House File 864 - Reprinted HOUSE FILE 864 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 1006YA) (As Amended and Passed by the House May 18, 2021 ) 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 HF 864 (2) 89 as/tm/md
H.F. 864 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $189,640,252 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- HF 864 (2) 89 as/tm/md 1/ 5
H.F. 864 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- HF 864 (2) 89 as/tm/md 2/ 5
H.F. 864 and expended from the court technology and modernization fund 1 created in section 602.8108, subsection 7, during the fiscal 2 year beginning July 1, 2020, and ending June 30, 2021, and the 3 plans for expenditures from each fund during the fiscal year 4 beginning July 1, 2021, and ending June 30, 2022. 5 Sec. 2. CIVIL TRIALS —— LOCATION. Notwithstanding any 6 provision to the contrary, for the fiscal year beginning July 7 1, 2021, and ending June 30, 2022, if all parties in a case 8 agree, a civil trial including a jury trial may take place in a 9 county contiguous to the county with proper jurisdiction, even 10 if the contiguous county is located in an adjacent judicial 11 district or judicial election district. If the trial is moved 12 pursuant to this section, court personnel shall treat the case 13 as if a change of venue occurred. 14 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 15 602.1509, for the fiscal year beginning July 1, 2021, and 16 ending June 30, 2022, a judicial officer may waive travel 17 reimbursement for any travel outside the judicial officer’s 18 county of residence to conduct official judicial business. 19 Sec. 4. JUDICIAL OFFICER —— UNPAID LEAVE. Notwithstanding 20 the annual salary rates for judicial officers established by 21 2019 Iowa Acts, chapter 155, section 6, for the fiscal year 22 beginning July 1, 2021, and ending June 30, 2022, the supreme 23 court may by order place all judicial officers on unpaid leave 24 status on any day employees of the judicial branch are placed 25 on temporary layoff status. The biweekly pay of the judicial 26 officers shall be reduced accordingly for the pay period in 27 which the unpaid leave date occurred in the same manner as 28 for noncontract employees of the judicial branch. Through 29 the course of the fiscal year, the judicial branch may use an 30 amount equal to the aggregate amount of salary reductions due 31 to the judicial officer unpaid leave days for any purpose other 32 than for judicial salaries. 33 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 34 of the general assembly that the judicial branch utilize 35 -3- HF 864 (2) 89 as/tm/md 3/ 5
H.F. 864 the Iowa communications network or other secure electronic 1 communications in lieu of traveling for the fiscal year 2 beginning July 1, 2021, and ending June 30, 2022. 3 Sec. 6. STATE COURT —— JUSTICES, JUDGES, AND MAGISTRATES. 4 1. The salary rates specified in subsection 2 are for the 5 fiscal year beginning July 1, 2021, effective for the pay 6 period beginning June 25, 2021, and for subsequent fiscal 7 years until otherwise provided by the general assembly. The 8 salaries provided for in this section shall be paid from moneys 9 allocated to the judicial branch from the salary adjustment 10 fund, or if the allocation is not sufficient, from moneys 11 appropriated to the judicial branch pursuant to this Act or any 12 other Act of the general assembly. 13 2. The following annual salary rates shall be paid to the 14 persons holding the judicial positions indicated during the 15 fiscal year beginning July 1, 2021, effective with the pay 16 period beginning June 25, 2021, and for subsequent pay periods. 17 a. Chief justice of the supreme court: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 192,261 19 b. Each justice of the supreme court: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 183,653 21 c. Chief judge of the court of appeals: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 172,175 23 d. Each associate judge of the court of appeals: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166,436 25 e. Each chief judge of a judicial district: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 160,696 27 f. Each district judge except the chief judge of a judicial 28 district: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 154,957 30 g. Each district associate judge: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 137,740 32 h. Each associate juvenile judge: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 137,740 34 i. Each associate probate judge: 35 -4- HF 864 (2) 89 as/tm/md 4/ 5
H.F. 864 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 137,740 1 j. Each judicial magistrate: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,469 3 k. Each senior judge: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,182 5 3. Persons receiving the salary rates established 6 under this section shall not receive any additional salary 7 adjustments provided by this Act or any other Act of the 8 general assembly. 9 Sec. 7. Section 602.6404, subsection 3, Code 2021, is 10 amended to read as follows: 11 3. A magistrate shall be an attorney licensed to practice 12 law in this state. However, a magistrate not admitted to 13 the practice of law in this state and who is holding office 14 on April 1, 2009, shall be eligible to be reappointed as a 15 magistrate in the same county for a term commencing August 1, 16 2009, and for subsequent successive terms. 17 -5- HF 864 (2) 89 as/tm/md 5/ 5