DES MOINES, Iowa (AP) — The retention vote in which three Iowa Supreme Court justices were ousted was illegal, according to a lawsuit seeking to keep the three justices from being tossed from the bench.
The lawsuit claims the vote violated the Iowa Constitution, which requires judicial retention votes to be held on a separate ballot.
Chief Justice Marsha Ternus and justices Michael Streit and David Baker were voted off following a campaign by groups opposed to the court's unanimous decision to legalize same-sex marriage in Iowa.
The lawsuit, filed by attorneys Thomas W. George, John P. Roehrick and Carlton Salmons, asks for a temporary judicial order that would prohibit the judges from leaving the court when their terms expire at the end of December.
The lawsuit names Secretary of State Michael Mauro, who is responsible for voting and ballot procedures. It also names the three justices.
A hearing is scheduled for next Monday in Polk County District Court. Mauro said he's confident the lawsuit will be unsuccessful.
“I can't speak for what a judge would say,” he told the Des Moines Register. “But simple logic tells you this has been in place for quite a while. The voters have made a decision and we should be moving forward, not looking for ways to overturn elections.”
The lawsuit, filed last Monday, is not the first in the controversy over the ousted judges.
A lawsuit filed Dec. 9 claims the process used to interview applicants for the three Supreme Court vacancies denies the public the opportunity to participate. It seeks an order preventing seven lawyer members of the state's Judicial Nominating Commission from selecting finalists to replace the judges.
The lawsuit filed this week contends the ballots cast Nov. 2 were illegal because a 1962 amendment to the state constitution says judges “shall at such judicial election stand for retention in office on a separate ballot which shall submit the question of whether such judge shall be retained in office for the tenure prescribed for such office.”
The lawsuit said the Legislature later approved putting the names of the judges on one ballot, something the lawyers claim violated the Iowa Constitution.
The lawsuit seeks to have the three judges serve until the next general election or until a special election is held using lawful ballots.
Roehrick is a former chairman of the Iowa Democratic Party. Salmons was registered as a Democrat and George was registered as “no party” in 2007.
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