Senate Journal: Wednesday, January 13, 1999

  THIRD CALENDAR DAY
  THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, January 13, 1999

  The Senate met in regular session at 9:09 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Chuck Spindler, of the Crest
  Baptist Church, Creston, Iowa.

  The Journal of January 12, 1999, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Redfern until he arrives, on request of Senator Hedge.

  Senator Szymoniak until she arrives, on request of Senator Gronstal.

  INTRODUCTION OF BILLS

  Senate Joint Resolution 1, by Iverson, Johnson, Boettger,
  Jensen, Drake, Maddox, McKibben, King, Rittmer, Rehberg,
  Redwine, Kramer, Freeman, Lamberti, Angelo, Veenstra, Hedge,
  Zieman, McKean, Miller, Sexton, Behn, Gaskill, Bartz, Tinsman,
  McLaren, and Schuerer, a joint resolution proposing amendments to
  the Constitution of the State of Iowa relating to the state budget by
  limiting state general fund expenditures and restricting certain state
  tax revenue changes

  Read first time and referred to committee on Ways and Means.

  The Senate stood at ease until the fall of the gavel.
  The Senate resumed session, President Kramer presiding.

  INTRODUCTION OF BILL

  Senate File 10, by committee on Natural Resources and
  Environment, a bill for an act relating to the issuance of nonresident
  hunting licenses, to the maximum number of deer and wild turkey
  hunting licenses issued to nonresidents, and to certain allocations of
  nonresident licenses, and providing an effective date.

  Read first time and placed on calendar.

  COMMITTEE FROM THE HOUSE

  A committee from the House appeared and announced that the
  House was ready to receive the Senate in joint convention.

  Senator Iverson moved that upon dissolution of the joint
  convention the Senate be adjourned until January 14, 1999, at
  9:00 a.m.

  The motion prevailed by a voice vote.

  JOINT CONVENTION

  In accordance with law and House Concurrent Resolution 2, duly
  adopted, the joint convention was called to order at 9:45 a.m.,
  President Kramer presiding.

  Senator Iverson moved that the roll call be dispensed with and
  that the President of the joint convention be authorized to declare a
  quorum present, which motion prevailed by a voice vote.

  President Kramer declared a quorum present and the joint
  convention duly organized.

  Senator Iverson moved that a committee of four, two members
  from the Senate and two members from the House, be appointed to
  notify Governor Terry E. Branstad that the joint convention was
  organized and ready to receive him.
  The motion prevailed by a voice vote and the Chair announced the
  appointment of Senators Gaskill and Shearer on the part of the
  Senate, and Representatives Sunderbruch and Kuhn on the part of
  the House.

  Senator Iverson moved that a committee of six, three members
  from the Senate and three members from the House, be appointed to
  notify the Honorable Arthur A. McGiverin, Chief Justice of the Iowa
  Supreme Court, that the joint convention was ready to receive him.

  The motion prevailed by a voice vote and the chair announced the
  appointment of Senators Maddox, Freeman, and Fraise on the part of
  the Senate, and Representatives Baudler, Garman, and Parmenter
  on the part of the House.

  The following guests were escorted into the House Chamber:

  Secretary of State, Chet Culver; Treasurer of State, Michael
  Fitzgerald; Secretary of Agriculture, Patty Judge; Auditor of State,
  Richard Johnson; Attorney General, Tom Miller.

  Justices of the Supreme Court, the Judges of the Court of Appeals,
  and the Chief Judges of the state's judicial districts.

  Lieutenant Governor Joy Corning.

  Mrs. Joan McGiverin, wife of the Chief Justice; and Ed and Joan
  McGiverin, Chief Justice McGiverin's cousin and his wife, were
  escorted into the House Chamber.

  Governor-elect Tom Vilsack and Lieutenant Governor-elect Sally
  Pederson.

  The committee appointed waited upon Governor Branstad and
  escorted him to the Speaker's station.

  The committee appointed waited upon Chief Justice McGiverin
  and escorted him to the Speaker's station.

  President Kramer then presented Chief Justice McGiverin who
  delivered the following Condition of the Iowa Judiciary Message:
  Madam President, Mr. Speaker, Governor Branstad and Lieutenant Governor
  Corning, Governor-Elect Vilsack and Lieutenant Governor-Elect Pederson,
  members of
  the General Assembly, state officials, judges, and friends:

  We are honored and pleased by the opportunity each year to review the
  significant
  activities of the court system and make recommendations aimed at providing
  the
  highest quality of justice to the people of Iowa.  We sincerely thank the
  General
  Assembly for the kind invitation to speak here today.

  Let me begin by extending a warm welcome to the new legislators and state
  officials.  I also want to welcome Governor-Elect Vilsack and Lieutenant
  Governor-
  Elect Pederson.  We look forward to working with all of you on issues
  involving the
  administration of justice.

  I would like to acknowledge Justice Mark Cady, the newest member of the
  supreme
  court, and Judge Van Zimmer who joined the court of appeals last week.

  Before I begin my main remarks, I would like to recognize and thank Governor
  Branstad for his strong support of the judicial branch over the years. His
  leadership
  was crucial in bringing about the landmark Court Reorganization Act in the
  1980s,
  which secured state funding for the court system.  As a result of this
  far-sighted
  reform, our courts operate more efficiently and resources flow where they
  are most
  needed.  Today, Iowans in all counties enjoy more equal access to court
  services than
  was possible under the previous county funding structure.

  Governor Branstad has always said that appointing judges is a governor's
  most
  important job.  He has appointed nearly  eighty percent of Iowa's judges.
  However, it
  is the quality of the appointments he has made rather than the quantity for
  which he
  will be remembered.  He took great care to appoint hardworking, fair minded
  and
  highly principled judges, without regard to partisan political pressures.
  Because I am
  among the twenty percent he did not appoint, it is appropriate for me to say
  this.

  Governor Branstad, we thank you and wish you well.

  After my address, we hope all of you will join us for coffee and
  conversation
  downstairs in the courtroom.  During the reception, I will present our Child
  Advocate
  of the Year Award.  This award is given to recognize an individual who has
  made an
  extraordinary personal commitment to helping Iowa's troubled children.

  The focus of my address will be about the primary work of the courts -
  deciding
  cases.  However, I would be remiss if I did not mention a few of the many
  activities we
  have underway to help shape the future of the court system.

  Last session, we agreed to move judicial branch operations into a new
  building
  which will house both appellate courts and our administrative offices.  If
  everything
  goes as planned, we will move into the new judicial building in the summer
  of 2002.

  We look forward to the challenge of creating a building that will serve as a
  monument to justice.  We envision a building which conveys a sense of
  timelessness
  and dignity; a building equipped with state-of-the-art communications
  technology; and
  a building which reflects Iowans' respect for the rule of law.  Though no
  building could
  ever rival the splendor of our majestic Capitol, we hope that the new
  judicial branch
  building will, like the Capitol, be a source of lasting pride for all
  Iowans.

  Shaping the ideal judicial branch for the year 2020 was the basic premise of
  our
  Commission on Planning for the 21st Century.  You will remember that the
  commission, which was composed of over seventy Iowans from diverse
  backgrounds,
  conducted the first comprehensive, long-range study of the Iowa court
  system.  Much
  has been said about the careful report of the commission since it was
  submitted to our
  court.  Rather than attempt to summarize the report, I will briefly discuss
  some of the
  steps we are taking to achieve the commission's vision of the ideal court
  system for the
  21st Century and beyond.

  Recognizing that we could not simultaneously respond to all 89 of the
  commission's
  recommendations, we selected twelve priorities to address during the next
  two years.
  You will find a summary of those twelve priorities attached to my remarks. I
  want to
  briefly mention five of them.

  The first priority concerns safety.  Of all public institutions, the
  courthouse should
  be a safe haven.  We are taking steps to ensure the safety of all court
  participants -
  not just court personnel but all people who come to court.

  Another priority involves public service.  The courts are here to serve the
  people -
  not the system.  With that in mind, we are placing more emphasis on customer
  service
  to make our courts more "user-friendly."

  A third priority is information.  Information is the key to effective
  decision-making.
  It is key, not only for deciding cases, but also for management and public
  policy
  decisions.  We are expanding our statistical reports to cover a broad
  spectrum of
  detailed information about cases - for your benefit as well as for our own.

  Another priority involves education.  The vitality of the judicial branch
  depends
  upon the confidence and understanding of the public.  We are establishing a
  comprehensive public education program which will include developing
  law-related
  education programs for schools and promoting public understanding of the
  courts.

  The last priority concerns technology.  Information technology is rapidly
  changing
  the way people communicate and conduct business, including that of the
  courts.  We
  are exploring technological advances such as electronic filing of court
  papers and
  electronic data management for storage and retrieval of court records.

  As with most plans to enhance the effective administration of justice,
  successful
  implementation of our priorities will require broad public support.  We ask
  for yours.

  Much of the court system's ability to remain effective in the 21st Century
  hinges on
  the use of technology.  Someone once said: "Technology is like a
  steamroller.  If you are
  not the steamroller, then you are destined to become part of the road."  I
  am pleased to
  report that we are not part of the road.  In fact, Iowa has one of the most
  technologically advanced state court systems in the nation.

  Although computer technology offers the promise of a bright future, it is
  not
  problem free.  Predictions of global disaster abound because of the infamous
  Y2K bug.
  Those of you who know of my love affair with computers will understand my
  assessment of the situation when I say, "I have seen the future and it does
  not
  compute."  But I assure you that we are prepared.  Our critical software
  applications
  have been upgraded to understand the year 2000.  And if that does not work,
  I have a
  large stockpile of sharpened pencils!

  We are preparing our courts to meet the challenges of the future.  But we
  must not
  overlook the challenges of today, for they will not simply disappear come
  January 1,
  2000.  Only with your assistance can we overcome our most immediate
  challenge -
  coping with high caseloads.

  This is not a new development.  Indeed, a few years ago, I reported to you
  about the
  court system's struggle with rising caseloads.  You helped ease the
  situation
  temporarily by providing some new judgeships throughout the state over a
  period of
  three years and we greatly appreciate that assistance.  Nonetheless, as the
  tide of
  cases rises, the demand for judges continues to exceed our supply.

  As in the past, our criminal and juvenile caseloads are the most demanding.
  Caseload statistics, however, do not illustrate the problems as well as
  personal
  accounts from our trial judges who are on the front lines.  So rather than
  recite
  statistics,  I ask that you carefully study the information provided with
  these remarks.

  Swift court action is one of the most effective deterrents to crime.  Long
  time lags
  between conviction or plea of guilty and sentencing undermine the
  effectiveness of the
  punishment and ultimately the effectiveness of the criminal justice system.
  Here are
  some examples of sentencing delays around the state.

  In the district associate court in Black Hawk County, criminal cases are so
  backed
  up at times that it takes three months after conviction or entry of a guilty
  plea before a
  defendant can be sentenced.

  A similar situation exists in Johnson County district associate court where
  there is
  a six to eight week delay from entry of a guilty plea until sentencing.

  In Polk County district court, the state's busiest courthouse, the number of
  felony
  drug cases and class "A" felony cases have quadrupled since 1990.  Because
  of the high
  felony caseload, there is an eight to nine week delay from entry of a guilty
  verdict until
  sentence in these most serious cases.

  This session as you consider tougher penalties or sentencing options, please
  understand that due, in part, to a shortage of judges we cannot carry out
  sentencing in
  as timely a manner as basic justice clearly demands.

  Like the criminal caseload, our trial courts are also struggling with a
  burdensome
  juvenile caseload.  And we anticipate more pressure on the juvenile docket
  in the near
  future as we implement new state and federal time lines to move children out
  of foster
  care faster and into permanent homes.

  There are special problems in the juvenile court.

  In Benton County, for example, where a judge is available for juvenile cases
  a little
  more than two days per month, juvenile hearings are scheduled every fifteen
  minutes.
  According to Judge Susan Flaherty who hears cases in Benton County and
  surrounding surrounding counties, "We have attempted to deal with the
  increase by
  improving efficiency in scheduling and reducing hearing time allotted to
  each case and
  doing more reviews on paper. . . .  I am always concerned that by spending
  less time on
  individual cases, we are shortchanging the kids and families."

  Judge Flaherty's concern is well taken.  Imagine how the families must feel,
  when,
  because of inadequate resources, their day in court is reduced to minutes.
  We simply
  must provide a climate in which justice is not rationed by use of a
  stopwatch.

  Although present difficulties in the criminal and juvenile dockets take
  priority, we
  certainly cannot ignore civil cases.  Nearly one-half of the trial courts'
  civil docket is
  composed of domestic relations cases, which include dissolution of marriage,
  contempt,
  modification of dissolution, and uniform child support cases.  These are
  important
  cases. But because criminal and juvenile cases must be given highest
  priority, domestic
  relations cases must wait in line.  Other segments of the civil docket such
  as property
  disputes, personal injury suits, and business litigation, must wait longer.

  To keep criminal and juvenile cases moving in Polk County, two district
  court
  judges are being moved from the general trial assignment.  One judge is
  being assigned
  to juvenile cases and the other is being assigned to criminal cases.  This
  shift will have
  a ripple effect on the civil docket.  Previously, parties in dissolution of
  marriage cases
  had to wait about nine months for a trial.  Now, they will have to wait even
  longer.

  We have no control over the number of cases presented.  Nor should we.  To
  limit
  the number of cases would be to limit the ability of Iowans to have
  meaningful access
  to justice.

  Some might suggest we can temporarily relieve the pressure in the criminal
  and
  juvenile dockets by shifting judges here and there.  But this is simply
  reorganizing the
  deck chairs.  It is not even an effective temporary solution, much less a
  long term
  solution.  Efficiency measures and aggressive case management have been
  implemented, but can only do so much, because even the most productive
  judges can
  carefully decide only a certain number of cases each day.  There is no
  escape from
  simple arithmetic:  As long as the demand for justice grows, we will need
  more judges.
  The details of our specific recommendations are contained in our budget
  request which
  we have submitted to you.

  Alexis de Toqueville observed more than 160 years ago that in America, all
  public
  issues are eventually resolved in the courts.  That observation is as true
  today as it
  was in the early 19th Century.  And surely one of the most challenging
  issues
  permeating our courts in the late 20th Century is drug abuse.

  Many of the cases pouring into the court system today involve drug abuse in
  one
  way or another.  Its impact is not confined to prosecutions for possession
  or
  distribution of illicit drugs.  Our judges see drug abuse as a major
  contributing cause in
  many child in need of assistance cases, juvenile delinquency cases,
  dissolution of
  marriage cases, termination of parental rights cases and domestic violence
  cases.  The
  implications are profound.  The following information was provided to me by
  judges
  from around the state who have witnessed the destruction caused by drug
  abuse.

  Drug addiction is not isolated to one area of the state, one race or one age
  group.
  Our judges see addicts, who are, or were, professional people, homeless
  people, single
  parents and married couples, college students, factory workers, homemakers
  and
  teenagers.  Drug addiction exists in rural Iowa as well as urban Iowa.

  Drug addiction overlaps with child abuse and neglect.  Children often end up
  in
  foster care or with relatives because they have been abused by their drug
  addicted
  parents or by others in the household while the parents are in a drug
  induced haze.
  Nor is it unusual for children to be neglected while their parents feed
  their drug
  addiction.  In many cases, parental rights are eventually terminated.

  Drug addiction is the root of many violent crimes.  One of our judges told
  me of a
  sixteen-year-old boy who was a normal, good natured child until he became
  hooked on
  meth.  When his mother confronted him about the drug, he threatened to douse
  her
  with lighter fluid and set her on fire.  Later, he did.

  Drug addiction is linked to domestic violence.   A judge in eastern Iowa
  told me of
  four children whose meth addicted father rammed his vehicle into a car
  carrying them,
  their mother and a domestic abuse advocate.  The children were traumatized.
  Despite
  the dangerous situation, the mother later reunited with her husband and the
  children
  eventually had to be placed in foster care.

  When dealing with drug addicts, our traditional punitive measures tend to be
  ineffective.  A judge in southern Iowa told me that meth is so addictive
  that
  probationers routinely fail drug testing even when they are given ten days
  advance
  notice of the test.  Many addicts return to their addiction as soon as they
  are released
  from jail or prison.  Many addicts commit more crimes to support their
  habits.  And
  many addicts end up back in court again and again.

  There is obviously no single solution to the problem. Some judges are
  exploring
  innovative approaches which strike at the heart of the problem-the
  addiction.  For
  instance, Judge Linda Reade in Polk County emphasizes treatment of
  drug-addicted
  defendants in addition to punitive measures.  Judge Reade says that this
  therapeutic
  approach is a better way to deal with drug-addicted defendants because it
  focuses on
  ending the addiction.

  The criminal justice system cannot be the exclusive vehicle for ending drug
  addiction.  The entire community must join forces to end this scourge.

  As you search for solutions to the drug problem and other problems, please
  bear in
  mind that new laws, tougher criminal penalties, and more resources for law
  enforcement will add to the existing bottleneck in the courts through which
  all cases
  must flow.  We will do our part to deliver justice as effectively as we can
  under the
  circumstances.  But without sufficient resources to match the high demand
  for court
  services, justice will continue to lag behind the public's rightful
  expectations.

  Our system of government calls on all three branches, in differing roles but
  working
  together, to contribute to the administration of justice.  Our role is to
  decide cases
  according to the law, promptly and equally to all people.  But we must rely
  on the other
  branches  for the resources required to carry out this enormously important
  responsibility.  I am confident that by working in unison, we can overcome
  the grave
  problems that threaten to impede the delivery of justice - today and in the
  future.
  Governor Branstad was escorted from the House Chamber by the
  committee previously appointed.

  Chief Justice McGiverin was escorted from the House Chamber by
  the committee previously appointed.

  Representative Siegrist moved that the joint convention be
  dissolved at 10:34 a.m.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  Tuesday, January 12, 1999, 2:10 p.m.

  Members Present:  Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking
  Member;
  Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy,
  and
  Redwine.

  Members Absent:  Redfern and Schuerer (both excused).

  Committee Business:  Organizational meeting.  Adopted rules, as amended.

  Adjourned:  2:25 p.m.

  WAYS AND MEANS

  Convened:  Wednesday, January 13, 1999, 11:35 a.m.

  Members Present:  Johnson, Chair; McKibben, Vice Chair; Harper, Ranking
  Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti,
  McLaren, Redwine, and Soukup.

  Members Absent:  Maddox (excused).

  Committee Business:  Subcommittee assignments.

  Adjourned:  11:45 a.m.

  COMMITTEE CHANGES

  Senator Iverson announced the following changes in Senate
  committee memberships:

  Senator Jerry Behn will be added to the Business and Labor Relations
  Committee
  Senator Mary Lou Freeman will become the vice chair of the Business and
  Labor
  Relations Committee
  Senator JoAnn Johnson will leave the Transportation Committee and be added
  to
  the Natural Resources and Environment Committee
  Senator Andy McKean will leave the Natural Resources and Environment
  Committee and be added to the Transportation Committee
  Senator Ken Veenstra will leave the Business and Labor Relations Committee
  STUDY BILL RECEIVED

  SSB 1006	Judiciary

  Relating to the form of a name used after marriage.

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Michael T. Gacioch, III, Dubuque - For achieving the rank of Eagle Scout.
  Senator
  Connolly (1/19/99).

  Scott Kilgore, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly
  (1/13/99).

  Dan Kleinschrodt, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly (1/13/99).

  Brett Runde, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly
  (1/13/99).

  SUBCOMMITTEE ASSIGNMENTS

  Senate Joint Resolution 1

  WAYS AND MEANS:  McKibben, Chair; Drake and Flynn

  Senate File 2

  WAYS AND MEANS:  Drake, Chair; Bolkcom and Redwine

  Senate File 6

  WAYS AND MEANS:  Hedge, Chair; Bartz and Deluhery

  Senate File 8

  COMMERCE:  Maddox, Chair; Deluhery and Jensen

  SSB 1006

  JUDICIARY:  Miller, Chair; Hammond and McKean
  COMMITTEE REPORT

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  *SENATE FILE 10 (SSB 1002), a bill for an act relating
  to the
  issuance of nonresident hunting licenses, to the maximum number of deer and
  wild
  turkey hunting licenses issued to nonresidents, and to certain allocations
  of
  nonresident licenses, and providing an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Bartz, King, Fink, Black, Bolkcom, Dearden,
  Deluhery, Drake,
  Freeman, Gaskill, Kibbie, McKean, Miller, Rehberg, and Rife.  Nays, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Natural Resources and Environment Committee on
  Senate File 10, and they were attached to the committee report.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 10:34 a.m.,
  until 9:00 a.m., Thursday, January 14, 1999.
  66	JOURNAL OF THE SENATE	3rd Day
  3rd Day	WEDNESDAY, JANUARY 13, 1999	67

© 1999 Cornell College and League of Women Voters of Iowa

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