Senate
Study
Bill
3185
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BUDGET
BILL)
A
BILL
FOR
An
Act
relating
to
and
making
appropriations
to
the
judicial
1
branch.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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
2026,
and
ending
June
30,
2027,
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,
2026;
and
maintenance,
equipment,
and
18
miscellaneous
purposes:
19
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$202,691,378
20
b.
For
deposit
in
the
revolving
fund
created
pursuant
to
21
section
602.1302,
subsection
3
,
for
jury
and
witness
fees,
22
mileage,
costs
related
to
summoning
jurors,
costs
and
fees
for
23
interpreters
and
translators,
and
reimbursement
of
attorney
24
fees
paid
by
the
state
public
defender:
25
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$
3,600,000
26
c.
For
payment
of
expenses
for
court-ordered
services
27
provided
to
juveniles
who
are
under
the
supervision
of
juvenile
28
court
services,
which
expenses
are
a
charge
upon
the
state
29
pursuant
to
section
232.141,
subsection
4
:
30
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$
3,290,000
31
(1)
Of
the
moneys
appropriated
in
this
lettered
paragraph,
32
no
more
than
$1,556,000
is
allocated
to
provide
school-based
33
supervision
of
children
under
chapter
232
,
of
which
no
more
34
than
$25,000
may
be
used
for
purposes
of
training.
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(2)
Notwithstanding
section
232.141
or
any
other
provision
1
of
law
to
the
contrary,
the
moneys
appropriated
in
this
2
lettered
paragraph
shall
be
distributed
to
the
judicial
3
districts
as
determined
by
the
state
court
administrator.
The
4
state
court
administrator
shall
make
the
determination
of
the
5
distribution
amounts
within
thirty
days
of
the
date
on
which
6
the
annual
census
data
is
released.
7
(3)
Notwithstanding
chapter
232
or
any
other
provision
of
8
law
to
the
contrary,
a
district
or
juvenile
court
shall
not
9
order
any
service
which
is
a
charge
upon
the
state
pursuant
10
to
section
232.141
if
there
are
insufficient
court-ordered
11
services
moneys
available
in
the
district
court
distribution
12
amounts
to
pay
for
the
service.
The
chief
juvenile
court
13
officer
shall
encourage
use
of
the
moneys
appropriated
in
this
14
lettered
paragraph
such
that
there
are
sufficient
moneys
to
pay
15
for
all
court-ordered
services
during
the
entire
fiscal
year.
16
The
chief
juvenile
court
officer
shall
attempt
to
anticipate
17
potential
surpluses
and
shortfalls
in
the
distribution
amounts
18
and
shall
cooperatively
request
the
state
court
administrator
19
to
transfer
moneys
between
the
judicial
districts’
distribution
20
amounts
as
prudent.
21
(4)
Notwithstanding
any
provision
of
law
to
the
contrary,
22
a
district
or
juvenile
court
shall
not
order
a
county
to
pay
23
for
any
service
provided
to
a
juvenile
pursuant
to
an
order
24
entered
under
chapter
232
which
is
a
charge
upon
the
state
25
under
section
232.141,
subsection
4
.
26
(5)
Of
the
moneys
appropriated
in
this
lettered
paragraph,
27
no
more
than
$83,000
may
be
used
by
the
judicial
branch
28
for
administration
of
the
requirements
under
this
lettered
29
paragraph.
30
(6)
Of
the
moneys
appropriated
in
this
lettered
paragraph,
31
an
amount
not
to
exceed
the
actual
cost
of
the
annual
32
membership
fee
is
allocated
to
the
judicial
branch
to
support
33
the
interstate
commission
for
juveniles
in
accordance
with
34
the
interstate
compact
for
juveniles
as
provided
in
section
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232.173
.
1
(7)
Notwithstanding
section
8.33
,
moneys
appropriated
in
2
this
lettered
paragraph
that
remain
unencumbered
or
unobligated
3
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
4
remain
available
for
expenditure
for
the
purposes
designated
5
until
the
close
of
the
fiscal
year
that
begins
July
1,
2029.
6
d.
For
juvenile
delinquent
graduated
sanctions
services
7
pursuant
to
section
232.192
:
8
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$
12,253,000
9
(1)
Any
state
moneys
saved
as
a
result
of
efforts
by
10
juvenile
court
services
to
earn
a
federal
fund
match
pursuant
11
to
Tit.
IV-E
of
the
federal
Family
First
Prevention
Services
12
Act
of
2018,
Pub.
L.
No.
115-123,
for
juvenile
court
services
13
administration
is
appropriated
to
the
judicial
branch
for
14
purposes
of
this
lettered
paragraph.
15
(2)
Notwithstanding
section
8.33
,
moneys
appropriated
in
16
this
lettered
paragraph
that
remain
unencumbered
or
unobligated
17
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
18
remain
available
for
expenditure
for
the
purposes
designated
19
until
the
close
of
the
fiscal
year
that
begins
July
1,
2029.
20
2.
The
judicial
branch,
except
for
purposes
of
internal
21
processing,
shall
use
the
current
state
budget
system,
the
22
state
payroll
system,
and
the
Iowa
finance
and
accounting
23
system
in
administration
of
programs
and
payments
for
services,
24
and
shall
not
duplicate
the
state
payroll,
accounting,
and
25
budgeting
systems.
26
3.
The
judicial
branch
shall
submit
monthly
financial
27
statements
to
the
legislative
services
agency
and
the
28
department
of
management
containing
all
appropriated
accounts
29
in
the
same
manner
as
provided
in
the
monthly
financial
status
30
reports
and
personal
services
usage
reports
of
the
department
31
of
administrative
services.
The
monthly
financial
statements
32
must
include
a
comparison
of
the
dollars
and
percentage
33
spent
of
budgeted
versus
actual
revenues
and
expenditures
on
34
a
cumulative
basis
for
full-time
equivalent
positions
and
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dollars.
1
4.
The
judicial
branch
shall
focus
efforts
upon
the
2
collection
of
delinquent
fines,
penalties,
court
costs,
fees,
3
surcharges,
or
similar
amounts.
4
5.
It
is
the
intent
of
the
general
assembly
that
the
offices
5
of
the
clerks
of
the
district
court
operate
in
all
99
counties
6
and
be
accessible
to
the
public
as
much
as
is
reasonably
7
possible
in
order
to
address
the
relative
needs
of
the
citizens
8
of
each
county.
An
office
of
the
clerk
of
the
district
court
9
shall
be
open
regular
courthouse
hours.
10
6.
In
addition
to
the
requirements
for
transfers
under
11
section
8.39
,
the
judicial
branch
shall
not
change
the
12
appropriations
from
the
amounts
appropriated
to
the
judicial
13
branch
in
this
Act
unless
notice
of
the
revisions
is
given
to
14
the
legislative
services
agency
prior
to
the
effective
date.
15
The
notice
must
include
information
on
the
judicial
branch’s
16
rationale
for
making
the
changes
and
details
concerning
the
17
workload
and
performance
measures
upon
which
the
changes
are
18
based.
19
7.
The
judicial
branch
shall
submit
a
semiannual
update
to
20
the
legislative
services
agency
and
department
of
management
21
specifying
the
amounts
of
fines,
surcharges,
and
court
costs
22
collected
using
the
Iowa
court
information
system
since
the
23
last
report.
The
judicial
branch
shall
continue
to
facilitate
24
the
sharing
of
vital
sentencing
and
other
information
with
25
other
state
departments
and
governmental
agencies
involved
in
26
the
criminal
justice
system
through
the
Iowa
court
information
27
system.
28
8.
The
judicial
branch
shall
provide
a
report
to
the
general
29
assembly
and
department
of
management
by
January
1,
2027,
30
concerning
the
amounts
received
and
expended
from
the
court
31
technology
and
modernization
fund
created
in
section
602.8108,
32
subsection
7
,
during
the
fiscal
year
beginning
July
1,
2025,
33
and
ending
June
30,
2026,
and
the
plans
for
expenditures
from
34
the
fund
during
the
fiscal
year
beginning
July
1,
2026,
and
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ending
June
30,
2027.
1
Sec.
2.
CIVIL
TRIALS
——
LOCATION.
Notwithstanding
any
2
provision
to
the
contrary,
for
the
fiscal
year
beginning
July
3
1,
2026,
and
ending
June
30,
2027,
if
all
parties
in
a
case
4
agree,
a
civil
trial
including
a
jury
trial
may
take
place
in
a
5
county
contiguous
to
the
county
with
proper
jurisdiction,
even
6
if
the
contiguous
county
is
located
in
an
adjacent
judicial
7
district
or
judicial
election
district.
If
the
trial
is
moved
8
pursuant
to
this
section,
court
personnel
shall
treat
the
case
9
as
if
a
change
of
venue
occurred.
10
Sec.
3.
TRAVEL
REIMBURSEMENT.
Notwithstanding
section
11
602.1509
,
for
the
fiscal
year
beginning
July
1,
2026,
and
12
ending
June
30,
2027,
a
judicial
officer
may
waive
travel
13
reimbursement
for
any
travel
outside
the
judicial
officer’s
14
county
of
residence
to
conduct
official
judicial
business.
15
Sec.
4.
JUDICIAL
OFFICER
——
UNPAID
LEAVE.
Notwithstanding
16
the
annual
salary
rates
for
judicial
officers
established
by
17
2025
Iowa
Acts,
chapter
158,
section
6,
for
the
fiscal
year
18
beginning
July
1,
2026,
and
ending
June
30,
2027,
the
supreme
19
court
may
by
order
place
all
judicial
officers
on
unpaid
leave
20
status
on
any
day
employees
of
the
judicial
branch
are
placed
21
on
temporary
layoff
status.
The
biweekly
pay
of
the
judicial
22
officers
shall
be
reduced
accordingly
for
the
pay
period
in
23
which
the
unpaid
leave
date
occurred
in
the
same
manner
as
24
for
noncontract
employees
of
the
judicial
branch.
Through
25
the
course
of
the
fiscal
year,
the
judicial
branch
may
use
an
26
amount
equal
to
the
aggregate
amount
of
salary
reductions
due
27
to
the
judicial
officer
unpaid
leave
days
for
any
purpose
other
28
than
for
judicial
salaries.
29
Sec.
5.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
intent
30
of
the
general
assembly
that
the
judicial
branch
utilize
31
the
Iowa
communications
network
or
other
secure
electronic
32
communications
in
lieu
of
traveling
for
the
fiscal
year
33
beginning
July
1,
2026,
and
ending
June
30,
2027.
34
Sec.
6.
Section
602.1202,
Code
2026,
is
amended
to
read
as
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follows:
1
602.1202
Judicial
council.
2
1.
A
judicial
council
is
established,
consisting
of
the
3
chief
judges
of
the
judicial
districts,
the
chief
judge
of
4
the
court
of
appeals,
and
the
chief
justice
who
shall
be
the
5
chairperson.
The
council
shall
convene
not
less
than
twice
6
each
year
at
times
and
places
as
ordered
by
the
chief
justice.
7
The
council
shall
advise
the
supreme
court
with
respect
to
the
8
supervision
and
administration
of
the
judicial
branch.
9
2.
A
meeting
of
the
judicial
council
in
which
the
judicial
10
retirement
system
is
discussed
shall
not
be
held
as
a
closed
11
session
under
section
21.5.
12
Sec.
7.
Section
602.9102,
Code
2026,
is
amended
to
read
as
13
follows:
14
602.9102
Administered
by
court
administrator.
15
1.
The
court
administrator
shall
be
vested
with
authority
is
16
authorized
to
administer
the
system
and
related
reports
and
may
17
promulgate
rules
therefor
not
inconsistent
with
the
provisions
18
of
this
article
.
19
2.
The
state
court
administrator
shall
advise
the
20
judicial
council
on
all
determinations
made
by
the
state
court
21
administrator
concerning
the
judicial
retirement
system.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
and
makes
appropriations
to
the
26
judicial
branch.
27
The
bill
appropriates
moneys
from
the
general
fund
28
of
the
state
for
FY
2026-2027
to
the
judicial
branch
for
29
salaries,
receipt
and
disbursement
of
child
support
payments,
30
reimbursement
of
the
auditor
of
state,
maintenance,
equipment,
31
miscellaneous
purposes,
deposit
in
the
revolving
fund
created
32
pursuant
to
Code
section
602.1302(3)
for
certain
purposes,
33
payment
of
court-ordered
juvenile
services,
and
juvenile
34
delinquent
graduated
sanctions
services.
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The
bill
provides
that
a
civil
trial
including
a
jury
trial
1
may
take
place
in
a
county
contiguous
to
the
county
with
proper
2
jurisdiction
if
all
the
parties
in
a
case
agree.
If
a
trial
3
is
moved
to
another
county
that
is
located
in
another
judicial
4
district
or
judicial
election
district,
the
judicial
officers
5
serving
the
judicial
district
or
judicial
election
district
6
receiving
the
case
shall
preside
over
the
case.
7
The
bill
permits
a
judicial
officer
to
waive
travel
8
reimbursement
for
any
travel
outside
the
judicial
officer’s
9
county
of
residence
to
conduct
official
business.
10
The
bill
allows
a
judicial
officer
to
be
placed
on
unpaid
11
leave
on
any
day
a
court
employee
is
required
to
furlough.
12
The
bill
provides
that
if
a
judicial
officer
is
placed
on
13
unpaid
leave,
the
salary
of
the
judicial
officer
shall
be
14
reduced
accordingly
for
the
pay
period
in
which
the
unpaid
15
leave
occurred.
The
bill
provides
that
the
judicial
branch
16
may
use
an
amount
equal
to
the
aggregate
amount
of
the
salary
17
reductions
due
to
judicial
officer
unpaid
leave
for
any
purpose
18
other
than
judicial
salaries.
19
The
bill
states
legislative
intent
that
the
judicial
20
branch
utilize
the
Iowa
communications
network
or
other
secure
21
electronic
communications
in
lieu
of
traveling.
22
Under
current
law,
governmental
bodies,
including
a
23
council
created
by
state
statute,
are
subject
to
Code
24
chapter
21
(official
meetings
open
to
public).
Under
certain
25
circumstances,
a
governmental
body
may
hold
a
closed
session
26
(Code
section
21.5).
The
bill
provides
that
a
judicial
council
27
meeting
in
which
the
judicial
retirement
system
is
discussed
28
shall
not
be
held
as
a
closed
session.
The
bill
requires
the
29
state
court
administrator
to
advise
the
judicial
council
on
all
30
determinations
made
by
the
state
court
administrator
concerning
31
the
judicial
retirement
system.
32
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