Senate Journal: Wednesday, January 12, 2000
THIRD CALENDAR DAY
THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, January 12, 2000
The Senate met in regular session at 9:11 a.m., President Kramer
presiding.
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
presiding.
COMMITTEE FROM THE HOUSE
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.
JOINT CONVENTION
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
Message.
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,
Judicial
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
Daryl
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
the
Sixth Judicial District and David Hendrickson of the Eighth Judicial
District.
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
to
dozens of foster children is a shining example of the power of caring for
others.
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
through
them and see some of the things we are doing to better serve the people who
use the
courts.
Finally, I want to speak to you for a moment, not as Chief Justice, but as
Art
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;
the
members of the general assembly for the many courtesies you have extended to
me
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,
hard
work, and commitment of many people, past and present. Visionaries from the
past
designed the timeless values upon which it is grounded. Its structure and
complex
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
obsolete
judgeships.
At our prompting in the 1980s, you provided for state funding of the court
system,
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
law
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