually small number of applicants for the Iowa Supreme Court vacancy to be created when Justice Brent Appel reaches the mandatory retirement age next month.

Only five people—three judges and two attorneys in private practice—applied for the position, the Iowa Judicial Branch announced on June 20. The commission will interview Third Judicial District Chief Judge Patrick Tott, Ames attorney Timothy Gartin, Des Moines attorney William Miller, District Court Judge Alan Heavens, and Iowa Court of Appeals Judge David May on June 27. The commissioners will send three names to Governor Kim Reynolds, who will have 30 days to appoint the next justice from that short list.

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Iowa Supreme Court finalists McDermott, Chicchelly, and May, in their own words

After interviewing fifteen applicants, the State Judicial Nominating Commission on March 6 agreed on three nominees for the Iowa Supreme Court: Matthew McDermott, District Court Judge Mary Chicchelly, and Iowa Court of Appeals Judge David May. Governor Kim Reynolds will appoint one of them during the next few weeks.

To the credit of the commissioners, all three finalists are well-qualified to serve. Thanks to a law Republicans enacted in 2019, commission members appointed by either Reynolds or Governor Terry Branstad now outnumber elected attorneys, meaning they had the votes to send less-experienced but politically-connected loyalists to the governor. They did not.

I’ve enclosed below highlights from each finalist’s application and interview, along with some noteworthy comments by three candidates who didn’t make it onto the short list: Brenna Bird, Alan Ostergren, and Sam Langholz.

I felt confident in January that Reynolds would appoint McDermott, because of his past work for the Republican Party of Iowa and close ties to senior GOP officials. Knowing now that the governor’s own legal counsel Langholz has ambitions to serve on the Supreme Court, I wouldn’t be surprised to see Reynolds pick a different finalist. Langholz’s job involves helping the governor interview and select judges. He has incentive to steer her toward appointing a candidate who has presided over a District Court, to improve the odds of the State Judicial Nominating Commission selecting someone who lacks that experience next time. Reynolds will get at least one more appointment to the high court, because Supreme Court Justice Brent Appel will reach the mandatory retirement age in 2022.

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