Retention 2022: Be a Voter!

An open letter to our friends who believe in merit-based judicial selection but are concerned about recent court decisions.

Dear JNP Friends:

There has been a lot of discussion by Iowans who believe in fair and impartial courts yet are very concerned about some recent court decisions. The leadership of JNP struggles with some of these same issues. 

How do we support the ideals of the nominating, merit selection, and retention process while grappling with the fact that we may fundamentally disagree with some of the decisions of those currently on the court? 

Early voting in Iowa is underway. Be sure to turn over your ballot and vote in judicial retention elections.

Early voting has already begun, and we have received numerous questions regarding the justices and judges on the ballot. In particular, what is JNP recommending for a vote on the two Iowa Supreme Court justices on the ballot, Justices Oxley and McDermott?

Below is what we have shared with many friends when they asked. We humbly share it with all of our followers as a summary of how we approach the question of voting yes or no on justices and judges who have decided cases that are extremely important to the citizens of Iowa and the future of this state:

  • First, every voter gets to decide their own criteria for any vote, regardless of whether it is a partisan election or a nonpartisan judicial retention vote.
     
  • Second, we believe there is a difference between those two things: partisan elections and nonpartisan judicial retention votes. There is a difference in the questions to consider.
     
  • Third, for a judicial retention “candidate,” we believe all voters need to educate themselves about the justices and judges on the ballot and their performance on the bench. Do they have a good temperament to serve on the bench? Do they treat people who stand before them equally and with fairness? Are they professional in their role? Are they competent, and do they have the qualifications to serve? Do they serve in an ethical manner inside and outside of the court?
     
  • Fourth, as voters, we do not agree that a justice or judge should be kicked off the court because of a decision(s) with which we disagree. In 2010, the religious right successfully led a coordinated attack to remove three excellent justices from the bench, inserting their political agenda into the retention process. Just because we disagree with a decision of the current court, that alone does not determine whether individual judges and justices deserve to serve on the bench.
     
  • Fifth, voting no and kicking a justice or judge off the bench will result in a new appointment, whereby the nominating commission will recommend individuals, and the governor will select a new judge to replace them. Voting “no” is unlikely to alter the makeup of the court.

We highly encourage voters to become educated about the justices and judges beyond the headlines. An excellent source is the Iowa Bar Association’s performance evaluation for all retention candidates on ballots across the state. We encourage you to study the guide and then make your decision.

Again, we reiterate that all voters get to decide their own criteria for any candidate for public office, regardless of whether it is a partisan or nonpartisan office. We simply offer this information based on how we – your JNP Team – approach the matter.

With sincere regards,
Team Justice Not Politics

Share this email via your social media or email.

Justice Not Politics
www.justicenotpolitics.org  |  [email protected]

Having trouble viewing this email? View it in your web browser

Unsubscribe or Manage Your Preferences