Culver Issues His First Veto as Governor

Chet Culver has vetoed his first bill as Governor. Yesterday, Gov. Culver vetoed a bill that would have stripped Iowans the ability to appeal simple misdemeanors such as speeding and public intoxication through a process called "post-conviction relief."

From the Des Moines Register...

"I am convinced that if codified, Senate File 139 would erode and diminish one of our most cherished legal rights: the right to challenge the legal basis for incarcerating citizens," Culver wrote in his veto message.

The bill, which passed the House and Senate with no opposition, would prohibit defendants convicted of simple misdemeanors from filing for so-called "post-conviction relief." Essentially, that means that once defendants fail to convince a magistrate and then a district judge of their innocence, they would not be able to contest the convictions to the Iowa Supreme Court.

Some state officials, including the Iowa Attorney General's office, said post-conviction relief appeals are rarely filed in simple misdemeanors. Because most simple misdemeanors carry little or no jail time, the appeal process has little impact other than to clog the courts.

The bill did not prohibit defendants in more serious criminal cases from filing post-conviction relief petitions.

I can see both sides of this issue. Yes, it would be nice to cut down on the paper work in the court system and it seems a little silly for the Iowa Supreme Court to be hearing cases about speeding tickets. However, just because something requires a little more work doesn't mean you should change the law to get rid of it. Our Judicial system is one of the foundations of our society and it is good to see Gov. Culver has no interest in taking some of those rights away.