What to know about Iowa's judicial retention elections in November

When Iowans vote in November for governor, U.S. Senate and House and Iowa Senate and House, they'll also have the chance to vote on whether their current judges and justices are doing a good job.

Under state law, the governor appoints district judges, appellate judges and justices on the Iowa Supreme Court, who must afterward stand for retention elections. This year, voters will have the choice to retain or dismiss two Supreme Court justices, two appellate judges, and 61 district-level judges across the state. District and appellate judges serve six-year terms, while Supreme Court justices serve eight-year terms.

The state judicial branch describes retention elections as "intended to focus on the professional competency of Iowa's judges" rather than as a referendum on any particular ruling. Retention elections in Iowa are generally routine, and it's rare for a judge or justice not to be retained. The significant exception was in 2010, when three Supreme Court justices lost their retention elections amid backlash to the court's ruling that legalized same-sex marriage in Iowa.

The Iowa State Bar Association releases biannual performance reviews of judges up for retention election based on surveys of its thousands of member attorneys. Here are the members of the judiciary who will be on the ballot in November, and what the lawyers who practice in their courtrooms had to say about them.

READ: Iowa State Bar Association 2022 Judicial Performance Review

Iowa Supreme Court justices on the ballot: Dana Oxley and Matthew McDermott

The two Supreme Court justices up for retention are Dana Oxley and Matthew McDermott, both appointed to the court in 2020 by Gov. Kim Reynolds.

Since joining the court, part of a rapid turnover that has seen five new justices on the court since 2018, Oxley and McDermott have taken different paths. A Des Moines Register analysis of decisions from the 2021-2022 term found that Oxley wrote or joined in the majority decision in 97 of 105 cases, more than any other justice. McDermott was part of the majority in only 79 cases, fewer even than the court's sole Democratic appointee, Brent Appel.

Oxley wrote the fewest opinions of any justice, but her opinions, on average, attracted the most justices to sign on of any of her colleagues. McDermott wrote more than twice as many opinions, second only to Appel, many of which were solo opinions.

In the court's highest-profile case, involving a challenge to a law mandating a 24-hour waiting period for abortions, Oxley joined the majority in significantly paring back constitutional protections for abortion rights. McDermott wrote a partial dissent in that case arguing that the majority did not go far enough and should have set an even lower bar for future abortion legislation to cross.

In their reviews from the bar association, both justices received high marks for temperament and courtesy, but lower scores for deciding cases based on the facts and law rather than outside influences. Seventy-seven percent of attorneys recommended McDermott be retained, as did 81% of attorneys for Oxley.

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Iowa Court of Appeals judges on the ballot: Paul Ahlers and Gina Badding

On the Iowa Court of Appeals, the state's intermediate appellate court, two judges are up for retention in November. Paul Ahlers was appointed by Reynolds in 2019, and Gina Badding was appointed in 2021.

Both judges received high marks on the bar association survey, with both rated at better than four out of five in every category. Ahlers' lowest score, 4.19, was in the area of temperament and demeanor, while Badding's lowest scores were 4.44 in knowledge of the law and perception of factual issues.

That high regard is reflected in their final endorsements. Ahler was recommended for retention by 89% of survey respondents, while 94% want to see Badding retained.

61 district judges are on the Iowa ballot

The 61 district judges up for retention work out of local judicial districts across the state. Thirteen of Iowa's 14 judicial districts have at least one judge up for retention in 2022.

Most judges come highly recommended by their colleagues on the bar, with many endorsed by more than 90% of responding attorneys. Six judges received 100% endorsements.

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Although no judges were recommended for rejection by the bar membership, one came close. In District 5C, which covers Polk County, only 50% of attorneys recommended Associate Judge Cynthia Moisan be retained. Moisan, a judge since 1995, scored lower than four out of five in every category, with particularly low marks for temperament (2.55), avoiding undue personal observations and criticisms (2.70), and courtesy and patience with litigants, lawyers and court staff (2.48). Moisan could not be reached for comment on the bar association report.

After Moisan, no other judge was recommended for retention by fewer than 66% of respondents.

In Polk County, voters will be able to vote for retention of 12 judges. In addition to Moisan, the judges on the ballot will be Jeffrey Farrell (94% recommended to retain), Robert Hanson, (99%), William Kelly (97%), David Porter (87%), Scott Rosenberg (93%), Paul Scott (95%), Jeanie Vaudt (76%), Susan Cox (92%), Brent Pattison (100%), Jesse Ramirez (100%) and Kimberly Rodgers Smith (89%).

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.

This article originally appeared on Des Moines Register: Iowa 2022 election guide to judges, justices on the ballot