SF 2394 (LSB 5211SV (1) 88)

SENATE FILE 2394

BY  COMMITTEE ON GOVERNMENT OVERSIGHT

(SUCCESSOR TO SSB 3098)

A BILL FOR

An Act relating to the custody and control of courthouses and to physical facilities provided by a city or county to the district court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.382, subsection 7, Code 2020, is amended to read as follows:
   7.  If a law library is provided in the county courthouse, judges of the district court of the county shall supervise and control the law library the board shall supervise and control the law library in a manner that aids judicial operations.
    Sec. 2.  Section 331.502, subsection 1, Code 2020, is amended to read as follows:
   1.  Have general custody and control of the courthouse, subject to the direction of the board.
    Sec. 3.  Section 602.1303, subsection 1, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  The physical facilities provided by a county or city pursuant to this subsection shall remain the sole property of the county or city, and shall be subject to the exclusive control of the county or city. The county or city shall provide physical security for, and shall control physical access to, such facilities in a manner that aids judicial operations. The county board of supervisors or the city council’s determination of the adequacy and reasonableness of the security and accessibility of the physical facilities shall be nonjusticiable, and a court shall not have jurisdiction to adjudicate such a dispute.
    Sec. 4.  Section 602.1303, subsection 8, Code 2020, is amended to read as follows:
   8.  If a county board of supervisors, with the approval of the supreme court, elects not to maintain space for the district court, the county may enter into an agreement with a contiguous county in the same judicial district to share the costs under subsections 1 through 7. For the purposes of this subsection, two counties are contiguous if they share a common boundary, including a corner.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the custody and control of courthouses and to physical facilities provided by a city or county to the district court. 
   Currently, the county auditor has general custody and control of the courthouse, subject to the direction of the county board of supervisors. The bill strikes the “general custody and control” provision and makes the county auditor the person who has custody and control of a courthouse, subject to the direction of the county board of supervisors. The bill provides that if a law library is provided in the county courthouse, the board of supervisors shall supervise and control the law library in a manner that aids judicial operations. 
   Currently, Code section 602.1303 provides that a county or city shall provide for the district court of the county with physical facilities, which in the judgment of the governing body are suitable for the district court. Furthermore, the Code section provides that if the county board of supervisors decides not to keep space for the district court, subject to the approval of the supreme court, the county may enter into an agreement with a contiguous county in the same judicial district to share costs in providing physical facilities for a district court. 
   The bill provides that the physical facilities remain the sole property of the county or city and shall be subject to the exclusive control of the county or city, and that the county or city shall provide physical security for, and shall control physical access to, such facilities in a manner that aids judicial operations. The bill provides that the county board of supervisors or the city council’s determination of the adequacy and reasonableness of the security and accessibility of the physical facilities shall be nonjusticiable, and that a court does not have jurisdiction to hear a matter involving the adequacy or reasonableness of the facilities. 
   The bill provides that a county board of supervisors does not need the approval of the supreme court to elect not to maintain court space and to enter into an agreement with a contiguous county to share court costs.