Judge dismisses judicial retention suit

BY DI STAFF | APRIL 25, 2011 7:20 AM

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A Polk County judge has dismissed a lawsuit charging that the ballots used in Iowa's 2010 judicial retention election were unconstitutional, according to a press release.

The release said the lawsuit — filed by attorneys Thomas George, John Roehrick, and Carlton Salmons in December — claimed the ballots were unconstitutional because Iowa law requires judicial retention votes be cast "on a separate ballot."

The suit also requested a temporary injunction to prevent the former justices from leaving office, but it was later withdrawn, the release said.

Fifth District Judge Michael Huppert did not rule on the legal matters of the case but said the plaintiffs could not establish injury or harm.

"… the plaintiffs have not established either a personal or legal interest in this litigation," Huppert said in the release. "The plaintiffs herein have not convinced this court that their position is deserving of judicial resolution."

The release said Attorney General Tom Miller defended the state, along with the deputy and assistant attorney general.

— by Hayley Bruce

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