HSB 340 (LSB 1006YC (7) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON MOHR)

A BILL FOR

An Act relating to and making appropriations to the judicial branch, including juror compensation and judicial officer salaries, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
FY 2025-2026 APPROPRIATIONS
    Section 1.  JUDICIAL BRANCH.
   1.  There is appropriated from the general fund of the state to the judicial branch for the fiscal year beginning July 1, 2025, and ending June 30, 2026, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   a.  For salaries of supreme court justices, appellate court judges, district court judges, district associate judges, associate juvenile judges, associate probate judges, judicial magistrates and staff, state court administrator, clerk of the supreme court, district court administrators, clerks of the district court, juvenile court officers, board of law examiners, board of examiners of shorthand reporters, and commission on judicial qualifications; receipt and disbursement of child support payments; reimbursement of the auditor of state for expenses incurred in completing audits of the offices of the clerks of the district court during the fiscal year beginning July 1, 2025; and maintenance, equipment, and miscellaneous purposes:
   ...................................................................... $203,899,106

   b.  For deposit in the revolving fund created pursuant to section 602.1302, subsection 3, for jury and witness fees, mileage, costs related to summoning jurors, costs and fees for interpreters and translators, and reimbursement of attorney fees paid by the state public defender:
   ...................................................................... $  4,408,425

   c.  For payment of expenses for court-ordered services provided to juveniles who are under the supervision of juvenile court services, which expenses are a charge upon the state pursuant to section 232.141, subsection 4:
   ...................................................................... $  3,290,000

   (1)  Of the moneys appropriated in this lettered paragraph, no more than $1,556,000 is allocated to provide school-based supervision of children under chapter 232, of which no more than $25,000 may be used for purposes of training.
   (2)  Notwithstanding section 232.141 or any other provision of law to the contrary, the moneys appropriated in this lettered paragraph shall be distributed to the judicial districts as determined by the state court administrator. The state court administrator shall make the determination of the distribution amounts within thirty days of the date on which the annual census data is released.
   (3)  Notwithstanding chapter 232 or any other provision of law to the contrary, a district or juvenile court shall not order any service which is a charge upon the state pursuant to section 232.141 if there are insufficient court-ordered services moneys available in the district court distribution amounts to pay for the service. The chief juvenile court officer shall encourage use of the moneys appropriated in this lettered paragraph such that there are sufficient moneys to pay for all court-ordered services during the entire fiscal year. The chief juvenile court officer shall attempt to anticipate potential surpluses and shortfalls in the distribution amounts and shall cooperatively request the state court administrator to transfer moneys between the judicial districts’ distribution amounts as prudent.
   (4)  Notwithstanding any provision of law to the contrary, a district or juvenile court shall not order a county to pay for any service provided to a juvenile pursuant to an order entered under chapter 232 which is a charge upon the state under section 232.141, subsection 4.
   (5)  Of the moneys appropriated in this lettered paragraph, no more than $83,000 may be used by the judicial branch for administration of the requirements under this lettered paragraph.
   (6)  Of the moneys appropriated in this lettered paragraph, an amount not to exceed the actual cost of the annual membership fee is allocated to the judicial branch to support the interstate commission for juveniles in accordance with the interstate compact for juveniles as provided in section 232.173.
   (7)  Notwithstanding section 8.33, moneys appropriated in this lettered paragraph that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1, 2028.
   d.  For juvenile delinquent graduated sanctions services pursuant to section 232.192:
   ...................................................................... $ 12,253,000

   (1)  Any state moneys saved as a result of efforts by juvenile court services to earn a federal fund match pursuant to Tit. IV-E of the federal Family First Prevention Services Act of 2018, Pub. L. No. 115-123, for juvenile court services administration is appropriated to the judicial branch for purposes of this lettered paragraph.
   (2)  Notwithstanding section 8.33, moneys appropriated in this lettered paragraph that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1, 2028.
   2.  The judicial branch, except for purposes of internal processing, shall use the current state budget system, the state payroll system, and the Iowa finance and accounting system in administration of programs and payments for services, and shall not duplicate the state payroll, accounting, and budgeting systems.
   3.  The judicial branch shall submit monthly financial statements to the legislative services agency and the department of management containing all appropriated accounts in the same manner as provided in the monthly financial status reports and personal services usage reports of the department of administrative services. The monthly financial statements shall include a comparison of the dollars and percentage spent of budgeted versus actual revenues and expenditures on a cumulative basis for full-time equivalent positions and dollars.
   4.  The judicial branch shall focus efforts upon the collection of delinquent fines, penalties, court costs, fees, surcharges, or similar amounts.
   5.  It is the intent of the general assembly that the offices of the clerks of the district court operate in all 99 counties and be accessible to the public as much as is reasonably possible in order to address the relative needs of the citizens of each county. An office of the clerk of the district court shall be open regular courthouse hours.
   6.  In addition to the requirements for transfers under section 8.39, the judicial branch shall not change the appropriations from the amounts appropriated to the judicial branch in this Act, unless notice of the revisions is given to the legislative services agency prior to the effective date. The notice shall include information on the judicial branch’s rationale for making the changes and details concerning the workload and performance measures upon which the changes are based.
   7.  The judicial branch shall submit a semiannual update to the legislative services agency and department of management specifying the amounts of fines, surcharges, and court costs collected using the Iowa court information system since the last report. The judicial branch shall continue to facilitate the sharing of vital sentencing and other information with other state departments and governmental agencies involved in the criminal justice system through the Iowa court information system.
   8.  The judicial branch shall provide a report to the general assembly and department of management by January 1, 2026, concerning the amounts received and expended from the court technology and modernization fund created in section 602.8108, subsection 7, during the fiscal year beginning July 1, 2024, and ending June 30, 2025, and the plans for expenditures from the fund during the fiscal year beginning July 1, 2025, and ending June 30, 2026.
    Sec. 2.  CIVIL TRIALS —— LOCATION.  Notwithstanding any provision to the contrary, for the fiscal year beginning July 1, 2025, and ending June 30, 2026, if all parties in a case agree, a civil trial including a jury trial may take place in a county contiguous to the county with proper jurisdiction, even if the contiguous county is located in an adjacent judicial district or judicial election district. If the trial is moved pursuant to this section, court personnel shall treat the case as if a change of venue occurred.
    Sec. 3.  TRAVEL REIMBURSEMENT.  Notwithstanding section 602.1509, for the fiscal year beginning July 1, 2025, and ending June 30, 2026, a judicial officer may waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official judicial business.
    Sec. 4.  JUDICIAL OFFICER —— UNPAID LEAVE.  Notwithstanding section 602.1501, for the fiscal year beginning July 1, 2025, and ending June 30, 2026, the supreme court may by order place all judicial officers on unpaid leave status on any day employees of the judicial branch are placed on temporary layoff status. The biweekly pay of the judicial officers shall be reduced accordingly for the pay period in which the unpaid leave date occurred in the same manner as for noncontract employees of the judicial branch. Through the course of the fiscal year, the judicial branch may use an amount equal to the aggregate amount of salary reductions due to the judicial officer unpaid leave days for any purpose other than for judicial salaries.
    Sec. 5.  IOWA COMMUNICATIONS NETWORK.  It is the intent of the general assembly that the judicial branch utilize the Iowa communications network or other secure electronic communications in lieu of traveling for the fiscal year beginning July 1, 2025, and ending June 30, 2026.
DIVISION II
JUROR COMPENSATION

    Sec. 6.  Section 607A.8, subsection 1, Code 2025, is amended to read as follows:
   1.  A grand juror and a petit juror in all courts shall receive thirty forty-five dollars as compensation for each day’s service or attendance, including attendance required for the purpose of being considered for service. The supreme court may shall adopt rules that allow additional compensation for jurors whose attendance and service exceeds exceed seven days to receive sixty-five dollars as compensation for each day’s service or attendance after the seventh day of service or attendance, including attendance required for the purpose of being considered for service.
DIVISION III
JUDICIAL OFFICER SALARIES
    Sec. 7.  Section 602.1501, Code 2025, is amended by striking the section and inserting in lieu thereof the following:
   602.1501  Judicial officer salaries.
   1.  A salary rate specified in subsection 2 takes effect at the start of the pay period in which the applicable fiscal year begins. The salaries provided for in this section shall be paid from moneys appropriated to the judicial branch.
   2.  a.  (1)  Each district judge except the chief judge of a judicial district shall receive an annual salary equal to a specified percentage of the annual rate of compensation for a district judge of the United States in effect at the beginning of the applicable state fiscal year, as follows:
   (a)  For the fiscal year beginning July 1, 2025, sixty-eight percent.
   (b)  For the fiscal year beginning July 1, 2026, sixty-nine percent.
   (c)  For the fiscal year beginning July 1, 2027, seventy percent.
   (d)  For the fiscal year beginning July 1, 2028, seventy-one percent.
   (e)  For the fiscal year beginning July 1, 2029, seventy-two percent.
   (f)  For the fiscal year beginning July 1, 2030, seventy-three percent.
   (g)  For the fiscal year beginning July 1, 2031, seventy-four percent.
   (2)  This paragraph is repealed July 1, 2032.
   b.  For the fiscal year beginning July 1, 2032, and adjusted for each fiscal year thereafter, each district judge except the chief judge of a judicial district shall receive an annual salary equal to seventy-five percent of the annual rate of compensation for a district judge of the United States in effect at the beginning of the applicable state fiscal year.
   c.  The following judicial officer salaries shall be calculated as a percentage of the state district judge salary for a given fiscal year as specified in this subsection, as follows:
   (1)  For the chief justice of the supreme court, one hundred twenty-four percent.
   (2)  For each justice of the supreme court except the chief justice, one hundred nineteen percent.
   (3)  For the chief judge of the court of appeals, one hundred eleven percent.
   (4)  For each judge of the court of appeals except the chief judge of the court of appeals, one hundred seven percent.
   (5)  For each chief judge of a judicial district, one hundred four percent.
   (6)  For each district associate judge, associate juvenile judge, and associate probate judge, eighty-nine percent.
   (7)  For each magistrate, twenty-seven percent, subject to section 602.6402.
   (8)  For each senior judge, six percent.
   3.  Notwithstanding subsection 2, if the supreme court determines that appropriations to the judicial branch for a given fiscal year are insufficient to provide the full allowable judicial officer salaries set forth in subsection 2 or other good cause exists, the supreme court may provide judicial officers a lower annual salary.
    Sec. 8.  Section 602.9104, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  A judge to whom this article applies shall be paid an amount equal to the basic salary of the judge as set by the general assembly section 602.1501, reduced by an amount designated as the judge’s required contribution to the judicial retirement fund. The amount designated as the judge’s required contribution shall be paid by the state in the manner provided in subsection 2.
    Sec. 9.  Section 602.9204, subsection 1, paragraph a, Code 2025, is amended to read as follows:
   a.  A judge who retires on or after July 1, 1994, and who is appointed a senior judge under section 602.9203 shall be paid a salary as determined by the general assembly section 602.1501.
    Sec. 10.  EFFECTIVE DATE.  This division of this Act takes effect June 20, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to and makes appropriations to the judicial branch.
   FY 2025-2026 APPROPRIATIONS. The bill appropriates moneys from the general fund of the state for FY 2025-2026 to the judicial branch for salaries, receipt and disbursement of child support payments, reimbursement of the auditor of state, maintenance, equipment, miscellaneous purposes, deposit in the revolving fund created pursuant to Code section 602.1302(3) for certain purposes, payment of court-ordered juvenile services, and juvenile delinquent graduated sanctions services.
   The bill provides that a civil trial including a jury trial may take place in a county contiguous to the county with proper jurisdiction, even if the contiguous county is located in an adjacent judicial district or judicial election district, if all the parties in a case agree. If a trial is moved to another county that is located in another judicial district or judicial election district, the judicial officers serving the judicial district or judicial election district receiving the case shall preside over the case.
   The bill permits a judicial officer to waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official business.
   The bill allows a judicial officer to be placed on unpaid leave on any day a court employee is required to furlough. The bill provides that if a judicial officer is placed on unpaid leave, the salary of the judicial officer shall be reduced accordingly for the pay period in which the unpaid leave occurred. The bill provides that the judicial branch may use an amount equal to the aggregate amount of the salary reductions due to judicial officer unpaid leave for any purpose other than judicial salaries.
   The bill states legislative intent that the judicial branch utilize the Iowa communications network or other secure electronic communications in lieu of traveling.
   JUROR COMPENSATION. The bill provides that a grand juror and a petit juror in all courts shall receive $45 as compensation for each day’s service or attendance. Under current law, a juror is entitled to $30 for each day’s service or attendance. The bill also requires the supreme court to adopt rules that allow juror compensation for service or attendance over seven days to be increased to $65 per day after the seventh day of service or attendance.
   JUDICIAL OFFICER SALARIES. Under current law, the general assembly determines the salaries of judicial officers by enacting the salaries in annual appropriations bills.
   The bill instead creates a formula to calculate judicial officer salaries. The bill requires the judicial officer salaries to be paid from the moneys appropriated to the judicial branch in a given fiscal year. The bill provides various amounts over eight fiscal years for a state district judge’s salary based on certain percentages of the salary of a federal district judge, and sets the salary of other judicial officers based on a percentage of the salary of a state district judge as follows: the chief justice of the supreme court, 124 percent; other justices of the supreme court, 119 percent; the chief judge of the court of appeals, 111 percent; a judge of the court of appeals except the chief judge, 107 percent; a chief judge of a judicial district, 104 percent; a district associate judge, associate juvenile judge, or associate probate judge, 89 percent; a magistrate, 27 percent, subject to Code section 602.6402 (additional magistrate allowed); and a senior judge, 6 percent.
   The bill allows the supreme court to provide lower salaries for judicial officers if the supreme court decides that the moneys appropriated in a given fiscal year are not sufficient to provide the full allowable salaries for judicial officers, or if other good cause exists.
   The bill makes conforming changes to Code sections 602.9104 and 602.9204. By operation of law, these provisions affect the salaries of county attorneys of counties with a population of 200,000 or less (Code section 331.752(5)).
   These provisions take effect June 20, 2025.