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ACHIEVING FAIR CROSS-SECTIONS ON IOWA JURIES IN THE POST-PLAIN WORLD: THE LILLY-VEAL-WILLIAMS TRILOGY.
- Source :
- Drake Law Review; 2020 3rd Quarter, Vol. 68 Issue 3, p499-601, 103p
- Publication Year :
- 2020
-
Abstract
- This Article focuses on a three-year-old opinion from the Iowa Supreme Court, State v. Plain, and a trilogy of cases decided last year, what we have called the Lilly-Neal-Williams trilogy, insofar as those cases secure, affirm, and advance understanding of the constitutional right to an impartial jury as drawn from a fair cross-section of the community. In a larger sense, this Article is about the continuing efforts of the Iowa Supreme Court, especially over the last decade, to address racial disparities. protect civil rights, and improve the administration of justice. It is an understatement to say these efforts owe much to the leadership of Chief Justice Mark Cady before his most untimely death in November 2019. To these efforts, the late Chief Justice Cady brought the formidable array of his personal qualities. He was a scholar and student of the law who was well aware of and championed Iowa's rich history in regard to civil rights and the Iowa constitution's equality principle. He was, in our experience, without peer in his willingness to listen and understand, identify what needed to or could be done, and act. He was always the Chief and stood out, but his humility, camaraderie, humor, and profound decency unfailingly erased differences in position and deepened friendship. While the Chief did not author the court 's opinions in Plain or the Lilly- Veal - Williams trilogy, his roles as leader, bridge-builder, and consensus-maker are clearly evident in the years leading up to these decisions and afterward. He earnestly and visibly supported the Branstad Committee that led to reforms of the Iowa Code dealing with juries. Under his leadership, the court appointed and charged committees to continue that work; and the Iowa judicial branch successfully initiated efforts significantly and dramatically improving jury management practices and requiring training of the entire judicial branch to address implicit bias-training that was to be refreshed and renewed annually. As he wrote in the special concurring opinion in Plain, "Today 's decision identifies several ways for our justice system to improve. We should never stop looking for others." In the ensuing years, again under his leadership, the court continued and intensified efforts to improve, especially in regard to protections of the impartial jury right. For his leadership on addressing racial disparities, protecting civil rights, and improving the administration of justice in Iowa, we dedicate this Article to our late Chief Justice Mark Cady. [ABSTRACT FROM AUTHOR]
- Subjects :
- JURY
TRILOGIES (Literature)
HUMILITY
CIVIL rights
LEADERSHIP
RACISM
Subjects
Details
- Language :
- English
- ISSN :
- 00125938
- Volume :
- 68
- Issue :
- 3
- Database :
- Complementary Index
- Journal :
- Drake Law Review
- Publication Type :
- Periodical
- Accession number :
- 147540294