IN THE SUPREME COURT OF IOWA

No. 17–1539

Mahaska County No. CVEQ087132

ORDER IN RE THE DETENTION OF THOMAS G. RUTHERS JR. THOMAS G. RUTHERS JR., Respondent-Appellant.

The court, McDonald, J., taking no part, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2017).

Waterman, Mansfield, and Christensen, JJ., would affirm the judgment of the district court; Cady, C.J., and Wiggins and Appel, JJ., would reverse the judgment of the district court. See State v. Effler, 769 N.W.2d 880, 884 (Iowa 2009) (“[W]hen the supreme court is equally divided on an issue upon which the district court and court of appeals differ, the decision of the district court is affirmed by operation of law.”). Copies to: Michael H. Adams Spd - Special Defense Unit 401 East Court Avenue, Suite 150 Des Moines, IA 50319 Tyler Buller Assistant Attorney General Hoover Building, 2nd Floor Des Moines, IA 50319