DickEY&CAMPBELL ‘ LAW FIRM P.L.C. Gary Dickey Jr Angela Campbell gary@dickeycampbelleom ange 1@dickeycampbell.com October 9, 2018, VIA FACIMILE TO: &US, MAILTO: (319) 839-6149 Janet Lyness Johnson County Attorney 417 S. Clinton Street, PO Bo Towa City, lowa 52244 RE: Request for Petition for Writ of Quo Warranto Dear Ms. Lynes: I write to formally demand, pursuant to lowa Rules of Civil Procedure 1.1301() and 1,1303(1), that you file a Petition for Writ of Quo Warranto against Jason Besler for unlawfully holding the public office of district court judge in the Sixth Judicial District. As first reported on the website, wiv, bleedingheartlanieom, Governor Kim Reynolds failed to appoint Mr. Besler to the court within thirty days of his nomination by the judicial nominating commission as required by article V, section 15 of the lowa Constitution.t Because the chief justice of the supreme court has not appointed him to the court, he is unlawfully holding the public office of district court judg BACKGROUND On May 22, 2018, the nominating commission submitted the names of Jason Besler and Ellen Ramsey-Kacena to Governor Kim Reynolds for the purpose of filling a vacancy in the Sixth Judicial Distriet. Accordingly, June 21, 2018, was the last day in which Governor authorized under law to make the appointment. It appears from public records requests that the Governor's Office has no written documentation to memorialize the purported appointment on June 21, 2018. It further appears that Governor Reynolds did not notify the nominating commission, general publie, chief, justice or either nominee of the appointment until June 25, 2018— wys after the expiration of the thirty-day deadline, While Mr, Besler's judicial commission certificate is dated June 21, 2018, both Governor Reynolds and Secretary of State Paul Pate acknowledge that it was actually signed on June 25, 2018. * Bxclusive? How Kim Revnolds got away with violating Iowa's Constitution, duutps dew bleedingheartland.com/2018/001 12/exelusive:how-kim-reynoldsgot-away-with violibingsiowas:vonst tution) (9/2118 ite | Des Moines, lowa 50309 | Phone: 515.288.5008 | Fax: S15288.5010 | wwwdickeyeampbelleom en 301 East Walnut Street,APPLICABLE LEGAL PRINCIPLES Article V, section 13 of the Iowa Constitution provides: Vacancies in the supreme court and district court shall be filled by appointment by the governor from lists of nominees submitted by the appropriate judicial nominating commission. Three nominees shall be submitted for each supreme court vacancy, and two nominees shall be submitted for each district court vacaney. If the governor fails for thirty days to make the appointment, it shall be made from such nominees by the chie justice of the supreme court. Towa Const. art, V, § 15. This provision was added to the Iowa Constitution by amendment in 1962. An “appointment” is the “act of appointing someone or something.”? ‘To “appoint” someone to an office is “to name officially” that person for the position.’ Taken together, in order for the governor to “make the appointment” requires her to name officially the nominee for the district court vacaney. ANALYSIS Applying the most liberal construction to article V, section 15, Governor Reynolds could have appointed Mr. Besler in any of the following w: Notifying Mr. Besler of the appointment;! Notifying the judicial nominating commission of the appointment: Notifying the chief justice of the appointment Announcing the appointment to the general public or via a press release; or memorializing the appointment in writing. Governor Reynolds, however, failed to take any of these steps before June 25, 2018. Instead, she merely “told the chief of staff" of her decision to appoint Mr. Besler.> Assuming her statement is true, simply informing her staff of her decision is insufficient to constitute the official act of filling a distriet court vacaney. ‘To allow otherwise “would result in interminable confusion and in an almost immeasurable amount of loss of public service, growing out of contentions and disputes over the rightful possessor of an appointive public office.” Johnson v. Sampson, 24 S.W.2d 306 (Ky. 193). 2 https'/iwww.mevriam-webster.com/dictionary/appuintment # https:/avww anerriam-wehster.com/dictionarylapp * According to the Bleeding Heartland report, Chief Justice Cady “has always considered a ppointment was made when it was communicated to the nominee,” Supra at n.1 ® Governor answers questions about timing of district judge appointment, hupetivww.radioiowa.com/201809/19/governor-answers:questionsabout-timing-oFd ppointment) (9119/18). viet judgoCONCLUSION I demand that you file a civil action in the nature of quo warranto in the state against Jason Besler alleging that he is unlawfully holding the office of district court judge in the Sixth Judicial District, Iowa R. Civ. P. 1.1301(1). Venue is proper in Johnson County because Mr. Besler has presided over matters there. Iowa Code § 616.3(1). If you do not intend to file a petition against Mr. Besler, please notify me in writing so that I may apply to the court for leave to bring it in my personal capacity. See Iowa R. Civ. P. 1.1302(1). I look forward to your response. Sincerely,