During this November’s midterm elections, there are a number of judges in our state there are up for retention.
Assistant Greene County Attorney Thomas Laehn explains that in Iowa, judges are recommended by the Judicial Nominating Commission and then are appointed by the governor. Before a judge’s term expires, they are placed on the ballot to allow voters to either retain them or vote them off the bench. Laehn says there are three levels of judges in Greene County. The first level is magistrate court, where Judge David Morain hears simple misdemeanor cases. The next level is an associate district court judge, which one of those judges is Judge Joseph McCarville.
“Judge McCarville hears all serious misdemeanors, aggravated misdemeanors and (Class) D Felonies. Now he also hears those cases in other counties. Finally, we have district court judges. These are judges who are on a circuit. The calendar year is divided into ten equal periods, and in each of those periods we have one of those district court judges in the county who rotates through.”
Greene County is a part of Judicial District 2B, which includes Boone, Calhoun, Carroll, Hamilton, Hardin, Humboldt, Marshall, Pocahontas, Sac, Story, Webster, Wright Counties. The district court judges up for retention include: Judge Kurt Wilke, Judge Adria Kester, Judge Steven Oeth and Judge Kurt Stoebe. The associate district court judges up for retention include: Judge Joseph McCarville, Judge Kim Riley, Judge Paul Ahlers, Judge Paul Crawford and Judge Angela Doyle.
To help educate voters about the judges in their respective judicial district, every two years, the Iowa Bar Association publishes a Judicial Performance Review. It consists of a survey from all criminal attorneys, in each of the judicial districts, that have appeared before the judges frequently. The attorneys rate the judges relating to their knowledge and application of the law, attentiveness to arguments and testimony, and other factors on a 1-5 scale, with 5 being “excellent” and 1 being “very poor.”
Attorneys also rate the judges on questions relating to their demeanor, such as not being affected by outside influences, avoiding undue personal observations or criticisms of litigants, judges and lawyers from the bench or in written orders and other areas. There is also a 1-5 scale, with 5 being “strongly agree” and 1 being “strongly disagree.”
Out of all of the judges, McCarville had the lowest retention percentage of 65-percent. The next lowest is Judge Ahlers, with 85-percent. To see the full report, click the link below.