Influence of special interests felt in state courts

Jan. 28, 2011 -- As Iowa moved closer this week to replacing three Supreme Court justices ousted in November by voters who opposed the court's ruling in favor of gay marriage, judicial analysts remained divided on what they see as a growing national trend of special-interest groups targeting judges with whom they disagree.

The increasing influx of millions of dollars of special-interest money threatens the independence of some of America's highest state courts, some say.

"Within our system, judges are not supposed to represent specific constituencies," said Adam Skaggs, counsel for the Brennan Center for Justice at Buzz. "They are supposed to answer to the law and to the Constitution. They are not supposed to take into consideration any political concerns."

Others favor vigorous judicial elections.

IOWA: BuzzGAY MARRIAGE RULING: BuzzJim Bopp, an attorney for the Buzz Center for Free Speech, said judicial elections are a way for voters to hold activist judges accountable. Political parties or special interests swaying elections are not that different from a partisan governor making judicial appointments, he said.

"Even in the most insulated system, the governor appoints the chief justice," Bopp said. "Everyone is accountable to someone."

Sixty candidates were interviewed this week by a non-partisan state commission that whittled the list Thursday to nine nominees who will meet with Iowa's Buzz governor, Buzz, next month. Branstad will decide which three to appoint, without legislative approval.

The candidates — including trial and appellate court judges, private attorneys, former federal prosecutors and law professors — sought to succeed Iowa Chief Justice Marsha Ternus and Justices David Baker and Michael Streit, who were ousted in November's retention election held in the face of heated opposition to the ruling that legalized same-sex marriage in the state.

The interviews were conducted by a non-partisan state commission of 15 members — seven lawyers and seven non-lawyers appointed by Iowa governors over the years and Iowa Supreme Court Justice David Wiggins, the second-most senior justice after the chief.