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Senate Journal: Wednesday, January 12, 2000


  Senate Chamber
  Des Moines, Iowa, Wednesday, January 12, 2000

  The Senate met in regular session at 9:11 a.m., President Kramer

  Prayer was offered by the Reverend Gary Bird, pastor of the
  Windsor United Methodist Church, Des Moines, Iowa, guest of
  Senator Maddox.

  The Journal of Tuesday, January 11, 2000, was approved.

  The Senate stood at ease at 9:18 a.m. until the fall of the gavel.

  The Senate resumed session at 9:47 a.m., President Kramer


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

  In accordance with House Concurrent Resolution 102, duly
  adopted, the Senate proceeded to the House Chamber under the
  direction of the Secretary of the Senate and the Sergeant-at-Arms.


  In accordance with law and House Concurrent Resolution 102,
  duly adopted, the joint convention was called to order at 9:58 a.m.,
  President Kramer presiding.
  Senator Bartz 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 Bartz moved that a committee of six, three members from
  the Senate and three members from the House, be appointed to escort
  Governor Thomas J. Vilsack to the Condition of the Iowa Judiciary

  The motion prevailed by a voice vote and the Chair announced the
  appointment of Senators Hedge, Tinsman, and Dearden on the part
  of the Senate, and Representatives Thomson, Welter, and Whitead on
  the part of the House.

  Senator Bartz 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 Redfern, Lamberti, and Fraise on the part of
  the Senate, and Representatives Garman, Shey, and Kreiman on the
  part of the House.

  The following guests were escorted into the House Chamber:

  Secretary of State Chester J. Culver, Treasurer of State Michael
  Fitzgerald, Secretary of Agriculture and Land Stewardship Patty
  Judge, and State Auditor Richard Johnson.

  Chief Justice McGiverin and Justices of the Supreme Court and
  Chief Judge Sackett and Judges of the Court of Appeals.

  Mrs. Joan McGiverin, wife of Chief Justice McGiverin, from
  Ottumwa; his niece, Phyllis Martin, and her husband, Ralph Martin,
  from California; his nephew, Terry McGiverin, from Virginia; his
  cousin, Ed McGivern, and Mrs. Jo McGivern from Keystone, Iowa.
  The committee waited upon Governor Vilsack 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:

  President Kramer, Speaker Siegrist, distinguished members of the General
  Assembly, Governor Vilsack, Lieutenant Governor Pederson, State Officials,
  Colleagues, friends, and my fellow Iowans:

  On behalf of the court and all judges and court personnel across Iowa, I
  want to
  thank President Kramer and Speaker Siegrist for the invitation to speak to
  you about
  the condition of the Iowa Judicial Branch.  The court regards this yearly
  report as its
  best occasion to share with you, indeed with the people of Iowa, our
  assessment of the
  state's justice system.

  There are a few matters I should mention before I begin my main remarks.

  I want to recognize the newest members of the Iowa Court of Appeals:  Judge
  Hecht of Sioux City, Judge John Miller of Burlington, and Judge Anuradha
  Vaitheswaran of Des Moines; and our two newest chief judges, William Eads of
  Sixth Judicial District and David Hendrickson of the Eighth Judicial

  You are all invited to join us for refreshments and conversation downstairs
  in the
  courtroom following this address.  During the reception, we will take a few
  minutes to
  present our annual Child Advocate of the Year Award to a very deserving
  couple, foster
  parents Pat and Terry Crosley of Audubon.  The Crosleys' unwavering devotion
  dozens of foster children is a shining example of the power of caring for

  Also, we have set up displays about special court programs and court
  technology in
  the hall outside the courtroom.  We hope you'll spend some time browsing
  them and see some of the things we are doing to better serve the people who
  use the

  Finally, I want to speak to you for a moment, not as Chief Justice, but as
  McGiverin.  The first time I gave this address was in 1988, and this is last
  time I will
  do so because I will retire later this year.  It has been an honor and a
  personal privilege
  to visit with you each year.  I want to thank the members of the legislative
  staff for
  their thoughtful attention when making the arrangements for this address;
  members of the general assembly for the many courtesies you have extended to
  over the years; and the other justices for their ideas, editorial
  contributions, and
  support.  And I would be remiss if I overlooked the most important thank you
  of all, to
  my wife Joan, for sharing this day with me for the past twelve years.

  I must confess that earlier, while I was being escorted up the grand
  staircase, my
  mind wandered from the state of the judiciary to our beautiful Capitol
  building.  From
  its solid stone foundation, to its elegant decorations, and soaring golden
  dome, many
  people have contributed to this masterpiece.  Their vision, hard work, and
  commitment, reflected in this magnificent building, are a source of
  inspiration for us
  and for future generations.

  Like the Capitol, the Iowa Judicial Branch has benefited from the vision,
  work, and commitment of many people, past and present.  Visionaries from the
  designed the timeless values upon which it is grounded.  Its structure and
  operating system have been developed over time to meet the needs of the
  people it
  serves.  And like the Capitol, the courts' most significant innovations have
  taken place
  in the past thirty years.  For example:

  Together, in the 1970s, we forged a number of changes that streamlined case
  processing, modernized court management, and eliminated a hodgepodge of

  At our prompting in the 1980s, you provided for state funding of the court
  thereby lifting a heavy burden off the backs of property taxpayers, and
  equalizing local
  court resources around the state.

  With your backing in the 1980s and 1990s, we advanced information technology
  throughout the state's court system to add management and case-processing
  efficiencies, collect vital court information, and facilitate public access.

  And with your cooperation, we greatly enhanced the development of Iowa case
  and the disposition of appeals by creating the Iowa Court of Appeals in
  1976, and more
  recently, restructuring the appellate courts.

  The end of the 20th century represented a culmination of innovation and
  reform for
  the Iowa Judicial Bran