David Wiggins (Iowa)
David Wiggins was a justice on the Iowa Supreme Court from 2003 to 2020. He was appointed as an associate justice on the state supreme court in 2003 by Governor Tom Vilsack (D). Wiggins became acting chief justice after the death of Chief Justice Mark Cady in 2019. He served in that role until February 2020.[1][2]
In 2009, a unanimous Iowa Supreme Court decision in Varnum v. Brien legalized same-sex marriage in Iowa. The decision caused Wiggins to face opposition in his 2012 retention election, which he won with 54.5 percent of the vote. The same decision had led to three justices losing their retention elections in 2010.[3]
Education
Wiggins received his B.A. from the University of Illinois at Chicago in 1973 and his J.D. from Drake University Law School in 1976.[4]
Career
- 2003-2020: Justice, Iowa Supreme Court
- 2019-2020: Acting chief justice
- 1976-2003: Attorney and partner, Williams, Hart, Lavorto & Kirtley[1]
Awards and associations
Awards
- 1999:, Meritorious Achievement Award, Iowa Trial Lawyers Association[1]
Associations
- Former member, Board of Governors, Iowa State Bar Association
- Past president, Iowa Trial Lawyers Association
- Former senior counsel, American College of Barristers
- Master emeritus, C. Edwin Moore American Inn of Court
- Advocate, American Board of Trial Advocates[1]
Elections
2012
- See also: Iowa judicial elections, 2012
Wiggins was retained in the general election on November 6, 2012, receiving 54.5 percent of the vote.[5][6]
Noteworthy cases
AFSCME Council 61 v. Iowa and Iowa State Education Association v. Iowa (2019)
In two separate rulings issued on May 17, 2019, the Iowa Supreme Court upheld a 2017 law that amended collective bargaining rights for the state's public-sector workforce. The court ruled 4-3 in the state's favor in both cases.[7]
In 2017, then-Gov. Terry Branstad (R) signed into law a series of amendments to Iowa's public-sector labor relations law. As a result, collective bargaining units with less than 30 percent public-safety personnel (defined generally as firefighters and police officers) were barred from negotiating insurance, hours, vacations, holidays, overtime, and health and safety issues unless their employers elected to do so. Collective bargaining units exceeding the 30-percent threshold were exempted from these restrictions.[7]
The plaintiffs, American Federation of State, County and Municipal Employees Council 61 (AFSCME Council 61) and the Iowa State Education Association (ISEA), argued the amendments violated their equal protection and associational rights under the state constitution. The defendants were the state of Iowa and the Iowa Public Employment Relations Board. Both cases were filed in state district courts, which ruled against the plaintiffs. The plaintiffs appealed these decisions to the state supreme court.[8]
In each case, the court ruled 4-3 in the state's favor. In the majority opinion covering both cases, Justice Thomas Waterman wrote: "The 2017 amendments do not infringe on a fundamental right of association. The plaintiffs 'come to us with a problem suitable only for political solution.' The plaintiffs are free to attempt to persuade public employers, such as the State and local governments and school boards, to voluntarily bargain over formerly mandatory terms. The plaintiffs otherwise must look to the ballot box and the elected branches to change this lawfully enacted statute." Justices Susan Christensen, Edward Mansfield, and Christopher McDonald joined Waterman’s opinion.[8]
Chief Justice Mark Cady and Justices Brent Appel and David Wiggins dissented. In his dissent, Cady wrote: "[The] Iowa statute ends up treating many similarly situated public employees in Iowa differently based solely on the bargaining unit they belong to and not for the reason the constitution would justify different treatment of public employees. Our constitution requires laws to treat similarly situated people equally unless there is an adequate reason otherwise. In this case, the overinclusiveness and underinclusiveness written into the statute drowned this reason out."[8]
Political outlook
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.
Wiggins received a campaign finance score of -0.96, indicating a liberal ideological leaning. This was more liberal than the average score of 0.21 that justices received in Iowa.
The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice, but an academic summary of various relevant factors.[9]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Iowa Courts, "Justice David Wiggins Biography," accessed August 13, 20114
- ↑ Des Moines Register, "Supreme Court Justice David Wiggins named acting chief following Mark Cady's death," November 21, 2019
- ↑ The New York Times, "Iowa Justice Who Ruled for Gay Marriage Faces Test That Peers Failed," October 22, 2012
- ↑ Project Vote Smart, "Justice David S. Wiggins (IA)"
- ↑ Iowa Secretary of State, "Unofficial 2012 General Election Results - Supreme Court"
- ↑ Iowa Secretary of State, "Judges Standing for Retention 2012"
- ↑ 7.0 7.1 The Gazette, "Iowa justices uphold controversial collective bargaining changes," May 17, 2019
- ↑ 8.0 8.1 8.2 Supreme Court of Iowa, "AFSCME Iowa Council 61 v. Iowa: Decision," May 17, 2019
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: Northern District of Iowa, Southern District of Iowa • U.S. Bankruptcy Court: Northern District of Iowa, Southern District of Iowa
State courts:
Iowa Supreme Court • Iowa Court of Appeals • Iowa district courts
State resources:
Courts in Iowa • Iowa judicial elections • Judicial selection in Iowa