Hubert Utterback - Judicial Service

Judicial Service

As a judge, he first served on the police court of Des Moines from 1912 to 1914, and was then elevated to the Ninth Iowa Judicial District, serving from 1915 to 1927.

According to the Iowa Supreme Court's biography of Utterback, he "served on the Iowa Supreme Court from December 5, 1932, when he was issued a certificate of election to fill a supposed vacancy, until April 16, 1933, when it was judicially determined that no vacancy on the court had existed, and therefore his election to the Supreme Court was a nullity." The episode began when Iowa Supreme Court Justice E. A. Morling died less than one month before the 1932 general election, and a controversy arose about whether a seat could become open to an election so close to the general election's date (or whether, conversely, no vacancy could exist until the scheduled completion of Morling's term several years later). Republican George Claussen was appointed to replace Morling and began to serve on the Court. However, the seat was added to the general election ballot, with the Republican Party nominating Claussen and the Democratic Party nominating Utterback. Utterback outpolled Claussen, received a certificate of election, and began to serve in Claussen's place. However, a legal challenge to his election succeeded, when a trial court judge concluded that the seat had not been open to election, ordered Claussen reinstated, and the Iowa Supreme Court upheld the ruling.