Iowa Supreme Court Chief Justice Dies Unexpectedly
Des Moines, Iowa – Mark Cady, the soft-spoken chief justice of the Iowa Supreme Court who wrote key decisions on gay marriage and abortion access that rankled social conservatives, has died at the age of 66.
Cady died unexpectedly Friday night from a heart attack, his family said in a statement posted on the court’s website.
“Tonight, the state lost a great man, husband, father, grandfather, and jurist,” the family wrote.
In an accompanying post, the court described him as an exceptional judge who was respected and beloved by his fellow jurists.
“His passing is a great loss to the court and the state he so loyally served,” the court wrote.
A court spokesman, Steve Davis, said Cady was in Des Moines when he died.
Cady was a key swing vote on the court in recent years, as Republicans took control of the Iowa Legislature and governor’s office and passed laws aimed at expanding gun rights, restricting abortion and barring gay marriage.
Cady wrote the 2009 unanimous opinion that made Iowa the nation’s third state to permit same-sex marriage. The ruling came years before the 2015 U.S. Supreme Court decision that struck down gay marriage bans throughout the country.
"We are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective," Cady wrote for the court.
The ruling led to a backlash from conservatives, who voted out three of the justices in 2010, though Cady wasn’t up for a retention vote that year.
Last year, Cady led a 5-2 majority of justices who concluded that a law requiring women to wait 72 hours before a doctor could perform an abortion was unconstitutional because “autonomy and dominion over one's body go to the very heart of what it means to be free.”
The ruling angered conservatives and led to passage of a law this year that gave the governor more control over nominees to put on the courts. The law also reduced Cady’s eight-year term as chief justice by three years, forcing him to step down as chief in 2021, which would have cut his pay by about $8,000 a year. A legal challenge to the law will be heard by the Iowa Court of Appeals.
Cady sided with the majority in a 4-3 decision three years ago that barred sentences of life without parole for teenagers, finding it cruel and unusual punishment. And he worked to limit a 2017 law that allowed guns to be carried in courthouses throughout the state. After issuing an order banning guns from courthouses, he compromised with a revised order allowing county supervisors or other local government officials to file written requests to allow guns in their buildings.
Gov. Kim Reynolds ordered on Saturday all flags in Iowa to be lowered to half-staff and to remain that way until a memorial service is held. She said she was heartbroken to learn of his death.
“He loved the law, the judiciary, and the state we call home. He leaves behind a legacy of service and dedication that we should never forget,” she said.
Governor for just over two years, Reynolds, a Republican, already has appointed two justices – one due to illness and another retirement – and now will fill another vacancy.
Although Cady was one of five Republican appointees to the court, he often sided with the two justices appointed by Democrats.
Cady, of Fort Dodge, was appointed to the Iowa Supreme Court in 1998 by Republican Gov. Terry Branstad. The members of the court selected him as chief justice in 2011.
Branstad, now U.S. ambassador to China, said in a statement that accompanied Reynolds’ that he was proud to have appointed Cady to the district court, appeals court and state Supreme Court.
“He was a dedicated jurist who was liked and respected for his strong work ethic and fairness,” Branstad wrote.
The Omaha Bar Association expressed sympathy for Cady’s passing after it was announced.
“The OBA is saddened by the passing of Iowa Supreme Court Chief Justice Mark Cady. Just a few years ago, Justice Cady presented on the issue of implicit bias to OBA members at our Annual Ethics CLE,” the group posted last Saturday on Facebook.
Born in Rapid City, South Dakota, Cady earned his undergraduate and law degrees from Drake University in Des Moines.
He was appointed a district court judge in 1986. In 1994, he was appointed to the Iowa Court of Appeals and was elected chief judge in 1997 and served until his appointment to the state Supreme Court. He was chairman of the National Center for State Courts Board of Directors and served as president of the Conference of Chief Justices.
Cady is survived by his wife, Becky, two children and four grandchildren.
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Public Celebration of Life Planned
The Iowa Supreme Court has announced arrangements to honor Chief Justice Mark Cady, who passed away on Friday.
A public celebration of life is scheduled for Wednesday, Nov. 20, in the Knapp Center on the Drake University campus, 2601 Forest Avenue, Des Moines, beginning at 10 a.m.
The family will greet the public after the service. Members of the public are invited to honor Chief Justice Cady for the sig-nificant contributions he made to the Iowa Judicial Branch and judicial independence. Private family services are planned.
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Colleagues Share Reflections on Justice Cady
“Chief Justice Cady was my very good friend as well as col-league and I am deeply saddened by his passing. It was an honor to serve on the supreme court with him for 16 years and, dur-ing his eight years as chief jus-tice, he led the court with a clear vision and one overriding goal: to be the best court system in the country. His dedication to the judicial branch and true car-ing for all of its people could be seen in the courthouses I visited and the staff I spoke to around the state. He is one of the giants and leaves a lasting legacy of honor, integrity, and kindness. I will miss him greatly.”
Justice David Wiggins
“I am truly devastated by our loss of Chief Justice Cady. I’m devastated for his family, for the court, for the entire judicial branch, and for the people of Iowa. Mark had all the qualities you would want in a Chief Jus-tice. He had an outstanding le-gal mind, he was a strong leader who led by example, he was deliberative in all his decisions, and he loved the Iowa Judicial Branch. As a friend, he was compassionate, warm, and very personable. We may have disa-greed on some cases, but he encouraged collaboration, and deeply valued collegiality. He was respected not just in Iowa, but he was recognized nationally for his work as Iowa’s chief justice.”
Justice Brent Appel
“I am shaken and profoundly saddened by the death of Chief Justice Mark Cady. He led our Judicial Branch with an infec-tious missionary zeal to be the best we can be. To that end he gave his last full measure of devotion. I will miss his gentle, caring manner, his eloquence, his words of wisdom. He brought our supreme court to the people we serve throughout Iowa. And he brought his Iowa-nice values to lead the chief justices of every other state. His legacy inspires us.”
Justice Thomas Waterman
“I owe my career as a judge to Chief Justice Cady. About 20 years ago, when he was relative-ly new to the supreme court and I was relatively new to the state, he and my former spouse struck up a conversation at an event. I then got to meet him and he encouraged me in the process of applying and reapplying in the face of rejection until things lined up just right and I was appointed to the court of appeals in 2009. I cherish my adopted state and cherish him for think-ing I might be someone who could serve it.
“Chief Justice Cady was the most careful decisionmaker dur-ing our time together on the court. He pondered every case, often being the last to cast his vote. When you circulated a draft opinion, he would typical-ly question you about it at con-ference and make you explain it further. This would often lead to a rewrite. The final product was better.
“Chief Justice Cady cared on-ly about achieving greater jus-tice in our state. He didn’t mind who got the credit ¬– in fact, he wanted the credit dispersed among everyone in the judici-ary. He was relentless, though, and if you didn’t share his vi-sion he kept trying. He had a way of appealing to basic prin-ciples of justice that I think has caught on in the court’s opin-ions generally. ‘Oftentimes,’ he wrote, ‘it is important that the spirit of the law not be lost in the application of the law.’
“For Chief Justice Cady, it was ‘no Iowan left behind.’ But this wasn’t just something he championed in his legal rulings- although he certainly did that. He lived the same way. No mat-ter what your job or position or how he came to meet you or whether you agreed with him, he looked directly into your eyes and saw great value in you. He had a disarming way of tap-ping his hand on the back of your shoulder at the end of a meeting that conveyed simply and powerfully, ‘You matter to me.’
“In most of the United States, federal courts are considered the primary guardians of our civil rights. In Iowa, thanks to Chief Justice Cady, the state courts have achieved that role.”
Justice Edward Mansfield
“I feel honored to have had the opportunity to serve with Chief Justice Mark Cady for the past 15 months. I felt an imme-diate connection with the Chief because, in his prior judicial life, he was a juvenile court judge and a district court judge. Not long after I joined the court, I told the Chief I was interested in a particular issue regarding child welfare issues. His facial expression told me everything – not only did he like my idea, he said ‘You have my full backing. Let’s make it happen.’ The Chief didn't just utter those encouraging words – he backed it up with consistent interest in my progress and ensuring access to information and assistance in an effort to reach our goal. That is true leadership. Chief Cady's entire professional life has been devoted to Iowa's judiciary, and I am proud to have had an op-portunity to serve with him. My sympathies are extended to Becky and his family.”
Justice Susan Christensen
“Chief Justice Cady was a selfless and dedicated public servant. For almost 40 years, he served the citizens of this state as a thoughtful and fair-minded jurist. He was a compassionate man who cared deeply about this state, his community, his family, his friends, and his col-leagues. His passing is a loss for all of us. Stacey and I send our condolences, thoughts, and prayers to his family. May God give them strength and bless them in the coming days as they seek peace and understanding.”
Justice Christopher McDonald
“I first met Mark in law school and have enjoyed his friendship ever since. Through-out his life, Mark was a kind, compassionate, and honorable person. He treated everyone with respect and dignity. He was genuine and had a ready smile. As a judge, Mark was commit-ted to the rule of law, and ap-proached every case with the sole goal of applying the law with fairness and intellectual integrity. He worked tirelessly to bring the courts to the people and to ensure that Iowans re-ceived the court services they needed. Iowa has lost a very special person.”
Marsha Ternus, Chief Justice (Ret.), Iowa Supreme Court (1993-2010)
“When I heard that Chief Jus-tice Mark Cady had passed away, my immediate response was one of deep shock and sad-ness. A career cut short at a time when his leadership was so des-perately needed. He had so much more to give. He took us through some very tough times for the judiciary with grace, honor, humility, wisdom and compassion. In years to come his landmark decisions on some very controversy issues will be looked upon as adding to the Court’s rich history of protect-ing rights of Iowa citizens. I am grateful and proud to have served with him.”
Louis A. Lavorato, Chief Justice (Ret.), Iowa Supreme Court (1986-2006)
“I am profoundly saddened by the news of Chief Justice Mark Cady’s untimely death. And surely my sadness is shared by all who were privileged to serve with him in Iowa’s judiciary. He was a fair and thoughtful jurist, kind to a fault and a wonderful colleague. Ever mindful of the importance of judicial independence, Justice Cady led the Court with strength and humility when challenged by those who ques-tioned its constitutional authori-ty. His lifelong work on behalf of the citizens of Iowa will be forever remembered for his fidel-ity to the ideal of equal justice under the law for all persons.”
Linda Neuman, Justice (Ret.) Iowa Supreme Court (1986-2003)
“In his emails to the judicial branch or at the close of meet-ings with judicial branch per-sonnel Chief Justice Mark Cady often signed off with the state-ment ‘Thank you for all that you do.’ He has now left us much too soon, but his legacy of compassion, fairness and equality for all people is solidly fixed. So rest in peace our friend until we meet again, and thank you for all that you have done.”
Kurt Wilke, Chief Judge, Iowa Second Judicial District
“Chief Justice Cady earned a reputation as a national leader who was dedicated to fairness, access and transparency in the justice system. Our hearts go out to his entire family, and especially his wife Becky.”
Mary McQueen, President, National Center for State Courts
“On behalf of all of his col-leagues in the Conference of Chief Justices, we send our condolences to Mark’s wife, children and grandchildren. Mark was recognized nationally for both his intellect as a jurist, and for his commitment to mak-ing the court system a place where everyone could get the justice they sought. In addition to serving as President of CCJ, Chief Justice Cady also served as the Chair of its committee on Courts, Children and Families, and as a member of the commit-tee on Judicial Selection and Compensation. He also recently chaired a major national effort, the Family Justice Initiative, and served as co-chair of a workgroup on Children and Families for the National Judi-cial Opioid Task Force.”
Chief Justice Nathan L. Hecht of Texas, President-elect of Council of Chief Justices
“I was proud to call Mark Ca-dy not just a colleague but a friend. You simply won’t find a kinder, gentler soul than Mark.”
Chief Justice Paul L. Reiber of Vermont, Former President, Council of Chief Justices
“Our justice system was made better because of Chief Justice Cady’s tireless commitment to making the courts a place where justice would be done, particu-larly for children and families.”
Joseph Baxter of Rhode Island, President, Conference of State Court Administrators
“I am heartbroken to learn of the passing of Chief Justice Mark Cady. He devoted his entire professional career to serv-ing the people of Iowa. He loved the law, the judiciary, and the state we call home. He leaves behind a legacy of service and dedication that we should never forget. My prayers are with Becky, the rest of his fami-ly, and his colleagues on the Supreme Court and throughout the judicial branch during this difficult time.”
Iowa Gov. Kim Reynolds
“I am stunned and saddened by the loss of Chief Justice Ca-dy. As he did for so many law students and young lawyers, he showed me kindness and sup-port throughout my career. I am thankful for his service, and for the role he played in my life. He will be missed.”
Iowa Lt. Gov. Adam Gregg
“I am very saddened to hear of the death of Iowa Chief Justice Mark Cady. As governor, I was proud to have appointed him to the District Court, Court of Appeals and the Iowa Supreme Court. He was a dedicated Jurist who was liked and respected for his strong work ethic and fair-ness. My thoughts and prayers are with his wife, Becky, his family and friends.”
Ambassador Terry Bran-stad
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