doctors

Evans: Public must be informed in doctor discipline

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The Iowa Legislature’s “to do” list should be a little longer after last week. And people need to contact their senators and representatives in the Legislature to make sure they understand their duty is to protect the health and safety of Iowans. The reason? The Iowa Supreme Court handed down a decision Friday that will pretty much keep the public in the dark when a physician is charged by state regulators with professional misconduct. For decades, the Iowa Board of Medicine released the facts and legal basis for disciplinary charges the board filed against doctors. That basis might include a physician being impaired by alcohol or other drugs.

Randy Evans

Evans: This wasn’t one of the court’s finest moments

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Through the long arc of history, the Iowa Supreme Court has developed a reputation for judicial courage that often puts it ahead of many other courts when crafting groundbreaking decisions before important legal concepts become widely accepted. The issues have been meaty, and controversial, especially here in the middle of America. Iowa has been a leader with landmark rulings on slavery, school desegregation and gay marriage. But Friday, the Supreme Court passed up the opportunity to add to its legacy. In time, history will tell us just how far reaching this latest decision turns out to be, legally and environmentally.

Accountability

Evans: Iowans deserve a governor, not a ruler

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The Iowa Supreme Court chamber is a magnificent venue for the seven justices who referee the thorniest legal questions in our state. The courtroom seats a few dozen spectators. Last week, it’s a shame there weren’t thousands of people listening to the justices’ questions and the lawyers’ responses in the appeal of Christopher Godfrey’s lawsuit against former Gov. Terry Branstad. There is much riding on the decision the Supreme Court will make this spring. The stakes go beyond the district court jury verdict that taxpayers must pay the former Iowa workers compensation commissioner $1.5 million in damages for Branstad’s decision in 2011 to cut his salary by one-third. 

That occurred, according to the lawyers for the two sides, either because Godfrey is gay and because a handful of Branstad business supporters disliked Godfrey’s decisions in cases involving workers hurt on the job, or because the governor was merely exercising his administrative discretion as the state’s chief executive.

Evans: State Fair meeting was an affront to open government

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The decision last week to cancel the Iowa State Fair was a reminder of the seriousness of coronavirus and the consequences of many people’s anxiety about returning to activities that normally are an important part of Iowa life. But the State Fair’s decision also illuminated an embarrassing disconnect from the norms of government transparency and accountability in our state. I have attended government meetings for 50 years – from small-town city councils and school boards, to state boards and commissions. I have never seen or heard about a more outrageous abuse of the principle of open government than the State Fair Board exhibited last week. Randy Evans
STRAY THOUGHTS
Randy Evans is the executive director of the Iowa Freedom of Information Council.

opinion

Evans: ‘Professor’ Cady Gave Us a Remarkable Lesson

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Mark Cady was right at home at the piano and was an occasional singer, too, maybe best known among family and friends for his rendition of “Easter Parade” each New Year’s Eve — a whimsical tidbit that widened the eyes of some people at his funeral last week. But it was no surprise the music at his funeral was outstanding. The voices of the Des Moines Gay Men’s Chorus filled Drake University’s Knapp Center during the celebration of the life of the 66-year-old chief justice of the Iowa Supreme Court. Randy Evans
STRAY THOUGHTS
Randy Evans is the executive director of the Iowa Freedom of Information Council. He is a former editorial page editor and assistant managing editor of The Des Moines Register.

property forfeiture

TAKEN: Despite Reforms, Burden Still Heavy On Owners Of Seized Property

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A 2018 recreational brand vehicle, $500,000 in cash, a quarter and a red Bass Pro Shop baseball cap. These are just a few of the thousands of items that Illinois police agencies have seized over the past decade under state and federal laws known as civil asset forfeiture. The laws allow the seizure of property without a criminal charge being filed or case being filed in court. This Midwest Center for Investigative Reporting story is part of a collaborative reporting initiative supported by the Pulitzer Center on Crisis Reporting. See all the stories at taken.pulitzercenter.org.And they allow the police to keep and use the cash and property to finance for various expenses of the agencies, often without much oversight or disclosure on how the money is spent.

forfeiture laws

TAKEN: Reforms To State Civil Forfeiture Laws Still Lag, Critics Say

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Increasing lawsuits and allegations of civil right violations prompted the Illinois legislature to pass reforms of civil asset forfeitures that went into effect last year. Both federal and state civil asset forfeiture laws allow the seizure of property without a criminal charge being filed or case being filed in court. This Midwest Center for Investigative Reporting story is part of a collaborative reporting initiative supported by the Pulitzer Center on Crisis Reporting. See all the stories at taken.pulitzercenter.org.Illinois reforms limited seizures by requiring police to have a slightly higher burden of proof to seize the property. For example, drug residue found in a person’s pocket is no longer grounds for Illinois police to take a car, said Ben Ruddell, criminal justice policy attorney at the American Civil Liberties Union of Illinois in Chicago.

opinion

Evans: There’s Judicial Activism You Like — And Dislike

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One of the most contentious issues in the Iowa Legislature this year involved the way the state’s judges are chosen.
That process was established 57 years ago when voters amended the Iowa Constitution. It’s worth noting that Republicans held solid majorities then in the Iowa House and Iowa Senate. In the years that followed — when governors were Republicans, as well as when they were Democrats — the stature of the Iowa judiciary was saluted across the United States for its fairness and nonpartisan nature. Randy Evans
STRAY THOUGHTS
Randy Evans is the executive director of the Iowa Freedom of Information Council. He is a former editorial page editor and assistant managing editor of The Des Moines Register.

Randy Evans

Evans: More Politics Is Not What Iowa Courts Need

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Today, the Harold Hills working our state are not concerned about pool halls or bands. But they are again trying to gin up public anxiety about a supposed problem right here in Iowa — that politics, with a capital P, is tainting our court system, especially the selection of judges.

opinion

Don’t Hide Government Officials From The Public

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I sometimes think government officials overlook the important role the public plays in our system of government. That was my takeaway last week from the monthly meeting of the Iowa Public Information Board. When Mrs. Gentry lectured in my high school government classes 50+ years ago, I remember her talking about how American government is participatory. The public can attend meetings of government boards, she told us. People are free to express their opinions to government leaders.