Governor Kim Reynolds has declined to fill a District Court vacancy in northern Iowa, after finding the selection process was tainted by Judge Kurt Stoebe’s “unprofessional” conduct, including favoritism toward one applicant and “significantly misleading comments” that took another applicant out of contention.

In a November 11 letter to members of the District 2B Judicial Nominating Commission, Reynolds explained why she was taking the “extraordinary step” of not proceeding with an appointment, which she said “has been done only once before,” by Governor Bob Ray.

The district nominating commission submitted two names to the governor’s office on October 12. Normally Reynolds would be required to appoint one of those candidates within 30 days. However, the governor wrote, her staff investigated after hearing serious concerns about the commission chair, District Assistant Chief Judge Kurt Stoebe. Several commissioners indicated he gave one applicant extra interview time and “coaching” during the interview.

The commissioners said Stoebe made unprofessional comments about some others who applied for the judgeship.

Commissioners described Judge Stoebe’s comments about his disfavored applicants as “uncomfortable” and “disturbing.” Stoebe questioned whether an applicant was “up for the job” with family obligations and young children at home. He criticized at length one applicant’s business and personal dealings in the community, told the Commission that the applicant “doesn’t have the heart to sit on the bench,” and told a commissioner who knows the applicant personally that there “must be two [John Does]: one real and one fake,” implying that the commissioner knew the ‘fake’ applicant. Judge Stoebe also claimed that his personal nickname for another applicant was “Clueless [Doe].”

Most jarring, Judge Stoebe made significantly misleading comments to the Commission that appear to have affected its deliberative process and excluded one applicant from consideration. According to numerous commissioners, Stoebe instructed commissioners that an applicant had told Judge Stoebe immediately following the applicant’s interview, outside the presence of the other commissioners, that he was withdrawing his application from consideration. Those commissioners did not vote for that applicant because of that information. But when my staff spoke with the applicant during this investigation, the applicant adamantly denied making such a statement. […]

Reynolds wrote that while she is required to appoint a judge from a list of nominees referred by the commission, she is “also bound to take care that all laws are faithfully executed.” Stoebe’s conduct “wasn’t just unprofessional,” but “tainted this selection process to such an extent that the Commission did not carefully consider each individual that applied for this position,” as required under state law.

The governor asked the commission members to start over with filling the vacancy in Judicial District 2B, which arose due to her recent appointment of Judge Gina Badding to the Iowa Court of Appeals.

Stoebe has served as District Court judge since 2011. He previously was a district associate judge for nearly five years and before that was Humboldt County’s magistrate for five years.

The next steps regarding his alleged misconduct are unclear. Staff for the governor’s office and judicial branch did not immediately respond to Bleeding Heartland’s inquiries. Efforts to reach the court administrator for Judicial District 2 were also unsuccessful. My understanding is that the District 2 Chief Judge James Drew (who was copied on Reynolds’ letter) can remove Stoebe as chair of the district judicial nominating commission.

There are three methods for removing an Iowa judge from the bench. The public can vote against retaining a judge. Since Stoebe was retained for six years in 2018, he won’t be on the ballot again until 2024.

The other two methods could occur more rapidly. The Iowa House could impeach Stoebe by a majority vote. His conviction and removal would require a two-thirds vote in the Iowa Senate.

Alternatively, Iowa’s “commission on judicial qualifications has the authority to investigate complaints of judicial misconduct and recommend to the supreme court that it retire, discipline, or remove a judge.” I will update this post as needed if I can confirm whether any such investigation is ongoing, or whether Iowa Supreme Court Chief Justice Susan Christensen intends to initiate such a probe. The chief justice also received a copy of today’s letter.

Although I’ve criticized one of the governor’s tardy judicial appointments, Reynolds was absolutely right not to appoint a judge under these circumstances. Iowa’s merit selection process depends on nominating commissions making informed choices, not unduly influenced by one person’s preferences or deception about the applicants.

UPDATE: The Iowa Judicial Branch published the following statement on November 12.

On October 12, 2021, District 2B Judicial Nominating Commissioners signed a letter to Governor Reynolds submitting two nominees to fill a district court vacancy. After the Nominating Commission submitted the names of the nominees, the judicial branch was contacted by the governor’s office regarding complaints about the conduct of Commission Chair Judge Kurt Stoebe. Judge Stoebe and each member of the commission were contacted and, in light of the concerns raised by commission members, Judge Stoebe agreed to step down as chair of future nominating commissions. Judge James Ellefson, the second most senior judge in Judicial District 2B, will succeed Judge Stoebe as chair of the District 2B Judicial Nominating Commission. 

The Iowa Judicial Qualifications Commission is an independent government body responsible for investigating allegations of judicial misconduct.  The Iowa Supreme Court does not (and cannot) discipline judicial officers without first receiving a public report from the Judicial Qualifications Commission after its investigation.  The operations and procedures of the Commission are set forth in Iowa Code Sections 602.2103 and 2104.   More information regarding the Judicial Qualifications Commission can be found on their website: www.iowajqc.gov.

Asked whether the Judicial Qualifications Commission will investigate Stoebe and possibly refer him for discipline, or whether the matter is considered resolved now that Stoebe has stepped back from his role on the commission, judicial branch spokesperson Steve Davis pointed me to the relevant Iowa Code section and Iowa Court rules on confidentiality. Any materials relating to an investigation “shall be confidential” and would become public only if the commission recommends that the Supreme Court discipline or remove Stoebe.

LATER UPDATE: Stoebe emailed colleagues on November 12 to say he was resigning as assistant chief judge of the 2B Judicial District, Jared Strong reported for Iowa Capital Dispatch. It doesn’t sound like he resigned his judgeship, however; the email said, “It has been a great pleasure to serve you over the past year.” Stoebe has been a district court judge for more than ten years.

Stoebe giving up the title of assistant chief judge may not technically allow Ellefson to lead the judicial nominating commission. As Ryan Foley reported for the Associated Press, Iowa’s constitution gives that role to the judge with the most seniority in the district. Specifically, the relevant portion of the constitution states, “The district judge of such district who is senior in length of service shall also be a member of such commission and shall be its chairman.” Unless he steps down from the bench entirely, Stoebe is still “senior in length of service” in this district, which covers thirteen counties.

Strong uncovered more details about the only previous time an Iowa governor rejected both finalists forwarded by a judicial nominating commission.

A nominating commission was forced to rescind its picks in 1982 after Gov. Robert Ray’s staff found that the nominations were made too early, according to an Aug. 28, 1982, Quad-City Times article. The commission had convened too soon after a judge announced his resignation, which wasn’t effective until several months later.

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Appendix: Full text of November 11 letter from Governor Kim Reynolds to members of the District 2B Judicial Nominating Commission

Top image: Humboldt County Courthouse in Dakota City, Iowa. May 2010 photo by Brandonrush, available via Wikimedia Commons.