Ousting State Supreme Court Justices For Unpopular Decisions - KOTA Territory News

Ousting State Supreme Court Justices For Unpopular Decisions



Gary Jensen
Beardsley, Jensen and Von Wald


Three Justices of the Iowa Supreme Court were voted off the bench in the recent election because a majority of the voting public did not like how they voted on an issue presented to the Court.


Is that appropriate?


Should the public be allowed to vote out a Judge because they don't like the Judge's decision even if the Judge's ruling is correct and, as in this instance, is joined by every other Judge on the Court?


What about the rule of law? Are we a country governed by the rule of law or by the rule of majority vote?


Does it matter what the issue before the Court was? Should it matter?


Should judges be making decisions based on what the law is, or on what will keep them from being voted out of office?


How should judges be selected and retained?


Want to know more – do your search on Google or Bing. You'll find plenty of thought and analysis on this issue


E-mail Gary


Lawline@KOTATV.com is intended as general information on legal issues affecting us all.  This information should not be relied upon in any particular case and should never be used in lieu of consulting with an attorney.


1.      You see yet another car accident at a spot where there have been many accidents in the past and will be more accidents in the future? 


2.      You learn another person is hurt using a machine that has injured others in the past and will injure others in the future? 


3.      You watch a dangerous practice – like where a school bus parks – you know is a disaster waiting to happen?  


What should you do? 


Try to prevent the next accident, injury, and catastrophe from happening. 


How can you do that? 


Send a letter or email to those responsible – the highway department, the owner and operator of the machine, the school district - putting them on notice of the danger.


Your letter or email will either prompt a "fix" or help the next innocent victim establish liability against those who failed to act.   


Taking a few minutes to write a letter or email can have a huge impact; you can be a difference maker. 

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