Looking for analysis of Iowa’s 2022 judicial retention elections? Click here. Original post follows.
I’ve voted in seventeen general elections in Iowa. Until this week, I’d never voted against retaining an Iowa Supreme Court justice.
Even two years ago, I never expected to arrive at this decision.
While traffic numbers are easy to measure, picking out my most labor-intensive posts from last year is a subjective call.
Des Moines attorney Gary Dickey has filed an unusual civil action charging that Jason Besler “is unlawfully holding the public office of district court judge” in Iowa’s Sixth Judicial District. In a November 1 court filing, enclosed in full below, Dickey argued that “all publicly available information” indicates Governor Kim Reynolds failed to appoint Besler within the 30-day window specified by Iowa’s constitution. Bleeding Heartland reported in September that Reynolds took no formal action to appoint Besler until four days after her authority to fill the judicial vacancy had lapsed.
Governor Kim Reynolds may have missed the deadline for appointing a second district court judge in June, Associated Press reporter Ryan Foley has discovered.
Iowa Supreme Court Chief Justice Mark Cady will not intervene to resolve questions over Jason Besler’s status as a district court judge, the Iowa Judicial Branch announced this week. Cady’s decision means litigation will settle whether Besler properly exercises his powers or was appointed in violation of the Iowa Constitution.
Des Moines attorney Gary Dickey has asked Johnson County Attorney Janet Lyness to take legal action challenging Jason Besler’s position as a District Court judge. As Bleeding Heartland reported last month, Governor Kim Reynolds named Besler to fill a vacancy four days after her constitutional authority to make the appointment had lapsed. Johnson County is part of Iowa’s Sixth Judicial District, where Besler has been presiding over cases.
Iowa’s Rules of Civil Procedure allow any citizen to file a quo warranto civil action charging that a defendant unlawfully holds a public office, if a county attorney fails to act. Dickey says he will proceed if Lyness declines to do so.
Potential legal challenges loom over every case District Court Judge Jason Besler handles unless Iowa Supreme Court Chief Justice Mark Cady intervenes to ensure that Besler lawfully holds his current position.
Cady has not signed any document filling the Judicial District 6 vacancy, judicial branch communications director Steve Davis confirmed to Bleeding Heartland on October 2. Davis has declined further comment on questions surrounding the legality of Governor Kim Reynolds’ appointment of Besler.
Randy Evans is executive director of the Iowa Freedom of Information Council and previously was editorial page editor and assistant managing editor of the Des Moines Register. -promoted by desmoinesdem
Some of the most stressful memories I have of my school days involve the words, “We’re going to have a pop quiz today.”
Don’t panic, but there’s a pop quiz today. Here goes:
Governor Kim Reynolds swore an oath to “support the constitution of the United States and the constitution of the State of Iowa.” But when she missed a deadline for filling a district court vacancy in June, she did not follow the process outlined in Iowa’s constitution.
Public records obtained by Bleeding Heartland indicate that Reynolds did not convey her choice for Judicial District 6 to anyone until four days after her authority to make the appointment had lapsed. Nevertheless, staff assured the news media and Iowa Supreme Court Chief Justice Mark Cady that the governor had named Judge Jason Besler on time.
Reynolds and Secretary of State Paul Pate later signed an appointment and commission certificate that was backdated, creating the impression the governor had acted within the constitutionally-mandated window.
