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The
Des Moines Register
Activist
demands legislators impeach Polk judge
Bill Salier says
Robert Hanson did wrong in his ruling on gay marriages.
By TONY LEYS,
desmoinesregister.com from the Web, September 13, 2007
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RODNEY WHITE/REGISTER FILE PHOTO
Polk
County District Judge Robert Hanson heard arguments on May 4 at the
Polk County Court-house in the lawsuit that challenged Iowa's
definition of marriage. |
A conservative political activist is
demanding that the Iowa Legislature impeach Polk County District Judge Robert
Hanson, who ruled in August that the state's gay-marriage ban is
unconstitutional.
Bill Salier, a Nora Springs farmer and former Republican candidate for U.S.
Senate, said Wednesday that he is passing around a petition seeking the judge's
impeachment. Salier said Hanson's ruling is the latest example of judges
abusing their power in order to impose their personal beliefs on Americans.
"He's advancing what he wants to be the law, but he cannot pass law because he
is not a representative or a senator or a governor," Salier said. "It's a
malfeasance of his office, and he needs to be removed for it."
Hanson's ruling is on hold while it is appealed to the Iowa Supreme Court.
Salier said he would collect signatures for a few weeks, then present them to
leaders of the Iowa Legislature, which is controlled by Democrats. "If the
Democrat Party is dumb enough not to do it, then the Republicans can use it as a
political issue," he said. "If the Republicans are stupid enough to not
press for it, then we, the people of the state of Iowa, can bludgeon both
parties for it," he said.
Senate Majority Leader Mike Gronstal laughed when he heard about the effort.
The Council Bluffs Democrat said he wasn't even sure what power the Legislature
has to impeach a judge. "I'm next to positive it's never been done," he
said.
Gronstal said Salier's impeachment demand was not an honest attempt to oust
Hanson. "Let's be blunt," Gronstal said. "The likelihood of that
happening is zero, and he knows it, and you know it."
Some gay-marriage opponents want the Legislature to pass a constitutional
amendment declaring marriage to be between a man and a woman.
Gronstal said Iowans should wait for the Iowa Supreme Court to rule on Hanson's
decision before deciding whether the Legislature should take any action on the
matter.
Hanson heard about the impeachment move from reporters. "I'm really in no
position to comment," he said. "Even if I was willing to comment, I don't
think it would be appropriate to do so."
According to the Iowa Code, the Iowa House has the power to impeach judges for
"a misdemeanor or malfeasance in office." If the House voted for
impeachment, the Iowa Senate would be asked to convict or acquit on the charges.
It would take a two-thirds majority vote to convict. State officials said
they were unsure if any Iowa judge had ever been impeached, but they said it has
not happened in recent decades.
Salier is a well-known conservative activist. He gained 41 percent of the
vote in the 2002 Republican primary for U.S. Senate. He currently is Iowa
chairman for U.S. Rep. Tom Tancredo's Republican presidential campaign.
Salier said the petition drive is unconnected to the Colorado congressman's
campaign, but he said Tancredo agrees that activist judges should be reined in.
Iowa House Majority Leader Kevin McCarthy said Salier's two roles appear linked.
"This is a very emotional issue, but we are not interested in politicizing the
judicial branch to help the failing presidential campaign of Tom Tancredo," the
Des Moines Democrat said in a statement. He noted that legislators voted
to define marriage as being between a man and a woman. "The Legislature
has spoken on this issue as recently as last spring. ... Now it's time to let
the Iowa Supreme Court speak."
Republican leaders of the Legislature did not immediately respond to requests
for comment.
Salier is promoting his petition via the Web site
www.EverydayAmerica.com.
Iowa judges face a retention election after their first year on the bench and
near the end of each subsequent six-year term. Judges are removed from
office if a majority of voters opposes their retention. Hanson's next
retention vote is scheduled for 2010.
Reporter Tony Leys can be reached at (515) 284-8449 or
tleys@dmreg.com
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