Senate File 2394 - Introduced SENATE FILE 2394 BY COMMITTEE ON GOVERNMENT OVERSIGHT (SUCCESSOR TO SSB 3098) A BILL FOR An Act relating to the custody and control of courthouses and 1 to physical facilities provided by a city or county to the 2 district court. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5211SV (1) 88 jm/jh

S.F. 2394 Section 1. Section 331.382, subsection 7, Code 2020, is 1 amended to read as follows: 2 7. If a law library is provided in the county courthouse, 3 judges of the district court of the county shall supervise and 4 control the law library the board shall supervise and control 5 the law library in a manner that aids judicial operations . 6 Sec. 2. Section 331.502, subsection 1, Code 2020, is amended 7 to read as follows: 8 1. Have general custody and control of the courthouse, 9 subject to the direction of the board. 10 Sec. 3. Section 602.1303, subsection 1, Code 2020, is 11 amended by adding the following new paragraph: 12 NEW PARAGRAPH . d. The physical facilities provided by a 13 county or city pursuant to this subsection shall remain the 14 sole property of the county or city, and shall be subject 15 to the exclusive control of the county or city. The county 16 or city shall provide physical security for, and shall 17 control physical access to, such facilities in a manner that 18 aids judicial operations. The county board of supervisors 19 or the city council’s determination of the adequacy and 20 reasonableness of the security and accessibility of the 21 physical facilities shall be nonjusticiable, and a court shall 22 not have jurisdiction to adjudicate such a dispute. 23 Sec. 4. Section 602.1303, subsection 8, Code 2020, is 24 amended to read as follows: 25 8. If a county board of supervisors , with the approval 26 of the supreme court, elects not to maintain space for the 27 district court, the county may enter into an agreement with a 28 contiguous county in the same judicial district to share the 29 costs under subsections 1 through 7 . For the purposes of this 30 subsection , two counties are contiguous if they share a common 31 boundary, including a corner. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5211SV (1) 88 jm/jh 1/ 3

S.F. 2394 This bill relates to the custody and control of courthouses 1 and to physical facilities provided by a city or county to the 2 district court. 3 Currently, the county auditor has general custody and 4 control of the courthouse, subject to the direction of the 5 county board of supervisors. The bill strikes the “general 6 custody and control” provision and makes the county auditor 7 the person who has custody and control of a courthouse, 8 subject to the direction of the county board of supervisors. 9 The bill provides that if a law library is provided in the 10 county courthouse, the board of supervisors shall supervise 11 and control the law library in a manner that aids judicial 12 operations. 13 Currently, Code section 602.1303 provides that a county or 14 city shall provide for the district court of the county with 15 physical facilities, which in the judgment of the governing 16 body are suitable for the district court. Furthermore, the 17 Code section provides that if the county board of supervisors 18 decides not to keep space for the district court, subject to 19 the approval of the supreme court, the county may enter into 20 an agreement with a contiguous county in the same judicial 21 district to share costs in providing physical facilities for 22 a district court. 23 The bill provides that the physical facilities remain the 24 sole property of the county or city and shall be subject to 25 the exclusive control of the county or city, and that the 26 county or city shall provide physical security for, and shall 27 control physical access to, such facilities in a manner that 28 aids judicial operations. The bill provides that the county 29 board of supervisors or the city council’s determination of the 30 adequacy and reasonableness of the security and accessibility 31 of the physical facilities shall be nonjusticiable, and that a 32 court does not have jurisdiction to hear a matter involving the 33 adequacy or reasonableness of the facilities. 34 The bill provides that a county board of supervisors does not 35 -2- LSB 5211SV (1) 88 jm/jh 2/ 3

S.F. 2394 need the approval of the supreme court to elect not to maintain 1 court space and to enter into an agreement with a contiguous 2 county to share court costs. 3 -3- LSB 5211SV (1) 88 jm/jh 3/ 3