Iowa Supreme Court
Encyclopedia
The Iowa Supreme Court is the highest court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....

 in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...

. As constitutional head of the Iowa Judicial Branch, the Court is composed of a Chief Justice and six Associate Justices.

The Court holds its regular sessions in Des Moines
Des Moines, Iowa
Des Moines is the capital and the most populous city in the US state of Iowa. It is also the county seat of Polk County. A small portion of the city extends into Warren County. It was incorporated on September 22, 1851, as Fort Des Moines which was shortened to "Des Moines" in 1857...

 in the Iowa Judicial Branch Building located at 1111 East Court Avenue on the state Capitol grounds just south of the Iowa State Capitol
Iowa State Capitol
The Iowa State Capitol is located in Iowa's capital city, Des Moines, and houses the Iowa Senate, Iowa House of Representatives, the Office of the Governor, and the Offices of the Attorney General, Auditor, Treasurer, and Secretary of State...

.

History

In 1846, Iowa became the 29th state to join the United States. Following the constitution of the federal government, the powers of the government in Iowa were divided into the legislative branch, the executive branch, and the judicial branch. In the judicial branch, the Iowa General Assembly
Iowa General Assembly
The Iowa General Assembly is the legislative branch of the state government of Iowa. Like the federal United States Congress, the General Assembly is a bicameral body, composed of the upper house Iowa Senate and the lower Iowa House of Representatives respectively...

 divided the state into four judicial districts, and Supreme Court justices were to serve six year terms, while district judges were elected for five year terms. The Iowa Constitution of 1857 increased the judicial districts from four to 11, and allowed the General Assembly to reorganize districts after 1860 and every four years thereafter.

Functions

The Iowa Supreme Court is an appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

. An appellate court reviews decisions of trial courts in which appeals have been allowed. An appellate court does not preside over trials. Appellate court hearings do not involve witnesses, juries, new evidence, or court reporters. Instead, an appellate court reviews the written record of the trial court to determine whether any significant legal errors occurred. The Rules of Appellate Procedure list the requirements for filing an appeal.

The seven-member Iowa Supreme Court has many important responsibilities.
  • The Court is the "court of last resort" or the highest court in the Iowa state court system. Its opinions are binding on all other Iowa state courts.
  • The Iowa Supreme Court has the sole power to admit persons to practice as attorneys in the courts of Iowa, to prescribe rules to supervise attorney conduct, and to discipline attorneys.
  • The Court is responsible for promulgating rules of procedure and practice used throughout the state courts.
  • The Iowa Supreme Court has supervisory and administrative control over the judicial branch and over all judicial officers and court employees.

Justices

Justices are appointed by the governor from a list of nominees submitted by the State Judicial Nominating Commission
Missouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...

. A justice serves an initial term of office that is one year after appointment and until January 1 following the next judicial retention election
Retention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...

 after expiration of such year. The regular term of office of justices retained at election is eight years. A justice must retire upon reaching the age of 72. The justices elect the chief justice.
Name Appointed/Elected Term expires Appointing Governor Governor's Party Affiliation
Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

 Mark Cady 
1998 December 31, 2016 Terry Branstad  Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

David Wiggins  2003 December 31, 2012 Tom Vilsack
Tom Vilsack
Thomas James "Tom" Vilsack is an American politician, a member of the Democratic Party, and presently the U.S. Secretary of Agriculture. He served as the 40th Governor of the state of Iowa. He was first elected in 1998 and re-elected to a second four-year term in 2002...

 
Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

Daryl Hecht  2006 December 31, 2016 Tom Vilsack
Tom Vilsack
Thomas James "Tom" Vilsack is an American politician, a member of the Democratic Party, and presently the U.S. Secretary of Agriculture. He served as the 40th Governor of the state of Iowa. He was first elected in 1998 and re-elected to a second four-year term in 2002...

 
Democrat
Brent Appel  2006 December 31, 2016 Tom Vilsack
Tom Vilsack
Thomas James "Tom" Vilsack is an American politician, a member of the Democratic Party, and presently the U.S. Secretary of Agriculture. He served as the 40th Governor of the state of Iowa. He was first elected in 1998 and re-elected to a second four-year term in 2002...

 
Democrat
Bruce B. Zager  February 2011 December 2012 Terry Branstad  Republican
February 2011 December 2012 Terry Branstad  Republican
Thomas Waterman  February 2011 December 2012 Terry Branstad  Republican


Mark Cady is the current Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...

 on the Court.

The Court had three vacancies following the defeat of three justices in the November 2, 2010, retention election. Those vacancies were filled in February 2011 by the appointments of Edward Mansfield, Thomas D. Waterman, and Bruce Zager. In March 2011, the Court voted for Justice Cady to continue as Chief Justice.

In Re the Matter of Ralph

In the very first decision of the Iowa Supreme Court — In Re the Matter of Ralph, decided July 1839 — the Court rejected slavery in a decision that found that a slave named Ralph became free when he stepped on Iowa soil, 26 years before the end of the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...

.

Clark v. The Board of Directors

In 1868, the Iowa Supreme Court decided Clark v. The Board of Directors, ruling that racially segregated “separate but equal
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...

” schools had no place in Iowa, 85 years before the U.S. Supreme Court reached the same decision.

Arabella A. Mansfield

In 1869, Iowa became the first state in the union to admit women to the practice of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

, with the Court ruling that women may not be denied the right to practice law in Iowa and admitting Arabella A. Mansfield to the practice of law.

Coger v. The North Western Union Packet Co.

The Court heard Coger v. The North Western Union Packet Co. in 1873, ruling against racial discrimination in public accommodations 91 years before the U.S. Supreme Court reached the same decision.

Varnum v. Brien

On April 3, 2009, in Varnum v. Brien
Varnum v. Brien
Varnum v. Brien, 763 N.W.2d 862 , is an Iowa court case in which six same-sex couples filed suit against Timothy Brien, Polk County Recorder, for refusing to grant marriage licenses to them...

, the Iowa Supreme Court unanimously struck down a statutory same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

 ban as unconstitutional, joining the highest judicial bodies of Massachusetts
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...

, Connecticut
Connecticut Supreme Court
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol...

, California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...

, and Hawaii
Hawaii State Supreme Court
The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions of the trial courts in which appeals have been granted...

as the fifth court to rule for the right of same-sex marriage under the state constitution.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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