A personal statement from
Jaysen McCleary, a native Iowan.
I believe court decisions kept me from coming home.
On November 3, I’m asking voters to vote no on keeping Joseph W. Seidlin, Scott J. Beattie, Celene M. Gogerty, Lawrence P. McLellan, Sarah E. Crane, and Coleman McAllister. These are the six judges on this ballot discussed below.
My concerns also include Chief Judge David M. Porter and David W. Nelmark—neither is on this ballot. In my account, decisions in my cases kept me from returning to Iowa to try to get on the ballot and meet voters.
I believe they got the facts wrong, blocked testimony, and failed to protect the rights of disabled lawyers. In my view, their decisions were intellectually dishonest.
— Jaysen McCleary
Judges are on the ballot, too.
On November 3, I’m asking voters to vote no on keeping these six judges.
Polk County · Judicial District 5C
Merriam-Webster defines corruption, in sense 1a, as:
“dishonest or illegal behavior especially by powerful people (such as government officials or police officers)”
Read the Merriam-Webster definition ↗
I use “judicial corruption” in that sense: what I believe is dishonest use of judicial power. In my view, getting the facts wrong, blocking testimony, and failing to protect people’s rights deserve public scrutiny. Read the records below and judge for yourself.
My billboard says: “Letting Des Moines and the ARL kill dogs unconstitutionally.” I believe dog owners were denied a fair chance to challenge the seizure and killing of their dogs. These are cases and emails behind my criticism.
The Eighth Circuit recorded that the family’s dog was euthanized three days before a trial seeking its safe return. The dog had been declared dangerous after biting two children.
Read the July 15, 2019 court opinion ↗
The case had been sent back to state court. The 2019 appeal addressed attorney fees, sanctions, sealing, and recusal. It did not decide that the dog’s killing was unconstitutional.
The Iowa Court of Appeals described the City taking all four dogs after an allegation that one had bitten someone. After quarantine, the dogs were transferred to the ARL, which refused to return them. The City said Pesce had not promptly retrieved them.
In an April 6, 2016 email, ARL attorney Jason M. Casini argued that no appeal was available under the City Code and that there was no basis for a stay under section 3-12. I challenged that position and asked whether all four dogs were still alive.
Read Casini’s email exchange →Read the August 1, 2018 court opinion ↗
The Court of Appeals upheld the district court’s handling of the seized-property claims and its sanctions ruling. I disagree with the handling of these cases; this opinion is not a finding that the City or ARL acted unconstitutionally.
On August 2, 2018, Casini wrote that the ARL was on “stand by,” waiting for the City’s direction to proceed. City attorney John Haraldson then wrote that the City had directed Diesel to be euthanized. I objected that a stay and appeal rights still protected the dog. Casini disputed that a stay remained in effect.
The Court of Appeals later recorded that the ARL euthanized Diesel two days after the July 2018 ruling denying Bela’s pending motions.
Read the City–ARL email exchange →Read the January 23, 2020 court opinion ↗
The 2020 appeal concerned sanctions against Bela and its attorney. The court reversed the denial of sanctions and sent the case back for further proceedings. The opinion also records that the request to hold the City and ARL in contempt had been denied. My constitutional criticism is my position, not a holding in this opinion.
The court opinions and email exchanges show the events, the competing positions, and the rulings. My conclusion that these events reflect constitutional violations is my view.
These are the ideas I wanted to bring home and discuss with Iowa voters.
I want mental health education required alongside reading, math, and science. Every child should learn how to handle strong feelings, solve conflicts, think clearly, and treat others with respect.
Public officials who deliberately abuse their power should answer to a jury. I want to end immunity for malicious acts, corruption, retaliation, and knowingly making up facts.
I propose substantial fines when a jury finds that a media organization published a false statement of fact and knew it was false. Criticism, opinions, and honest mistakes must remain protected.
Raise pay for the people we trust to teach our children, apply the law, and decide cases. Jury service should not leave people unable to pay their bills.
Create an independent body to investigate abuse of public power. Protect and reward people who prove wrongdoing, and hold the investigators to the same standards.
Review cases involving wrongful convictions, hidden or made-up evidence, and unfair sentences. Protect people whose rights have been denied.
Animals cannot vote or speak for themselves. I want stronger protections and real accountability for those entrusted with their care.
Iowa polls are open
7 a.m. to 8 p.m. Central time.
Official information from the Iowa Secretary of State.
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