President's Letter

I attended the National Conference of Bar Presidents 2024 Annual Meeting, last August where discussions included judicial independence across the nation. Judicial independence is a fundamental pillar of democratic governance and the rule of law. Iowa lawyers are uniquely positioned to protect and promote judicial independence in our state, especially at a time when public confidence in the judicial system is arguably at its lowest ebb. By upholding these principles, we can work together to restore trust and ensure justice in Iowa is served fairly and impartially.

The judiciary is a vital component of the three branches of government, each dependent on the other in a dynamic interplay of power as organized under the Iowa Constitution. The Iowa Constitution vests judicial power in the Iowa Supreme Court, district courts of the state, and other courts established by the General Assembly. This structure exemplifies the idea that the independence of the judiciary serves as a cornerstone of American democracy, a principle championed by Alexander Hamilton and supported by the framers of the U.S. Constitution. Every Iowa lawyer is a member of the legal profession. As such, every lawyer is an officer of the legal system and is a public citizen with a special responsibility for the quality of justice. These principles are expressed in the Iowa Code of Professional Conduct preamble regarding a lawyer's responsibility.

It is fitting that the 14th and final preamble in the Iowa Code of Professional Conduct emphasizes the vital role lawyers play in preserving society. This preservation depends on ensuring that citizens understand their relationship with the legal system. Judicial independence, as a cornerstone of democracy, is essential for maintaining societal stability and is critical in defining and protecting both public and private interactions. By actively promoting education about the legal system and advocating for impartial judiciary practices in this state, Iowa lawyers can help safeguard the integrity of justice and foster a well-informed Iowa citizenry.

As an Iowa attorney, you may be asked by clients or community members for your opinion about any of the five appellate judges and 64 district court judges who are standing for retention in the general election on Nov. 5. Judicial retention elections have been used in Iowa since 1962 when Iowa adopted its merit system for selecting judges. These elections are designed to foster fair and impartial courts while maintaining judicial accountability, focusing on the professional competency of Iowa's judges rather than the popularity of individual rulings. For over 60 years, the ISBA has conducted a Judicial Performance Review to inform Iowans about judges up for retention during that election year. Before the final performance review is published, all qualifying, active ISBA members residing in Iowa will be asked to participate electronically in a judicial performance evaluation of all judges standing for retention.

The judicial performance evaluation rates judges on a scale of one to five (with five being excellent) for professional competence. This includes knowledge of the law, perception of factual issues, attentiveness to arguments, courtroom management, and promptness of rulings. Judges are also rated on their demeanor. Attorneys should only evaluate judges if they: (1) have had sufficient contact and experience with a judge up for retention; (2) have firsthand experience that serves as the basis for their evaluation; (3) have practiced before the judge or are familiar with the judge's work in trial courts; and (4) are familiar with the judge's opinions in appellate courts.

A key value of the judicial performance evaluation process is that the evaluations are synthesized into scaled rankings across four criteria. These rankings are based on responses from ISBA members who participate in the evaluation. The resulting Judicial Performance Review is straightforward and accessible, including details such as biographical information on each judge's core qualifications, experience, and legal training. The review is available to bar members and the public, providing practical and useful information for the judicial retention election.

Retention elections focus on the professional competency of Iowa's judges. If a judicial decision is publicly unpopular or disagreed with by the lawyer-citizen, then legislative advocacy and action-not a retention election-should be the means to address the outcome. As officers of the legal system, we must ensure impartiality and avoid prejudice that could interfere with reasoned and fair decision-making.

As we reflect on our responsibilities as Iowa lawyers during this election year and as we approach the retention elections, let us remember that Iowa's democracy depends upon the independence of the judiciary. Judicial independence should guide the neutral application of the law by those entrusted to exercise judgment on behalf of the citizens of this great state and the lawyers who represent their interests. By upholding these principles, we can work together to restore trust and ensure justice in Iowa is served fairly and impartially.

Please participate in the performance evaluation survey. It reflects upon Iowa attorneys as officers of the legal system and persons respected in our communities as practitioners with special training and insight into the workings of our judicial system. By participating in the survey, utilizing the retention election for its intended purpose, and observing our professional obligations, we strengthen the Iowa courts as a cornerstone of democracy, and as a result, we preserve the rule of law.

Thank you for your continued membership and contributions to the ISBA, whose mission is to support its members and their service to clients, the community, and the judicial system.

Melvin O. Shaw

The Law Office of Melvin O. Shaw, P.L.C.

[email protected]

319-337-7429

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