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Richard Vander Mey switches to the “Other Side” of the Bench

POSTED: February 3, 2010

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By John Speer

Central Iowa Press

Whether he's labeled a 'maverick' or causes some ripples doesn't appear to faze recently-appointed Tama County Magistrate Richard Vander Mey. He was willing to share his views on the present state of the Iowa judiciary as well as his new role in an interview last week.

Right away, he pulled the six-volume set of the Iowa Code off the Magistrate's bench and compared it with what existed when he became a lawyer in 1974. He said the Code books bindings measured about six inches across then and the six volumes are up to 15 inches today.

He asked, "How can any rational legislator expect lawyers and judges to understand and keep up with all this much less the average citizen? People in the American colonies had a revolution about oppressive government."

With a total of 28 years spent as an assistant county attorney facing judges,Vander Mey, rural Clutier, switched to "the other side of the bench" last August. From 1974-76 he served as an assistant Marshall County Attorney. Vander Mey was an assistant Tama County Attorney in the office of Brent Heeren from 1983 until last year. In between he spent six years in Washington D.C. as legislative director for U.S. House member, then Senator, Charles Grassley (R-Cedar Falls.)

The Tama County Magistrate Appointing Commission chose Vander Mey last May for a four-year term replacing Chad Freese.

Vander Mey characterizes his selection "as something of a fluke." He said he had planned on quitting the county attorney's office at the end of 2009 or early in 2010 and applied for a magistrate post because the positions were open for appointment.

He said that "the biggest surprise for him in becoming a magistrate is "How much I didn't know and I've been a lawyer for 35 years." He credits fellow Tama County Magistrate Ann Kuhter, a non-lawyer, for his ease in transitioning to the bench.

"Ann knows the real 'nuts and bolts' of the court and just has been a great help to me."

With budget problems in state government affecting the judiciary, Vander Mey isn't hesitant to speak out. "To me, a partial solution is to turn the clerk of courts offices back over to the counties." He said the clerks, who would again stand for election, and citizens could then "direct how the offices are run." He also takes issue with the conduct of furlough days ordered by the Supreme Court.

Vander Mey said he is probably running counter to judicial orders to not hold court on the furlough days. However, he maintains anyone arrested is entitled to an initial appearance before a magistrate within 24 hours according to the Iowa code. Not holding court on furlough days would contradict this, he said. in fact, he said a drunken driving suspect would have spent more than just Christmas Eve in the Tama County jail he not conducted court.

He said the state government fund problems resulted in a $2,000 cut in his pay. "I'm not happy about that because I like money as much as the next guy. But, I'd rather take a nick in my salary than have taxes increased to cover it."

Of the magistrate job, Vander Mey said he finds himself in a position to actually help persons, particularly those before him for committal hearings. He said the person "may not appreciate have their liberties taken away" if they they are sent for treatment. But the person can realize some good from mental health care and their families also can be better off.

With the system of fines for violations, Vander Mey takes issue with the court costs assessed and 35 percent surcharges. He said, "This is a hidden tax on the people."

A native of Chicago's south side, Vander Mey received his undergraduate degree from Drake University, Des Moines, and law degree from the University of Minnesota.

He is now allowed to be in private practice again, as well. The full time county attorney position he held since 2000 restricted this. Prior to that he had a private practice in Nevada, Iowa, and in Tama County.

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