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Contact: Rachel Decker, Media Coordinator, HALT
rdecker@halt.org or 202-887-8255
Washington, DC
Today, the nation's first comprehensive study of the systems
that hold state and federal judges accountable ranked Iowa 36th in the
nation and issued the state's program a D+ grade. To shine a light on the
typically secretive and toothless systems that often fail to remove abusive
and incompetent judges from the bench, legal consumer watchdog group HALT,
Inc. released its 2008 Judicial Accountability Report Card, analyzing
programs in all 50 states, D.C. and the federal circuits.
"Iowa's system of judicial oversight is one of the most secretive in the
nation," stated HALT Senior Counsel Suzanne M. Blonder. Iowa officials are
not allowed to release information about ethics complaints against judges
unless and until the state's Judicial Qualifications Commission files a
recommendation for discipline with the state's high court.
And unlike policies in most states that allow citizens to speak freely
about their complaints against judges, Iowa's Court Rules state: "Every
witness in every [Judicial Qualifications Commission] proceeding shall
swear...to not disclose the existence of the proceedings or the identity of
the judicial officer or employee."
"The vast majority of states have abolished these sorts of 'gag' rules,"
stated Blonder. "Iowa's restrictions not only violate citizens' right to
free speech, they also keep the general public in the dark about whether
the system of judicial oversight is operating effectively."
Additionally, although Iowa law requires judges to file annual financial
disclosure reports, the filings do not include critical information
regarding the judge's board affiliations or the economic interests of the
judge's spouse and dependents.
"At a time when the American public has lost faith in the impartiality and
fairness of the nation's judiciary, it's critical that we have an effective
system of oversight for judges," stated Blonder, noting that formal
background checks for criminal, professional discipline, financial, mental,
or personal problems are not required for associate court judges in Iowa.
The only requirements are an application, resident status, a law license
and being under 72 years of age. On the other hand, the state requires
background checks for nursing home workers, school employees and dozens of
other professions.
None of the top five states-Washington, Connecticut, Pennsylvania, Arizona
and California-scored higher than a B average on HALT's Report Card. More
than half of the states received grades in the C range and HALT issued D's
to 14 jurisdictions. Two states-Maine and Mississippi-flunked outright.
"We hope that Iowa's chief judicial officers will work to transform a
mechanism marred by secrecy into a system dedicated to upholding the
integrity of the judiciary."
Information about the Judicial Accountability Report Card, including Iowa's Report Card and a detailed grading scale, can be found at www.halt.org. Founded in 1978, HALT, Inc. is a nonpartisan, nonprofit public interest group that challenges the legal establishment to increase accountability in the civil justice system.
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