Six months after the Federal Bureau of Investigation acknowledged that flawed testimony about hair analysis may have caused innocent people to be convicted of crimes, the State Public Defender’s office has created a new Wrongful Conviction Division “to determine whether similar errors have occurred in Iowa cases” and to “pursue available legal remedies.” I enclose below the press release announcing the new office, which will collaborate with Iowa Division of Criminal Investigation, the Innocence Project of Iowa, and the Midwest Innocence Project. People seeking to have their cases reviewed can submit this 12-page intake questionnaire (pdf).

State Public Defender Adam Gregg deserves credit for making this happen less than a year after Governor Terry Branstad appointed him to the job. (A former legislative liaison for Branstad, Gregg ran unsuccessfully for Iowa attorney general in 2014.) The press release indicates that Gregg repurposed a vacant position in his office using existing appropriations. Taking that route allowed him to move more quickly than if he had lobbied state lawmakers for funding to create a Wrongful Conviction Division. Gregg also hired a serious person to run the new division in Audrey McGinn, who spent four years as a staff attorney for the California Innocence Project. Scroll to the end of this post for more background on McGinn’s work.

Radio Iowa’s O. Kay Henderson reported from the October 26 press conference,

“What’s an acceptable error rate for our criminal justice system?” State Public Defender Adam Gregg asked this morning. “Even if we get it right 99 percent of the time and only get it wrong one percent of the time, that would mean there are over 80 innocent people currently incarcerated in Iowa prisons. And at what cost? To the state, it’s about $34,000 per year per inmate. But what about to their families, to their lives and to their sanity? And at what cost to public safety?”

Gregg said when the wrong person is convicted, that means the real criminal isn’t held accountable. The first batch of cases to be reviewed by this new division date back to the 1980s and early ’90s.

Criminal defense attorney Nick Sarcone commented to Bleeding Heartland, “I think this is an important step towards ensuring the integrity of our justice system. However, we need to spend more time, energy and money fixing the substantial issues which plague our system at the trial court level. We need to ensure this new unit is not investigating cases from 2015 in 2030.”

UPDATE: Added below criminal defense attorney Joseph Glazebrook’s reaction to this news.

The Iowa Democratic Party held its final Jefferson-Jackson dinner Saturday night, drawing some 6,000 activists to hear three presidential candidates speak in Des Moines. Last night’s spectacle won’t loom as large over the Iowa caucus campaign as the JJ did in 2007, when it took place in November and the caucuses were scheduled for early January, rather than February. But some new tactics emerged during the speeches by presidential candidates Bernie Sanders, Martin O’Malley, and Hillary Clinton. My thoughts on the evening’s highlights are after the jump.

I am a sucker for hand-made political signs, so I also enclose below my favorite pictures from the crowds in the bleachers. I put “Feel the Bern” in lights up top because I’ve never seen electrified signs at the JJ before.

While I see the value in supporters waving signs (or glow sticks, as many did last night) at a big rally, the “sign wars” some campaigns stage before multi-candidate events have always struck me as pointless. How does it demonstrate “organizational strength” to send a few staffers to put up printed materials in windows or along a road? Why would anyone want their volunteers to stand around yelling for hours before the dinner, rather than saving their energy and voices to show that enthusiasm inside the hall? For those who disagree with me and love the show, Pat Rynard chronicled the morning and afternoon activities by all three campaigns at Iowa Starting Line.

As for why I called it the “final” JJ, the Iowa Democratic Party’s annual fall fundraiser will continue under a to-be-determined name honoring icons considered more inclusive. You can send your suggestion to the state party using this form through February 15, 2016.

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Former State Senator Kent Sorenson testified this week in the trial of two former Ron Paul presidential campaign aides. (A judge dismissed charges against a third man who had been indicted in the same case.) After initially claiming to be the victim of a “straight-up political witch hunt,” Sorenson eventually pled guilty to federal charges related to accepting hidden payments. He had been negotiating with Paul’s operatives for months on a price for changing his allegiance from presidential candidate Michele Bachmann to Paul less than a week before the Iowa caucuses.

Russ Choma wrote up Sorenson’s testimony for Mother Jones, and Grant Rodgers has been covering the trial for the Des Moines Register. On Thursday, Sorenson testified that he was upset when some staffers for Michele Bachmann’s campaign treated him “like a leper,” after he revealed that he had considered switching to Paul and was offered money to do so. Dude, what did you expect? Asking to be paid for a presidential endorsement should get a person shunned from polite society. People with leprosy should take offense at being compared to a guy like you.

Sorenson said in court the next day that going into politics was “a waste of my life, and I wish I had not done it.” I would guess a large number of Iowans in both parties also wish he had never gotten involved with politics.

Ten days ago, Polk County District Court Judge Douglas Staskal heard arguments in a case challenging Governor Terry Branstad’s veto of funding for two in-patient mental health facilities his administration decided to close earlier this year. In one exchange, Deputy Attorney General Jeffrey Thompson asserted that the governor could theoretically shut down the state’s court system by exercising his veto power to reject all appropriated funds for the judiciary. He noted that the constitution gives state lawmakers power to override a governor’s veto (through a two-thirds majority vote in both the Iowa House and Senate), and courts should not take on that role if legislators decline to do so.

I would like to hear attorneys’ opinions on whether the governor’s veto power extends so far. Can the governor eliminate virtually any part of state government by blocking appropriations for it, as long as at least one-third plus one member of one chamber of the legislature will back up his political agenda?

I’ve posted excerpts from these reports after the jump.

Today Governor Terry Branstad scheduled a special election in Iowa House district 21 for Tuesday, December 8. Voters will elect a successor to longtime State Representative Jack Drake, who passed away last weekend.

Iowa House district 21 covers all of Union and Adams counties, most of Cass County, and some rural areas of Pottawattamie County. A detailed map is after the jump. Like most of southwest Iowa, it leans heavily Republican. The latest figures from the Iowa Secretary of State’s office indicate that House district 21 contains 3,720 active registered Democrats, 8,256 Republicans, and 7,401 no-party voters. Mitt Romney carried 53.64 percent of the vote here in the 2012 presidential election, and Joni Ernst (who is from nearby Montgomery County) won 63.75 percent of the votes in House district 21 in last year’s U.S. Senate race.

Iowa’s social conservatives have suffered several setbacks lately in their crusade against Planned Parenthood. The Iowa Supreme Court unanimously struck down an administrative rule that would have banned the use of telemedicine for medical abortions in several Planned Parenthood clinics. Iowa Attorney General Tom Miller informed a large group of Republican lawmakers that his office has neither “jurisdiction over transfers of fetal tissue” nor the “authority to investigate or demand information about the transfer of fetal tissue.” (Not that it mattered, since Planned Parenthood clinics in Iowa have never participated in fetal tissue donation programs.)

Governor Terry Branstad, who has always opposed abortion rights, acknowledged two weeks ago that “we cannot defund Planned Parenthood,” because a review of Planned Parenthood’s contracts with the state revealed that the health care provider has not “violated their responsibilities under the grants that they have received” for family planning services. An official review also confirmed no taxpayer money goes toward abortion services at Planned Parenthood clinics in Iowa.

During this year’s legislative session, Republicans successfully pushed for ultrasound requirements for women seeking abortions, but the final adopted language on ultrasounds did not add any new roadblocks or delays to the process of getting an abortion in Iowa.

Advocacy groups like Bob Vander Plaats’ FAMiLY Leader organization continue to pressure Branstad to keep his 2010 campaign promise to end Planned Parenthood’s state funding. Last week, Iowa House Republicans indicated that they plan to continue their “deliberate and unwavering battle” for the “pro-life” agenda.

Here’s how efforts to defund Planned Parenthood are likely to play out during next year’s Iowa legislative session. What happens after that depends mostly on whether the 2016 general election changes the balance of power at the statehouse.

Among the many examples of corporate cronyism Governor Terry Branstad’s administration has provided these past five years, getting the Iowa Department of Revenue and Finance to rewrite tax code without legislative approval “on behalf of the Iowa Taxpayers Association” is among the most brazen.

Not only does this unprecedented use of the rule making process usurp legislative authority, it may end up being more expensive than “the worst economic development deal in state history.” At least tax incentives benefiting Orascom (for a fertilizer plant the company would have built anyway) have an end point. The Iowa Department of Revenue’s proposed sales tax cut for manufacturers will cost the state of Iowa tens of millions of dollars in revenue every year, indefinitely.

Democratic state lawmakers weren’t happy that the Branstad administration unilaterally decided to let private insurance companies manage the state’s Medicaid program, especially since some corporate representatives were briefed on that managed care plan long before state officials informed lawmakers or the general public. But state lawmakers didn’t have a way to block the Medicaid privatization.

In contrast, the Iowa House and Senate could stop the Iowa Department of Revenue’s proposed rule and thereby assert the authority of the legislative branch to approve tax code changes. Alas, signs from Tuesday’s meeting of the legislature’s Administrative Rules Review Committee (ARRC) point to House Republicans going along with the Branstad administration’s ”serious overreach of executive power.”

The Iowa Department of Revenue and Finance (IDORF) has proposed new administrative rules, effectively providing a tax cut worth tens of millions of dollars for Iowa manufacturers.  Absent a legislative response, the rule goes into effect January 1, 2016.

https://rules.iowa.gov/Notice/…

This is a serious overreach of executive power. The complexity of the issue, coupled with the unquenchable desire by the party in power to reduce taxes on business, provide the perfect climate to give a tax cut to manufacturers of some amount between $35 million to $80 million, perhaps more. This is an ongoing tax cut of increasing value. This action should be weighed against the Governor’s veto of $55.6 million of education funding….one-time education funding….because the State of Iowa ostensibly could not afford it.

And what is the stated purpose of this rule change? According to the notice, the rules are the “subject of a substantial confusion and controversy.” Furthermore, the change will eliminate “administratively burdensome distinctions…”

Periodically, a taxpayer will contest a ruling and win in court. When that happens, the Department provides a rule change that brings its practices in harmony with current law. That is not what is happening here. The Department is not losing cases in defense of the law. It simply finds the effort administratively burdensome.

How burdensome? The Department has identified 1,500 hours costing $85,000 that is required to enforce the Code of Iowa. That represents 0.24% of the revenue the Department claims to collect from this tax, and probably a lower percentage than that, for reasons discussed below. Interestingly, the Department’s budget is $17.8 million. They collect $8.4 billion in taxes. Their entire budget is 0.21% of each dollar collected. The Department should be commended for the efficiency with which it collects these complicated sales taxes owed by businesses to the State of Iowa.

A little historical context is in order. Generally speaking, manufacturers do not pay sales tax on machinery and equipment, supplies, and replacement parts that are part of the “value-added” process. Machinery and equipment was removed from the property tax roles in the late 1990s, a tax benefit of over $200 million, primarily to manufacturers. Most of this equipment is already exempt from sales tax. This latest administrative action continues the drip drip drip of the erosion of the tax base.

Normally, when the Governor wants to provide a tax cut to businesses or individuals, he makes a recommendation to the Legislature. The Senate and the House work out the details, and send a bill to the Governor to sign. That’s how it worked when they cut property taxes for commercial property owners by $200 million two years ago. That’s how it worked when they cut $200 million in property taxes for business in the late 1990s. That’s how it worked when they cut the sales tax on bailing twine, computers purchased by insurance companies with more than 50 employees, supplies purchased by greenhouses, or my personal favorite, the tax on sales of “tangible personal property sold to a nonprofit organization which was organized for the purpose of lending the tangible personal property to the general public for use by them for nonprofit purpose.”

The issues related to the tax itself are complicated. And the roles of the three branches of government in the execution of the sales tax are complicated as well. This combination makes it difficult to engage in a widespread public policy debate with anything beyond the soundbites. Soundbites, which in this case, are true. Namely, the Governor’s actions demonstrate that the State has enough money to give business a $365 million tax cut over the next ten years, but doesn’t have $55.6 million for schools, one time.

For those requiring a little more Inside Baseball, three factors need to be explored. First, do we really know how much this exemption will cost? Second, an explanation of why this rule is beyond the scope of the Department’s administrative authority. Third, a discussion of the process by which this rule will be implemented or overturned.

The Des Moines metro area has made plenty of “best places” lists during the last five years, but Chamber of Commerce types won’t be bragging about the top ten ranking that appeared last week. After examining “the disparities between white and black Americans in several economic and social measures” across the country, Thomas C. Frohlich and Sam Stebbins of the 24/7 Wall St. website “identified the 10 worst cities for black Americans.” The authors noted, “Four of the cities with the worst racial inequality are in Illinois, two are in Iowa, and all are in the Midwest.”

Follow me after the jump to learn why the Des Moines metro area ranked ninth and the Waterloo/Cedar Falls metro area tenth on this list.

The Iowa Democratic Party’s State Central Committee elected Danny Homan to serve as first vice chair today. Homan is the longtime president of AFSCME Iowa Council 61, the state’s largest public-employee union. He is a frequent critic of Governor Terry Branstad and has been a plaintiff in several lawsuits against the governor. Most recently, Homan and twenty Democratic state lawmakers challenged Branstad’s actions to close two state-run mental health institutions. A Polk County District Court judge just heard motions in that case on October 8 and is expected to rule during the next 30 days. Homan was also involved in the unsuccessful lawsuit challenging the governor’s closure of the Iowa Juvenile Home, as well as a case that produced a unanimous Iowa Supreme Court ruling saying Branstad had improperly exercised his veto power. However, that 2012 ruling did not force the state to reopen any Iowa Workforce Development field offices, the closure of which had prompted the lawsuit.

Jim Mowrer was elected first vice chair in January but stepped down from that position in August, when he launched his Congressional campaign in the third district.

Joe Stutler, a central committee member from Marion (Linn County) who is active on civil rights and veterans issues, also ran for first vice chair today. Stutler is currently vice chair of the Iowa Democratic Party’s Disability Caucus.

I enclose below the Iowa Democratic Party’s press release announcing Homan’s election.

State Senator Jason Schultz continues to lead the charge against Iowa accepting any refugees from war-torn Syria. He gained attention last month for warning on a popular conservative talk radio program that migrants from the Middle East “want to live under Sharia law,” and their presence would constitute “an invasion” spreading Muslim “ideology by force.” This week, Schultz beat the drum again as a guest on Jan Mickelson’s WHO Radio program.  

From a liberal’s perspective, Bruce Rastetter is the closest thing Iowa has to a James Bond villain. After making his fortune off a polluting industry (large-scale hog confinements), Rastetter provided the “seed money” for the 501(c)4 group American Future Fund, which quickly became one of the most influential conservative dark money groups, a “prolific funder” of negative ads often “deemed false.” In 2009, Rastetter played a key role in coaxing Terry Branstad out of political retirement. He then parlayed his status as the top donor to Branstad’s 2010 gubernatorial campaign into an appointment to the prestigious Iowa Board of Regents. Thanks to a little intervention from the governor, Rastetter moved quickly into a leadership position on that board, where he “blurred the line” between business and board work, hoping to expand one of his corporations’ land holdings on another continent. Last month, Rastetter made news as the apparent mastermind behind hiring business executive Bruce Harreld as president of the University of Iowa, over strong objections by stakeholders on campus.

A certain type of Republican is as attracted to Rastetter’s power as many Democrats are repelled by it. The “quiet but fierce” Rastetter is a top donor to GOP establishment candidates and committees in Iowa. He dislikes the “kingmaker” label often attached to him, but who else could get the governor, lieutenant governor, both U.S. senators, three U.S. House members, and nine presidential candidates to show up for an event in its first year, the way Rastetter did for his Iowa Ag Summit in March?

Rastetter says he donates to candidates to “make a difference,” not to “get access.” Whatever his motives, he has tremendous influence. Governor Branstad said earlier this year that he keeps in touch with Rastetter “at least once a week” and “greatly” values the businessman’s opinions. So do some other high-dollar Republican donors, who flew with Rastetter to New Jersey in 2011, hoping to recruit Governor Chris Christie to run for president. Last week, most of those business leaders stood with Rastetter again to endorse Christie’s presidential bid. The event in Des Moines capped a good couple of months for Christie here in recruiting backers from the Iowa GOP establishment.

How much will those endorsements help the New Jersey governor win over rank and file Iowa Republicans who show up at precinct caucuses?  

During this year’s legislative session, Iowa House Republicans refused for months to budge from their initial position on education funding, forcing public school districts to approve budgets for the coming year without knowing how much state aid to expect. Then House Speaker Kraig Paulsen and Democratic Iowa Senate Majority Leader Mike Gronstal finally rolled out a deal on education spending and other state budget issues more than a month past the Iowa legislature’s scheduled adjournment date.

Incoming House Speaker Linda Upmeyer plans to handle things differently, Cristinia Crippes reported for the Waterloo-Cedar Falls Courier, after hearing Upmeyer’s remarks to a group of Republican women in Cedar Falls.  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

I spent most of Friday at the Iowa Environmental Council’s annual meeting, where as usual, I learned a lot from the conference speakers. (I’ve long been an active volunteer for the non-profit.) Chad Pregracke gave an inspiring and entertaining keynote address this year. Raised on the banks of the Mississippi River, Pregracke spent hours a day under its surface diving for mussels shells as a summer job. In his early 20s, he became obsessively committed to getting trash out of the river and cold-called businesses in the Quad Cities until he had enough funding for his first cleanup project. Favorable coverage from the Associated Press helped Pregracke raise more awareness and money. He later created the non-profit Living Lands and Waters, which has pulled a mind-blowing amount of trash out of waterways in twenty states. I am looking forward to reading Pregracke’s memoir From the Bottom Up: One Man’s Crusade to Clean America’s Rivers.

Several speakers at the Iowa Environmental Council conference discussed the Des Moines Water Works’ lawsuit against drainage districts in northwest Iowa’s Sac, Calhoun and Buena Vista Counties. The unprecedented lawsuit has angered many Iowa politicians, including Governor Terry Branstad, who has said the Water Works “ought to just tone it down and start cooperating and working with others […].” (Priceless response from Todd Dorman: “Tone it down? Tell it to the bloomin’ algae.”)

The most informative single piece I’ve seen about this litigation is Sixteen Things to Know About the Des Moines Water Works Proposed Lawsuit, a speech Drake University Law Professor Neil Hamilton gave at the 2015 Iowa Water Conference in Ames this March. The director of Drake’s Agricultural Law Center also wrote an excellent guest column for the Des Moines Register in May debunking the “strenuous effort” to convince Iowans that “the lawsuit is unfair and unhelpful.”

Last weekend, the Associated Press ran a series of well-researched articles on water infrastructure problems across the U.S. As a country, we were foolish not to invest more in infrastructure during and since the “Great Recession,” when interest rates have been at historically low levels. The AP reports underscore the mounting hidden and not-hidden costs of hundreds of municipalities deferring maintenance on water mains and equipment at treatment plants. After the jump I’ve posted excerpts from several of the stories, but if you want to be educated and appalled, click through to read them in their entirety: Ryan Foley, “Drinking water systems imperiled by failing infrastructure” and “Millions remain unspent in federal water-system loan program”; Justin Pritchard, “Availability of clean water can’t be taken for granted anymore”; and John Seewer, “Cities bear rising cost of keeping water safe to drink.”

On Monday the U.S. Environmental Protection Agency released the final version of “stronger protections for the nation’s two million agricultural workers and their families working on farms, forests, nurseries, and greenhouses. These revisions to the 1992 Agricultural Worker Protection Standard will afford farmworkers similar health protections that are already afforded to workers in other industries.” Under the old rules, exposure to chemicals incurred “an estimated $10 million to $15 million in annual health costs” among farm workers The new rules do not cover “persons working with livestock” and exempt “farm owners and their immediate family with an expanded definition of family.” I’ve enclosed after the jump a fact sheet summarizing key changes, a short summary of the public health case for the rule, and a graphic that shows the old and new rules side by side. Click here for the EPA’s press release on the changes and here for a more detailed five-page chart.

Fruit and vegetable farming isn’t a huge industry in Iowa like it is in states with longer growing seasons, such as California or Florida. Still, Iowa farms have been producing more of what some call “specialty crops” as more consumers here seek out local food. Moreover, expanding fruit and vegetable production in Iowa has potential to create jobs and increase local incomes, according to this 2010 paper by Iowa State University economist Dave Swenson. So I sought comment from the Iowans in Congress on the new regulations. At this writing, I have not heard back from the offices of House Representatives Rod Blum (IA-01), Dave Loebsack (IA-02), David Young (IA-03), or Steve King (IA-04). I also haven’t received a comment from Senator Chuck Grassley. Senator Joni Ernst’s communications director sent the following:

Senator Ernst believes that once again the Obama Administration is overstepping its bounds, expanding onerous regulations that fail to consider the full impact on stakeholders, like Iowa’s agriculture industry. The EPA is continuing to act as an unchecked federal agency, adding burdensome new rules and costs. In addition, the EPA completely ignores the safety progress that has already been made under existing guidelines for our youth.

Iowa politicians tend to be hostile to any new regulation affecting farms or other agricultural facilities. Most of Iowa’s federal representatives opposed the U.S. Department of Labor’s efforts in 2011 to update protections for children on working farms. Every Iowan in Congress except for Senator Tom Harkin welcomed the department’s decision to withdraw that rule in April 2012.

A spokesperson for Governor Terry Branstad said they don’t have a reaction to the new farm worker safety rule yet but will evaluate it “in its entirety.” I can’t think of a time Branstad supported any regulation of farming practices, so I assume he will not be favorably disposed toward the new EPA rule. But if he’s serious about making Iowa the “healthiest state,” reducing unnecessary exposure to pesticides would be a worthy goal to embrace.

Polk County District Court Chief Judge Arthur Gamble on Monday dismissed a lawsuit that challenged Iowa’s restrictions on felon voting and procedure for regaining voting rights after a felony conviction. Kelli Jo Griffin filed the lawsuit last November, having previously been acquitted on perjury charges related to registering to vote and casting a ballot in a local election. Griffin did not realize she was ineligible to vote because of a prior drug conviction. The American Civil Liberties Union of Iowa is representing her in the case, which claims Iowa law and an executive order Governor Terry Branstad issued in January 2011 unconstitutionally restrict the plaintiff’s fundamental right to vote.

A plurality of three Iowa Supreme Court justices indicated last April that they do not believe all felonies rise to the level of “infamous crimes,” which under the Iowa Constitution justify revoking citizenship rights. But that opinion did not strike down current Iowa law, which holds that any felony conviction leads to the loss of voting rights. Chief Judge Gamble noted in his ruling that he is bound by precedent on felon voting cases “until a majority of the Iowa Supreme Court” rules otherwise.

The chief judge also determined that Branstad’s executive order does not unconstitutionally restrict Griffin’s voting rights, because the paperwork and fees required are “not an unreasonable burden for a felon to shoulder.” His conclusions don’t acknowledge certain realities about the arduous process Branstad established, which “made Iowa one of the most difficult states in the nation for felons who want to vote” and create more hurdles for low-income Iowans than for those with financial resources. I enclose more thoughts on that angle below, after excerpts from Gamble’s ruling.

The ACLU will appeal the District Court’s decision to the Iowa Supreme Court. Ever since an unlikely chain of events opened the door for the high court to re-examine felon voting rights, it’s been obvious some non-violent offender like Griffin would bring a test case resembling this one. The big question now is whether Justice Brent Appel, who recused himself from last year’s related case, will align with his three colleagues who appear ready to declare that certain felonies are not “infamous crimes.”

(Author note: Thanks to DesMoines Dem for permitting this cross-post originally published on Medium.) 

At its annual policy conference in August, the Iowa Corn Growers Association joined the Iowa Soybean Association in supporting Iowa’s Water and Land Legacy (IWLL), a sales tax increase that would provide in excess of $150 million annually to environmental protection and natural resources in Iowa.

Official support for IWLL from both the corn and soybean organizations is significant because a bill in this year’s legislative session to enact the tax increase, SSB1272 (succeeded by SF504), drew opposition from the Iowa Farm Bureau Federation, the state’s agribusiness lobbying powerhouse.

While it received very little attention in the media, this action by the Corn Growers — just maybe — is a sign that something is changing in a good way for clean water in Iowa.

Even if not, at least the Corn Growers’ decision presents a good opportunity to look at what’s going on as Iowa struggles for better conservation performance of its globally significant soil and water resources.

Charles Holz won a special nominating convention last night in Iowa House district 5, where former House Appropriations Committee Chair Chuck Soderberg resigned his seat last month. Two Republicans sought the nomination for the November 3 special election. Holz is retired after a long career as a large animal veterinarian in Le Mars; he has also published work in his field. Citing a press release from the Plymouth County GOP, the Sioux City Journal reported earlier this month that Holz “served on the Le Mars school board for 18 years, including two years as board president.” UPDATE: Added below a Republican Party of Iowa statement containing more biographical information.

According to The Iowa Statesman blog, Holz “defeated rural Woodbury County small business owner and homeschool parent Brad Hopp on the first ballot” at the nominating convention.

To my knowledge, no Democrat has announced plans to run for House district 5, which covers all of Plymouth County and some rural areas of Woodbury County. Click here to view a district map. Ideally, Democrats would compete for every state legislative district, but House district 5 is one of the safest for Republicans. Mitt Romney carried 65.9 percent of the presidential vote here in 2012, and Joni Ernst won 71.2 percent of the 2014 votes for U.S. Senate. The district contains 3,819 active registered Democrats, 9,015 Republicans, and 6,697 no-party voters, according to the latest figures from the Iowa Secretary of State’s Office.

Five-term State Representative Pat Grassley is set to replace Soderberg as chair of the Iowa House Appropriations Committee for the 2016 legislative session. Although that’s a plum committee assignment, working out a deal with Iowa Senate Democrats on the state budget will likely be more difficult than usual next year, because of the fallout from Governor Terry Branstad’s latest line-item vetoes. The key Republicans involved in this year’s budget deal-making quit their jobs this summer.

BACKGROUND FOR THE BLEEDING HEARTLAND READER

Malcolm Price Laboratory School was a small K-12 school attached to and operated by the University of Northern Iowa.  MPLS was primarily used by the teacher education program to train teachers.  It was a critical part of UNI, “the teacher’s college”.  Year after year, however, with mounting budget pressures at UNI, talk would take place about closing MPLS.  Tired of this annual worry, supporters of MPLS through the help of their local legislatures, pushed for and obtained legislation creating the Iowa Research & Development School at MPLS.  This group thought the days of threats of closure were over since their existence was now statutory.  In 2012 they found out they were wrong.

In light of the recent events at the University of Iowa regarding the president selection process, I think it appropriate to share a narrative I drafted back in 2012 when UNI closed MPLS and other programs.  It was the fruit of an open records request for email.  The intended audience was the parents and supporters of MPLS.  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

After the jump I’ve enclosed clips describing some brazen behavior. Many Iowans think of corruption in public procurement as a problem for other people, like our neighbors in Illinois. But a former Iowa Department of Public Safety employee’s involvement in state contracts awarded to Smith & Wesson raises red flags. I was surprised to learn on Friday that no ethics case will be pursued regarding the possible conflict of interest.

Todd Dorman’s latest column for the Cedar Rapids Gazette highlights comments by “America’s Longest Serving Ironist” (Governor Terry Branstad) about Syrian refugees possibly being resettled in Iowa. Dorman noted that “The master of blindside edicts” now wants “transparency” from the federal government.

His piece reminded me of Branstad’s hypocritical (or non-self-aware, if we’re being charitable) remarks to Clare McCarthy for her feature about refugees for IowaWatch.org. Speaking to McCarthy on July 7, the governor described how refugees from Burma need mentors from within their community to help them adjust to life in Iowa–perhaps forgetting that only days before, he had vetoed funding for a pilot program to train “leaders from the refugee community to help other refugees work through challenges.”

When it comes to political leaders shamelessly doing whatever they want, then failing to take responsibility, Branstad’s got nothing on Russian President Vladimir Putin. Mr. desmoinesdem directed my attention to a classic anecdote about Putin pocketing a Superbowl ring belonging to New England Patriots owner Robert Kraft. Karen Dawisha related the story in her 2014 book Putin’s Kleptocracy: Who Owns Russia? Scroll to the end of this post to read the tale.

UPDATE: A reader commented that former State Representative Renee Schulte also committed a brazen act by shifting gears in a matter of days from being a contractor for the Iowa Department of Human Services to a consultant for a company bidding on contracts to manage Medicaid.

SECOND UPDATE: Not Iowa-specific, but certainly brazen in an “evil genius” way: a “a start-up run by a former hedge fund manager” bought the rights to a life-saving drug last month and “immediately raised the price to $750 a tablet from $13.50, bringing the annual cost of treatment for some patients to hundreds of thousands of dollars,” Andrew Pollack reported for the New York Times.  

New details emerged this week about J. Bruce Harreld’s contacts with some members of the University of Iowa’s search committee in early July, weeks before he officially applied to become the next university president.

Inconsistent official statements about Harreld’s first campus visit will raise more suspicions about special treatment for the man the Board of Regents hired two weeks ago, over the opposition of university faculty and students.  

Polk County District Court Judge Douglas Staskal ruled yesterday that a lawsuit challenging Governor Terry Branstad’s line-item vetoes of mental health facility funding can move forward.

A group of Democratic state legislators and AFSCME, Iowa’s largest public employee union, filed the lawsuit in July. Last month, attorneys for the state filed a motion to dismiss the lawsuit or force the plaintiffs to “recast” (revise and resubmit) their court filing.

But in a thirteen-page ruling, Judge Staskal rejected the state’s arguments that “the plaintiffs lack standing, have failed to state a claim upon which relief could be granted and that the case presents a nonjusticiable political question.” He found that AFSCME Iowa Council 61 President Danny Homan has standing because he represents the interests of state workers who were laid off when the state government closed in-patient mental health facilities in Clarinda and Mount Pleasant. The judge also noted that state legislators “have standing to challenge the propriety of the Governor’s exercise of his veto authority.” Judge Staskal found plaintiffs had stated a claim: “a challenge to the Governor’s exercise of his line-item veto authority.” As for the political question, the ruling noted, “Whether to close Clarinda and Mount Pleasant is a policy matter for the other branches of government. Whether the Governor’s particular use of his line-item veto power is constitutional is a matter for the courts.”

Judge Staskal did find in favor of one argument advanced by state attorneys, releasing Iowa Department of Human Services Director Chuck Palmer as a co-defendant: “The Director [Palmer] plainly has no authority to veto legislation and there is no allegation that he did veto legislation. Therefore, there is no conceivable set of facts upon which relief could be granted on the claim that the Director exercised an improper veto.”    

The legislators who joined this lawsuit are State Senators Rich Taylor, Tom Courtney, Janet Petersen, Tony Bisignano, Herman Quirmbach, and Dick Dearden, and State Representatives Bruce Hunter, Curt Hanson, Jerry Kearns, Mark Smith, Art Staed, Ako Abdul-Samad, Jo Oldson, Ruth Ann Gaines, Sharon Steckman, Todd Taylor, Mary Gaskill, Kirsten Running-Marquardt, Timi Brown-Powers, and Dave Jacoby.

This Sunday’s Des Moines Register carried another front-page story by Tony Leys about the substandard treatment some patients have received since being transferred from the now-closed state mental health facility in Clarinda. Leys reported last month that eight former Clarinda patients were sent to nursing homes “rated ‘below average’ or ‘much below average’ on a federal registry,” and that two of the patients “died shortly after their transfers.”

“Transfer trauma” can endanger a frail person’s health even if the new facility offers excellent care. Unfortunately, the Perry Health Care Center’s handling of three former Clarinda patients left much to be desired, according to an Iowa Department of Inspections and Appeals report cited at length by Leys. Failure to monitor and care appropriately for one man led to severe dehydration and breathing problems, and eventually his hospitalization. The man died two weeks later. Staff carelessness caused a shower accident that broke a woman’s leg. A third woman did not receive a blood-clot prevention medication for six days in a row. Click through for many more depressing details. The whole 28-page inspector’s report is embedded at the bottom of the page. The company that owns the nursing home rejects the inspector’s findings and will appeal the fines, its manager told the Register.

From where I’m sitting, the nursing home is fortunate to face only $13,500 in fines for the long list of documented problems. I’m shocked that failure to administer a medication for six days, or to inform the prescribing physician that the patient had not received the drug, resulted in only a $500 fine (pages 24 and 25 of the report). Failing “to provide adequate supervision when transferring a resident from a shower chair,” leading to a broken leg, resulted in only a $5,000 fine (pages 16 to 23).  

Most stunning: the nursing home will receive only an $8,000 fine for repeated staff failures to properly assess or treat a man who was becoming lethargic and dehydrated. Nor did staff always provide supplemental oxygen as indicated when the man’s saturation levels dropped below 90 percent. The brother of the (now dead) man told Leys that a doctor at Mercy Medical Center “said she’d never seen a person so dehydrated in her life.”

Eight years ago, an Iowa nursing home received state and federal fines totaling $112,650 for failing to change a woman’s wound dressing for 25 days, resulting in gangrene and amputation of the affected leg. A settlement later reduced that fine to $75,397.

I don’t know how much discretion state inspectors have in assessing penalties. Iowa nursing homes can’t be fined at all for some of the most common health and safety violations, under a law Governor Chet Culver signed in 2009. The Iowa House and Senate had unanimously approved that bill, ignoring concerns raised by some advocacy groups, the Iowa Department of Elder Affairs, and the Iowa Department of Inspections and Appeals.

Leys reported that the woman who failed to receive her anti-clotting meds has moved “a more highly rated nursing home near Bloomfield, which specializes in treating elderly people with mental illnesses.” The woman whose leg was broken would like to move from the Perry facility but has no place to go.

Governor Terry Branstad has set the special election to replace Chuck Soderberg in Iowa House district 5 for November 3, Iowa Secretary of State Paul Pate told KTIV news today. Last month, Soderberg announced plans to resign in order to become general manager for the Iowa Association of Electric Cooperatives in Des Moines.

A map of House district 5 is after the jump. Even in a low-turnout special election, Democrats don’t have a realistic chance of winning this seat, where Mitt Romney carried 65.9 percent of the vote in 2012 and Joni Ernst won 71.2 percent of vote in last year’s U.S. Senate race. The latest figures from the Iowa Secretary of State’s Office show that House district 5 contains 3,819 active registered Democrats, 9,015 Republicans, and 6,697 no-party voters.

The special election in House district 5 will still be important, though. Whoever wins the Republican district nominating convention could be set up for a long legislative career. UPDATE: The GOP special nominating convention will take place on the evening of September 28 at the Farm Bureau Building in Le Mars.

Soderberg’s retirement will allow newly-selected Iowa House Speaker Linda Upmeyer to choose someone new to chair the House Appropriations Committee. I expect the 2016 Iowa legislative session to be largely unproductive, not only because it’s an election year but also because Branstad’s funding vetoes this summer destroyed any incentive toward bipartisan cooperation. That said, lawmakers cannot adjourn without passing a budget for the next fiscal year, so the Appropriations Committee chair will be an important player at the Capitol next year.

Notably, four key Republicans who were involved in this year’s budget negotiations (including Soderberg) have quit their jobs since Branstad exercised his veto power. The governor’s communications director Jimmy Centers announced last week that he too will soon leave the administration for an unspecified private-sector job.

Contradicting official documents released less than a week ago, Iowa Board of Regents President Bruce Rastetter announced yesterday that “he will seek $4.5 million in additional funding for the University of Iowa” during the 2017 fiscal year after all.

The three-sentence news release is intriguing on several levels:

1. The way it conflates Rastetter’s personal opinion with a shift in Board of Regents policy.

2. The unusual timing of a state government body announcing a policy change on a public holiday.

3. The unconvincing attempt to give newly-appointed University of Iowa President Bruce Harreld some credit for the conciliatory move.

4. The effort to spin a relatively small funding increase as a significant investment in the university’s “strengths” and “core mission.”

Happy Labor Day weekend to the Bleeding Heartland community! This is an open thread: all topics welcome. Click here for a brief history of the holiday.

For those wanting to enjoy the outdoors during the unofficial last weekend of summer, you may find some inspiration in the Iowa Department of Natural Resources’ list of fourteen “incredible hikes in our state parks and forests,” here and here. I’m embarrassed by how few of those parks I have visited, but I can highly recommend the walking trails at the Ledges and Dolliver Memorial State Parks.

Three more polling firms have released new Iowa caucus surveys since last weekend’s Selzer poll for the Des Moines Register and Bloomberg news. Highlights are after the jump. All recent polls put Donald Trump and Ben Carson well ahead of the rest of the Republican field in Iowa. Bernie Sanders has clearly gained some ground on Hillary Clinton, but other polls have found a larger lead for the Democratic front-runner here than Selzer did.

Eric Boehlert was quick to criticize the media for giving Selzer’s poll of Iowa Democrats such big play last weekend, even though it looks like an “outlier” in his view. I take his point, but the last time I said a Selzer poll appeared to be an outlier, I had to eat my words.

Before I get to the polls below, here’s one for the “campaigns don’t matter” crowd, who believe economic conditions largely decide presidential elections. The Moody’s Analytics model “now predicts a Democratic electoral landslide in the 2016 presidential vote,” with 326 electoral votes for the Democratic nominee and 212 to the Republican. Click through for more information on the Moody’s methodology.

By a unanimous vote, the Iowa Board of Regents today named J. Bruce Harreld as the next president of the University of Iowa. Of the four finalists for the job, only Harreld had never worked in academic administration. Up to now, his experience at universities has been limited to some adjunct teaching.

I’m going on record now: this experiment will not end well.

Two months after the Iowa Supreme Court unanimously ruled unconstitutional a proposed state ban on using telemedicine for abortions, the Iowa Board of Medicine and Governor Terry Branstad are at last ready to accept the court ruling as the final word on the subject.  

Governor Terry Branstad didn’t run for re-election last year on a plan to let private insurance companies manage health care for some 560,000 Iowans on Medicaid. He didn’t work with key state legislators to draw up his administration’s “Medicaid Modernization” plans. The governor’s draft budget, submitted in January, projected some $51 million in savings on Medicaid for the 2016 fiscal year. But key lawmakers like the chair of the Iowa Senate Health and Human Resources Appropriations subcommittee didn’t learn that four private companies would be selected to handle almost all Medicaid services until the Iowa Department of Human Services made its request for proposals public in February.

Recent accusations of bias and conflicts of interest, as well as allegedly inaccurate scoring of insurers’ proposals, have raised many questions about how the Iowa DHS selected the four companies now negotiating contracts to manage Medicaid for one-sixth of Iowans. Reports of campaign contributions by lobbyists and political action committees representing firms that sought Iowa’s Medicaid business prompted one watchdog to decry “pay to play” politics.

Those news stories point to a conclusion that isn’t getting enough attention: various insurance companies and their paid representatives knew what was coming down the pike long before the Branstad administration disclosed its plans to privatize Medicaid.

In the span of a few weeks, four Republicans who were heavily involved in shaping this year’s state budget have made sure they won’t be at the negotiating table during the Iowa legislature’s 2016 session. First, Matt Hinch quit as Governor Terry Branstad’s chief of staff. The weekly Business Record reported yesterday that Hinch “joined the Des Moines office of government affairs and lobbying group Cornerstone Government Affairs as a vice president.”

Days after the Branstad administration announced Hinch’s departure, Kraig Paulsen resigned as Iowa House speaker. He plans to be a back-bencher next year and will not seek re-election to the Iowa House in 2016. It’s not yet clear whether he will remain an attorney for the Cedar Rapids-based trucking firm CRST International, or whether he will seek a different private-sector job.

Last Friday, Branstad’s office announced that Jake Ketzner was leaving as the governor’s legislative liaison. I’ve enclosed the full statement on the staff changes after the jump. Yesterday, the marketing and lobbying firm LS2group revealed that Ketzner will be their newest vice president, specializing in “campaign management, government affairs, and public affairs.”

Finally, House Appropriations Committee Chair Chuck Soderberg told journalists yesterday that he will resign to take a leadership role in the Iowa Association of Electric Cooperatives, a powerful interest group.

I can’t blame these Republicans for not wanting to spin their wheels at the Capitol during next year’s legislative session. Election years are not conducive to bipartisan deal-making in the best of times. Last month, possibly influenced by Hinch and Ketzner, Branstad poisoned the well with vetoes that erased most of the House GOP’s budget concessions to Senate Democrats. Although Paulsen insisted he had negotiated in good faith, he and his top lieutenant Linda Upmeyer (the incoming House speaker) didn’t lift a finger to override the governor’s vetoes.

Newly-elected House Majority Leader Chris Hagenow told a conservative audience in Urbandale today, “I’m not as skeptical about next year as maybe some are. I think there’s a lot of good things that we can get done [in the legislature],” Rod Boshart reported.

That makes one of us. Seeing Hinch, Paulsen, Ketzner, and Soderberg vote with their feet reinforces my belief that next year’s legislative session will mostly be a waste of many people’s time and energy.

P.S.- Some grade A political framing was on display in the governor’s press release enclosed below: “During the 2015 session, Ketzner worked across party lines to secure bipartisan support for historic infrastructure investment that an economic development study called a prerequisite for economic development in Iowa.” In other words, he helped persuade lawmakers to increase the gasoline tax. Ketzner’s official bio at LS2goup likewise speaks of his work “across party lines to secure bipartisan support for significant transportation and broadband infrastructure investments.”

The Branstad administration has justified its “Medicaid Modernization Initiative” with optimistic projections about more “efficient, coordinated and high quality healthcare” and greater “accountability in health care coordination,” delivered at a savings to taxpayers.

Jason Clayworth shared a less encouraging perspective in the August 21 Des Moines Register: all four private insurance companies now negotiating contracts to manage Medicaid in Iowa have “faced serious charges of fraud or mismanagement” related to serving Medicaid recipients in other states. Some of those violations led to “hundreds of millions of dollars in fines” against the insurers.  

Can we please treat women’s health like industrial agriculture?

The latest attack on Planned Parenthood came in the form of an edited video, secretly taped, claiming to “expose” the practice of selling “baby parts.” But if Planned Parenthood had been a factory farm, that video wouldn’t have happened, because that video would have been illegal to make!

Since that video, Iowa governor Terry Branstad, like the internet, has been shocked! Outraged! He joined the “Truth Exposed” rally and called for an investigation into Planned Parenthood. Though no federal or state money goes to abortions, Branstad wanted to look into all money going to Planned Parenthood because he wants “to protect the interest of the taxpayers.”

Ironically, Branstad applauds an undercover video from a state that was an early “Ag Gag” law adopter, a law that essentially prevents videotaping industrial agriculture facilities in America. Violators could be charged with a Class D Felony, “Animal Facility Interference.”  

Thousands of Iowa children went back to school today, having enjoyed an extra week or two of vacation thanks to a new state law preventing K-12 school districts from beginning the academic year before August 23. In response to lobbying from the tourism industry, most state lawmakers and Governor Terry Branstad sought to block local school administrators from starting in early or mid-August. However, as economist Dave Swenson explained here, “there is no evidence that early start dates interfere in any meaningful sense with the Iowa State Fair or with any other tourism activity in Iowa.”

If only the governor and most of our state legislators were as tuned in to how dirty water hurts Iowa tourism.  

On Monday, the Iowa Department of Human Services announced the four private insurance companies selected to manage care for almost all of the 560,000 Iowans on Medicaid. Pending successful contract negotiations, Amerigroup Iowa, AmeriHealth Caritas Iowa, UnitedHealthcare Plan of the River Valley, and WellCare of Iowa will start managing care for Iowans on January 1, 2016. It’s too early to say how the change will affect medical services. Speaking to the Des Moines Register, Democratic State Senator Amanda Ragan expressed concern “that people will fall through the cracks” and said she hopes Iowans will contact state lawmakers “if problems develop” under the new system.

Some losers have emerged from the process already: namely, two companies now managing care for some Iowans on Medicaid, which were not selected to continue in that role next year. Follow me after the jump for background on the Medicaid privatization plan and the fallout from the Iowa DHS not choosing Magellan Health Inc and Meridian Health Plan as managed care organizations for 2016.  

Refugees from Burma (Myanmar) spend an average of 10-15 years in a refugee camp before coming to America. They get 3 days head’s up before coming to the United States. They take out a government loan of several thousand dollars that they must pay back just to get here. They are then assigned a caseworker from a resettlement agency. This agency and the refugee(s) have 90 days to learn a completely new language and culture, understand school systems, public transportation, healthcare – everything from Winter clothing to brushing their teeth. After 90 days, the federal government stops supporting the refugees all together. The resettlement agency, due to overwhelming demand, must be off to assist the next incoming family. So who takes over?

People like me.

Iowa House Republicans will meet in Des Moines on August 20 to choose a new speaker, Erin Murphy reported earlier this week. Outgoing Speaker Kraig Paulsen surprised mtost Iowa politics watchers when he announced last week that he will step down from leadership before next year’s legislative session and will not seek re-election to the Iowa House in 2016.

House Majority Leader Linda Upmeyer and State Representative Josh Byrnes quickly let it be known that they will run for speaker. The rumor mill expects another House Republican to seek the position, but to my knowledge, no one has gone public with that ambition. Several House members have not responded to my request for comment, including Representative Peter Cownie, who was rumored to be interested in the speaker’s post two years ago. I’ve heard rumblings about Representative Guy Vander Linden, but speaking by phone on August 10, he told me, “I don’t intend to run for speaker. I don’t feel prepared to run for speaker.” He said he undecided on whom he will support to replace Paulsen but inclined to back Upmeyer, because “continuity is important.”

House Majority Whip Chris Hagenow is supporting Upmeyer for speaker and formally announced on Monday that he will seek the post of majority leader. Current House Speaker Pro-Tem Matt Windschitl is also backing Upmeyer and does not appear interested in moving up to majority leader.

According to the Des Moines Register’s Kathie Obradovich, over the weekend WHO talk radio host Simon Conway referred to State Representative Walt Rogers (currently one of four assistant majority leaders) as “quite probably the next majority leader” of the Iowa House. However, Rogers told me he will not run for majority leader, because he’s “having fun and working hard” with Rick Santorum’s presidential campaign. Rogers was an early Santorum endorser during the last election cycle, and Santorum in turn supported Rogers’ short-lived Congressional campaign.

Rogers declined to comment when I asked whether he will support Upmeyer for speaker.

As for whether Vander Linden might run for majority leader, he told me, “I haven’t given it any serious consideration,” adding, “I would give a politician’s ‘Never say never.’”

Governor Terry Branstad is wisely staying out of the speaker’s race.

Spin your own scenarios in this thread, and please contact me if you know of another House Republican actively seeking the post of speaker or majority leader.  

Public Policy Polling released its latest Iowa caucus numbers yesterday. As other recent surveys of Iowa Democrats have shown, Hillary Clinton still leads by a considerable margin, but her lead has shrunk since the spring, as Iowans have learned more about other contenders. PPP now has Clinton at 52 percent support among “usual Democratic primary voters,” while Bernie Sanders has 25 percent, Martin O’Malley 7 percent, Jim Webb 3 percent, and Lincoln Chafee 1 percent.

On the GOP side, Donald Trump leads among “usual Republican primary voters” with 19 percent, followed by Ben Carson and Scott Walker (12 percent each), Jeb Bush (11 percent), Carly Fiorina (10 percent), Ted Cruz (9 percent), Mike Huckabee and Marco Rubio (6 percent each), John Kasich and Rand Paul (3 percent each), Bobby Jindal, Rick Perry, and Rick Santorum (2 percent each), Chris Christie (1 percent), and Jim Gilmore, Lindsey Graham, and George Pataki (less than 1 percent).

Dropping to 3 percent earned Paul the “biggest loser” title from Public Policy Polling’s Tom Jensen and was the only topline result that shocked me. Things got way more interesting in the cross-tabs. I enclose below the five findings that struck me most.

As a bonus, I added at the end of this post completely unsurprising numbers from PPP’s survey of registered Iowa voters: Governor Terry Branstad is underwater with 42 percent approval and 47 percent disapproval. Last month’s high-profile line-item vetoes are even less popular.

The first Republican presidential debates did not affect U.S. Senator Joni Ernst’s plans to remain neutral before the 2016 Iowa caucuses.  

What’s on your mind, Bleeding Heartland readers? This is an open thread: all topics welcome.

Ryan Foley’s August 3 story for the Associated Press was disturbing on several levels. A “Serious Mismanagement Report” described a “decade of dysfunction” at the Effigy Mounds National Monument in northeast Iowa. Between 1999 and 2010, “78 construction projects costing a total of $3.4 million were approved there in violation of federal laws meant to protect archaeological resources and historic sites.” Also troubling: National Park Service officials have suppressed the report’s publication and recently denied that it existed. They have commissioned another team to write a separate (less critical) review of Effigy Mounds operations. National Park Service deputy regional director Patricia Trap delivered some unintentional comedy when she said, “I’m not denying some serious mismanagement […] But also there were actions taken along the way that were actually appropriate management.” I’m so relieved to know that Effigy Mounds officials handled some matters appropriately in addition to the seventy-eight projects that failed to comply with federal law.

Iowa Public Radio’s Morning Edition with Clay Masters interviewed Foley about the mismanagement and next steps at Effigy Mounds. Click through for the audio and transcript.

The Des Moines Register published a front-page piece by Grant Rodgers on August 5 about the “uncertain future” for Iowa’s regional drug courts. Those courts steer defendants into treatment rather than prison, turning lives around at lower cost than incarceration. “Yet despite their popularity among prosecutors, judges and community leaders, several Iowa drug courts have experienced sluggish legislative funding – so much so that they now are in jeopardy,” Rodgers reports. What a classic case of penny-wise and pound-foolish budgeting by state legislators who brag to their constituents about fiscal responsibility. With an ending balance (surplus) of at least $300 million expected for Iowa’s budget in the 2016 fiscal year, it’s ridiculous that the drug court in Council Bluffs will shut down on October 1, with courts in Burlington and Ottumwa “at risk of closing” later this year.

The front page of today’s Sunday Des Moines Register features a depressing must-read by Tony Leys about former residents of the now-closed Iowa Mental Health Institute at Clarinda, which “cared for some of the frailest and most complicated psychiatric patients in the state.” Of the eighteen people who lived in the Clarinda facility earlier this year, eight

were transferred to four traditional nursing homes, all of which are rated “below average” or “much below average” on a federal registry. The four facilities are in the bottom 29 percent of Iowa nursing homes for overall quality, according to the Medicare registry. Two of those eight patients died shortly after their transfers.

I’ve enclosed excerpts from all of the above stories after the jump, but I recommend clicking through to read the articles in their entirety.

A U.S. District Court judge has ruled unconstitutional an Idaho law that criminalized lying to obtain employment at an agricultural facility or making unauthorized audio and video recordings at such facilities. Will Potter, one of the plaintiffs challenging the “ag gag” law, has been covering the case at the Green is the New Red blog. Judge Lyn Winmill’s ruling (pdf) found that the Idaho law’s provisions violated both “the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment” of the U.S. Constitution.

The Iowa House and Senate approved and Governor Terry Branstad signed our state’s version of the “ag gag” law in 2012. It was the first of its kind in the country.

Although Iowa’s law differed from the Idaho statute in some ways, several parts of yesterday’s federal court ruling would appear to apply equally to Iowa’s law. After the jump I’ve enclosed the relevant language from both state laws and excerpts from Judge Winmill’s ruling.

Midwest Energy News, a non-profit news website supported by non-profits focused on energy policy, is launching an award to recognize “emerging leaders throughout the region and their work to accelerate America’s transition to a clean energy economy.” The site will accept nominations for the “40 Under 40” designation here “until either 250 nominations are received or 10:00 p.m. CT on Monday, August 10.” Eligible candidates include “midwest-based leaders and innovators from all sectors -industry, government, regulatory, business, academic, and advocacy.”

I learned about the 40 Under 40 competition from State Representative Chuck Isenhart, who will serve on the selection advisory committee for Midwest Energy News. Isenhart is the ranking Democrat on the Iowa House Environmental Protection Committee and has been a strong voice in the Iowa legislature on a range of environmental issues.

Through volunteering for various non-profits, I have become acquainted with several Iowans who deserve serious consideration for the new award, and I plan to encourage their colleagues to nominate them. The candidate who immediately came to my mind, though, is someone I’ve never met. Paritosh Kasotia is the founder and CEO of Unfolding Energy, a non-profit “founded on a premise that clean energy choices can safeguard the climate as well as create economic growth.” She is best known as the highly capable former leader of the Iowa Energy Office; I enclose below more background on that part of her career. Late last year, leaders of the Iowa Economic Development Authority fired Kasotia for reasons never explained to anyone’s satisfaction. Some suspected the dismissal was related to a $1 million solar power grant from the U.S. Department of Energy, which Kasotia helped land but Iowa eventually relinquished after Branstad administration officials “amended an original proposal and insisted the grant not be used to evaluate solar energy policies – a change that utility lobbyists sought,” Ryan Foley reported for the Associated Press last July.