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IOWA SUPREME COURT

Q-C attorney named to Iowa Supreme Court

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Thomas Dana Waterman
Thomas Dana Waterman

Iowa Gov. Terry Branstad appointed Thomas Waterman, a Pleasant Valley attorney, to the Iowa Supreme Court on Wednesday.

He was one of three appointments the governor made Wednesday to replace the justices voters ousted last year after the high court's controversial 2009 decision to legalize gay marriage.

Waterman, 51, said in an interview Wednesday afternoon he is "on cloud nine."

"I'm tremendously honored and gratified by the governor's confidence in me and excited about serving the people of Iowa in this position," Waterman said.

A lawyer at at the Davenport law firm of Lane & Waterman for 27 years, this is his second bid for a job on the state's highest court.

He sought the position two years ago but wasn't chosen.

He was one of nine people whose names were forwarded to Branstad by the state nominating commission.

In his announcement, the governor noted Waterman's private-sector experience.

"My goal was to choose Supreme Court justices, from the available slate of candidates, who are most likely to faithfully interpret the laws and Constitution, and respect the separation of powers," he said in a statement.

Branstad also selected Iowa District Judge Bruce Zager and Judge Edward Mansfield of the Iowa Court of Appeals.

Supreme Court appointments are not subject to confirmation, as they are on the federal level. However, the governor must choose from the list of names forwarded by the nominating commission.

Waterman's selection as a justice makes him the first person from Scott County to serve on the high court since Linda Neuman, who served on the bench from 1986 to 2003.

Waterman said he and his family will continue to live in the Quad-Cities, and he will maintain an office at the Scott County Courthouse, as well as one in Des Moines.

Oral arguments begin in about a month, when he says he expects to be "up to speed" and ready to take on his duties.

"I look forward to rolling up my sleeves and doing my best," he said.

A nonpartisan group, Justice Not Politics, which is chaired by former lieutenant governors Sally Pederson and Joy Corning, praised all three choices.

Waterman is a 1981 graduate of Dartmouth College, with a degree in history. He received his law degree from the University of Iowa in 1984, after which he joined Lane & Waterman as an associate. He became a partner in 1990.

His experience has primarily been in civil litigation, with significant appellate work, according to documents submitted to the state nominating commission. Much of his court appearances have been before federal courts.

Waterman, a triathlete, also is president of the Scott County Family Y's corporate board, a volunteer position he will step down from.

"I think he'll be a great representative for Iowa but also the Scott County area," said Frank Klipsch, the chief executive of the YMCA.

The Des Moines Register reported earlier this month that Waterman had contributed $7,500 to Branstad's 2010 gubernatorial campaign. Waterman gave the money before there were any vacancies on the bench.

He said the contributions didn't come up during his interview with the governor and likely didn't factor in the decision.

"I think it was irrelevant," he said.

The three posts on the court opened up after Chief Justice Marsha Ternus and justices David Baker and Michael Streit were voted out of office last November.

The year before, the three joined the four other justices in unanimously legalizing gay marriage in the state.

The ruling galvanized social conservatives in the state to mount a campaign to oust the judges up for retention.

The three did not engage in traditional campaigning, and their ouster has led to speculation whether current justices will try to raise money and go on the campaign trail.

Waterman will face a retention election in two years. And, in the interview Wednesday, he said he recognizes he works for the people of Iowa and that he will apply the law and the Constitution to the cases before him. But he said he hoped to avoid campaigning and noted he now is in the position of being prohibited from asking for donations on behalf of the Y - but can still seek funds for his own campaign.

"I hope never to do that," he said.

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