CHAPTER 24--THE STATE GOVERNMENT I.LEGISLATIVE BRANCH II.EXECUTIVE BRANCH III.JUDICIAL BRANCH

CHAPTER 24--THE STATE GOVERNMENT

I. LEGISLATIVE BRANCH

II. EXECUTIVE BRANCH

III. JUDICIAL BRANCH

LEGISLATIVE BRANCH

• I) BICAMERALISM--A LEGISLATURE MADE UP OF TWO HOUSES

• A) 49 STATES HAVE A BICAMERAL STATE LEGISLATURE

• B) ONLY NEBRASKA HAS A UNICAMERAL LEGISLATURE.

II). BICAMERAL GOV’T. VS UNICAMERAL GOV’T

A) ARGUMENTS FOR UNICAMERAL• 1) LESS BUREAUCRACY

• 2) LESS CHANCE FOR SPECIAL INTEREST INFLUENCE

• 3) LESS EXPENSIVE

• 4) SIMILAR TO CITY / COUNTY GOVERNMENTS.

II). BICAMERAL GOV’T. VS UNICAMERAL GOV’T

B) ARGUMENTS FOR BICAMERAL• 1) CONTAINS THE CHECK AND BALANCE SYSTEM

• 2) MORE “IN-CONTACT” WITH THE PEOPLE

• 3) LESS RESPONSIBILITY ON LEGISLATORS. **

• 4) MORE ACCEPTABLE IN STATES THAT HAVE A DIVERSITY

OF ECONOMIC, SOCIAL, AND POLITICAL IDEALS.

III) SIZE OF THE STATE LEGISLATURE

• A) SET BY STATE CONSTITUTION 1) MUST BE BIG ENOUGH TO REPRESENT THE

PEOPLE...... SMALL ENOUGH TO BE EFFICIENT!!

• B) UPPER HOUSE(SENATE) 1) VARIES FROM 30-50 MEMBERS (IOWA HAS 50

MEMBERS)

• C) LOWER HOUSE(HOUSE OF REPRESENTATIVES)

1) VARIES FROM 40 (ALASKA) TO 400 (NEW HAMPSHIRE)--IOWA HAS 100 MEMBERS

IV) DETERMINING REPRESENTATION WITHIN THE STATE

• A) SET BY STATE CONSTITUTION, • BASED UPON POPULATION. THIS POLICY

IS CALLED “APPORTIONMENT”.1) STATES DIVIDED INTO ELECTION DISTRICTS BASED UPON EQUALITY OF POPULATION.

• B) PERIODICALLY, THE REPRESENTATION IS ADJUSTED

1) DONE MANDATORY EVERY 10 YEARS--CENSUS

2) PROCESS IS CALLED REAPPORTIONMENT

DETERMINING REPRESENTATION WITHIN THE STATE

• C) WHY WAS REAPPORTIONMENT NECESSARY?

• 1) END THE IMBALANCE CAUSED BY DOMINANCE OF RURAL AREAS.

• 2) 2 COURT CASES WHICH CHANGED THE PRINCIPLES OF REAPPORTIONMENT

• a) BAKER vs. CARR--ELECTION DISTRICTS EVEN BY POPULATION(1962)

• b) REYNOLDS vs. SIMS--FEDERAL COURT RULES IN ELECTION DISPUTES. (1964)

V) QUALIFICATIONS TO BE A LEGISLATOR

• A) FORMAL QUALIFICATIONS-SET BY STATE CONSTITUTION

• 1) AGE --VARIES WITHIN MINIMUM OF 18-25– IN IOWA A HOUSE MEMBER MUST BE 21– IN IOWA A SENATE MEMBER MUST BE 25

• 2) RESIDENT--BOTH STATE AND DISTRICT– IN IOWA YOU MUST BE A STATE RESIDENT FOR 1 YEAR– IN IOWA YOU MUST BE A DISTRICT RESIDENT FOR 60 DAYS

• 3) U.S. CITIZEN

• B) INFORMAL QUALIFICATIONS--• 1)POLITICAL AVAILABILITY

VI) ELECTION PROCEDURE--CHOSEN BY POPULAR VOTE

• A) CANDIDATES ARE NOMINATED IN: 1) PARTY PRIMARIES OR IN CONVENTIONS

• B) ELECTED IN NOVEMBER OF EVEN NUMBERED YEARS IN ALL BUT 4 STATES- WHICH WANT TO SEPARATE THEM FROM NATIONAL ELECTIONS.(MISS., NEW JERSEY, VIRGINIA, LOUISIANA)

• C) TERM OF OFFICE--2 YEARS OR 4 YEARS 1) LARGEST TURNOVER IS IN THE HOUSE OF

REPRESENTATIVES: WHY?• a) PROMOTION TO SENATE• b) LOW PAY• c) PARTY POLITICS• D. 15 STATES NOW HAVE TERM LIMITS

TERM OF OFFICE FOR A LEGISLATOR

• HOUSE MEMBERS IN IOWA SERVE A 2 YEAR TERM.

• SENATE MEMBERS IN IOWA SERVE A 4 YEAR TERM.– HALF OF THE 50 SENATORS TERM

EXPIRES EVERY TWO YEARS.

D) COMPENSATION FOR THE STATE LEGISLATOR

• SET BY STATE CONSTITUTION AND THE STATE LEGISLATURE

• 1) USUALLY INCLUDES SALARY AND EXPENSE ALLOWANCE- TRAVEL ALLOWANCE

– IN IOWA BASE SALARY IS APPROX. $25000– ALSO RECEIVE PER DIEM EXPENSE

– $86 A DAY AND $.29 A MILE DURING SESSION

• 2) LEGISLATORS WORRY ABOUT SALARY INCREASE BECAUSE OF WHAT VOTERS MIGHT THINK (PAY RAISES)--VOTER BACKLASH!

E) LEGISLATIVE SESSIONS--WHEN THE STATE LEGISLATURE MEETS

• HELD BY 44 STATES ON AN ANNUAL BASIS• IOWA’S SESSIONS BEGIN THE SECOND

MONDAY IN JANUARY – FIRST SESSION LASTS 110 DAYS– SECOND SESSION LASTS JUST 100 DAYS

• 1) SESSIONS ARE LEGISLATIVE TIMES TO WORK ON:

• a) FISCAL PROBLEMS--MONEY• b) LAW RELATED PROBLEMS• c) DOMESTIC PROBLEMS

F) SPECIAL SESSIONS

• 1) CAN BE CALLED BY GOVERNOR OR BY STATE LEGISLATURE

• 2) USED FOR EMERGENCY LEGISLATION

• 3) CAN BE USED AS A VETO SESSION- A CHANCE FOR LEGISLATORS TO RECONSIDER BILLS VETOED BY THE GOVERNOR. (8 STATES)

VII) POWERS OF THE LEGISLATURE

• THE STATE LEGISLATURE HAS ALL THOSE POWERS THAT:

• 1) THAT STATE CONSTITUTION DOES NOT GRANT EXCLUSIVELY TO JUDICIAL OR EXECUTIVE BRANCH OR:

• 2) NOT DENIED THEM BY U.S. CONSTITUTION

• REFERRED TO AS THE “RESERVED POWERS”

A) LEGISLATIVE POWERS--MAY PASS ANY LAW THAT DOES NOT CONFLICT WITH FEDERAL LAW OR PARTS OF STATE

CONSTITUTION(KEY POWERS) • 1) INCLUDES POWER TO TAX, SPEND, BORROW,

(APPROPRIATE FUNDS), ESTABLISH COURTS, DEFINE CRIMES, REGULATE COMMERCIAL ACTIVITIES, AND MAINTAIN PUBLIC SCHOOLS

• 2) INCLUDES THE POWER TO PROTECT AND PROMOTE THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE---CALLED POLICE POWER !!

B) NON-LEGISLATIVE POWERS--ASSUMED POWERS

• 1) EXECUTIVE POWERS• a) APPROVE GOVERNORS APPOINTEES• b) APPOINT SOME EXECUTIVE OFFICIALS• c) LEGISLATIVE OVERSIGHT-REVIEW PUBLIC

POLICY AND OFFICES.

• 2) JUDICIAL POWER--(ETHICS COMMITTEE)• a) POWER OF IMPEACHMENT• b) POWER TO DISCIPLINE ITS OWN MEMBERS.

• 3) CONSTITUENT POWER--CALL CONSTITUTIONAL CONVENTIONS-PROPOSE AMENDMENTS TO THE PEOPLE

VIII) ORGANIZING THE STATE LEGISLATURE

• A)A) ELECTION OF PRESIDING OFFICERSELECTION OF PRESIDING OFFICERS• 1) HOUSE-ELECTS THE PRESIDING

OFFICERS, THE SPEAKER, DURING A PARTY CAUCUS. USUALLY THE MAJORITY PARTY HOLDS THIS POSITION

• 2) SENATE-THE PRESIDING OFFICER IS THE LT. GOVERNOR IN 28 STATES (PRESIDENT-PRO-TEMP WHEN LT. GOVERNOR IS ABSENT)

THE CHIEF TASKS OF THE PRESIDING OFFICERS IS TO:

• 3) THEIR CHIEF DUTIES INCLUDE:• a) REFER BILLS TO COMMITTEE• b) RECOGNIZE MEMBERS WHO WISH TO SPEAK• c) INTERPRET AND APPLY RULES TO THE

PRECEEDING• d) ASSIGN COMMITEE MEMBER--IMPORTANT

DUTY!• COMMITTEE ASSIGNMENT IS BASED ON BACKGROUND!

B) THE COMMITTEE SYSTEM IN THE STATE LEGISLATURE

• NEEDED FOR THE LARGE AMOUNT OF LEGISLATION-MOST LEGISLATIVE WORK IS DONE HERE!!

• 1) COMMITTEES-DO THE MAJOR TASKS ON LEGISLATION

• a) SORT OUT BILLS WHICH ARE READY TO BE VOTED ON

• b) INFORM THE DIFFERENT SECTIONS OF MEASURES THEY ARE HANDLING

THE COMMITTEE SYSTEM IN THE STATE LEGISLATURE

• 2)THESE ARE THE TYPES OF COMMITTEES:• a) STANDING COMMITTEE-SET BY SUBJECT

MATTER. THESE ARE PERMANENT GROUPS

• b) JOINT COMMITTEE-PERMANENT GROUPS MADE UP OF SENATE-HOUSE MEMBERS JOINTLY (TOGETHER)

• c) INTERIM COMMITTEE-FUNCTION BETWEEN LEGISLATIVE SESSIONS(TO REVIEW BILLS OR ESEARCH TOPICS)

• d) GRAVEYARD COMMITTEE--WHERE DEFEATED OR UNPOPULAR BILLS ARE SENT TO BE DISCUSSED BUT NOT VOTED ON!

IX) THE LEGISLATIVE PROCESS

• A) BILLS MAY BE INTRODUCED ONLY BY LEGISLATORS AS A-“SOURCE OF LAW.” BUT IDEAS OR CONCEPTS COME FROM:

• 1) PUBLIC SOURCES--BIGGEST INFLUENCE, EXAMPLES ARE SPECIAL INTEREST GROUPS.

• 2) LOCAL GOV’TS

• 3) GOVERNOR’S OFFICE

• 4) PRIVATE INDIVIDUALS OR GROUPS.

• B) IOWA EMPLOYS THE LEGISLATIVE FUNNEL

B) VOTING IN THE LEGISLATURE-MAY TAKE PLACE IN 4 MANNERS

• 1) VOICE VOTE-- “VIVA VOCE”

• 2) DIVISION OF THE HOUSE-STAND AND VOTE

• 3) TELLER VOTE-WALK BY VOTE

• 4) RECORD OR ROLL CALL VOTE-MOSTLY DONE ELECTRONICALLY. IT IS CONSIDERED THE MOST ACCURATE-METHOD

C) LEGISLATOR’S 4 ROLES THEY SERVE-AS THEY VOTE

• 1) “TRUSTEE” -DECIDE QUESTION ON OWN MERITS

• 2) “DELEGATE” -AGENT OF THEIR CONSTITUENT

• 3) “PARTISAN” -POLITICAL PARTY ALLEGIANCE

• 4) “POLITICO” -COMBO OF ALL THREE

D) THE GOVERNOR’S VETO--REJECTION OF PROPOSED LEGISLATION.

• 1)EVERY STATE EXCEPT N. CAROLINA HAS “DIRECT VETO”

• 2) ITEM VETO-REJECT PARTS OF A BILL– USUALLY USED ON APPROPRIATION BILLS

• 3) SOME STATES ALLOW A POCKET VETO– FAILURE TO ACT WITHIN A SET NUMBER OF DAYS– IOWA DOES NOT HAVE THE POCKET VETO

• 4) VETO CAN ACT AS A THREAT TO LEGISLATOR

• 5) VETO CAN BE OVERRIDDEN BY A 2/3 VOTE

E) IMPROVING THE STATE LEGISLATURE-A LIST OF

RECOMMENDATIONS THAT ARE NEEDED:

• 1) SALARIES INCREASED• 2) SESSION LENGTHS EXTENDED• 3) STAGGERED TERMS• 4) REGULATE SPECIAL INTEREST GROUPS• 5) ADEQUATE STAFF FOR LEGISLATORS• 6) SPEED UP LEGISLATIVE PROCESS• 7) OPEN MEETINGS (PUBLIC) •

X) DIRECT LEGISLATION--THIS ALLOWS FOR THE VOTERS TO BE

DIRECTLY INVOLVED IN THE LAWMAKING PROCESS.

• A) THE INITIATIVE--WHEN THE VOTERS INITIATE OR PROPOSE LEGISLATIVE ACTION. DONE IN 2 MANNERS OR WAYS.

• 1) THE DIRECT INITIATIVE• a) Certain number of qualified voters(set by

state law) sign a petition to propose a law.

• b) Measure goes on a ballot for all voters to vote on, usually at next general election.

• c) If approved it becomes a law!

2) THE INDIRECT INITIATIVE

• a) Qualified voters sign a petition.

• b) legislature votes on proposal--if it is approved it is sent to the governor to sign into law. If defeated it is sent to the voters on a ballot and they vote on it’s approval. Voters can pass it as a law.

B) THE REFERENDUM---WHERE THE LEGISLATURE REFERS PROPOSALS

DIRECTLY TO THE VOTERS FOR THEIR APPROVAL.

1)MANDATORY REFERENDUM--LEGISLATION THAT IS REQUIRED TO BE SENT BY THE LEGISLATURE!

• a) If done by court order-the order is binding!• b) Includes constitutional amendments!• 2) OPTIONAL REFERENDUM--(HOT POTATO ISSUE)• a) done with issues that are controversial or

may cause “backlash”!• 3) POPULAR REFERENDUM• a) Voters demand a legislative action be sent to

them for their vote.

• b) The demand must include a petition signed by a specified number of signatures.

• c) These usually fail because it is hard to generate enough support for the petition!--represent the interests of the minority!!

THE STATE’S EXECUTIVE BRANCH

• THE STATE’S GOVERNOR– THE HIGHEST EXECUTIVE OFFICER– MANY GOVERNOR’S GO ON TO THE

PRESIDENCY!!– IOWA’S CURRENT GOVERNOR IS

**TERRY BRANSTAD(REP.) GOVERNOR.

I. THE OFFICE OF THE GOVERNOR

• FORMAL QUALIFICATIONS– AMERICAN CITIZEN– MINIMUM AGE SET BY STATE CONSTITUTION

(IOWA--30)– RESIDENT OF THE STATE(IOWA--2 YEARS)

• INFORMAL QUALIFICATIONS– POLITICAL AVAILABILITY– POLITICAL BACKGROUND--PREVIOUS

POLITICAL EXPERIENCE.

SELECTION PROCESS FOR THE GOVERNOR-- process!

• CANDIDATES ARE CHOSEN BY:– PARTY PRIMARIES-MOST POPULAR– CONVENTIONS OR RUN AS INDEPENDENTS

• GOVERNOR AND LT. GOVERNOR RUN AS A “TICKET”

• 45 STATES CALL FOR A PLURALITY VOTE WHILE 5 STATES DEMAND A MAJORITY VOTE!

• IN CASE OF A TIE:– RUN-OFF ELECTION BETWEEN THE TOP 2

CANDIDATES(ARIZ., GA., LA.)– CHOSEN BY THE STATE LEGISLATURE(MISS. AND

VERMONT)

GOVERNOR’S TERM OF OFFICE

• SET BY THE STATE CONSTITUTION

• MOST ARE 4 YEAR TERMS:– SOME STATES HAVE 2 YEAR TERMS

(N.H., R.I., AND VERMONT)

• SOME STATES SET TERM LIMITS:– TO COUNTER THE ADVANTAGE OF THE

INCUMBENT PARTY--VIRGINIA

SUCCESSION--SHOULD THE GOVERNOR’S OFFICE

BECOME VACANT• IN SOME STATES THE POSITITON GOES TO:

– LT. GOVERNOR IN 43 STATES (IOWA)– PRESIDENT OF THE SENATE– OR SECRETARY OF STATE

• IF THE GOVERNOR IS REMOVED FROM OFFICE AS A RESULT OF:– IMPEACHMENT BY THE STATE LEGISLATURE (NOT

ALLOWED IN OREGON)– RECALL--IN 18 STATES VOTERS CAN PETITION AND

REMOVE A GOVERNOR (NOT IOWA)• NEED 25% OF REGISTERED VOTERS TO SIGN A PETITION• VERY DIFFICULT TO DO!!

COMPENSATION--SET BY THE STATE LEGISLATURE

• AVERAGE SALARY WELL OVER $100,000. – GOVERNOR BRANDSTAD $142,570

• INCLUDES A RESIDENCE AND AN EXPENSE ALLOWANCE.– GOVERNOR’S MANSION--”TERRACE HILL”

• ALSO GIVES THE GOVENOR HONOR AND PRESTIGE:– “STEPPING STONE” TO THE PRESIDENCY

II. THE GOVERNOR AT WORK--FULFILLS 3 ROLES

• EXECUTIVE POWER--AS LEADER OF THE EXECUTIVE BRANCH

• 4 DUTIES OR POWERS LISTED

APPOINTMENT AND REMOVAL OF OFFICIALS

• CHOOSE LOYAL AND ABLE PEOPLE TO AID OWN POLITICAL PLAN

• MUST WORK WITH AND AGAINST OTHER EXECUTIVE OFFICES– SOME EXECUTIVE OFFICES THE GOVERNOR

HAS NO CONTROL,OVER EVEN THOUGH THEY ARE PART OF THE EXECUTIVE BRANCH.

• APPOINTMENTS NEED STATE SENATE APPROVAL

SUPERVISION OF THE ADMINISTRATION

• GOVERNOR MUST ADMINISTER (RUN) HUNDREDS OF AGENCIES OF THE STATE. HIS CONTROL IS BASED UPON:

• WHAT IS ALLOWED UNDER STATE LAWS?

• HIS ABILITY TO OPERATE INFORMALLY.• THE GOVERNOR’S TALENT IN DEALING

WITH THE MEDIA AND THE PUBLIC.

DEVELOP A BUDGET

• A POLITICAL STATEMENT THAT DEPICTS EXPENDITURES AND APPROPRIATIONS

• USED AS A “TOOL” TO GAIN RESPECT AND COOPERATION FROM OTHER OFFICIALS

MILITARY POWER

• A POWER SHARED WITH THE PRESIDENT OF THE U.S. – CONCURRENT POWER

• CONTROL OF THE STATE’S MILITIA. THE IOWA NATIONAL GUARD.

• REASONS WHY THE MILITIA IS CALLED OUT– PRISON RIOTS– NATURAL DISASTERS– AID TO THE STATE POLICE

THE GOVERNOR’S LEGISLATIVE POWERS

• MESSAGE POWER– RECOMMEND LEGISLATION THRU CONTACT WITH KEY

LEGISLATORS– STATE OF THE STATE ADDRESS

• SPECIAL SESSIONS– IN STATES THAT ALLOW THE GOVERNOR CALLS

LEGISLATURE “BACK” INTO SESSION– DONE FOR A SPECIFIC NEED OR EMERGENCY– DONE AS A THREAT TO LEGISLATORS!

THE GOVERNOR’S LEGISLATIVE POWERS

• VETO POWER--REJECTION OF LEGISLATION(NOT IN NORTH CAR.)

• ITEM VETO--REJECTS A PORTION OF THE PROPOSED LAW– USED IN APPROPRIATION BILLS– AIDS BOTH THE GOVERNOR AND LEGISLATOR

• POCKET VETO--FAILURE TO ACT ON A BILL– NOT IN IOWA

• OVERRIDES--DONE BY A 2/3 MAJORITY – 5% OF LEGISLATION IS VETOED– 10% OF VETOES ARE OVERRIDDEN

THE GOVERNOR’S JUDICIAL POWERS

• CAN ONLY OCCUR AFTER A CONVICTION

• THE GOVERNOR SELDOM DEALS DIRECTLY WITH THE ACCUSED

• HE IS ASSISTED BY ADMINISTRATIVE BOARDS.– PAROLE BOARD– PROBATION OFFICES

THE GOVERNOR’S JUDICIAL POWERS

• PARDONS– GOVERNOR RELEASES THE ACCUSED FROM THE

CONSEQUENCES OF THEIR ACTIONS– CAN BE FULL OR CONDITIONAL PARDONS

• PAROLE– RELEASED PRIOR TO THE COMPLETION OF THEIR SENTENCE.---

VERY CONTROVERSIAL– RELEASE IS CONDITIONAL AND SUPERVISED

• COMMUTE– REDUCE THE LENGTH OF A SENTENCE SET BY COURTS

• REPRIEVE – POSTPONE THE EXECUTION OF A SENTENCE (DEATH PENALTY)

• REMIT– ELIMINATE OR REDUCE A FINE SET BY THE COURT

MISCELLANEOUS POWERS• AFTER 1800 THE GOVERNOR’S POWERS

INCREASED DUE TO A FEAR THAT STATE LEGISLATURES WERE BECOMING TOO POWERFUL!

• HOST VISITING DIGNITARIES• DEDICATE AND APPEAR AT PUBLIC EVENTS• HONORARY MEMBER OF SEVERAL “BOARDS”• SETTLE LABOR DISPUTES• PROMOTE THE STATE

THE ADDITIONAL EXECUTIVE OFFICES

• THE GOVERNOR HAS SOME OR LIMITED CONTROL OVER SOME.

• OTHERS THE GOVERNOR HAS NO CONTROL OVER

• A GROWING FEAR OF THE EXECUTIVE BRANCH BEING TOO STRONG!

THE LIEUTENANT GOVERNOR

• OFFICE EXISTS IN 43 STATES• GOVERNOR IN WAITING--LINE OF

SUCCESSION• PRESIDES OVER THE SENATE• A “STEPPING STONE” TO THE

GOVERNOR’S OFFICE• IOWA’S LT. GOVERNOR IS KIM

REYNOLDS.

SECRETARY OF STATE• OFFICE EXISTS IN 47 STATES

• MAY BE ELECTED(36), APPOINTED BY THE GOVERNOR (8), OR APPOINTED BY THE STATE LEGISLATURE. (3)

• STATES CHIEF CLERK AND RECORD KEEPER.

– IN CHARGE OF PUBLIC DOCUMENTS

– RECORDS OFFICIAL ACTS OF GOVT.

– ADMINISTERS ELECTION LAWS.

• IOWA’S SECRETARY OF STATE IS MATT SCHULTZ

STATE TREASURER• ELECTED IN 38 STATES, APPOINTED IN THE

OTHERS,• KEEPER OF THE STATE’S FUNDS• STATE’S TAX COLLECTOR• STATE’S PAYMASTER(ISSUES PAYCHECKS

AND TAX RETURNS:– MONEY MUST BE APPROPRIATED BY THE STATE

LEGISLATURE

• MAJOR JOB INCLUDES:– MAKE PAYMENT ON STATE BILLS– TAKE EXTRA MONIES AND INVEST THEM

• IOWA’S TREASURER IS MICHAEL FITZGERALD

STATE AUDITOR AND / OR COMPTROLLER

• POSITION AND DUTIES VARY BY STATE• DUTIES INCLUDE TO:

– MAKE SURE THE “EXPENDITURE” IS LEGAL– MAKE SURE THE ALLOTTED MONEY IS IN THE

STATE TREASURY

• PRE-AUDIT IS DONE BY THE COMPTROLLER

• POST AUDIT IS DONE BY THE AUDITOR• IOWA’S AUDITOR IS DAVID VAUDT

STATE ATTORNEY GENERAL

• CHOSEN BY THE VOTERS (43), THEGOVERNOR(5), THE STATE LEGISLATURE OR THE STATE SUPREME COURT.

• THE STATE’S LAWYER AND LEGAL ADVISOR• OVERSEES LOCAL PROSECUTORS (COUNTY

ATTORNEYS)• THEIR WRITTEN OPINION IS USED TO GUIDE

OFFICIALS IN QUESTIONS OF LAW. THIS IS CALLED AN “ADVISORY OPINION”.

• IOWA’S ATTORNEY GENERAL IS TOM MILLER

SUPERINTENDENT OF PUBLIC INSTRUCTION

• OVERALL SUPERVISOR OF PUBLIC SCHOOLS IN THE STATE.

• SHARE DUTIES WITH THE “STATE BOARD OR DEPARTMENT OF EDUCATION”

• IOWA’S DIRECTOR IS JASON GLASS

OTHER OFFICES AND AGENCIES

• MANY STATE FUNCTIONS ARE CARRIED OUT BY GROUPS CALLED “BOARDS”

• STATE DEPT OF AGRICULTURE--IOWA’S SECRETARY BILL NORTHEY

• STATE BOARD OF PRISONS AND PAROLES

• DEPARTMENT OF MOTOR VEHICLES (DMV)

REORGANIZING THE STATE GOVERNMENTS

• SEEKING TO ELIMINATE OVERLAPPING OF EXECUTIVE AGENCIES– ELIMINATE UNNECESARY USE OF BOARDS AND

COMMISSIONS

• LESS BUREAUCRACY AND CONFUSION– HIRE OR USE AN INDEPENDENT FINANCIAL AUDIT

• MAINTAIN CLEAR CONCISE LINES OF COMMAND– MAKE AGENCIES REPORT DIRECTLY TO THE

GOVERNOR.

THE STATE’S JUDICIAL BRANCH--THE COURTS

• STATE COURTS HEAR 80% OF ALL COURT CASES HEARD IN AMERICA.

• DEVELOPMENT OF COURTS VARIES FROM STATE TO STATE

THE ORIGIN AND PURPOSE OF THE STATE COURT SYSTEMS

• ORIGIN--CREATION– CREATED BY STATE CONSTITUTION– ACTIONS OF THE STATE LEGISLATURE

• PURPOSE--SERVE A DUAL ROLE– HEARS DISPUTES BETWEEN PEOPLE CALLED “CIVIL

CASES”--MOST NUMEROUS!– HEARS DISPUTES BETWEEN PEOPLE AND THE

GOVERNMENT--”CRIMINAL CASES”• MISDEMEANOR--MINOR CRIME, FINE AND PROBATION• FELONY--MAJOR OFFENSE--LONG JAIL SENTENCES AND

LARGE FINES!

THE STATE COURT STRUCTURE--LEVELS OF THE

COURT• THESE ARE THE LOCAL TRIAL COURTS

• LOCATED IN RURAL OR MUNICIPAL SETTINGS(SMALL CITIES)

• LIMITED AUTHORITY AND JURISDICTION AREAS

THE JUSTICE OF THE PEACE--”Lowest level of State

Courts”• VERY UNCOMMON--FOUND IN RURAL AREAS• ELECTED OFFICIAL--2 TO 4 YEAR TERM• MAY NOT BE A LICENSED ATTORNEY• JURISDICTION IS THEIR ELECTED AREA--

(CONSTITUENCY) HEARING MINOR CIVIL AND MISDEMEANOR CASES

• PAID A SET SALARY AND MAY RECEIVE A PERCENTAGE OF FINES LEVIED– (FEE SYSTEM)--VERY CONTROVERSIAL

MAGISTRATE’S COURT- Found in more Urban settings!• MUST BE A LICENSED ATTORNEY• SIMILAR TO A JUSTICE OF THE PEACE IN

THAT :– ALSO ELECTED TO A 2-4 YR.TERM– JURISDICTION IS THEIR ELECTED

AREA(CONSTITUENCY)– HEARS MINOR CIVIL AND MISDEMEANOR

CASES

• THIS COURT IS USUALLY LOCATED IN THE COUNTY SEAT(CAPITAL)

MUNICIPAL COURTS--City Courts

• LOCATED IN BIGGER CITIES--CITY WIDE JURISDICTION• HEARS MORE EXTENSIVE CIVIL AND MISDEMEANOR

CASES• JUDGES MAY BE ELECTED OR APPOINTED• COURT IS DIVIDED BASED ON SUBJECT OF THE CASE:

– CIVIL COURT– CRIMINAL COURT– TRAFFIC COURT– JUVENILE COURT– SMALL CLAIMS COURT– PROBATE COURT--DEALING WITH THE ESTATE OF

THE DECEASED

GENERAL TRIAL COURTS• MAY BE CALLED DISTRICT, SUPERIOR,

OR CIRCUIT COURTS

• JURISDICTION AREA IS AN AREA CALLED A “DISTRICT”OR “CIRCUIT” THAT COVERS 1 OR MORE COUNTIES

• ORIGINAL JURISDICTION– IF A CASE IS REMANDED IT IS HEARD “DE

NOVO”

GENERAL TRIAL COURTS• THESE COURTS HEAR THE IMPORTANT CIVIL

AND CRIMINAL CASES (FELONIES)• JUDGES ARE ELECTED OR APPOINTED TO

TERMS OF 4-6-8 YRS.• JURIES CAN AND ARE USED IN THESE COURTS:

– GRAND JURY--DETERMINES WHETHER TO RETURN AN “INDICTMENT”

– TRIAL OR “PETIT” JURY-DETERMINES GUILT OR INNOCENCE IN A CRIMINAL CASE BY UNANIMOUS VERDICT. FINDS NEGLIGENCE IN A CIVIL CASE.

• “HUNG JURY--CANNOT REACH A UNANIMOUS VERDICT

– BENCH TRIAL--JUDGE REPLACES JURY AND DETERMINES THE CASE.

JURY SYSTEM

• MEN AND WOMEN SELECTED TO JURY DUTY(SOME EXEPMTIONS)

• JURORS RECEIVE A WRIT OF VENIRE FACIAS--SUMMONS TO JURY DUTY

• GRAND JURY CONVENES PRIVATELY-DOES NOT NEED A UNANIMOUS DECISION

• TRIAL JURY CONVENES PUBLICLY--REACHES A UNANIMOUS VERDICT

THE APPELLATE COURTSBETWEEN THE TRIAL COURTS AND

THE STATE SUPREME COURT

• HEARS NO TESTIMONY OR WITNESSES– ATTORNEYS FILE BRIEFS AND GIVE ORAL

PRESENTATIONS

• CASES HEARD BY A “PANEL OF JUDGES”– RANGE FROM 3-9

• DECISIONS MUST INCLUDE A WRITTEN “MAJORITY” OPINION

• JUDGES CAN CONCUR OR DISSENT

THE STATE SUPREME COURT

HIGHEST APPELLATE COURT IN THE STATE• HEARS TRIALS APPEALED FROM STATE TRIAL OR

STATE APPEALS COURTS• SIZE OF COURT VARIES FROM 5-9

– IOWA HAS 9 JUSTICES• EACH SIDE PRESENTS BRIEFS AND ORAL

ARGUMENTS• DECISIONS BASED ON MAJORITY VOTE WITH A

WRITTEN OPINION INCLUDED.• APPEALS TO THE U.S. SUPREME COURT CAN ONLY

BE MADE WHEN THERE IS A FEDERAL LAW INVOLVED OR A VIOLATION OF OF CONSTITUTIONAL RIGHTS

SELECTION OF STATE COURT JUDGES

• POPULAR ELECTION• MOST POPULAR METHOD OF SELECTING

JUDGES• ELECTIONS REFLECT PUBLIC OPINION• THOSE OPPOSED TO POPULAR

ELECTIONS:– VOTERS MAY NOT BE KNOWLEGABLE

ENOUGH TO CHOOSE QUALIFIED JUDGES

SELECTION OF STATE COURT JUDGES

• APPOINTED BY THE GOVERNOR AND APPROVED BY THE STATE LEGISLATURE

• THOSE FOR THIS METHOD STATE:– A GOVERNOR IS MORE QUALIFIED TO CHOOSE

SOMEONE BASED ON LEGAL ABILITY

• THOSE OPPOSED TO THIS METHOD BELIEVE:– A GOVERNOR MAY CHOOSE A CANDIDATE BASED

ON POLITICAL PARTY AFFILIATION.

SELECTION OF STATE COURT JUDGES

• APPOINTMENT BY THE STATE LEGISLATURE.

• CONSIDERED THE MOST “DEMOCRATIC METHOD”

• APPOINTMENTS TEND TO FAVOR THE MAJORITY PARTY

SELECTION OF STATE COURT JUDGES--THE MISSOURI PLAN

• A COMBINATION OF APPOINTMENT AND ELECTION

• USED IN 1/3 OF STATES (IOWA)

• NOMINATING COMMISSION SELECTS 3 CANDIDATES

– GOVERNOR CHOOSES ONE OF THESE 3 CANDIDATES

• GOVERNOR SELECTS A CANDIDATE

– APPROVED BY SENATE, THEY SERVE TILL THE NEXT GENERAL ELECTION

• VOTERS APPROVE OR REJECT THE CANDIDATE

– IF ACCEPTED THEIR TERM IS SET BY THE STATE LEGISLATURE

• IF REJECTED THE PROCESS STARTS ALL OVER

JUDGES EVALUATED AND REMOVED

• EVALUATED BY STATE JUDICIARY COMMITTEES, JUDICIAL REVIEW COMMISSIONS, AND THE GENERAL PUBLIC

• REMOVAL MAY BE BY:– IMPEACHMENT– RECALL– GOVERNOR’S REQUEST

ESTABLISHING THE COURTS

• COURTS ARE SET GEOGRAPHICALLY--BY AREAS CALLED DISTRICTS OR CIRCUITS– CAUSES A BACKLOG IN HIGH

POPULATION AREAS

• SOME STATES MAY ADOPT THE “UNIFIED COURT SYSTEM”– CASES ARE ASSIGNED STRICTLY BY

SUBJECT MATTER