Iowans will decide this November whether to allow one Iowa Supreme Court justice, four Iowa Court of Appeals judges, and 64 Iowa District Court judges to remain on the bench. Since our state adopted the current judicial selection system in 1962, each judge must periodically go on the ballot—every eight years for Iowa Supreme Court justices, every six years for those serving on other courts.

Iowa voters have retained almost all judges over the past six decades. But any jurist who receives more “no” than “yes” votes in November—as happened with three Iowa Supreme Court justices in 2010—will be out of a job. Governor Kim Reynolds would fill any vacancies in early 2025, after receiving a list of finalists from the State Judicial Nominating Commission or its district-level counterpart.

While some people routinely approve or reject every judge up for retention as a matter of principle, voters who want to make informed choices often find it difficult to learn anything about the judges listed on the back of the ballot.

This post highlights the appeals and district court judges who received the highest and lowest ratings in the 2024 Judicial Performance Review, the main public source of information about Iowa’s judges. I will also explain why I plan to vote against retaining a member of the Iowa Court of Appeals and a district associate judge in Polk County.

A forthcoming Bleeding Heartland article will analyze how Iowa Supreme Court Justice David May has decided high-profile cases since Reynolds appointed him in July 2022.

For the second time in three years, Governor Kim Reynolds refused to act on a slate of nominees approved by one of Iowa’s regional judicial nominating commissions.

In early November, Reynolds took the “extraordinary step” of returning one candidate to the District 2B Judicial Nominating Commission. She eventually appointed Ashley Sparks to fill the District Court vacancy, but only after the commission held an additional meeting (at the governor’s request) to nominate a second eligible candidate for the judgeship.

The sequence of events raises questions about the governor’s legal authority to intervene when a judicial nominating commission has not adequately discharged its duties.

The situation also raises broader questions about the District 2B Judicial Nominating Commission. In November 2021, Reynolds refused to fill a vacancy in the same district after determining a judge’s “unprofessional” conduct had tainted the selection process. Since then, the District 2B commission—unlike all of its counterparts around the state—has not followed statutory and constitutional provisions that call for the senior judge of a district to chair such bodies.

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.