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Senate File 563 - EnrolledAn Actrelating to the judicial branch, including
appropriations to the judicial branch, apportionment of
district associate judges, video recordings, noncontract
attorney appointment, and contracting authority.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2023-2024 APPROPRIATIONS
Section 1. JUDICIAL BRANCH.
1. There is appropriated from the general fund of the state
to the judicial branch for the fiscal year beginning July 1,
2023, and ending June 30, 2024, the following amounts, or so
much thereof as is necessary, to be used for the purposes
designated:
a. For salaries of supreme court justices, appellate court
judges, district court judges, district associate judges,
associate juvenile judges, associate probate judges, judicial
magistrates and staff, state court administrator, clerk of
the supreme court, district court administrators, clerks of
the district court, juvenile court officers, board of law
examiners, board of examiners of shorthand reporters, and
commission on judicial qualifications; receipt and disbursement
of child support payments; reimbursement of the auditor
of state for expenses incurred in completing audits of the
offices of the clerks of the district court during the fiscal
year beginning July 1, 2023; and maintenance, equipment, and
miscellaneous purposes:
.................................................. $193,350,550
Of the moneys appropriated in this lettered paragraph,
no more than $250,000 is allocated for reimbursement to the
indigent defense fund created in section 815.11 for travel
time claims as required under section 815.7A, subsection 2, if
enacted by 2023 Iowa Acts, Senate File 562 or House Study Bill
251, or successor legislation.
b. For deposit in the revolving fund created pursuant to
section 602.1302, subsection 3, for jury and witness fees,
mileage, costs related to summoning jurors, costs and fees for
interpreters and translators, and reimbursement of attorney
fees paid by the state public defender:
.................................................. $3,600,000
c. For payment of expenses for court-ordered services
-1-provided to juveniles who are under the supervision of juvenile
court services, which expenses are a charge upon the state
pursuant to section 232.141, subsection 4:
.................................................. $3,290,000
(1) Of the moneys appropriated in this lettered paragraph,
no more than $1,556,000 is allocated to provide school-based
supervision of children under chapter 232, of which no more
than $15,000 may be used for purposes of training. A portion
of the cost of each school-based liaison officer shall be paid
by the school district or other funding source as approved by
the chief juvenile court officer.
(2) Of the moneys appropriated in this lettered paragraph,
no more than $748,000 is allocated for the payment of expenses
for court-ordered services provided to children who are under
the supervision of the department of health and human services,
which expenses are a charge upon the state pursuant to section
232.141, subsection 4.
(3) Notwithstanding section 232.141 or any other provision
of law to the contrary, the moneys appropriated in this
lettered paragraph shall be distributed to the judicial
districts as determined by the state court administrator. The
state court administrator shall make the determination of the
distribution amounts on or before June 15, 2023.
(4) Notwithstanding chapter 232 or any other provision of
law to the contrary, a district or juvenile court shall not
order any service which is a charge upon the state pursuant
to section 232.141 if there are insufficient court-ordered
services moneys available in the district court distribution
amounts to pay for the service. The chief juvenile court
officer shall encourage use of the moneys appropriated in this
lettered paragraph such that there are sufficient moneys to pay
for all court-ordered services during the entire fiscal year.
The chief juvenile court officer shall attempt to anticipate
potential surpluses and shortfalls in the distribution amounts
and shall cooperatively request the state court administrator
-2-to transfer moneys between the judicial districts’ distribution
amounts as prudent.
(5) Notwithstanding any provision of law to the contrary,
a district or juvenile court shall not order a county to pay
for any service provided to a juvenile pursuant to an order
entered under chapter 232 which is a charge upon the state
under section 232.141, subsection 4.
(6) Of the moneys appropriated in this lettered paragraph,
no more than $83,000 may be used by the judicial branch
for administration of the requirements under this lettered
paragraph.
(7) Of the moneys appropriated in this lettered paragraph,
$23,000 is allocated to the judicial branch to support the
interstate commission for juveniles in accordance with the
interstate compact for juveniles as provided in section
232.173.
d. For juvenile justice delinquency prevention pursuant to
section 232.192, if enacted by 2023 Iowa Acts, Senate File 285
or House File 699, or if not enacted, for juvenile delinquent
graduated sanctions services pursuant to section 232.192, as
enacted by 2022 Iowa Acts, chapter 1098, section 70:
.................................................. $12,253,000
Any state moneys saved as a result of efforts by juvenile
court services to earn a federal fund match pursuant to Tit.
IV-E of the federal Family First Prevention Services Act
of 2018, Pub.L.No.115-123, for juvenile court services
administration is appropriated to the judicial branch for
purposes of this lettered paragraph.
2. The judicial branch, except for purposes of internal
processing, shall use the current state budget system, the
state payroll system, and the Iowa finance and accounting
system in administration of programs and payments for services,
and shall not duplicate the state payroll, accounting, and
budgeting systems.
3. The judicial branch shall submit monthly financial
-3-statements to the legislative services agency and the
department of management containing all appropriated accounts
in the same manner as provided in the monthly financial status
reports and personal services usage reports of the department
of administrative services. The monthly financial statements
shall include a comparison of the dollars and percentage
spent of budgeted versus actual revenues and expenditures on
a cumulative basis for full-time equivalent positions and
dollars.
4. The judicial branch shall focus efforts upon the
collection of delinquent fines, penalties, court costs, fees,
surcharges, or similar amounts.
5. It is the intent of the general assembly that the offices
of the clerks of the district court operate in all 99 counties
and be accessible to the public as much as is reasonably
possible in order to address the relative needs of the citizens
of each county. An office of the clerk of the district court
shall be open regular courthouse hours.
6. In addition to the requirements for transfers under
section 8.39, the judicial branch shall not change the
appropriations from the amounts appropriated to the judicial
branch in this division of this Act, unless notice of the
revisions is given to the legislative services agency prior
to the effective date. The notice shall include information
on the judicial branch’s rationale for making the changes and
details concerning the workload and performance measures upon
which the changes are based.
7. The judicial branch shall submit a semiannual update
to the legislative services agency specifying the amounts of
fines, surcharges, and court costs collected using the Iowa
court information system since the last report. The judicial
branch shall continue to facilitate the sharing of vital
sentencing and other information with other state departments
and governmental agencies involved in the criminal justice
system through the Iowa court information system.
-4- 8. The judicial branch shall provide a report to the general
assembly by January 1, 2024, concerning the amounts received
and expended from the court technology and modernization fund
created in section 602.8108, subsection 7, during the fiscal
year beginning July 1, 2022, and ending June 30, 2023, and the
plans for expenditures from each fund during the fiscal year
beginning July 1, 2023, and ending June 30, 2024.
Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
provision to the contrary, for the fiscal year beginning July
1, 2023, and ending June 30, 2024, if all parties in a case
agree, a civil trial including a jury trial may take place in a
county contiguous to the county with proper jurisdiction, even
if the contiguous county is located in an adjacent judicial
district or judicial election district. If the trial is moved
pursuant to this section, court personnel shall treat the case
as if a change of venue occurred.
Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
602.1509, for the fiscal year beginning July 1, 2023, and
ending June 30, 2024, a judicial officer may waive travel
reimbursement for any travel outside the judicial officer’s
county of residence to conduct official judicial business.
Sec. 4. JUDICIAL OFFICER — UNPAID LEAVE. Notwithstanding
the annual salary rates for judicial officers established by
2022 Iowa Acts, chapter 1145, section 6, for the fiscal year
beginning July 1, 2023, and ending June 30, 2024, the supreme
court may by order place all judicial officers on unpaid leave
status on any day employees of the judicial branch are placed
on temporary layoff status. The biweekly pay of the judicial
officers shall be reduced accordingly for the pay period in
which the unpaid leave date occurred in the same manner as
for noncontract employees of the judicial branch. Through
the course of the fiscal year, the judicial branch may use an
amount equal to the aggregate amount of salary reductions due
to the judicial officer unpaid leave days for any purpose other
than for judicial salaries.
-5- Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
of the general assembly that the judicial branch utilize
the Iowa communications network or other secure electronic
communications in lieu of traveling for the fiscal year
beginning July 1, 2023, and ending June 30, 2024.
DIVISION II
Apportionment of district Associate Judges
Sec. 6. Section 602.6301, Code 2023, is amended to read as
follows:
602.6301 Number and apportionment of district associate
judges.
1. There shall be one district associate judge in counties
having a population of more than thirty-five thousand and less
than eighty thousand; two in counties having a population of
eighty thousand or more and less than one hundred twenty-five
thousand; three in counties having a population of one
hundred twenty-five thousand or more and less than one hundred
seventy thousand; four in counties having a population of one
hundred seventy thousand or more and less than two hundred
fifteen thousand; five in counties having a population of two
hundred fifteen thousand or more and less than two hundred
sixty thousand; six in counties having a population of two
hundred sixty thousand or more and less than three hundred
five thousand; seven in counties having a population of three
hundred five thousand or more and less than three hundred
fifty thousand; eight in counties having a population of three
hundred fifty thousand or more and less than three hundred
ninety-five thousand; nine in counties having a population of
three hundred ninety-five thousand or more and less than four
hundred forty thousand; ten in counties having a population of
four hundred forty thousand or more and less than four hundred
eighty-five thousand; and one additional judge for every
population increment of thirty-five thousand which is over
four hundred eighty-five thousand in such counties. However,
a county shall not lose a district associate judgeship solely
-6-because of a reduction in the county’s population. If the
formula provided in this section results in the allocation
of an additional district associate judgeship to a county,
implementation of the allocation shall be subject to prior
approval of the supreme court and availability of funds to the
judicial branch. The supreme court shall prescribe, subject
to the restrictions of this section, a formula to determine
the number of district associate judges who will serve in each
judicial election district. The formula shall be based upon
a model that measures and applies an estimated case-related
workload formula of judicial officers, and shall account for
administrative duties, travel time, and other judicial duties
not related to a specific case. A district associate judge
appointed pursuant to section 602.6302 or 602.6307 shall not
be counted for purposes of this section and the reduction of
a district associate judge pursuant to section 602.6303 also
shall not be counted for purposes of this section.
2. For purposes of this section, “vacancy” means the death,
resignation, retirement, or removal of a district associate
judge, or the failure of a district associate judge to be
retained in office at the judicial election, or an increase in
judgeships under the formula prescribed in subsection 1.
3. In those judicial election districts having more
district associate judges than the number of judgeships
specified by the formula prescribed in subsection 1, vacancies
shall not be filled.
4. In those judicial election districts having fewer or
the same number of district associate judges as the number of
judgeships specified by the formula prescribed in subsection 1,
vacancies shall be filled as the vacancies occur.
5. In those judicial districts that contain more than one
judicial election district, a vacancy in a judicial election
district shall not be filled if the total number of district
associate judges in all judicial election districts within
the judicial district equals or exceeds the aggregate number
-7-of judgeships to which all of the judicial election districts
of the judicial district are authorized by the formula in
subsection 1.
6. An incumbent district associate judge shall not be
removed from office because of a reduction in the number of
authorized judgeships specified by the formula prescribed in
subsection 1.
DIVISION III
video recordings
Sec. 7. Section 602.3205, Code 2023, is amended to read as
follows:
602.3205 Audio and video recordings.
1. Except as provided in subsection 2 or 3, a certified
shorthand reporter’s audio and video recordings used solely
for the purpose of providing a verbatim written transcript of
a court proceeding or a proceeding conducted in anticipation
of use in a court proceeding shall be considered the personal
property and private work product of the certified shorthand
reporter.
2. An audio or video recording of a certified shorthand
reporter appointed under section 602.6603 shall be provided to
the presiding judge or chief judge for an in camera review upon
court order for good cause shown.
3. a. An audio or video recording of a certified shorthand
reporter shall be provided to the board upon request by the
board if a disciplinary proceeding is pending regarding the
certified shorthand reporter who is a respondent under the
provisions of section 602.3203 or the rules of the board of
examiners of shorthand reporters, Iowa court rules, ch.46.
b. The audio and video recordings provided to the board
pursuant to this subsection shall be kept confidential by the
board in a manner as provided in section 272C.6, subsection 4.
DIVISION IV
NONCONTRACT ATTORNEY APPOINTMENT
Sec. 8. NONCONTRACT ATTORNEY APPOINTMENT. For the fiscal
-8-year beginning July 1, 2023, and ending June 30, 2024, a court
shall not appoint a noncontract attorney under section 815.10,
subsection 3, without the noncontract attorney’s consent.
DIVISION V
Contracting authority
Sec. 9. NEW SECTION. 602.1209A State court administrator
may contractually limit vendor liability.
1. The state court administrator may authorize the
procurement of goods and services in which a contractual
limitation of vendor liability is provided for and set forth in
the documents initiating the procurement.
2. a. The state court administrator shall consider all of
the following criteria when determining whether to permit a
contractual limitation of vendor liability with regard to any
procurement of goods or services:
(1) Whether authorizing a contractual limitation of vendor
liability is necessary to prevent harm to the state from
a failure to obtain the goods or services sought, or from
obtaining the goods or services at a higher price if the state
refuses to allow a contractual limitation of vendor liability.
(2) Whether the contractual limitation of vendor liability
is commercially reasonable when taking into account any risk to
the state created by the goods or services to be procured and
the purpose for which they will be used.
b. The state court administrator may consider additional
criteria.
3. Notwithstanding subsection 1, a contractual limitation
of vendor liability shall not include any limitation on the
liability of any vendor for intentional torts, criminal acts,
or fraudulent conduct.
______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 563, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorcm/ns/mb
appropriations to the judicial branch, apportionment of
district associate judges, video recordings, noncontract
attorney appointment, and contracting authority.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
FY 2023-2024 APPROPRIATIONS
Section 1. JUDICIAL BRANCH.
1. There is appropriated from the general fund of the state
to the judicial branch for the fiscal year beginning July 1,
2023, and ending June 30, 2024, the following amounts, or so
much thereof as is necessary, to be used for the purposes
designated:
a. For salaries of supreme court justices, appellate court
judges, district court judges, district associate judges,
associate juvenile judges, associate probate judges, judicial
magistrates and staff, state court administrator, clerk of
the supreme court, district court administrators, clerks of
the district court, juvenile court officers, board of law
examiners, board of examiners of shorthand reporters, and
commission on judicial qualifications; receipt and disbursement
of child support payments; reimbursement of the auditor
of state for expenses incurred in completing audits of the
offices of the clerks of the district court during the fiscal
year beginning July 1, 2023; and maintenance, equipment, and
miscellaneous purposes:
.................................................. $193,350,550
Of the moneys appropriated in this lettered paragraph,
no more than $250,000 is allocated for reimbursement to the
indigent defense fund created in section 815.11 for travel
time claims as required under section 815.7A, subsection 2, if
enacted by 2023 Iowa Acts, Senate File 562 or House Study Bill
251, or successor legislation.
b. For deposit in the revolving fund created pursuant to
section 602.1302, subsection 3, for jury and witness fees,
mileage, costs related to summoning jurors, costs and fees for
interpreters and translators, and reimbursement of attorney
fees paid by the state public defender:
.................................................. $3,600,000
c. For payment of expenses for court-ordered services
-1-provided to juveniles who are under the supervision of juvenile
court services, which expenses are a charge upon the state
pursuant to section 232.141, subsection 4:
.................................................. $3,290,000
(1) Of the moneys appropriated in this lettered paragraph,
no more than $1,556,000 is allocated to provide school-based
supervision of children under chapter 232, of which no more
than $15,000 may be used for purposes of training. A portion
of the cost of each school-based liaison officer shall be paid
by the school district or other funding source as approved by
the chief juvenile court officer.
(2) Of the moneys appropriated in this lettered paragraph,
no more than $748,000 is allocated for the payment of expenses
for court-ordered services provided to children who are under
the supervision of the department of health and human services,
which expenses are a charge upon the state pursuant to section
232.141, subsection 4.
(3) Notwithstanding section 232.141 or any other provision
of law to the contrary, the moneys appropriated in this
lettered paragraph shall be distributed to the judicial
districts as determined by the state court administrator. The
state court administrator shall make the determination of the
distribution amounts on or before June 15, 2023.
(4) Notwithstanding chapter 232 or any other provision of
law to the contrary, a district or juvenile court shall not
order any service which is a charge upon the state pursuant
to section 232.141 if there are insufficient court-ordered
services moneys available in the district court distribution
amounts to pay for the service. The chief juvenile court
officer shall encourage use of the moneys appropriated in this
lettered paragraph such that there are sufficient moneys to pay
for all court-ordered services during the entire fiscal year.
The chief juvenile court officer shall attempt to anticipate
potential surpluses and shortfalls in the distribution amounts
and shall cooperatively request the state court administrator
-2-to transfer moneys between the judicial districts’ distribution
amounts as prudent.
(5) Notwithstanding any provision of law to the contrary,
a district or juvenile court shall not order a county to pay
for any service provided to a juvenile pursuant to an order
entered under chapter 232 which is a charge upon the state
under section 232.141, subsection 4.
(6) Of the moneys appropriated in this lettered paragraph,
no more than $83,000 may be used by the judicial branch
for administration of the requirements under this lettered
paragraph.
(7) Of the moneys appropriated in this lettered paragraph,
$23,000 is allocated to the judicial branch to support the
interstate commission for juveniles in accordance with the
interstate compact for juveniles as provided in section
232.173.
d. For juvenile justice delinquency prevention pursuant to
section 232.192, if enacted by 2023 Iowa Acts, Senate File 285
or House File 699, or if not enacted, for juvenile delinquent
graduated sanctions services pursuant to section 232.192, as
enacted by 2022 Iowa Acts, chapter 1098, section 70:
.................................................. $12,253,000
Any state moneys saved as a result of efforts by juvenile
court services to earn a federal fund match pursuant to Tit.
IV-E of the federal Family First Prevention Services Act
of 2018, Pub.L.No.115-123, for juvenile court services
administration is appropriated to the judicial branch for
purposes of this lettered paragraph.
2. The judicial branch, except for purposes of internal
processing, shall use the current state budget system, the
state payroll system, and the Iowa finance and accounting
system in administration of programs and payments for services,
and shall not duplicate the state payroll, accounting, and
budgeting systems.
3. The judicial branch shall submit monthly financial
-3-statements to the legislative services agency and the
department of management containing all appropriated accounts
in the same manner as provided in the monthly financial status
reports and personal services usage reports of the department
of administrative services. The monthly financial statements
shall include a comparison of the dollars and percentage
spent of budgeted versus actual revenues and expenditures on
a cumulative basis for full-time equivalent positions and
dollars.
4. The judicial branch shall focus efforts upon the
collection of delinquent fines, penalties, court costs, fees,
surcharges, or similar amounts.
5. It is the intent of the general assembly that the offices
of the clerks of the district court operate in all 99 counties
and be accessible to the public as much as is reasonably
possible in order to address the relative needs of the citizens
of each county. An office of the clerk of the district court
shall be open regular courthouse hours.
6. In addition to the requirements for transfers under
section 8.39, the judicial branch shall not change the
appropriations from the amounts appropriated to the judicial
branch in this division of this Act, unless notice of the
revisions is given to the legislative services agency prior
to the effective date. The notice shall include information
on the judicial branch’s rationale for making the changes and
details concerning the workload and performance measures upon
which the changes are based.
7. The judicial branch shall submit a semiannual update
to the legislative services agency specifying the amounts of
fines, surcharges, and court costs collected using the Iowa
court information system since the last report. The judicial
branch shall continue to facilitate the sharing of vital
sentencing and other information with other state departments
and governmental agencies involved in the criminal justice
system through the Iowa court information system.
-4- 8. The judicial branch shall provide a report to the general
assembly by January 1, 2024, concerning the amounts received
and expended from the court technology and modernization fund
created in section 602.8108, subsection 7, during the fiscal
year beginning July 1, 2022, and ending June 30, 2023, and the
plans for expenditures from each fund during the fiscal year
beginning July 1, 2023, and ending June 30, 2024.
Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
provision to the contrary, for the fiscal year beginning July
1, 2023, and ending June 30, 2024, if all parties in a case
agree, a civil trial including a jury trial may take place in a
county contiguous to the county with proper jurisdiction, even
if the contiguous county is located in an adjacent judicial
district or judicial election district. If the trial is moved
pursuant to this section, court personnel shall treat the case
as if a change of venue occurred.
Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
602.1509, for the fiscal year beginning July 1, 2023, and
ending June 30, 2024, a judicial officer may waive travel
reimbursement for any travel outside the judicial officer’s
county of residence to conduct official judicial business.
Sec. 4. JUDICIAL OFFICER — UNPAID LEAVE. Notwithstanding
the annual salary rates for judicial officers established by
2022 Iowa Acts, chapter 1145, section 6, for the fiscal year
beginning July 1, 2023, and ending June 30, 2024, the supreme
court may by order place all judicial officers on unpaid leave
status on any day employees of the judicial branch are placed
on temporary layoff status. The biweekly pay of the judicial
officers shall be reduced accordingly for the pay period in
which the unpaid leave date occurred in the same manner as
for noncontract employees of the judicial branch. Through
the course of the fiscal year, the judicial branch may use an
amount equal to the aggregate amount of salary reductions due
to the judicial officer unpaid leave days for any purpose other
than for judicial salaries.
-5- Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
of the general assembly that the judicial branch utilize
the Iowa communications network or other secure electronic
communications in lieu of traveling for the fiscal year
beginning July 1, 2023, and ending June 30, 2024.
DIVISION II
Apportionment of district Associate Judges
Sec. 6. Section 602.6301, Code 2023, is amended to read as
follows:
602.6301 Number and apportionment of district associate
judges.
1. There shall be one district associate judge in counties
having a population of more than thirty-five thousand and less
than eighty thousand; two in counties having a population of
eighty thousand or more and less than one hundred twenty-five
thousand; three in counties having a population of one
hundred twenty-five thousand or more and less than one hundred
seventy thousand; four in counties having a population of one
hundred seventy thousand or more and less than two hundred
fifteen thousand; five in counties having a population of two
hundred fifteen thousand or more and less than two hundred
sixty thousand; six in counties having a population of two
hundred sixty thousand or more and less than three hundred
five thousand; seven in counties having a population of three
hundred five thousand or more and less than three hundred
fifty thousand; eight in counties having a population of three
hundred fifty thousand or more and less than three hundred
ninety-five thousand; nine in counties having a population of
three hundred ninety-five thousand or more and less than four
hundred forty thousand; ten in counties having a population of
four hundred forty thousand or more and less than four hundred
eighty-five thousand; and one additional judge for every
population increment of thirty-five thousand which is over
four hundred eighty-five thousand in such counties. However,
a county shall not lose a district associate judgeship solely
-6-because of a reduction in the county’s population. If the
formula provided in this section results in the allocation
of an additional district associate judgeship to a county,
implementation of the allocation shall be subject to prior
approval of the supreme court and availability of funds to the
judicial branch. The supreme court shall prescribe, subject
to the restrictions of this section, a formula to determine
the number of district associate judges who will serve in each
judicial election district. The formula shall be based upon
a model that measures and applies an estimated case-related
workload formula of judicial officers, and shall account for
administrative duties, travel time, and other judicial duties
not related to a specific case. A district associate judge
appointed pursuant to section 602.6302 or 602.6307 shall not
be counted for purposes of this section and the reduction of
a district associate judge pursuant to section 602.6303 also
shall not be counted for purposes of this section.
2. For purposes of this section, “vacancy” means the death,
resignation, retirement, or removal of a district associate
judge, or the failure of a district associate judge to be
retained in office at the judicial election, or an increase in
judgeships under the formula prescribed in subsection 1.
3. In those judicial election districts having more
district associate judges than the number of judgeships
specified by the formula prescribed in subsection 1, vacancies
shall not be filled.
4. In those judicial election districts having fewer or
the same number of district associate judges as the number of
judgeships specified by the formula prescribed in subsection 1,
vacancies shall be filled as the vacancies occur.
5. In those judicial districts that contain more than one
judicial election district, a vacancy in a judicial election
district shall not be filled if the total number of district
associate judges in all judicial election districts within
the judicial district equals or exceeds the aggregate number
-7-of judgeships to which all of the judicial election districts
of the judicial district are authorized by the formula in
subsection 1.
6. An incumbent district associate judge shall not be
removed from office because of a reduction in the number of
authorized judgeships specified by the formula prescribed in
subsection 1.
DIVISION III
video recordings
Sec. 7. Section 602.3205, Code 2023, is amended to read as
follows:
602.3205 Audio and video recordings.
1. Except as provided in subsection 2 or 3, a certified
shorthand reporter’s audio and video recordings used solely
for the purpose of providing a verbatim written transcript of
a court proceeding or a proceeding conducted in anticipation
of use in a court proceeding shall be considered the personal
property and private work product of the certified shorthand
reporter.
2. An audio or video recording of a certified shorthand
reporter appointed under section 602.6603 shall be provided to
the presiding judge or chief judge for an in camera review upon
court order for good cause shown.
3. a. An audio or video recording of a certified shorthand
reporter shall be provided to the board upon request by the
board if a disciplinary proceeding is pending regarding the
certified shorthand reporter who is a respondent under the
provisions of section 602.3203 or the rules of the board of
examiners of shorthand reporters, Iowa court rules, ch.46.
b. The audio and video recordings provided to the board
pursuant to this subsection shall be kept confidential by the
board in a manner as provided in section 272C.6, subsection 4.
DIVISION IV
NONCONTRACT ATTORNEY APPOINTMENT
Sec. 8. NONCONTRACT ATTORNEY APPOINTMENT. For the fiscal
-8-year beginning July 1, 2023, and ending June 30, 2024, a court
shall not appoint a noncontract attorney under section 815.10,
subsection 3, without the noncontract attorney’s consent.
DIVISION V
Contracting authority
Sec. 9. NEW SECTION. 602.1209A State court administrator
may contractually limit vendor liability.
1. The state court administrator may authorize the
procurement of goods and services in which a contractual
limitation of vendor liability is provided for and set forth in
the documents initiating the procurement.
2. a. The state court administrator shall consider all of
the following criteria when determining whether to permit a
contractual limitation of vendor liability with regard to any
procurement of goods or services:
(1) Whether authorizing a contractual limitation of vendor
liability is necessary to prevent harm to the state from
a failure to obtain the goods or services sought, or from
obtaining the goods or services at a higher price if the state
refuses to allow a contractual limitation of vendor liability.
(2) Whether the contractual limitation of vendor liability
is commercially reasonable when taking into account any risk to
the state created by the goods or services to be procured and
the purpose for which they will be used.
b. The state court administrator may consider additional
criteria.
3. Notwithstanding subsection 1, a contractual limitation
of vendor liability shall not include any limitation on the
liability of any vendor for intentional torts, criminal acts,
or fraudulent conduct.
______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 563, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorcm/ns/mb