H.F. _____ DIVISION I 1 FY 2023-2024 APPROPRIATIONS 2 Section 1. JUDICIAL BRANCH. 3 1. There is appropriated from the general fund of the state 4 to the judicial branch for the fiscal year beginning July 1, 5 2023, and ending June 30, 2024, the following amounts, or so 6 much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For salaries of supreme court justices, appellate court 9 judges, district court judges, district associate judges, 10 associate juvenile judges, associate probate judges, judicial 11 magistrates and staff, state court administrator, clerk of 12 the supreme court, district court administrators, clerks of 13 the district court, juvenile court officers, board of law 14 examiners, board of examiners of shorthand reporters, and 15 commission on judicial qualifications; receipt and disbursement 16 of child support payments; reimbursement of the auditor 17 of state for expenses incurred in completing audits of the 18 offices of the clerks of the district court during the fiscal 19 year beginning July 1, 2023; and maintenance, equipment, and 20 miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $194,469,897 22 (1) Of the moneys appropriated in this lettered paragraph, 23 no more than $250,000 is allocated for reimbursement to the 24 indigent defense fund created in section 815.11 for travel 25 time claims as required under section 815.7A, subsection 26 2, if enacted by a 2023 Iowa Act relating to and making 27 appropriations to the justice system. 28 (2) From the moneys appropriated in this lettered 29 paragraph, the judicial branch shall fund the appointment of 30 four new district associate judge positions and the associated 31 support staff. 32 b. For deposit in the revolving fund created pursuant to 33 section 602.1302, subsection 3, for jury and witness fees, 34 mileage, costs related to summoning jurors, costs and fees for 35 -1- LSB 1006YC (7) 90 cm/ns 1/ 12

H.F. _____ interpreters and translators, and reimbursement of attorney 1 fees paid by the state public defender: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600,000 3 c. For payment of expenses for court-ordered services 4 provided to juveniles who are under the supervision of juvenile 5 court services, which expenses are a charge upon the state 6 pursuant to section 232.141, subsection 4: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,290,000 8 (1) Of the moneys appropriated in this lettered paragraph, 9 no more than $1,556,000 is allocated to provide school-based 10 supervision of children under chapter 232, of which no more 11 than $15,000 may be used for purposes of training. A portion 12 of the cost of each school-based liaison officer shall be paid 13 by the school district or other funding source as approved by 14 the chief juvenile court officer. 15 (2) Of the moneys appropriated in this lettered paragraph, 16 no more than $748,000 is allocated for the payment of expenses 17 for court-ordered services provided to children who are under 18 the supervision of the department of health and human services, 19 which expenses are a charge upon the state pursuant to section 20 232.141, subsection 4. 21 (3) Notwithstanding section 232.141 or any other provision 22 of law to the contrary, the moneys appropriated in this 23 lettered paragraph shall be distributed to the judicial 24 districts as determined by the state court administrator. The 25 state court administrator shall make the determination of the 26 distribution amounts on or before June 15, 2023. 27 (4) Notwithstanding chapter 232 or any other provision of 28 law to the contrary, a district or juvenile court shall not 29 order any service which is a charge upon the state pursuant 30 to section 232.141 if there are insufficient court-ordered 31 services moneys available in the district court distribution 32 amounts to pay for the service. The chief juvenile court 33 officer shall encourage use of the moneys appropriated in this 34 lettered paragraph such that there are sufficient moneys to pay 35 -2- LSB 1006YC (7) 90 cm/ns 2/ 12

H.F. _____ for all court-ordered services during the entire fiscal year. 1 The chief juvenile court officer shall attempt to anticipate 2 potential surpluses and shortfalls in the distribution amounts 3 and shall cooperatively request the state court administrator 4 to transfer moneys between the judicial districts’ distribution 5 amounts as prudent. 6 (5) Notwithstanding any provision of law to the contrary, 7 a district or juvenile court shall not order a county to pay 8 for any service provided to a juvenile pursuant to an order 9 entered under chapter 232 which is a charge upon the state 10 under section 232.141, subsection 4. 11 (6) Of the moneys appropriated in this lettered paragraph, 12 no more than $83,000 may be used by the judicial branch 13 for administration of the requirements under this lettered 14 paragraph. 15 (7) Of the moneys appropriated in this lettered paragraph, 16 $23,000 is allocated to the judicial branch to support the 17 interstate commission for juveniles in accordance with the 18 interstate compact for juveniles as provided in section 19 232.173. 20 d. For juvenile justice delinquency prevention pursuant to 21 section 232.192, if enacted by 2023 Iowa Acts, Senate File 285 22 or House File 699, or if not enacted, for juvenile delinquent 23 graduated sanctions services pursuant to section 232.192, as 24 enacted by 2022 Iowa Acts, chapter 1098, section 70: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,253,000 26 Any state moneys saved as a result of efforts by juvenile 27 court services to earn a federal fund match pursuant to Tit. 28 IV-E of the federal Family First Prevention Services Act 29 of 2018, Pub. L. No. 115-123, for juvenile court services 30 administration is appropriated to the judicial branch for 31 purposes of this lettered paragraph. 32 2. The judicial branch, except for purposes of internal 33 processing, shall use the current state budget system, the 34 state payroll system, and the Iowa finance and accounting 35 -3- LSB 1006YC (7) 90 cm/ns 3/ 12

H.F. _____ system in administration of programs and payments for services, 1 and shall not duplicate the state payroll, accounting, and 2 budgeting systems. 3 3. The judicial branch shall submit monthly financial 4 statements to the legislative services agency and the 5 department of management containing all appropriated accounts 6 in the same manner as provided in the monthly financial status 7 reports and personal services usage reports of the department 8 of administrative services. The monthly financial statements 9 shall include a comparison of the dollars and percentage 10 spent of budgeted versus actual revenues and expenditures on 11 a cumulative basis for full-time equivalent positions and 12 dollars. 13 4. The judicial branch shall focus efforts upon the 14 collection of delinquent fines, penalties, court costs, fees, 15 surcharges, or similar amounts. 16 5. It is the intent of the general assembly that the offices 17 of the clerks of the district court operate in all 99 counties 18 and be accessible to the public as much as is reasonably 19 possible in order to address the relative needs of the citizens 20 of each county. An office of the clerk of the district court 21 shall be open regular courthouse hours. 22 6. In addition to the requirements for transfers under 23 section 8.39, the judicial branch shall not change the 24 appropriations from the amounts appropriated to the judicial 25 branch in this division of this Act, unless notice of the 26 revisions is given to the legislative services agency prior 27 to the effective date. The notice shall include information 28 on the judicial branch’s rationale for making the changes and 29 details concerning the workload and performance measures upon 30 which the changes are based. 31 7. The judicial branch shall submit a semiannual update 32 to the legislative services agency specifying the amounts of 33 fines, surcharges, and court costs collected using the Iowa 34 court information system since the last report. The judicial 35 -4- LSB 1006YC (7) 90 cm/ns 4/ 12

H.F. _____ branch shall continue to facilitate the sharing of vital 1 sentencing and other information with other state departments 2 and governmental agencies involved in the criminal justice 3 system through the Iowa court information system. 4 8. The judicial branch shall provide a report to the general 5 assembly by January 1, 2024, concerning the amounts received 6 and expended from the court technology and modernization fund 7 created in section 602.8108, subsection 7, during the fiscal 8 year beginning July 1, 2022, and ending June 30, 2023, and the 9 plans for expenditures from each fund during the fiscal year 10 beginning July 1, 2023, and ending June 30, 2024. 11 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 12 provision to the contrary, for the fiscal year beginning July 13 1, 2023, and ending June 30, 2024, if all parties in a case 14 agree, a civil trial including a jury trial may take place in a 15 county contiguous to the county with proper jurisdiction, even 16 if the contiguous county is located in an adjacent judicial 17 district or judicial election district. If the trial is moved 18 pursuant to this section, court personnel shall treat the case 19 as if a change of venue occurred. 20 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 21 602.1509, for the fiscal year beginning July 1, 2023, and 22 ending June 30, 2024, a judicial officer may waive travel 23 reimbursement for any travel outside the judicial officer’s 24 county of residence to conduct official judicial business. 25 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 26 the annual salary rates for judicial officers established by 27 2022 Iowa Acts, chapter 1145, section 6, for the fiscal year 28 beginning July 1, 2023, and ending June 30, 2024, the supreme 29 court may by order place all judicial officers on unpaid leave 30 status on any day employees of the judicial branch are placed 31 on temporary layoff status. The biweekly pay of the judicial 32 officers shall be reduced accordingly for the pay period in 33 which the unpaid leave date occurred in the same manner as 34 for noncontract employees of the judicial branch. Through 35 -5- LSB 1006YC (7) 90 cm/ns 5/ 12

H.F. _____ the course of the fiscal year, the judicial branch may use an 1 amount equal to the aggregate amount of salary reductions due 2 to the judicial officer unpaid leave days for any purpose other 3 than for judicial salaries. 4 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 5 of the general assembly that the judicial branch utilize 6 the Iowa communications network or other secure electronic 7 communications in lieu of traveling for the fiscal year 8 beginning July 1, 2023, and ending June 30, 2024. 9 DIVISION II 10 APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES 11 Sec. 6. Section 602.6301, Code 2023, is amended to read as 12 follows: 13 602.6301 Number and apportionment of district associate 14 judges. 15 1. There shall be one district associate judge in counties 16 having a population of more than thirty-five thousand and less 17 than eighty thousand; two in counties having a population of 18 eighty thousand or more and less than one hundred twenty-five 19 thousand; three in counties having a population of one 20 hundred twenty-five thousand or more and less than one hundred 21 seventy thousand; four in counties having a population of one 22 hundred seventy thousand or more and less than two hundred 23 fifteen thousand; five in counties having a population of two 24 hundred fifteen thousand or more and less than two hundred 25 sixty thousand; six in counties having a population of two 26 hundred sixty thousand or more and less than three hundred 27 five thousand; seven in counties having a population of three 28 hundred five thousand or more and less than three hundred 29 fifty thousand; eight in counties having a population of three 30 hundred fifty thousand or more and less than three hundred 31 ninety-five thousand; nine in counties having a population of 32 three hundred ninety-five thousand or more and less than four 33 hundred forty thousand; ten in counties having a population of 34 four hundred forty thousand or more and less than four hundred 35 -6- LSB 1006YC (7) 90 cm/ns 6/ 12

H.F. _____ eighty-five thousand; and one additional judge for every 1 population increment of thirty-five thousand which is over 2 four hundred eighty-five thousand in such counties. However, 3 a county shall not lose a district associate judgeship solely 4 because of a reduction in the county’s population. If the 5 formula provided in this section results in the allocation 6 of an additional district associate judgeship to a county, 7 implementation of the allocation shall be subject to prior 8 approval of the supreme court and availability of funds to the 9 judicial branch. The supreme court shall prescribe, subject 10 to the restrictions of this section, a formula to determine 11 the number of district associate judges who will serve in each 12 judicial election district. The formula shall be based upon 13 a model that measures and applies an estimated case-related 14 workload formula of judicial officers, and shall account for 15 administrative duties, travel time, and other judicial duties 16 not related to a specific case. A district associate judge 17 appointed pursuant to section 602.6302 or 602.6307 shall not 18 be counted for purposes of this section and the reduction of 19 a district associate judge pursuant to section 602.6303 also 20 shall not be counted for purposes of this section . 21 2. For purposes of this section, “vacancy” means the death, 22 resignation, retirement, or removal of a district associate 23 judge, or the failure of a district associate judge to be 24 retained in office at the judicial election, or an increase in 25 judgeships under the formula prescribed in subsection 1. 26 3. In those judicial election districts having more 27 district associate judges than the number of judgeships 28 specified by the formula prescribed in subsection 1, vacancies 29 shall not be filled. 30 4. In those judicial election districts having fewer or 31 the same number of district associate judges as the number of 32 judgeships specified by the formula prescribed in subsection 1, 33 vacancies shall be filled as the vacancies occur. 34 5. In those judicial districts that contain more than one 35 -7- LSB 1006YC (7) 90 cm/ns 7/ 12

H.F. _____ judicial election district, a vacancy in a judicial election 1 district shall not be filled if the total number of district 2 associate judges in all judicial election districts within 3 the judicial district equals or exceeds the aggregate number 4 of judgeships to which all of the judicial election districts 5 of the judicial district are authorized by the formula in 6 subsection 1. 7 6. An incumbent district associate judge shall not be 8 removed from office because of a reduction in the number of 9 authorized judgeships specified by the formula prescribed in 10 subsection 1. 11 DIVISION III 12 VIDEO RECORDINGS 13 Sec. 7. Section 602.3205, Code 2023, is amended to read as 14 follows: 15 602.3205 Audio and video recordings. 16 1. Except as provided in subsection 2 or 3 , a certified 17 shorthand reporter’s audio and video recordings used solely 18 for the purpose of providing a verbatim written transcript of 19 a court proceeding or a proceeding conducted in anticipation 20 of use in a court proceeding shall be considered the personal 21 property and private work product of the certified shorthand 22 reporter. 23 2. An audio or video recording of a certified shorthand 24 reporter appointed under section 602.6603 shall be provided to 25 the presiding judge or chief judge for an in camera review upon 26 court order for good cause shown. 27 3. a. An audio or video recording of a certified shorthand 28 reporter shall be provided to the board upon request by the 29 board if a disciplinary proceeding is pending regarding the 30 certified shorthand reporter who is a respondent under the 31 provisions of section 602.3203 or the rules of the board of 32 examiners of shorthand reporters, Iowa court rules, ch. 46 . 33 b. The audio and video recordings provided to the board 34 pursuant to this subsection shall be kept confidential by the 35 -8- LSB 1006YC (7) 90 cm/ns 8/ 12

H.F. _____ board in a manner as provided in section 272C.6, subsection 4 . 1 DIVISION IV 2 NONCONTRACT ATTORNEY APPOINTMENT 3 Sec. 8. NONCONTRACT ATTORNEY APPOINTMENT. For the fiscal 4 year beginning July 1, 2023, and ending June 30, 2024, a court 5 shall not appoint a noncontract attorney under section 815.10, 6 subsection 3, without the noncontract attorney’s consent. 7 DIVISION V 8 CONTRACTING AUTHORITY 9 Sec. 9. NEW SECTION . 602.1209A State court administrator 10 may contractually limit vendor liability. 11 1. The state court administrator may authorize the 12 procurement of goods and services in which a contractual 13 limitation of vendor liability is provided for and set forth in 14 the documents initiating the procurement. 15 2. a. The state court administrator shall consider all of 16 the following criteria when determining whether to permit a 17 contractual limitation of vendor liability with regard to any 18 procurement of goods or services: 19 (1) Whether authorizing a contractual limitation of vendor 20 liability is necessary to prevent harm to the state from 21 a failure to obtain the goods or services sought, or from 22 obtaining the goods or services at a higher price if the state 23 refuses to allow a contractual limitation of vendor liability. 24 (2) Whether the contractual limitation of vendor liability 25 is commercially reasonable when taking into account any risk to 26 the state created by the goods or services to be procured and 27 the purpose for which they will be used. 28 b. The state court administrator may consider additional 29 criteria. 30 3. Notwithstanding subsection 1, a contractual limitation 31 of vendor liability shall not include any limitation on the 32 liability of any vendor for intentional torts, criminal acts, 33 or fraudulent conduct. 34 EXPLANATION 35 -9- LSB 1006YC (7) 90 cm/ns 9/ 12

H.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to the judicial branch. 3 FY 2023-2024 APPROPRIATIONS. The bill appropriates moneys 4 from the general fund of the state for FY 2023-2024 to the 5 judicial branch for salaries, receipt and disbursement of 6 child support payments, reimbursement of the auditor of state, 7 maintenance, equipment, miscellaneous purposes, deposit in the 8 revolving fund created pursuant to Code section 602.1302(3) for 9 certain purposes, payment of court-ordered juvenile services, 10 and juvenile delinquent programs and services. 11 The bill provides that a civil trial including a jury trial 12 may take place in a county contiguous to the county with proper 13 jurisdiction, even if the contiguous county is located in an 14 adjacent judicial district or judicial election district, if 15 all the parties in a case agree. If a trial is moved to another 16 county that is located in another judicial district or judicial 17 election district, the judicial officers serving the judicial 18 district or judicial election district receiving the case shall 19 preside over the case. 20 The bill permits a judicial officer to waive travel 21 reimbursement for any travel outside the judicial officer’s 22 county of residence to conduct official business. 23 The bill allows a judicial officer to be placed on unpaid 24 leave on any day a court employee is required to furlough. 25 The bill provides that if a judicial officer is placed on 26 unpaid leave, the salary of the judicial officer shall be 27 reduced accordingly for the pay period in which the unpaid 28 leave occurred. The bill provides that the judicial branch 29 may use an amount equal to the aggregate amount of the salary 30 reductions due to judicial officer unpaid leave for any purpose 31 other than judicial salaries. 32 The bill states legislative intent that the judicial 33 branch utilize the Iowa communications network or other secure 34 electronic communications in lieu of traveling. 35 -10- LSB 1006YC (7) 90 cm/ns 10/ 12

H.F. _____ APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES. The bill 1 provides for a new formula to be prescribed by the Iowa supreme 2 court for apportioning district associate judges based upon 3 a weighted workload. Under current law, district associate 4 judges are apportioned based upon county population. 5 The bill provides that in judicial election districts 6 that currently have more district associate judges than the 7 new formula prescribes, vacancies shall not be filled, while 8 districts having fewer or the same shall fill vacancies as 9 they occur. In judicial districts that contain more than one 10 judicial election district, a vacancy in a judicial election 11 district shall not be filled if the total number of district 12 associate judges in all judicial election districts within 13 the judicial district equals or exceeds the aggregate number 14 of judgeships to which all of the judicial election districts 15 of the judicial district are authorized. Incumbents shall 16 not be removed because of a reduction in number of authorized 17 judgeships. 18 VIDEO RECORDINGS. The bill adds video recordings to 19 Code section 602.3205 (certified shorthand reporter audio 20 recordings). The bill provides that a certified shorthand 21 reporter’s audio and video recordings used solely for the 22 purpose of providing a verbatim written transcript of a court 23 proceeding or a proceeding conducted in anticipation of use in 24 a court proceeding shall be considered the personal property 25 and private work product of the certified shorthand reporter, 26 except that an audio or video recording of a certified 27 shorthand reporter shall be provided to the presiding judge 28 or chief judge for an in camera review upon court order 29 for good cause shown and an audio or video recording of a 30 certified shorthand reporter shall be provided to the board of 31 examiners of shorthand reporters upon request by the board if 32 a disciplinary proceeding is pending regarding the certified 33 shorthand reporter. 34 NONCONTRACT ATTORNEY APPOINTMENT. For FY 2023-2024, the 35 -11- LSB 1006YC (7) 90 cm/ns 11/ 12

H.F. _____ bill prohibits a court from appointing a noncontract attorney 1 under Code section 815.10(3) without the attorney’s consent. 2 CONTRACTING AUTHORITY. The bill allows the state court 3 administrator to enter into contracts with vendors that include 4 limitations of liability for the vendors, after considering 5 certain criteria set forth in the bill. However, the bill 6 prohibits limitations of liability for any intentional torts, 7 criminal acts, or fraudulent conduct by the vendor. 8 -12- LSB 1006YC (7) 90 cm/ns 12/ 12