Klouda v. Sixth Judicial District Department of Correctional Services

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding the statute granting administrative law judges, who are part of the executive branch, the power to revoke probation violated article III, section 1 of the Iowa Constitution
• holding the statute granting administrative law judges, who are part of the executive branch, the power to revoke probation violated article III, section 1 of the Iowa Constitution
• striking down statute transferring power to revoke probation from legislative branch to executive branch
• noting: “The separation-of-powers doctrine is violated ‘if one branch of government purports to use powers that are clearly forbidden, or attempts to use powers granted by the constitution under another branch.’ ’’(internal citations omitted)
• noting: “The separation-of- powers doctrine is violated ‘if one branch of government purports to use powers that are clearly forbidden, or attempts to use powers granted by the constitution to another branch.’” (internal citation omitted)
• “Probation ‘relates to judicial action taken before the prison door is closed.’” (quoting State v. Wright, 202 N.W.2d 72, 76 (Iowa 1972))

Source: CourtListener parenthetical corpus (CC0).