Mark Cady

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Mark Cady
Image of Mark Cady
Prior offices
Iowa Supreme Court

Education

Bachelor's

Drake University

Law

Drake University Law School, 1978


Mark Cady was the chief justice of the Iowa Supreme Court. He was appointed to the court in 1998 by Republican Governor Terry E. Branstad. He served until he died of a heart attack on November 15, 2019.[1]

Cady became the chief justice of the court on January 1, 2011.[2][3][4]

In his role as chief justice, Cady expressed support for increasing technology in the court system, including text message reminders for court dates and online processing of small claims disputes.[5][6]

Cady wrote the opinion in Varnum v. Brien, a 2009 ruling that legalized same-sex marriage in Iowa.

Prior to his appointment to the state supreme court, Cady served on the Iowa Court of Appeals from 1994 to 1998. He was elected chief judge in 1997.[7]

Education

Cady received his undergraduate degree from Drake University and his J.D. in 1978 from Drake University Law School.[4]

Career

Awards and associations

Awards

  • Member, Order of Coif[4]

Associations

  • Member, American Bar Association
  • Member, Webster County Bar Association
  • Member, Iowa Judges Association
  • Member, Iowa State Bar Association
  • Member, Iowa Academy of Trial Lawyers
  • Member, Drake Law School Board of Counselors
  • Member, President's Advisory Council
  • Adjunct faculty member at Buena Vista University[4]

Committees

  • Chair, iCivics Inc.
  • Chair, Iowa Supreme Court Task Force on the Court's and Communities' Response to Domestic Abuse[4]

Elections

2016

Cady filed to stand for retention in 2016.[8]

Election results

November 8 general election

Mark Cady was retained in the Iowa Supreme Court election with 65.30% of the vote.

Iowa Supreme Court, Cady's seat, 2016
Name Yes votes
Green check mark transparent.pngMark Cady65.30%
Source: Iowa Secretary of State Official Results

2008 Election

Iowa Supreme Court
2008 General election results
Candidates Votes Percent
For retention Green check mark transparent.png 693,233 73%
Against retention 256,817 27%
  • Click here for 2008 General Election Results from the Iowa Secretary of State.

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.[9]

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.[9]

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.[10]

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.[10]

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."[10]

Varnum vs. Brien

Cady wrote the opinion for the ruling overturning the statewide ban on same-sex marriage.[11][12]

Political outlook

See also: Political outlook of State Supreme Court Justices

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.

Cady received a campaign finance score of 1.03, indicating a conservative ideological leaning. This was more conservative 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.[13]

Recent news

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See also

Iowa Judicial Selection More Courts
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Courts in Iowa
Iowa Court of Appeals
Iowa Supreme Court
Elections: 20242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Iowa
Federal courts
State courts
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External links

Footnotes