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House Study Bill 250 - IntroducedA Bill ForAn Act 1relating to the judicial branch, including
2appropriations to the judicial branch, apportionment of
3district associate judges, video recordings, noncontract
4attorney appointment, and contracting authority.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2023-2024 APPROPRIATIONS
3 Section 1. JUDICIAL BRANCH.
41. There is appropriated from the general fund of the state
5to the judicial branch for the fiscal year beginning July 1,
62023, and ending June 30, 2024, the following amounts, or so
7much thereof as is necessary, to be used for the purposes
8designated:
9a. For salaries of supreme court justices, appellate court
10judges, district court judges, district associate judges,
11associate juvenile judges, associate probate judges, judicial
12magistrates and staff, state court administrator, clerk of
13the supreme court, district court administrators, clerks of
14the district court, juvenile court officers, board of law
15examiners, board of examiners of shorthand reporters, and
16commission on judicial qualifications; receipt and disbursement
17of child support payments; reimbursement of the auditor
18of state for expenses incurred in completing audits of the
19offices of the clerks of the district court during the fiscal
20year beginning July 1, 2023; and maintenance, equipment, and
21miscellaneous purposes:
.................................................. $22194,469,897
23(1) Of the moneys appropriated in this lettered paragraph,
24no more than $250,000 is allocated for reimbursement to the
25indigent defense fund created in section 815.11 for travel
26time claims as required under section 815.7A, subsection
272, if enacted by a 2023 Iowa Act relating to and making
28appropriations to the justice system.
29(2) From the moneys appropriated in this lettered
30paragraph, the judicial branch shall fund the appointment of
31four new district associate judge positions and the associated
32support staff.
33b. For deposit in the revolving fund created pursuant to
34section 602.1302, subsection 3, for jury and witness fees,
35mileage, costs related to summoning jurors, costs and fees for
-1-1interpreters and translators, and reimbursement of attorney
2fees paid by the state public defender:
.................................................. $33,600,000
4c. For payment of expenses for court-ordered services
5provided to juveniles who are under the supervision of juvenile
6court services, which expenses are a charge upon the state
7pursuant to section 232.141, subsection 4:
.................................................. $83,290,000
9(1) Of the moneys appropriated in this lettered paragraph,
10no more than $1,556,000 is allocated to provide school-based
11supervision of children under chapter 232, of which no more
12than $15,000 may be used for purposes of training. A portion
13of the cost of each school-based liaison officer shall be paid
14by the school district or other funding source as approved by
15the chief juvenile court officer.
16(2) Of the moneys appropriated in this lettered paragraph,
17no more than $748,000 is allocated for the payment of expenses
18for court-ordered services provided to children who are under
19the supervision of the department of health and human services,
20which expenses are a charge upon the state pursuant to section
21232.141, subsection 4.
22(3) Notwithstanding section 232.141 or any other provision
23of law to the contrary, the moneys appropriated in this
24lettered paragraph shall be distributed to the judicial
25districts as determined by the state court administrator. The
26state court administrator shall make the determination of the
27distribution amounts on or before June 15, 2023.
28(4) Notwithstanding chapter 232 or any other provision of
29law to the contrary, a district or juvenile court shall not
30order any service which is a charge upon the state pursuant
31to section 232.141 if there are insufficient court-ordered
32services moneys available in the district court distribution
33amounts to pay for the service. The chief juvenile court
34officer shall encourage use of the moneys appropriated in this
35lettered paragraph such that there are sufficient moneys to pay
-2-1for all court-ordered services during the entire fiscal year.
2The chief juvenile court officer shall attempt to anticipate
3potential surpluses and shortfalls in the distribution amounts
4and shall cooperatively request the state court administrator
5to transfer moneys between the judicial districts’ distribution
6amounts as prudent.
7(5) Notwithstanding any provision of law to the contrary,
8a district or juvenile court shall not order a county to pay
9for any service provided to a juvenile pursuant to an order
10entered under chapter 232 which is a charge upon the state
11under section 232.141, subsection 4.
12(6) Of the moneys appropriated in this lettered paragraph,
13no more than $83,000 may be used by the judicial branch
14for administration of the requirements under this lettered
15paragraph.
16(7) Of the moneys appropriated in this lettered paragraph,
17$23,000 is allocated to the judicial branch to support the
18interstate commission for juveniles in accordance with the
19interstate compact for juveniles as provided in section
20232.173.
21d. For juvenile justice delinquency prevention pursuant to
22section 232.192, if enacted by 2023 Iowa Acts, Senate File 285
23or House File 699, or if not enacted, for juvenile delinquent
24graduated sanctions services pursuant to section 232.192, as
25enacted by 2022 Iowa Acts, chapter 1098, section 70:
.................................................. $2612,253,000
27Any state moneys saved as a result of efforts by juvenile
28court services to earn a federal fund match pursuant to Tit.
29IV-E of the federal Family First Prevention Services Act
30of 2018, Pub.L.No.115-123, for juvenile court services
31administration is appropriated to the judicial branch for
32purposes of this lettered paragraph.
332. The judicial branch, except for purposes of internal
34processing, shall use the current state budget system, the
35state payroll system, and the Iowa finance and accounting
-3-1system in administration of programs and payments for services,
2and shall not duplicate the state payroll, accounting, and
3budgeting systems.
43. The judicial branch shall submit monthly financial
5statements to the legislative services agency and the
6department of management containing all appropriated accounts
7in the same manner as provided in the monthly financial status
8reports and personal services usage reports of the department
9of administrative services. The monthly financial statements
10shall include a comparison of the dollars and percentage
11spent of budgeted versus actual revenues and expenditures on
12a cumulative basis for full-time equivalent positions and
13dollars.
144. The judicial branch shall focus efforts upon the
15collection of delinquent fines, penalties, court costs, fees,
16surcharges, or similar amounts.
175. It is the intent of the general assembly that the offices
18of the clerks of the district court operate in all 99 counties
19and be accessible to the public as much as is reasonably
20possible in order to address the relative needs of the citizens
21of each county. An office of the clerk of the district court
22shall be open regular courthouse hours.
236. In addition to the requirements for transfers under
24section 8.39, the judicial branch shall not change the
25appropriations from the amounts appropriated to the judicial
26branch in this division of this Act, unless notice of the
27revisions is given to the legislative services agency prior
28to the effective date. The notice shall include information
29on the judicial branch’s rationale for making the changes and
30details concerning the workload and performance measures upon
31which the changes are based.
327. The judicial branch shall submit a semiannual update
33to the legislative services agency specifying the amounts of
34fines, surcharges, and court costs collected using the Iowa
35court information system since the last report. The judicial
-4-1branch shall continue to facilitate the sharing of vital
2sentencing and other information with other state departments
3and governmental agencies involved in the criminal justice
4system through the Iowa court information system.
58. The judicial branch shall provide a report to the general
6assembly by January 1, 2024, concerning the amounts received
7and expended from the court technology and modernization fund
8created in section 602.8108, subsection 7, during the fiscal
9year beginning July 1, 2022, and ending June 30, 2023, and the
10plans for expenditures from each fund during the fiscal year
11beginning July 1, 2023, and ending June 30, 2024.
12 Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
13provision to the contrary, for the fiscal year beginning July
141, 2023, and ending June 30, 2024, if all parties in a case
15agree, a civil trial including a jury trial may take place in a
16county contiguous to the county with proper jurisdiction, even
17if the contiguous county is located in an adjacent judicial
18district or judicial election district. If the trial is moved
19pursuant to this section, court personnel shall treat the case
20as if a change of venue occurred.
21 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
22602.1509, for the fiscal year beginning July 1, 2023, and
23ending June 30, 2024, a judicial officer may waive travel
24reimbursement for any travel outside the judicial officer’s
25county of residence to conduct official judicial business.
26 Sec. 4. JUDICIAL OFFICER — UNPAID LEAVE. Notwithstanding
27the annual salary rates for judicial officers established by
282022 Iowa Acts, chapter 1145, section 6, for the fiscal year
29beginning July 1, 2023, and ending June 30, 2024, the supreme
30court may by order place all judicial officers on unpaid leave
31status on any day employees of the judicial branch are placed
32on temporary layoff status. The biweekly pay of the judicial
33officers shall be reduced accordingly for the pay period in
34which the unpaid leave date occurred in the same manner as
35for noncontract employees of the judicial branch. Through
-5-1the course of the fiscal year, the judicial branch may use an
2amount equal to the aggregate amount of salary reductions due
3to the judicial officer unpaid leave days for any purpose other
4than for judicial salaries.
5 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
6of the general assembly that the judicial branch utilize
7the Iowa communications network or other secure electronic
8communications in lieu of traveling for the fiscal year
9beginning July 1, 2023, and ending June 30, 2024.
10DIVISION II
11Apportionment of district Associate Judges
12 Sec. 6. Section 602.6301, Code 2023, is amended to read as
13follows:
14602.6301 Number and apportionment of district associate
15judges.
161. There shall be one district associate judge in counties
17having a population of more than thirty-five thousand and less
18than eighty thousand; two in counties having a population of
19eighty thousand or more and less than one hundred twenty-five
20thousand; three in counties having a population of one
21hundred twenty-five thousand or more and less than one hundred
22seventy thousand; four in counties having a population of one
23hundred seventy thousand or more and less than two hundred
24fifteen thousand; five in counties having a population of two
25hundred fifteen thousand or more and less than two hundred
26sixty thousand; six in counties having a population of two
27hundred sixty thousand or more and less than three hundred
28five thousand; seven in counties having a population of three
29hundred five thousand or more and less than three hundred
30fifty thousand; eight in counties having a population of three
31hundred fifty thousand or more and less than three hundred
32ninety-five thousand; nine in counties having a population of
33three hundred ninety-five thousand or more and less than four
34hundred forty thousand; ten in counties having a population of
35four hundred forty thousand or more and less than four hundred
-6-1eighty-five thousand; and one additional judge for every
2population increment of thirty-five thousand which is over
3four hundred eighty-five thousand in such counties. However,
4a county shall not lose a district associate judgeship solely
5because of a reduction in the county’s population. If the
6formula provided in this section results in the allocation
7of an additional district associate judgeship to a county,
8implementation of the allocation shall be subject to prior
9approval of the supreme court and availability of funds to the
10judicial branch. The supreme court shall prescribe, subject
11to the restrictions of this section, a formula to determine
12the number of district associate judges who will serve in each
13judicial election district. The formula shall be based upon
14a model that measures and applies an estimated case-related
15workload formula of judicial officers, and shall account for
16administrative duties, travel time, and other judicial duties
17not related to a specific case. A district associate judge
18appointed pursuant to section 602.6302 or 602.6307 shall not
19be counted for purposes of this section and the reduction of
20a district associate judge pursuant to section 602.6303 also
21shall not be counted for purposes of this section.
222. For purposes of this section, “vacancy” means the death,
23resignation, retirement, or removal of a district associate
24judge, or the failure of a district associate judge to be
25retained in office at the judicial election, or an increase in
26judgeships under the formula prescribed in subsection 1.
273. In those judicial election districts having more
28district associate judges than the number of judgeships
29specified by the formula prescribed in subsection 1, vacancies
30shall not be filled.
314. In those judicial election districts having fewer or
32the same number of district associate judges as the number of
33judgeships specified by the formula prescribed in subsection 1,
34vacancies shall be filled as the vacancies occur.
355. In those judicial districts that contain more than one
-7-1judicial election district, a vacancy in a judicial election
2district shall not be filled if the total number of district
3associate judges in all judicial election districts within
4the judicial district equals or exceeds the aggregate number
5of judgeships to which all of the judicial election districts
6of the judicial district are authorized by the formula in
7subsection 1.
86. An incumbent district associate judge shall not be
9removed from office because of a reduction in the number of
10authorized judgeships specified by the formula prescribed in
11subsection 1.
12DIVISION III
13video recordings
14 Sec. 7. Section 602.3205, Code 2023, is amended to read as
15follows:
16602.3205 Audio and video recordings.
171. Except as provided in subsection 2 or 3, a certified
18shorthand reporter’s audio and video recordings used solely
19for the purpose of providing a verbatim written transcript of
20a court proceeding or a proceeding conducted in anticipation
21of use in a court proceeding shall be considered the personal
22property and private work product of the certified shorthand
23reporter.
242. An audio or video recording of a certified shorthand
25reporter appointed under section 602.6603 shall be provided to
26the presiding judge or chief judge for an in camera review upon
27court order for good cause shown.
283. a. An audio or video recording of a certified shorthand
29reporter shall be provided to the board upon request by the
30board if a disciplinary proceeding is pending regarding the
31certified shorthand reporter who is a respondent under the
32provisions of section 602.3203 or the rules of the board of
33examiners of shorthand reporters, Iowa court rules, ch.46.
34b. The audio and video recordings provided to the board
35pursuant to this subsection shall be kept confidential by the
-8-1board in a manner as provided in section 272C.6, subsection 4.
2DIVISION IV
3NONCONTRACT ATTORNEY APPOINTMENT
4 Sec. 8. NONCONTRACT ATTORNEY APPOINTMENT. For the fiscal
5year beginning July 1, 2023, and ending June 30, 2024, a court
6shall not appoint a noncontract attorney under section 815.10,
7subsection 3, without the noncontract attorney’s consent.
8DIVISION V
9Contracting authority
10 Sec. 9. NEW SECTION. 602.1209A State court administrator
11may contractually limit vendor liability.
121. The state court administrator may authorize the
13procurement of goods and services in which a contractual
14limitation of vendor liability is provided for and set forth in
15the documents initiating the procurement.
162. a. The state court administrator shall consider all of
17the following criteria when determining whether to permit a
18contractual limitation of vendor liability with regard to any
19procurement of goods or services:
20(1) Whether authorizing a contractual limitation of vendor
21liability is necessary to prevent harm to the state from
22a failure to obtain the goods or services sought, or from
23obtaining the goods or services at a higher price if the state
24refuses to allow a contractual limitation of vendor liability.
25(2) Whether the contractual limitation of vendor liability
26is commercially reasonable when taking into account any risk to
27the state created by the goods or services to be procured and
28the purpose for which they will be used.
29b. The state court administrator may consider additional
30criteria.
313. Notwithstanding subsection 1, a contractual limitation
32of vendor liability shall not include any limitation on the
33liability of any vendor for intentional torts, criminal acts,
34or fraudulent conduct.
35EXPLANATION
-9-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill relates to the judicial branch.
4FY 2023-2024 APPROPRIATIONS. The bill appropriates moneys
5from the general fund of the state for FY 2023-2024 to the
6judicial branch for salaries, receipt and disbursement of
7child support payments, reimbursement of the auditor of state,
8maintenance, equipment, miscellaneous purposes, deposit in the
9revolving fund created pursuant to Code section 602.1302(3) for
10certain purposes, payment of court-ordered juvenile services,
11and juvenile delinquent programs and services.
12The bill provides that a civil trial including a jury trial
13may take place in a county contiguous to the county with proper
14jurisdiction, even if the contiguous county is located in an
15adjacent judicial district or judicial election district, if
16all the parties in a case agree. If a trial is moved to another
17county that is located in another judicial district or judicial
18election district, the judicial officers serving the judicial
19district or judicial election district receiving the case shall
20preside over the case.
21The bill permits a judicial officer to waive travel
22reimbursement for any travel outside the judicial officer’s
23county of residence to conduct official business.
24The bill allows a judicial officer to be placed on unpaid
25leave on any day a court employee is required to furlough.
26The bill provides that if a judicial officer is placed on
27unpaid leave, the salary of the judicial officer shall be
28reduced accordingly for the pay period in which the unpaid
29leave occurred. The bill provides that the judicial branch
30may use an amount equal to the aggregate amount of the salary
31reductions due to judicial officer unpaid leave for any purpose
32other than judicial salaries.
33The bill states legislative intent that the judicial
34branch utilize the Iowa communications network or other secure
35electronic communications in lieu of traveling.
-10- 1APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES. The bill
2provides for a new formula to be prescribed by the Iowa supreme
3court for apportioning district associate judges based upon
4a weighted workload. Under current law, district associate
5judges are apportioned based upon county population.
6The bill provides that in judicial election districts
7that currently have more district associate judges than the
8new formula prescribes, vacancies shall not be filled, while
9districts having fewer or the same shall fill vacancies as
10they occur. In judicial districts that contain more than one
11judicial election district, a vacancy in a judicial election
12district shall not be filled if the total number of district
13associate judges in all judicial election districts within
14the judicial district equals or exceeds the aggregate number
15of judgeships to which all of the judicial election districts
16of the judicial district are authorized. Incumbents shall
17not be removed because of a reduction in number of authorized
18judgeships.
19VIDEO RECORDINGS. The bill adds video recordings to
20Code section 602.3205 (certified shorthand reporter audio
21recordings). The bill provides that a certified shorthand
22reporter’s audio and video recordings used solely for the
23purpose of providing a verbatim written transcript of a court
24proceeding or a proceeding conducted in anticipation of use in
25a court proceeding shall be considered the personal property
26and private work product of the certified shorthand reporter,
27except that an audio or video recording of a certified
28shorthand reporter shall be provided to the presiding judge
29or chief judge for an in camera review upon court order
30for good cause shown and an audio or video recording of a
31certified shorthand reporter shall be provided to the board of
32examiners of shorthand reporters upon request by the board if
33a disciplinary proceeding is pending regarding the certified
34shorthand reporter.
35NONCONTRACT ATTORNEY APPOINTMENT. For FY 2023-2024, the
-11-1bill prohibits a court from appointing a noncontract attorney
2under Code section 815.10(3) without the attorney’s consent.
3CONTRACTING AUTHORITY. The bill allows the state court
4administrator to enter into contracts with vendors that include
5limitations of liability for the vendors, after considering
6certain criteria set forth in the bill. However, the bill
7prohibits limitations of liability for any intentional torts,
8criminal acts, or fraudulent conduct by the vendor.
-12-cm/ns
2appropriations to the judicial branch, apportionment of
3district associate judges, video recordings, noncontract
4attorney appointment, and contracting authority.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2023-2024 APPROPRIATIONS
3 Section 1. JUDICIAL BRANCH.
41. There is appropriated from the general fund of the state
5to the judicial branch for the fiscal year beginning July 1,
62023, and ending June 30, 2024, the following amounts, or so
7much thereof as is necessary, to be used for the purposes
8designated:
9a. For salaries of supreme court justices, appellate court
10judges, district court judges, district associate judges,
11associate juvenile judges, associate probate judges, judicial
12magistrates and staff, state court administrator, clerk of
13the supreme court, district court administrators, clerks of
14the district court, juvenile court officers, board of law
15examiners, board of examiners of shorthand reporters, and
16commission on judicial qualifications; receipt and disbursement
17of child support payments; reimbursement of the auditor
18of state for expenses incurred in completing audits of the
19offices of the clerks of the district court during the fiscal
20year beginning July 1, 2023; and maintenance, equipment, and
21miscellaneous purposes:
.................................................. $22194,469,897
23(1) Of the moneys appropriated in this lettered paragraph,
24no more than $250,000 is allocated for reimbursement to the
25indigent defense fund created in section 815.11 for travel
26time claims as required under section 815.7A, subsection
272, if enacted by a 2023 Iowa Act relating to and making
28appropriations to the justice system.
29(2) From the moneys appropriated in this lettered
30paragraph, the judicial branch shall fund the appointment of
31four new district associate judge positions and the associated
32support staff.
33b. For deposit in the revolving fund created pursuant to
34section 602.1302, subsection 3, for jury and witness fees,
35mileage, costs related to summoning jurors, costs and fees for
-1-1interpreters and translators, and reimbursement of attorney
2fees paid by the state public defender:
.................................................. $33,600,000
4c. For payment of expenses for court-ordered services
5provided to juveniles who are under the supervision of juvenile
6court services, which expenses are a charge upon the state
7pursuant to section 232.141, subsection 4:
.................................................. $83,290,000
9(1) Of the moneys appropriated in this lettered paragraph,
10no more than $1,556,000 is allocated to provide school-based
11supervision of children under chapter 232, of which no more
12than $15,000 may be used for purposes of training. A portion
13of the cost of each school-based liaison officer shall be paid
14by the school district or other funding source as approved by
15the chief juvenile court officer.
16(2) Of the moneys appropriated in this lettered paragraph,
17no more than $748,000 is allocated for the payment of expenses
18for court-ordered services provided to children who are under
19the supervision of the department of health and human services,
20which expenses are a charge upon the state pursuant to section
21232.141, subsection 4.
22(3) Notwithstanding section 232.141 or any other provision
23of law to the contrary, the moneys appropriated in this
24lettered paragraph shall be distributed to the judicial
25districts as determined by the state court administrator. The
26state court administrator shall make the determination of the
27distribution amounts on or before June 15, 2023.
28(4) Notwithstanding chapter 232 or any other provision of
29law to the contrary, a district or juvenile court shall not
30order any service which is a charge upon the state pursuant
31to section 232.141 if there are insufficient court-ordered
32services moneys available in the district court distribution
33amounts to pay for the service. The chief juvenile court
34officer shall encourage use of the moneys appropriated in this
35lettered paragraph such that there are sufficient moneys to pay
-2-1for all court-ordered services during the entire fiscal year.
2The chief juvenile court officer shall attempt to anticipate
3potential surpluses and shortfalls in the distribution amounts
4and shall cooperatively request the state court administrator
5to transfer moneys between the judicial districts’ distribution
6amounts as prudent.
7(5) Notwithstanding any provision of law to the contrary,
8a district or juvenile court shall not order a county to pay
9for any service provided to a juvenile pursuant to an order
10entered under chapter 232 which is a charge upon the state
11under section 232.141, subsection 4.
12(6) Of the moneys appropriated in this lettered paragraph,
13no more than $83,000 may be used by the judicial branch
14for administration of the requirements under this lettered
15paragraph.
16(7) Of the moneys appropriated in this lettered paragraph,
17$23,000 is allocated to the judicial branch to support the
18interstate commission for juveniles in accordance with the
19interstate compact for juveniles as provided in section
20232.173.
21d. For juvenile justice delinquency prevention pursuant to
22section 232.192, if enacted by 2023 Iowa Acts, Senate File 285
23or House File 699, or if not enacted, for juvenile delinquent
24graduated sanctions services pursuant to section 232.192, as
25enacted by 2022 Iowa Acts, chapter 1098, section 70:
.................................................. $2612,253,000
27Any state moneys saved as a result of efforts by juvenile
28court services to earn a federal fund match pursuant to Tit.
29IV-E of the federal Family First Prevention Services Act
30of 2018, Pub.L.No.115-123, for juvenile court services
31administration is appropriated to the judicial branch for
32purposes of this lettered paragraph.
332. The judicial branch, except for purposes of internal
34processing, shall use the current state budget system, the
35state payroll system, and the Iowa finance and accounting
-3-1system in administration of programs and payments for services,
2and shall not duplicate the state payroll, accounting, and
3budgeting systems.
43. The judicial branch shall submit monthly financial
5statements to the legislative services agency and the
6department of management containing all appropriated accounts
7in the same manner as provided in the monthly financial status
8reports and personal services usage reports of the department
9of administrative services. The monthly financial statements
10shall include a comparison of the dollars and percentage
11spent of budgeted versus actual revenues and expenditures on
12a cumulative basis for full-time equivalent positions and
13dollars.
144. The judicial branch shall focus efforts upon the
15collection of delinquent fines, penalties, court costs, fees,
16surcharges, or similar amounts.
175. It is the intent of the general assembly that the offices
18of the clerks of the district court operate in all 99 counties
19and be accessible to the public as much as is reasonably
20possible in order to address the relative needs of the citizens
21of each county. An office of the clerk of the district court
22shall be open regular courthouse hours.
236. In addition to the requirements for transfers under
24section 8.39, the judicial branch shall not change the
25appropriations from the amounts appropriated to the judicial
26branch in this division of this Act, unless notice of the
27revisions is given to the legislative services agency prior
28to the effective date. The notice shall include information
29on the judicial branch’s rationale for making the changes and
30details concerning the workload and performance measures upon
31which the changes are based.
327. The judicial branch shall submit a semiannual update
33to the legislative services agency specifying the amounts of
34fines, surcharges, and court costs collected using the Iowa
35court information system since the last report. The judicial
-4-1branch shall continue to facilitate the sharing of vital
2sentencing and other information with other state departments
3and governmental agencies involved in the criminal justice
4system through the Iowa court information system.
58. The judicial branch shall provide a report to the general
6assembly by January 1, 2024, concerning the amounts received
7and expended from the court technology and modernization fund
8created in section 602.8108, subsection 7, during the fiscal
9year beginning July 1, 2022, and ending June 30, 2023, and the
10plans for expenditures from each fund during the fiscal year
11beginning July 1, 2023, and ending June 30, 2024.
12 Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
13provision to the contrary, for the fiscal year beginning July
141, 2023, and ending June 30, 2024, if all parties in a case
15agree, a civil trial including a jury trial may take place in a
16county contiguous to the county with proper jurisdiction, even
17if the contiguous county is located in an adjacent judicial
18district or judicial election district. If the trial is moved
19pursuant to this section, court personnel shall treat the case
20as if a change of venue occurred.
21 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
22602.1509, for the fiscal year beginning July 1, 2023, and
23ending June 30, 2024, a judicial officer may waive travel
24reimbursement for any travel outside the judicial officer’s
25county of residence to conduct official judicial business.
26 Sec. 4. JUDICIAL OFFICER — UNPAID LEAVE. Notwithstanding
27the annual salary rates for judicial officers established by
282022 Iowa Acts, chapter 1145, section 6, for the fiscal year
29beginning July 1, 2023, and ending June 30, 2024, the supreme
30court may by order place all judicial officers on unpaid leave
31status on any day employees of the judicial branch are placed
32on temporary layoff status. The biweekly pay of the judicial
33officers shall be reduced accordingly for the pay period in
34which the unpaid leave date occurred in the same manner as
35for noncontract employees of the judicial branch. Through
-5-1the course of the fiscal year, the judicial branch may use an
2amount equal to the aggregate amount of salary reductions due
3to the judicial officer unpaid leave days for any purpose other
4than for judicial salaries.
5 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
6of the general assembly that the judicial branch utilize
7the Iowa communications network or other secure electronic
8communications in lieu of traveling for the fiscal year
9beginning July 1, 2023, and ending June 30, 2024.
10DIVISION II
11Apportionment of district Associate Judges
12 Sec. 6. Section 602.6301, Code 2023, is amended to read as
13follows:
14602.6301 Number and apportionment of district associate
15judges.
161. There shall be one district associate judge in counties
17having a population of more than thirty-five thousand and less
18than eighty thousand; two in counties having a population of
19eighty thousand or more and less than one hundred twenty-five
20thousand; three in counties having a population of one
21hundred twenty-five thousand or more and less than one hundred
22seventy thousand; four in counties having a population of one
23hundred seventy thousand or more and less than two hundred
24fifteen thousand; five in counties having a population of two
25hundred fifteen thousand or more and less than two hundred
26sixty thousand; six in counties having a population of two
27hundred sixty thousand or more and less than three hundred
28five thousand; seven in counties having a population of three
29hundred five thousand or more and less than three hundred
30fifty thousand; eight in counties having a population of three
31hundred fifty thousand or more and less than three hundred
32ninety-five thousand; nine in counties having a population of
33three hundred ninety-five thousand or more and less than four
34hundred forty thousand; ten in counties having a population of
35four hundred forty thousand or more and less than four hundred
-6-1eighty-five thousand; and one additional judge for every
2population increment of thirty-five thousand which is over
3four hundred eighty-five thousand in such counties. However,
4a county shall not lose a district associate judgeship solely
5because of a reduction in the county’s population. If the
6formula provided in this section results in the allocation
7of an additional district associate judgeship to a county,
8implementation of the allocation shall be subject to prior
9approval of the supreme court and availability of funds to the
10judicial branch. The supreme court shall prescribe, subject
11to the restrictions of this section, a formula to determine
12the number of district associate judges who will serve in each
13judicial election district. The formula shall be based upon
14a model that measures and applies an estimated case-related
15workload formula of judicial officers, and shall account for
16administrative duties, travel time, and other judicial duties
17not related to a specific case. A district associate judge
18appointed pursuant to section 602.6302 or 602.6307 shall not
19be counted for purposes of this section and the reduction of
20a district associate judge pursuant to section 602.6303 also
21shall not be counted for purposes of this section.
222. For purposes of this section, “vacancy” means the death,
23resignation, retirement, or removal of a district associate
24judge, or the failure of a district associate judge to be
25retained in office at the judicial election, or an increase in
26judgeships under the formula prescribed in subsection 1.
273. In those judicial election districts having more
28district associate judges than the number of judgeships
29specified by the formula prescribed in subsection 1, vacancies
30shall not be filled.
314. In those judicial election districts having fewer or
32the same number of district associate judges as the number of
33judgeships specified by the formula prescribed in subsection 1,
34vacancies shall be filled as the vacancies occur.
355. In those judicial districts that contain more than one
-7-1judicial election district, a vacancy in a judicial election
2district shall not be filled if the total number of district
3associate judges in all judicial election districts within
4the judicial district equals or exceeds the aggregate number
5of judgeships to which all of the judicial election districts
6of the judicial district are authorized by the formula in
7subsection 1.
86. An incumbent district associate judge shall not be
9removed from office because of a reduction in the number of
10authorized judgeships specified by the formula prescribed in
11subsection 1.
12DIVISION III
13video recordings
14 Sec. 7. Section 602.3205, Code 2023, is amended to read as
15follows:
16602.3205 Audio and video recordings.
171. Except as provided in subsection 2 or 3, a certified
18shorthand reporter’s audio and video recordings used solely
19for the purpose of providing a verbatim written transcript of
20a court proceeding or a proceeding conducted in anticipation
21of use in a court proceeding shall be considered the personal
22property and private work product of the certified shorthand
23reporter.
242. An audio or video recording of a certified shorthand
25reporter appointed under section 602.6603 shall be provided to
26the presiding judge or chief judge for an in camera review upon
27court order for good cause shown.
283. a. An audio or video recording of a certified shorthand
29reporter shall be provided to the board upon request by the
30board if a disciplinary proceeding is pending regarding the
31certified shorthand reporter who is a respondent under the
32provisions of section 602.3203 or the rules of the board of
33examiners of shorthand reporters, Iowa court rules, ch.46.
34b. The audio and video recordings provided to the board
35pursuant to this subsection shall be kept confidential by the
-8-1board in a manner as provided in section 272C.6, subsection 4.
2DIVISION IV
3NONCONTRACT ATTORNEY APPOINTMENT
4 Sec. 8. NONCONTRACT ATTORNEY APPOINTMENT. For the fiscal
5year beginning July 1, 2023, and ending June 30, 2024, a court
6shall not appoint a noncontract attorney under section 815.10,
7subsection 3, without the noncontract attorney’s consent.
8DIVISION V
9Contracting authority
10 Sec. 9. NEW SECTION. 602.1209A State court administrator
11may contractually limit vendor liability.
121. The state court administrator may authorize the
13procurement of goods and services in which a contractual
14limitation of vendor liability is provided for and set forth in
15the documents initiating the procurement.
162. a. The state court administrator shall consider all of
17the following criteria when determining whether to permit a
18contractual limitation of vendor liability with regard to any
19procurement of goods or services:
20(1) Whether authorizing a contractual limitation of vendor
21liability is necessary to prevent harm to the state from
22a failure to obtain the goods or services sought, or from
23obtaining the goods or services at a higher price if the state
24refuses to allow a contractual limitation of vendor liability.
25(2) Whether the contractual limitation of vendor liability
26is commercially reasonable when taking into account any risk to
27the state created by the goods or services to be procured and
28the purpose for which they will be used.
29b. The state court administrator may consider additional
30criteria.
313. Notwithstanding subsection 1, a contractual limitation
32of vendor liability shall not include any limitation on the
33liability of any vendor for intentional torts, criminal acts,
34or fraudulent conduct.
35EXPLANATION
-9-1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
3This bill relates to the judicial branch.
4FY 2023-2024 APPROPRIATIONS. The bill appropriates moneys
5from the general fund of the state for FY 2023-2024 to the
6judicial branch for salaries, receipt and disbursement of
7child support payments, reimbursement of the auditor of state,
8maintenance, equipment, miscellaneous purposes, deposit in the
9revolving fund created pursuant to Code section 602.1302(3) for
10certain purposes, payment of court-ordered juvenile services,
11and juvenile delinquent programs and services.
12The bill provides that a civil trial including a jury trial
13may take place in a county contiguous to the county with proper
14jurisdiction, even if the contiguous county is located in an
15adjacent judicial district or judicial election district, if
16all the parties in a case agree. If a trial is moved to another
17county that is located in another judicial district or judicial
18election district, the judicial officers serving the judicial
19district or judicial election district receiving the case shall
20preside over the case.
21The bill permits a judicial officer to waive travel
22reimbursement for any travel outside the judicial officer’s
23county of residence to conduct official business.
24The bill allows a judicial officer to be placed on unpaid
25leave on any day a court employee is required to furlough.
26The bill provides that if a judicial officer is placed on
27unpaid leave, the salary of the judicial officer shall be
28reduced accordingly for the pay period in which the unpaid
29leave occurred. The bill provides that the judicial branch
30may use an amount equal to the aggregate amount of the salary
31reductions due to judicial officer unpaid leave for any purpose
32other than judicial salaries.
33The bill states legislative intent that the judicial
34branch utilize the Iowa communications network or other secure
35electronic communications in lieu of traveling.
-10- 1APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES. The bill
2provides for a new formula to be prescribed by the Iowa supreme
3court for apportioning district associate judges based upon
4a weighted workload. Under current law, district associate
5judges are apportioned based upon county population.
6The bill provides that in judicial election districts
7that currently have more district associate judges than the
8new formula prescribes, vacancies shall not be filled, while
9districts having fewer or the same shall fill vacancies as
10they occur. In judicial districts that contain more than one
11judicial election district, a vacancy in a judicial election
12district shall not be filled if the total number of district
13associate judges in all judicial election districts within
14the judicial district equals or exceeds the aggregate number
15of judgeships to which all of the judicial election districts
16of the judicial district are authorized. Incumbents shall
17not be removed because of a reduction in number of authorized
18judgeships.
19VIDEO RECORDINGS. The bill adds video recordings to
20Code section 602.3205 (certified shorthand reporter audio
21recordings). The bill provides that a certified shorthand
22reporter’s audio and video recordings used solely for the
23purpose of providing a verbatim written transcript of a court
24proceeding or a proceeding conducted in anticipation of use in
25a court proceeding shall be considered the personal property
26and private work product of the certified shorthand reporter,
27except that an audio or video recording of a certified
28shorthand reporter shall be provided to the presiding judge
29or chief judge for an in camera review upon court order
30for good cause shown and an audio or video recording of a
31certified shorthand reporter shall be provided to the board of
32examiners of shorthand reporters upon request by the board if
33a disciplinary proceeding is pending regarding the certified
34shorthand reporter.
35NONCONTRACT ATTORNEY APPOINTMENT. For FY 2023-2024, the
-11-1bill prohibits a court from appointing a noncontract attorney
2under Code section 815.10(3) without the attorney’s consent.
3CONTRACTING AUTHORITY. The bill allows the state court
4administrator to enter into contracts with vendors that include
5limitations of liability for the vendors, after considering
6certain criteria set forth in the bill. However, the bill
7prohibits limitations of liability for any intentional torts,
8criminal acts, or fraudulent conduct by the vendor.
-12-cm/ns