Not Letting Felons Vote Damages Democracy for All Citizens

AUSTIN SARAT

Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—argues that disenfranchising felons, as most American states do in some way, does substantial harm to everyone in our democracy. Sarat praises a recent decision by a federal district court in Florida striking down a state law requiring people with serious criminal convictions to pay court fines and fees before they can register to vote, but he cautions that but much more needs to be done to ensure that those who commit serious crimes can exercise one of the essential rights of citizenship.

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Endress v. Iowa Department of Human Services

Docket: 18-1329

Opinion Date: May 29, 2020

Judge: Christensen

Areas of Law: Civil Rights, Constitutional Law, Government & Administrative Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court reversing the decision of the Iowa Department of Human Services (DHS) that a child-care provider must pay back benefits the provider received during agency review of her cancelled provider agreement, holding that DHS erred in refusing to consider the provider's unjust enrichment defense to the recoupment proceeding. At issue was whether the provider was given constitutionally sufficient notice of DHS's intent to recoup payments. DHS sent the provider a notice cancelling the provider agreement and noted that any benefits the provider got while her appeal was being decided "may have to be paid back if the Department's action is correct." DHS affirmed its decision to cancel the provider's agreement but did not find, until years later, that the provider had to pay back the $16,000. The district court reversed DHS's decision on recoupment and denied attorney fees under Iowa Code 625.29(1)(b). The Supreme Court reversed in part, holding (1) DHS's notice met procedural due process requirements, but the DHS should have been allowed an opportunity to raise unjust enrichment as an offset to DHS's effort to recoup overpayments; and (2) where DHS's role was primarily adjudicative, DHS was not liable for attorney fees.

Pfaltzgraff v. Iowa Department of Human Services

Docket: 18-0189

Opinion Date: May 29, 2020

Judge: Christensen

Areas of Law: Constitutional Law, Government & Administrative Law

The Supreme Court affirmed in part and vacated in part the court of appeals' decision and affirmed in part and reversed in part the judgment of the district court, holding that a child-care provider whose provider agreement and registration was cancelled should be allowed to raise unjust enrichment as an offset to the Iowa Department of Human Services' (DHS) effort to recoup $31,815 for child-care services the provider rendered during agency review. This appeal was a companion case to Endress v. Iowa Department of Human Services, __ N.W.2d __ (Iowa 2020), also decided today. DHS attempted to recoup child-care service payments during agency review of the provider's cancelled provider agreement and registration. On appeal, the court of appeals held that DHS's notice concerning recoupment of overpayments was constitutionally deficient. The Supreme Court (1) vacated the court of appeals' decision on the constitutional issue, holding that DHS's notice of recoupment met procedural due process requirements; and (2) remanded the case to the district court to remand to DHS for consideration of the provider's equitable relief, holding that the provider should have been allowed to pursue her claim for unjust enrichment.

State v. Damme

Docket: 19-1139

Opinion Date: May 29, 2020

Judge: Thomas D. Waterman

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's sentence for theft after Defendant pleaded guilty, holding that "good cause" under the newly amended Iowa Code 814.6 means a "legally sufficient reason," and the good cause requirement is satisfied when the defendant appeals a sentence that was neither mandatory nor agreed to in the plea bargain. Defendant pleaded guilty to two separate charges of theft in the third degree. The court sentenced Defendant to an indeterminate term of two years of incarceration for each case to run concurrently. Defendant appealed, arguing that the sentencing court abused its discretion by considering improper factors when imposing her sentence. The State responded that the Supreme Court lacked jurisdiction over Defendant's appeal without a showing of good cause under the newly amended Iowa Code 814.6. The Supreme Court affirmed, holding (1) Defendant satisfied the good-cause requirement to proceed with her appellate challenge to the sentence; and (2) on the merits, Defendant's challenge to her sentence failed.

State v. Henderson

Docket: 19-1425

Opinion Date: May 29, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's sentence for indecent contact with a child, holding that Defendant satisfied the good-cause requirement to challenge his sentence as an abuse of discretion but that, on the merits, his challenge failed. Defendant pleaded guilty to indecent contact with a child. The court sentenced Defendant to two years in prison and to ten years' special parole after completion of his prison term. The court further ordered Defendant to register as a sex offender for ten years and complete the sex offender treatment program. Defendant appealed. The State filed a motion to dismiss the appeal, arguing that entering an Alford plea is not good cause to appeal. The Supreme Court held that Defendant had shown good cause but failed to establish that any alleged errors warranted resentencing.