Paul Scott comment: "Our judicial system is wonderful!"
Posted: Thu, Dec 20, 2018 2:36 PM
(The following is a comment by decorahnews.com's Paul Scott):
"One hour before Thursday afternoon's Polk County court hearing into the lawsuit brought by Democratic House District 55 candidate Kayla Koether over the counting of absentee ballots in Winneshiek County, I received word from Des Moines that I would be allowed to listen to a telephone conference call feed of the hearing.
Starting at 1:30 p.m. and going for roughly an hour, I was able to listen as Polk County Judge Scott Beattie presided over statements made and questions raised by three attorneys who were arguing the case.
I don't know how Judge Beattie is going to rule (this comment is written before he makes his decision), but I do know that I am again marveling at how our judicial system works.
I don't know if people can appreciate how our judicial system differs to this day from judicial systems in many other parts of the world. Just holding a court hearing on election results would be unusual in some countries.
As I listened to three attorneys take turns making comments, I would say each time, "Well, that's a good comment!" But what impressed me most were the questions Judge Beattie asked in an attempt to try to understand what issues were at play.
A recent Letter to the Editor to decorahnews.com complained the Kayla Koether lawsuit wanted "a single unelected official to overrule what the elected representatives of the people put into law." I think that misstates the role of the judiciary, which is to try to interpret what lawmakers had in mind when they passed a certain piece of legislation. Throughout Thursday's hearing, the judge and the attorneys kept referring to Iowa Code 57.5 or Iowa Code 62 in an effort to parse how those rules would apply in this situation. Whatever ruling gets produced in this case, it will be researched and reasoned--and that's why we all should be feeling good about our judiciary."