Senate File 597 - Introduced SENATE FILE 597 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1262) A BILL FOR An Act relating to appropriations to the judicial branch. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1006SV (1) 89 as/tm
S.F. 597 Section 1. JUDICIAL BRANCH. 1 1. There is appropriated from the general fund of the state 2 to the judicial branch for the fiscal year beginning July 1, 3 2021, and ending June 30, 2022, the following amounts, or so 4 much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For salaries of supreme court justices, appellate court 7 judges, district court judges, district associate judges, 8 associate juvenile judges, associate probate judges, judicial 9 magistrates and staff, state court administrator, clerk of 10 the supreme court, district court administrators, clerks of 11 the district court, juvenile court officers, board of law 12 examiners, board of examiners of shorthand reporters, and 13 commission on judicial qualifications; receipt and disbursement 14 of child support payments; reimbursement of the auditor 15 of state for expenses incurred in completing audits of the 16 offices of the clerks of the district court during the fiscal 17 year beginning July 1, 2021; and maintenance, equipment, and 18 miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $187,312,527 20 b. For deposit in the revolving fund created pursuant to 21 section 602.1302, subsection 3, for jury and witness fees, 22 mileage, costs related to summoning jurors, costs and fees for 23 interpreters and translators, and reimbursement of attorney 24 fees paid by the state public defender: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600,000 26 2. The judicial branch, except for purposes of internal 27 processing, shall use the current state budget system, the 28 state payroll system, and the Iowa finance and accounting 29 system in administration of programs and payments for services, 30 and shall not duplicate the state payroll, accounting, and 31 budgeting systems. 32 3. The judicial branch shall submit monthly financial 33 statements to the legislative services agency and the 34 department of management containing all appropriated accounts 35 -1- LSB 1006SV (1) 89 as/tm 1/ 7
S.F. 597 in the same manner as provided in the monthly financial status 1 reports and personal services usage reports of the department 2 of administrative services. The monthly financial statements 3 shall include a comparison of the dollars and percentage 4 spent of budgeted versus actual revenues and expenditures on 5 a cumulative basis for full-time equivalent positions and 6 dollars. 7 4. The judicial branch shall focus efforts upon the 8 collection of delinquent fines, penalties, court costs, fees, 9 surcharges, or similar amounts. 10 5. It is the intent of the general assembly that the offices 11 of the clerks of the district court operate in all 99 counties 12 and be accessible to the public as much as is reasonably 13 possible in order to address the relative needs of the citizens 14 of each county. An office of the clerk of the district court 15 shall be open regular courthouse hours. 16 6. In addition to the requirements for transfers under 17 section 8.39, the judicial branch shall not change the 18 appropriations from the amounts appropriated to the judicial 19 branch in this Act, unless notice of the revisions is given to 20 the legislative services agency prior to the effective date. 21 The notice shall include information on the judicial branch’s 22 rationale for making the changes and details concerning the 23 workload and performance measures upon which the changes are 24 based. 25 7. The judicial branch shall submit a semiannual update 26 to the legislative services agency specifying the amounts of 27 fines, surcharges, and court costs collected using the Iowa 28 court information system since the last report. The judicial 29 branch shall continue to facilitate the sharing of vital 30 sentencing and other information with other state departments 31 and governmental agencies involved in the criminal justice 32 system through the Iowa court information system. 33 8. The judicial branch shall provide a report to the general 34 assembly by January 1, 2022, concerning the amounts received 35 -2- LSB 1006SV (1) 89 as/tm 2/ 7
S.F. 597 and expended from the enhanced court collections fund created 1 in section 602.1304 and the court technology and modernization 2 fund created in section 602.8108, subsection 7, during the 3 fiscal year beginning July 1, 2020, and ending June 30, 2021, 4 and the plans for expenditures from each fund during the fiscal 5 year beginning July 1, 2021, and ending June 30, 2022. 6 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 7 provision to the contrary, for the fiscal year beginning July 8 1, 2021, and ending June 30, 2022, if all parties in a case 9 agree, a civil trial including a jury trial may take place in a 10 county contiguous to the county with proper jurisdiction, even 11 if the contiguous county is located in an adjacent judicial 12 district or judicial election district. If the trial is moved 13 pursuant to this section, court personnel shall treat the case 14 as if a change of venue occurred. However, if a trial is moved 15 to an adjacent judicial district or judicial election district, 16 the judicial officers serving in the judicial district or 17 judicial election district receiving the case shall preside 18 over the case. 19 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 20 602.1509, for the fiscal year beginning July 1, 2021, and 21 ending June 30, 2022, a judicial officer may waive travel 22 reimbursement for any travel outside the judicial officer’s 23 county of residence to conduct official judicial business. 24 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 25 the annual salary rates for judicial officers established by 26 2019 Iowa Acts, chapter 155, section 6, for the fiscal year 27 beginning July 1, 2021, and ending June 30, 2022, the supreme 28 court may by order place all judicial officers on unpaid leave 29 status on any day employees of the judicial branch are placed 30 on temporary layoff status. The biweekly pay of the judicial 31 officers shall be reduced accordingly for the pay period in 32 which the unpaid leave date occurred in the same manner as 33 for noncontract employees of the judicial branch. Through 34 the course of the fiscal year, the judicial branch may use an 35 -3- LSB 1006SV (1) 89 as/tm 3/ 7
S.F. 597 amount equal to the aggregate amount of salary reductions due 1 to the judicial officer unpaid leave days for any purpose other 2 than for judicial salaries. 3 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 4 of the general assembly that the judicial branch utilize 5 the Iowa communications network or other secure electronic 6 communications in lieu of traveling for the fiscal year 7 beginning July 1, 2021, and ending June 30, 2022. 8 Sec. 6. STATE COURT —— JUSTICES, JUDGES, AND MAGISTRATES. 9 1. The salary rates specified in subsection 2 are for the 10 fiscal year beginning July 1, 2021, effective for the pay 11 period beginning June 25, 2021, and for subsequent fiscal 12 years until otherwise provided by the general assembly. The 13 salaries provided for in this section shall be paid from moneys 14 allocated to the judicial branch from the salary adjustment 15 fund, or if the allocation is not sufficient, from moneys 16 appropriated to the judicial branch pursuant to this Act or any 17 other Act of the general assembly. 18 2. The following annual salary rates shall be paid to the 19 persons holding the judicial positions indicated during the 20 fiscal year beginning July 1, 2021, effective with the pay 21 period beginning June 25, 2021, and for subsequent pay periods. 22 a. Chief justice of the supreme court: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 192,261 24 b. Each justice of the supreme court: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 183,653 26 c. Chief judge of the court of appeals: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 172,175 28 d. Each associate judge of the court of appeals: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166,436 30 e. Each chief judge of a judicial district: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 160,696 32 f. Each district judge except the chief judge of a judicial 33 district: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 154,957 35 -4- LSB 1006SV (1) 89 as/tm 4/ 7
S.F. 597 g. Each district associate judge: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 137,740 2 h. Each associate juvenile judge: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 137,740 4 i. Each associate probate judge: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 137,740 6 j. Each judicial magistrate: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,469 8 k. Each senior judge: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,182 10 3. Persons receiving the salary rates established 11 under this section shall not receive any additional salary 12 adjustments provided by this Act or any other Act of the 13 general assembly. 14 Sec. 7. Section 602.6404, subsection 3, Code 2021, is 15 amended to read as follows: 16 3. A magistrate shall be an attorney licensed to practice 17 law in this state. However, a magistrate not admitted to 18 the practice of law in this state and who is holding office 19 on April 1, 2009, shall be eligible to be reappointed as a 20 magistrate in the same county for a term commencing August 1, 21 2009, and for subsequent successive terms. 22 4. Notwithstanding subsection 3, if the county magistrate 23 appointing commission of a county does not receive an 24 application from a qualified attorney licensed to practice law 25 in this state, the county magistrate appointing commission may 26 republish notice of the vacancy to be filled, as specified 27 in section 602.6403, subsection 2, and may consider the 28 appointment of a person who is not an attorney licensed to 29 practice law in this state. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill makes appropriations to the judicial branch. 34 The bill appropriates from the general fund of the state for 35 -5- LSB 1006SV (1) 89 as/tm 5/ 7
S.F. 597 FY 2021-2022 to the judicial branch for salaries, receipt and 1 disbursement of child support payments, reimbursement of the 2 auditor of state, maintenance, equipment, and miscellaneous 3 purposes, and for deposit in the revolving fund created 4 pursuant to Code section 602.1302(3) for certain purposes. 5 The bill provides that a civil trial including a jury trial 6 may take place in a county contiguous to the county with proper 7 jurisdiction, even if the contiguous county is located in an 8 adjacent judicial district or judicial election district, if 9 all the parties in a case agree. If a trial is moved to another 10 county that is located in another judicial district or judicial 11 election district, the judicial officers serving the judicial 12 district or judicial election district receiving the case shall 13 preside over the case. 14 The bill permits a judicial officer to waive travel 15 reimbursement for any travel outside the judicial officer’s 16 county of residence to conduct official business. 17 The bill allows a judicial officer to be placed on unpaid 18 leave for the fiscal year beginning July 1, 2021, on any day a 19 court employee is required to furlough. The bill provides that 20 if a judicial officer is placed on unpaid leave, the salary of 21 the judicial officer shall be reduced accordingly for the pay 22 period in which the unpaid leave occurred. Through the course 23 of the fiscal year, the bill provides that the judicial branch 24 may use an amount equal to the aggregate amount of the salary 25 reductions due to judicial officer unpaid leave for any purpose 26 other than judicial salaries. 27 The bill states legislative intent that the judicial 28 branch utilize the Iowa communications network or other secure 29 electronic communications in lieu of traveling. 30 The bill provides annual salary rates to be paid the chief 31 justice and justices of the supreme court, the chief judge 32 and judges of the court of appeals, the chief judge of each 33 judicial district, district and district associate judges, 34 associate juvenile and associate probate judges, judicial 35 -6- LSB 1006SV (1) 89 as/tm 6/ 7
S.F. 597 magistrates, and senior judges. The new salary rates become 1 effective for the pay period beginning June 25, 2021, and apply 2 until otherwise provided by the general assembly. 3 The bill provides that a magistrate not admitted to 4 practice law in the state but who is holding office on April 5 1, 2009, is eligible to be reappointed as a magistrate in 6 the same county for a term commencing August 1, 2009, and 7 for subsequent successive terms. The bill further provides 8 that notwithstanding the requirement that a magistrate must 9 be an attorney licensed to practice law in this state, if the 10 county magistrate appointing commission of a county does not 11 receive an application from a qualified attorney licensed to 12 practice law in this state, the county magistrate appointing 13 commission may republish notice of the vacancy to be filled and 14 may consider the appointment of a person who is not an attorney 15 licensed to practice law in this state. 16 -7- LSB 1006SV (1) 89 as/tm 7/ 7