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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