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Iowa Supreme Court justice vacancy (July 2022)

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Iowa Supreme Court
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Appel vacancy
Date:
July 13, 2022
Status:
Seat filled
Nomination
Nominee:
David May
Date:
July 27, 2022

Iowa Governor Kim Reynolds (R) appointed David May to the Iowa Supreme Court on July 27, 2022.[1] May succeeded Brent Appel, who retired on July 13, 2022, upon reaching the court's mandatory retirement age. May was Gov. Reynolds' fifth nominee to the seven-member supreme court.

At the time of the vacancy under Iowa law, the seven justices on the Iowa Supreme Court were selected through the assisted appointment method.[2]

Ballotpedia has compiled the following resources on the process to fill the Iowa Supreme Court vacancy:

The appointee

See also: David May

David May is a judge of the Iowa Court of Appeals. He assumed office in 2019. Gov. Kim Reynolds (R) appointed May on April 27, 2019, to succeed Judge David Danilson.[1]


May earned a B.A. from the University of Missouri-Columbia in 1993, a master of public health (M.P.H.) in health administration and policy from the University of Oklahoma Health Sciences Center in 1995, and a J.D. from the Drake University Law School in 1998.[3][4]


Appointee candidates and nominations

Ballotpedia will post information on candidates and prospective appointees as information becomes available. If you know of information that should be included here, please email us.

Finalists

The State Judicial Nominating Commission recommended three finalists to Gov. Reynolds.[5][6]

Applicants

The State Judicial Nominating Commission interviewed five applicants for the vacancy:[7]

The selection process

See also: Judicial selection in Iowa


The seven justices on the Iowa Supreme Court are selected through the assisted appointment method. When a vacancy occurs on the supreme court, the State Judicial Nominating Commission submits a list of three potential nominees to the governor, who appoints one to serve as a judge. The commission consists of 17 members—nine appointed by the governor and confirmed by the Iowa State Senate and eight (two from each congressional district) elected by lawyers.[2]

Iowa law states that no more than a simple majority of the state nominating commission may be of the same gender.[8]

Newly appointed judges serve for one year after their appointment. They must then compete in a yes-no retention election (occurring during the regularly scheduled general election) if they wish to remain on the court. They then serve eight-year terms.[9]

Qualifications

To serve on this court, a judge must be:[9]

  • licensed to practice law in the state;
  • a member of the Iowa bar;
  • a resident of the state, district, or county to which they are appointed; and
  • under the age of 72.

Note: Retirement at 72 is mandatory, though older judges may apply to become a senior judge. Senior judges must work a minimum of 13 weeks a year and are to receive a monthly retirement annuity and an annual stipend. They must retire at age 78 (or 80, if reappointed by the supreme court for additional one-year terms).[10]

Chief justice

The chief justice of the supreme court is elected by peer vote and serves a two-year term.[9]

Vacancies

See also: How vacancies are filled in state supreme courts

If a midterm vacancy occurs on the court, the seat is filled as it normally would be if the vacancy occurred at the end of a judge's term. A judicial nominating commission recommends qualified candidates to the governor and the governor selects a successor from that list. The new appointee serves for at least one year and then stands for retention.[2]

The map below highlights how vacancies are filled in state supreme courts across the country.


Makeup of the court

See also: Iowa Supreme Court

Justices

Following Appel's retirement, the Iowa Supreme Court included the following members:

Thomas Waterman Appointed by Gov. Terry E. Branstad (R) in 2011
Edward Mansfield Appointed by Gov. Terry E. Branstad (R) in 2011
Matthew McDermott Appointed by Gov. Kim Reynolds (R) in 2020
Dana Oxley Appointed by Gov. Kim Reynolds (R) in 2020
Christopher McDonald Appointed by Gov. Kim Reynolds (R) in 2019
Susan Christensen Appointed by Gov. Kim Reynolds (R) in 2018


About the court

Iowa Supreme Court
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Court Information
Justices: 7
Founded: 1846
Location: Des Moines
Salary
Associates: $201,609[11]
Judicial Selection
Method: Assisted appointment (governor-controlled commission)
Term: 8 years
Active justices
Susan Christensen, Edward Mansfield, David May, Matthew McDermott, Christopher McDonald, Dana Oxley, Thomas Waterman

Founded in 1846, the Iowa Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Susan Christensen. As of September 2022, all seven judges on the court were appointed by a Republican governor.

The state supreme court meets in the Iowa Judicial Branch Building in Des Moines, Iowa.[12]

In Iowa, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

About Justice Appel

See also: Brent Appel

Justice Brent Appel joined the Iowa Supreme Court in 2006. He was appointed to the court by Governor Tom Vilsack (D).

Before serving on the state supreme court, Appel previously served as Iowa's deputy attorney general from 1983 until 1987.

Appel earned bachelor's and master's degrees from Stanford University in 1973 and his J.D. from the University of California at Berkeley School of Law in 1977.[3]

Other state supreme court appointments in 2022

See also: State supreme court vacancies, 2022

The following table lists vacancies on state supreme courts that opened in 2022. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2021.

2022 judicial vacancies filled by appointment
Court Date of Vacancy Justice Reason Date Vacancy Filled Successor
Wyoming Supreme Court January 16, 2022 Michael K. Davis Retirement December 2, 2021 John G. Fenn
Virginia Supreme Court February 1, 2022 Donald Lemons Retirement June 17, 2022 Wesley G. Russell Jr.
Supreme Court of Appeals of West Virginia February 6, 2022 Evan Jenkins Retirement February 7, 2022 Alan D. Moats (temporary)
C. Haley Bunn (permanent)
New Jersey Supreme Court February 15, 2022 Faustino J. Fernandez-Vina Retirement September 14, 2022 Douglas M. Fasciale
Maryland Court of Appeals February 23, 2022 Robert N. McDonald Retirement February 17, 2022 Angela M. Eaves
Utah Supreme Court March 2, 2022 Deno Himonas Retirement May 18, 2022 Diana Hagen
Maine Supreme Judicial Court March 7, 2022 Thomas Humphrey Retirement February 1, 2023 Wayne R. Douglas
Maine Supreme Judicial Court March 18, 2022 Ellen Gorman Retirement March 7, 2022 Rick E. Lawrence
Virginia Supreme Court March 31, 2022 William Mims Retirement June 17, 2022 Thomas P. Mann
Maryland Court of Appeals April 14, 2022 Joseph Getty Retirement February 17, 2022 Matthew Fader
Utah Supreme Court June 30, 2022 Thomas Rex Lee Retirement June 28, 2022 Jill Pohlman
Illinois Supreme Court July 7, 2022 Rita Garman Retirement May 10, 2022 Lisa Holder White
New Jersey Supreme Court July 7, 2022 Barry Albin Retirement May 13, 2023 Michael Noriega
Iowa Supreme Court July 13, 2022 Brent Appel Retirement July 27, 2022 David May
Georgia Supreme Court July 17, 2022 David Nahmias Retirement February 14, 2022 Andrew Pinson
Florida Supreme Court August 31, 2022 Alan Lawson Retirement August 5, 2022 Renatha Francis
New York Court of Appeals August 31, 2022 Janet DiFiore Retirement April 10, 2023 Rowan Wilson
Indiana Supreme Court August 31, 2022 Steven David (Indiana) Retirement June 10, 2022 Derek Molter
Nevada Supreme Court September 29, 2022 Abbi Silver Retirement November 21, 2022 Patricia Lee
Pennsylvania Supreme Court September 30, 2022 Max Baer Death November 7, 2023 Daniel D. McCaffery
Illinois Supreme Court November 30, 2022 Anne M. Burke Retirement September 12, 2022 Joy Cunningham
Michigan Supreme Court November 30, 2022 Bridget Mary McCormack Retirement January 1, 2023 Kyra Harris Bolden
Oregon Supreme Court December 31, 2022 Thomas Balmer Retirement December 28, 2022 Stephen K. Bushong
Oregon Supreme Court December 31, 2022 Martha Walters Retirement December 28, 2022 Bronson James
South Carolina Supreme Court December 31, 2022 Kaye Hearn Retirement February 8, 2023 D. Garrison Hill


See also

Iowa Judicial Selection More Courts
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Courts in Iowa
Iowa Court of Appeals
Iowa Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Iowa
Federal courts
State courts
Local courts

External links

Footnotes