Iowa: Governor Culver Won't Rule Out Naming New Supreme Court Justices

From The Chicago Tribune and Alliance Defense Fund:

Culver won't rule out naming Supreme Court judges


Associated Press



3:02 p.m. CST, November 15, 2010

DES MOINES, Iowa — Gov. Chet Culver said Monday that he won't hesitate to fill vacancies on the Iowa Supreme Court if recommendations arrive before his departure.



In an interview with The Associated Press, Culver said he will continue to exercise the powers of his office until Gov.-elect Terry Branstad takes office on Jan. 14.



"I'm the governor until the 14th of January, and I'll be making a lot of decisions in the next 60 days," Culver said.



Culver said he would "absolutely not" rule out making the appointments to the Supreme Court himself if given the opportunity.







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The issue has been broadly discussed. The same voters who ousted Culver tossed three justices from the Supreme Court because of their role in striking down a state law banning same-sex marriage. Some have suggested that voters spoke during the election, and Culver should allow his successor to make the judicial appointments.



Once the results of the election are certified later this month, the Judicial Nominating Commission can begin considering applicants to fill those openings. That panel has 60 days to come up with recommendations on candidates to fill the vacancies, meaning they have until the end of January, though they could act more quickly.



"No one knows exactly at this point what the time line will be," Culver said. "We need to respect the independence of the commission and we need to respect the process. I'll continue to fulfill my duties."



Under the state's nominating system, that panel selects a field of three finalists for each opening, with the governor making the final pick.



Culver said he was uncertain about his future after leaving the governor's office. He said it could lie in education, renewable energy, or both. Both were of major focus during his term in office. Culver, at 44, is married with young children.



"I am very excited about the future and most importantly my family is doing very well," Culver said. "I've already decided I'm going to coach my son's fourth-grade football team next year."



While Culver said he's focused on renewable energy, he wouldn't rule some role in education. He's a former high school teacher and coach before entering politics.



"I'm very excited about ways I might be able to contribute to our state and our country in the renewable energy sector," he said. "We've really distinguished ourselves as a national leader."



A centerpiece of Culver's administration was the creation of the Iowa Power Fund, which has financed up to 30 projects of various kinds of alternative energy production and research.



"I feel very good about the progress we've made, going from 5 percent renewable to 20 percent, literally one of the leading regions of the world today," Culver said.



Culver said he hoped to remain in Iowa but wouldn't commit to that.



"I hope to continue to make Iowa my home," said Culver. "There may be opportunities outside of the state, and I'm certainly going to explore any and all of those opportunities."



Culver wouldn't rule out another run for public office down the road, pointing to his father, former Sen. John Culver.



"The one thing that's exciting that really has always attracted me to service and politics is you never know," said Culver. "My dad has always said that 24 hours is a long time in politics. You just don't know what the future holds, especially in this ever-changing political world."



Culver said whatever course he takes will leave him involved in public policy issues.



"I'm going to continue to find ways to make a positive contribution to our state and our nation," Culver said. "Whether that's in the public sector or the private sector, whether that means eventually seeking higher office, I don't know."



With his loss to Branstad, Culver became the first sitting governor since 1962 to lose a bid for re-election after just one term.



He said he was victim to a national political mood that was poison for Democrats.



"In life there are things you can try to control and there are things you can't control," said Culver. "What we saw on Nov. 2 was a real national swing in the pendulum."



Culver said he will leave office without bitterness or regret.



"We had this national environment that really determined the outcome of a lot of these races and I'm OK with that. I'm a student of history, and I've seen these swings before," he said.



Culver said he thought an aggressive close to the campaign would allow him to escape that sour electorate.



"At the end of the day, the voters decided to go in a different direction," said Culver. "I'm not angry about that, I'm not bitter."


And this, related, also from The Chicago Tribune:

Justice selection will be left to new gov Branstad



By MIKE GLOVER



Associated Press



8:01 a.m. CST, November 13, 2010

DES MOINES, Iowa — A member of the commission that will offer potential replacements for ousted Iowa Supreme Court justices said the process can begin in December, but the panel isn't scheduled to make recommendations until January, likely leaving the choice to Gov.-elect Terry Branstad.



Des Moines lawyer Guy Cook, a member of the Judicial Nominating Commission, said the panel can't meet until the Nov. 2 election results are certified in late November. The panel will meet in early December, and it has 60 days to make decisions for three vacancies on the seven-member court.



The Republican Branstad will be sworn in Jan. 14, replacing Democratic Gov. Chet Culver.



Cook said it's almost certain the justice choice will be left to Branstad.


"Do the math," said Cook.



The 15-member commission will forward three nominees to the governor for each vacancy. He will choose one of those three for each open position, and the selection will be final.



There has been speculation about who will name the new justices, who will replace three judges removed in the Nov. 2 election after a high-profile campaign seeking their ouster because they joined a unanimous ruling that legalized gay marriage in Iowa.



Voted off the court were Chief Justice Marsha Ternus and justices Michael Streit and David Baker. It was the first time in the 48-year-history of Iowa's judge selection system that voters have removed Supreme Court justices.



The court will continue to function with the four remaining members until appointees are named.



Cook said the commission must makes several decisions before getting started, including whether to meet three times to consider replacements for the justices, or meet once and send the governor a field of nine candidates for the job.



"Whether we meet three times or send nine names to the governor to consider, we'll have to decide," he said.



The court also is facing some unsettled issues, said court spokesman Steve Davis.



There are oral arguments scheduled during December, and it isn't clear how many justices will hear those arguments because the decisions typically wouldn't be issued until the next year.



In addition, Ternus typically would deliver the annual Condition of the Judiciary speech to a joint session of the legislature. It's unclear who will give that speech since Ternus will by then be off the court.



Critics of the court have also called for changing the system of selecting judges to ensure political balance in the nomination process or give legislators a role in confirming those appointed.



Senate Majority Leader Michael Gronstal, D-Council Bluffs, said no movement will be made on those proposals in next year's legislative session.



"I don't believe the selection process should be changed," Gronstal said.



And this, also related, from Radio Iowa:
 
Governor-elect says court commission should take its time


by O. Kay Henderson on November 15, 2010



in Crime & Courts,Politics & Government





Governor-elect Terry Branstad says the commission that selects a slate of nominees for openings on the Iowa Supreme Court should move cautiously rather than quickly. “Already, I mean, there’s a legitimacy question about the court since you had three of them on the ballot who were rejected,” Branstad says.



“The judicial nominating commission is not balanced. You have 12 Democrats and only one Republican on it, so I think to really restore credibility to the court system, it’s important that they not try to rush to judgment.” Three justices were voted off the court in this year’s election and the state’s Judicial Nominating Commission must meet to come up with a list of three nominees for each vacancy.



“And it’s the legitimacy and the future legitimacy of the court’s that’s at stake so I think the judicial system understands that they need to approach this in a very thoughtful and deliberative way,” Branstad says. Once there’s a vacancy on the court, the Judicial Nominating Commission has 60 days to sort through applications and submit three names to the governor for his consideration.



Late last week a key leader in the effort to oust the three justices in this year’s retention election suggested the four justices who remain on the court should consider resigning.



And lastly, this, also related, also from Radio Iowa:
 
Democrat Gronstal says he won’t change stance on gay marriage amendment


by O. Kay Henderson on November 15, 2010



in Legislature,Politics & Government



Democrats in the Iowa Senate Sunday re-elected Michael Gronstal as their majority leader. But in a two-hour-long closed-door meeting, some Democratic Senators lobbied Gronstal to allow a vote on the issue of same-sex marriage. Gronstal has vowed to block action in the senate on a resolution that would set up a statewide vote on a constitutional amendment banning gay marriage.



“I don’t think I’ve really wavered on this subject. I’ve said it from kind of start to finish on this whole discussion,” Gronstal said this weekend on Iowa Public Television. “I’m not going to put discrimination in the constitution of the state of Iowa.” Senate President Jack Kibbie, a Democrat from Emmetsburg, is among the senators who’d like Gronstal to change his mind and at least allow a vote.



“Well, he might make that decision on the floor, but maybe the committees might make a different decision,” Kibbie said. “We’ll cross that bridge when we come to it.” Democrats expect to hold a 26-to-24 majority in the Iowa Senate in January, although the ballots cast in two very close state senate races are being recounted. Gronstal says the senators who met Sunday discussed what went wrong for Democrats on November 2nd.



“We lost a number of folks and we certainly regret that and we think those were good public servants, but we’ll continue that evaluation,”Gronstal says. “But we had some initial discussions about that.” Gronstal says Democrats in the senate will meet again in early December to come up with a list of the issues they plan to pursue when the legislature convenes in January.



Republicans will control the debate agenda in the Iowa House, and a Republican governor will be sworn into office in mid-January.