I mentioned last week a statutory effort to end merit selection for the Kansas Court of Appeals. I noted at the time that these intermediate appellate courts, because they are often created by statute, are also able to have their selection methods changed by statute alone (vs. a constitutional amendment).This week, it is Iowa, likely in partial response to anger and angst over the state’s supreme court ruling in favor of same sex marriage several years ago.

The Iowa Constitution guarantees merit selection for that court (and the lower, District Court), and efforts have been introduced to end that system (HJR 12 and SJR 13). Such efforts would require two consecutive legislatures to approve it (majority vote only), plus approval at the ballot box. Thus, a change in the system would take years and a great deal of effort. The Court of Appeals, because it relies on a mere statute (Iowa Code 46.12 and 46.14A) can have its selection system changed in a matter of weeks during a single legislative session.

Enter HB 429 of 2011 which would end merit selection for the court and replace it with gubernatorial nomination and senate confirmation. Like the Kansas proposal, it would not do away with retention elections, however.

The bill is currently pending before the House Judiciary Committee.

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