Judicial ousting efforts may see push back

Come next fall, there will be more than just television ads pitting red against blue, liberals and conservatives. Activist groups on the both sides of the aisle are expected to battle it out over a judicial bench position up for retention — a position not typically politicized.

Conservative activist and The Family Leader‘s chief executive Bob Vander Plaats has indicated it’s likely conservative groups will target Iowa Supreme Court Justice David Wiggins in an effort to vote him off the bench when he faces retention in 2012.

Vander Plaats led a successful effort, significantly funded by out-of-state groups like the American Family Association, in 2010 to oust three Iowa Supreme Court justices from the bench, because they were part of a unanimous 2009 ruling  — Varnum v. Brien — that upheld gay marriage in Iowa. Wiggins was also part of that ruling. Vander Plaats has not confirmed if The Family Leader will lead the effort or contribute to it as part “of a broad spectrum of conservatives.”

“When people shut off the voice of the people … they need to be held accountable,” Vander Plaats has said.

This time around, though, conservative groups like The Family Leader may encounter push back. The non-profit Justice Not Politics is preparing for a fight to keep politics out of the retention vote if it comes to that, officials said Friday.

“We want to get information out there about our judicial system and the purpose of a retention vote,” Connie Ryan Terrell, board chairwoman of Justice Not Politics, told the Iowa Independent. “A retention vote is different from an election vote, and it’s our intention to educate the public. There was a lot of deliberate misinformation (about the courts) given by Bob Vander Plaats in 2010.”

In an election, Ryan Terrell said, “there are two or more candidates, with one selected based on how they best fit your beliefs, but a retention is one person where the vote is based on how well she or he do their job, and if they based their decisions in accordance with the constitution. It’s not supposed to be about if you agree or disagree with their decisions.”

Vander Plaats has maintained the 2010 effort was spearheaded because the justices overstepped their constitutional bounds by upholding Varnum v. Brien, rather then taking it to the Legislature — and the public. Following the last general election, a group of lawmakers with tea party movement ties unsuccessfully attempted to impeach still seated justices who signed onto the unanimous Varnum decision.

Justice Not Politics is part of coalition, working alongside One Iowa, the state’s largest gay rights advocacy organization.

“We’re monitoring the situation,” One Iowa’s executive director Troy Price said. Price is also a board member of Justice Not Politics. “Right now, we intend to continue notifying our members of attacks on the courts, and to counter the messages from those trying to inject politics into the courts.”

Price said it was a matter of too little, too late in 2010 to counter the ousting.

“I don’t think people really treated the threat very seriously,” he said. “That won’t happen again.”

Ryan Terrell said as the coalition will attempt to depoliticize judicial retention, and ensure their potential counter efforts are not making the process even more politicized.  The coalition will raise money through donations, but Ryan Terrell said money will not go to keeping a specific person on the Supreme Court bench.

“Our intention and goal is provide education and get accurate information out about the role of our court and judicial process,” she said. “Bob Vander Plaats brings in money from out-of-state hate groups for his political agenda.”

Wiggins declined comment to The Iowa Independent, saying, “It’s to soon to know what’s going to happen.”