About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

20 News Bull. 1 (1960)

handle is hein.barjournals/ialaw0020 and id is 1 raw text is: THE NEWS OF BULLETIN The Iowa State Bar Association Vol. XX, No. 1 1101 Fleming Building, Des Moines, Iowa January, 1960 BOARD OF GOVERNORS IN DECEMBER MEETING The Board of Governors of The Iowa State Bar Association met in its third regular meet- ing for the fiscal year 1959-1960 in Des Moines on December 2, 1959. Many matters of im- portance to the bench and bar of Iowa were considered. For the information of the mem- bership, set forth below are the minutes of the meeting. Treasurer's Report The Treasurer reported that the Associa- tion's dues were coming in at a record rate and that thus far the Association has oper- ated within the budget established by the Board of Governors. Pubile Defender System The President presented to the Board a letter received from the Honorable Herschel C. Loveless, Governor of Iowa, recommending that The Iowa State Bar Association consider the possibility of establishing a public de- fender system in Iowa and to make recom- mendations with respect thereto. Following a discussion, the matter was referred to the Committee on Legislation for study and re- port back. Rights of the Mentally III President Conway also reported to the Board with respect to a letter received from Governor Loveless requesting that The Iowa State Bar Association submit names of quali- fied representatives to serve on a Governor's Committee to study and deal with the com- mitment and discharge of the mentally ill. He stated that other representatives would be appointed from the Iowa State Medical Society, the Iowa District Judges Association, the Iowa Welfare Association and others. Following discussion, it was moved, seconded and unanimously carried that the President be authorized to make such appointment and submit the names to the Governor. Committee on American Citizenship Robert E. Dreher, Des Moines, Chairman of the Committee on American Citizenship, reported that the regular committee work was progressing without specific problems. The Board's opinion was asked whether the committee should attempt, if time on KDPS, Channel 11, the Des Moines School District TV station could be obtained, to formulate and present a program explanatory of the Bill of Rights. The Drake Law School and Radio School would be asked for assistance. Dean Tollefson encouraged the making of the request to Drake University. Opinion was expressed that if done, the matter should be coordinated with the Com- mittee on Public Relations. It was also suggested that any such ac- tivity be coordinated with the Iowa Confer- ence of Bar Association Presidents so that, if successful, similar programs could be insti- tuted at other points. Support for the general idea was voted upon motion made, seconded and duly carried. Junior Bar Section Patrick D. Kelly, Des Moines, President of the Junior Bar Section, reported that in the (Continued on page 4) SPECIAL JUDICIAL AMENDMENT COMMITTEE PLANS INFORMATIONAL CAMPAIGN . . As all members of the Association are aware, the last session of the General Assem- bly passed, after extensive debate, a proposed constitutional amendment relating to the se- lection and tenure of judges in Iowa. The Board of Governors of the Association at its September meeting, upon the recommendation of the Committee on Scope and Correlation of Work, directed the appointment of a Spe- cial Committee on Judicial Amendment, charged with the responsibility to prepare a complete plan to accomplish the successful second passage of the constitutional amend- ment and directed the committee to prepare an informational. program for members of the Association throughout the state and members of the General Assembly. Thereafter, President Conway appointed a committee consisting of the following mem- bers: Henry J. Te Paske, Orange City, Chair- man; Edward E. Eaton, Sidney; T. M. Inger- soll, Cedar Rapids; Harvey Uhlenhopp, Hamp- ton; Gregory Brunk, Des Moines; Shirley A. Webster, Winterset; Lloyd Karr, Webster City; Gerald K. Chinn, Des Moines; J. Francis Phelan, Fort Madison; E. W. McNeil, Monte- zuma; Robert E. Mahoney, Boone; Eugene Davis, Des Moines; and W. C. Stuart, Chari- ton. This committee has held a series of meet- ings and has prepared an outline of the amendment and its purpose, together with the program of The Iowa State Bar Association with respect to obtaining successful passage of the amendment in the Fifty-ninth General Assembly. The committee Is also preparing a pam- phlet for distribution to all members of the Association so that each may be thoroughly informed. Set forth below as a matter of general information is the outline prepared by the committee referred to above. JUDICIAL SELECTION AND TENURE- THE IOWA PLAN I. OBJECTIVE The objective of The Iowa State Bar Asso- clation Is proposing and supporting the Con- stitutional Amendment relating to Selection and Tenure of Judges is to insure the continu- atIon of the high standard of the Iowa judiciary. II. HISTORY OF THE AMENDMENT AND PROGRESS THUS FAR To accomplish this objective, a Constitu- tional Amendment regarding Selection and Tenure of judges is required. After exhaustive study by The Iowa State . Bar Association over a period of ten years, an Iowa Plan for Constitutional Amendment as to selection and tenure of judges was pro- posed. The entire problem of selection and tenure of judges, and the solution proposed by The Iowa State Bar Association, was consid- ered by the Iowa Supreme Court. Early in 1959, the Supreme Court submitted a report to the Iowa Legislature and recommended the adoption of the Iowa Plan. A joint resolution embodying the Iowa Plan came before both houses of the Iowa Legis- lature in 1959 and was adopted. Exhaustive debate and consideration occurred. Seldom has any legislation been given such thorough consideration. 1II. DETAILED DISOUSION OF THE IOWA PLAN The essential elements of the Iowa Plan are (1) appointment of judges from a list of nominees selected by a non-partisan com- mission; (2) with opportunity for the voters to remove an unsatisfactory judge in a non- partisan, non-competitive election, in which the sole question is whether the judge shall be retained. It thus minimizes political dom- ination of appointments and use of the Judi- ciary for spoils. The elective feature elimi- nates partisan politics and contests between Individuals at judicial elections, but still re- tains the right of the electorate to remove a bad judge. The amendment would repeal the present section of the Judicial Article of the Consti- tution relating to selection and tenure of judges and would substitute four new see- tions, numbered 15 through 18. Section 15 provides for appointment by the (Continued on page 3) NOTICE Associate Justice Tom C. Clark of the United States Supreme Court will speak at the Drake University Law School's Twenty-third Annual Supreme Court Day Banquet April 6, 1960. Clark was United States Attorney General from 1935 to 1949 and has since been on the Supreme Court. The evening banquet will follow a moot argument that after- noon before the fauqm1ueme Court by four Drake I&v students.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most