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
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1006SV
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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
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.
$187,312,527
20
b.
For
deposit
in
the
revolving
fund
created
pursuant
to
21
section
602.1302,
subsection
3,
for
jury
and
witness
fees,
22
mileage,
costs
related
to
summoning
jurors,
costs
and
fees
for
23
interpreters
and
translators,
and
reimbursement
of
attorney
24
fees
paid
by
the
state
public
defender:
25
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$
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
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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
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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
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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
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$
192,261
24
b.
Each
justice
of
the
supreme
court:
25
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$
183,653
26
c.
Chief
judge
of
the
court
of
appeals:
27
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$
172,175
28
d.
Each
associate
judge
of
the
court
of
appeals:
29
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$
166,436
30
e.
Each
chief
judge
of
a
judicial
district:
31
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$
160,696
32
f.
Each
district
judge
except
the
chief
judge
of
a
judicial
33
district:
34
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$
154,957
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g.
Each
district
associate
judge:
1
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$
137,740
2
h.
Each
associate
juvenile
judge:
3
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$
137,740
4
i.
Each
associate
probate
judge:
5
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$
137,740
6
j.
Each
judicial
magistrate:
7
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$
42,469
8
k.
Each
senior
judge:
9
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$
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
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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
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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.
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