An Iowa judge was arrested on two felony charges Wednesday, one day after voters approved keeping her on the bench.
District Associate Judge Lynn Poschner faces homicide by vehicle and serious injury by vehicle charges following a collision with pedestrians.
Court documents allege the 45-year-old was looking at her phone before striking the victims in Urbandale on Sept. 25.
One pedestrian, 60-year-old Urbandale resident Jasmira Kadic, died Oct. 28 from injuries sustained in the crash.
The other person was seriously injured, and no updated information about that victim’s condition was included in the supplied account.
Poschner was booked into the Polk County Jail on Wednesday, after Tuesday’s vote granting her another six-year judicial term.
Documents posted Thursday show that her $15,000 cash bond was paid, with a bail bond appearance scheduled for Nov. 11.
The criminal complaint places the collision in the 4300 block of 86th Street, where the two pedestrians were crossing.
Poschner was driving a 2016 Honda CRV when the vehicle struck them, according to the court documents.
Police said emergency medical personnel transported both victims to a hospital in critical condition following the collision.
Kadic’s death came more than a month later, transforming the September incident into a case involving a fatality.
According to the complaint, Poschner told officers she had not seen the pedestrians before hitting them.
She also told police she had been using her phone and looking down at its screen before the impact.
Investigators subsequently examined the device, with the complaint describing evidence that its screen was unlocked just before the collision.
Iowa Public Radio reported that Poschner told police she tapped her phone to adjust audio playing through her vehicle.
That account makes the alleged distraction a central element of the case prosecutors will now pursue.
The homicide by vehicle charge is a Class C felony, while serious injury by vehicle is a Class D felony.
Both charges involve allegations of reckless driving, according to Iowa Public Radio’s reporting on the complaint.
The arrest’s timing placed the criminal case immediately alongside an election in which voters had just renewed confidence in Poschner.
Nearly 69% approved retaining her, according to unofficial election results cited by Iowa Public Radio.
Her position is District 5C associate judge, serving Polk County within Iowa’s judicial system.
The Iowa Judicial Branch says Poschner is taking time off and her pending juvenile cases are being reassigned.
The prosecution has also moved outside the local county attorney’s office because of concerns about a potential conflict of interest.
The Polk County Attorney’s Office said the Iowa Attorney General’s Office will handle the case, according to Iowa Public Radio.
That arrangement places responsibility for the prosecution with state attorneys as proceedings advance against a sitting local judge.
The court case and reassignment of judicial work now proceed after voters authorized a new term through Iowa’s retention system.
Unlike a contested race between candidates, a retention election asks voters whether an existing judge should remain in office.
Judges do not have opponents in those elections, according to the Iowa Judicial Branch’s explanation of the process.
A majority of yes votes allows a judge to serve another full term, with district associate judges serving six-year terms.
Iowa adopted its nonpartisan merit selection and retention system through a constitutional amendment approved by voters in 1962.
The system emphasizes professional qualifications and judicial competency, followed by periodic decisions from voters about keeping judges in office.
Poschner joined the bench in May 2018, according to her official biography on the Iowa Judicial Branch website.
She earned her degree from the University of Northern Iowa in 2003 and graduated from Drake Law School in 2007, WHO Des Moines reported.
Her judicial biography lists high honors at Drake and experience in private practice before her appointment.
This article may contain commentary which reflects the author’s opinion.
