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Controversy arises over candidate Waterman's campaign contributions to the Governor

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The Judicial Update

February 10, 2011

Iowa: Thomas Waterman, a lawyer and one of the nominees for the Iowa Supreme Court, was found to have donated $7,500 to the election campaign of Gov. Branstad, who could now appoint him to the bench. According to Vanderbilt University law professor Brian Fitzpatrick, "It raises the appearance that all of these people are lobbying and politicking and positioning themselves for these commission spots, these judgeships, et cetera." Three new Supreme Court Justices will be chosen by the Governor to replace Marsha Ternus, David Baker and Michael Streit, who were ousted by voters in 2010 following a ruling that allowed same-sex coupes to marry. Waterman is one of nine nominees chosen from a pool of 60 by the state judicial nominating commission. Campaign finance records show that he is the only nominee who contributed to Branstad's campaign.

Waterman explained that his wife and a law partner got to know the Governor when representing him in a case involving line-item vetoes. They donated $5,000 in November of 2009, at the beginning of his campaign. They then gave an extra $2,500 the following September. Waterman stated, "It seemed Governor Culver was making a comeback, and I wanted to help get the person I thought would make the best governor elected...Again, like most lawyers in Iowa at the time, I did not expect any of our justices to be voted out."

In the past, it has not been abnormal for lawyers and justices to make political contributions to those who would later appoint them to office. Drake University political scientist Dennis Goldford, however, explained that the contributions Waterman made may just as likely work against him because of how it would appear to the public. "Perhaps [Gov. Branstad] can make the case that [Waterman] is head and shoulders above everybody, and really deserves to be on the bench. But this has the potential for causing some difficulties."

When speaking with a reporter about the situation, Gov. Branstad laughed and said, "No, I think that's great...Listen I wish more of them had contributed."[1][2]

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