Thirteen of the 79 Iowa judges who are running in the November election responded to a questionnaire sent by a conservative group that asked the judges to share their views on abortion rights and other issues, the AP/WHO-TV reports (Lorentzen, AP/WHO-TV, 9/6).
The five-page questionnaire was sent by the group Iowans Concerned About Judges -- a coalition made up of the American Family Association, Concerned Women for America of Iowa, Focus on the Family, Iowa Christian Alliance, Iowa Family Policy Center and Professional Educators of Iowa.
Of the 13 who responded, many sent letters declining to answer specific questions. Chuck Hurley, president of the IFPC, said, "The disappointment is that the responses saying that to answer would harm their impartiality does not accord with the clear U.S. Supreme Court ruling saying it would not" (Lorentzen, Associated Press, 9/6).
The Supreme Court in June 2002 ruled in a 5-4 decision that Minnesota state judicial candidates have a right to free speech during campaigns and may openly discuss their views on issues such as abortion (Kaiser Daily Women's Health Policy Report, 3/24/05).
Iowa Supreme Court Chief Justice Louis Lavorato said, "If a judge announces a position on an issue, which the judge has every right to do, the judge's impartiality may be called into question, and the judge may have to decline handling cases involving that issue" (Gearino, Quad City Times, 9/6).
Nancy Tabor, a judge in the state's seventh judicial district, wrote in her response to the questionnaire that potential recusals caused by stating positions on issues "may be necessary, causing delays and possible harm to litigants."
Hurley said some of the judges who responded "did say they are strict constructionists, which is a good beginning for informed voters in Iowa."
The state appoints judges by a merit-based system, and state residents can vote to retain or remove a judge every eight years (Associated Press, 9/6).
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