Iowa GOP Chairman: Remove Supreme Court Justice Wiggins

The Republican Party of Iowa urged voters on Wednesday to oust Justice David Wiggins for his vote on the same sex marriage ruling saying that he was among a handful of judges who overstepped his authority in deciding the matter.

Wiggins and other members of the Iowa Supreme Court declared an Iowa Defense of Marriage Act illegal in 2009, essentially legalizing same sex marriage in the state. Wiggins' term expires in December 2012.

"The Republican Party of Iowa believes we must be a state based on laws and not the whims of unelected activist judges attempting to impose their personal views on the public," said Republican Party of Iowa Chair A.J. Spiker of Ames in a statement about the upcoming vote.

"The people of Iowa are tired of increasingly powerful bureaucrats arrogantly and deceitfully instituting law when they have no justification or ability to do so," Spiker stated.

Steve Davis, a communication officer for the Iowa Judicial branch, said Wiggins had no comment on the matter but Wiggins later released a statement saying that it was unfortunate that the judicial branch of the government was being politicized. Others including the Iowa Democratic Party came to Wiggins defense as well saying that Spiker was attempting to inject politics into the court system.

Iowa voters ousted three other judges who were in favor of same sex marriage in 2010. Spkier said that the issue of same sex marriage should be decided by an election.

“Just as Iowans successfully showed in 2010, it is again time to put a check on this power and reign in an activist judge from his position of misused authority. This is the only chance voters have to make their voice heard and we must take the opportunity to remove Justice David Wiggins from his post and show him his arrogance and disregard for the law does indeed have consequences,” Spiker stated.

Iowa Democratic Party Chair Sue Dvorsky said in a statement to the press that “Chairman Spiker’s comments and other attacks against the judiciary are unacceptable and highlight the dangers of politicizing the judicial branch, which is an independent branch protecting the civil rights of all Iowans.

“We vehemently oppose the politicization of judicial selection by the RPI and special interest groups, many of them out of state, who financed the anti-retention campaign in 2010 and will likely fund the effort in 2012.

“We are very concerned about the risk these out-of-state special interest groups are bringing to our state, and we will not sit quietly as they crusade to eliminate an independent judiciary and taint the entire democratic system. As Iowans we must stand up for and independent judicial system that continues to work for all of us.”

Wiggins also said in a statement late Wednesday that Iowa's court system wasn't designed to be political. 

"Our system is built on checks and balances between independent branches of government.  Two of the branches are designed to be political.  It is unfortunate that Mr. Spiker apparently thinks that all three branches should be political," Wiggins said.

"I have always viewed the role of the judiciary as limited and I am proud of my work in writing opinions and helping resolve the issues that are brought before the court."