Bob Vander Plaats of The Family Leader during a tour stop to speak to supporters at Godfather's Pizza on Tuesday, March 15, 2011, in southeast Cedar Rapids, Iowa. (Jim Slosiarek/SourceMedia Group News)

By Bob VanderPlaats

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Iowans are savvy enough to recognize fear and intimidation by the legal elites and liberals who are telling them to vote “yes” to retain Judge David Wiggins. They are accusing us of politicizing the system when Iowans are simply utilizing a retention system put in place 50 years ago. Iowans are saying, It’s “We the People,” not we the courts.

In 2010, more than 525,000 Iowans resisted the scare tactics and held an activist court in check by removing three Supreme Court judges. Those same Iowans were warned if they voted “no” on the judges, the entire court system would be in danger. Nothing could be further from the truth.

Fast forward two years. Iowa has three new high-performing judges who are ranked 90 percent-plus in the judicial performance review and the courts never missed a beat, continuing to efficiently operate throughout the entire transition. The retention process worked. Fair and impartial courts were maintained, but more importantly, freedom was preserved.

Judge David Wiggins should be held accountable and removed from the Iowa Supreme Court. It’s a simple open and shut case.

1) Wiggins and Co. made law from the bench, executed law from the bench, and tried to amend the Constitution from the bench. Judges can’t do that. The second sentence of Article 12.1 of the Iowa Constitutions says, “The general assembly shall pass ALL laws necessary to carry this Constitution into effect.”

2) Wiggins is the worst rated Supreme Court Judge in a 50-year retention history. He received only a 63 percent retention recommendation from his own peers (Iowa Bar Association).

3) Wiggins broke the Iowa Judicial Code of Conduct. In justifying their opinion, Wiggins and Co. cited their own independent research. The problem with independent research is that it is strictly prohibited by Iowa Code, Chapter 51:2.9:(C): “A judge shall not investigate a matter independently and shall consider only the evidence presented and any facts that may properly be judicially noticed.” On page 54 of the Varnum opinion, Wiggins and Co. said they agreed with the plaintiff’s evidence, as “confirmed by our independent research.” That means Wiggins and the other judges broke the judicial code of Iowa when writing the Varnum opinion!

4) It’s “We the People,” not we the courts. Article 1.2 grants all political power to the people. Thus, when Wiggins and Co. attempted to create rights that they acknowledged in their Varnum opinion were “heretofore unimagined” by our founders, they violated our Constitution. It is only “We the People” that get to amend our Constitution, not “they the courts.”

Why should Iowans be concerned? Regardless of one’s emotions regarding the definition of marriage, all Iowans must be on high alert when judges display audacity to make law, execute law, violate Iowa Code, and try to amend the Constitution from their bench.

If they will do this to marriage, then they won’t even blink an eye when they take away private property rights, religious liberty, freedom of speech, or how parents choose to educate their children.

Lawyers and judges are trying to bully Iowans into thinking it’s immoral to vote “no” on Judge David Wiggins. It is OK to vote “no”! By doing so, Iowans will protect the integrity of the courts, ensure an independent judiciary, and keep politics out of the courts. Don’t allow the liberal elites to sacrifice the Iowa Constitution in order to protect their own institution.

Turn over your ballot and vote “no” on Wiggins. It’s a freedom issue.

Bob Vander Plaats is chairman of Iowans for Freedom. Comments: (515) 263-3495 extension 14