Print
Senate File 597 - IntroducedA Bill ForAn Act 1relating to appropriations to the judicial branch.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. JUDICIAL BRANCH.
21. There is appropriated from the general fund of the state
3to the judicial branch for the fiscal year beginning July 1,
42021, and ending June 30, 2022, the following amounts, or so
5much thereof as is necessary, to be used for the purposes
6designated:
7a. For salaries of supreme court justices, appellate court
8judges, district court judges, district associate judges,
9associate juvenile judges, associate probate judges, judicial
10magistrates and staff, state court administrator, clerk of
11the supreme court, district court administrators, clerks of
12the district court, juvenile court officers, board of law
13examiners, board of examiners of shorthand reporters, and
14commission on judicial qualifications; receipt and disbursement
15of child support payments; reimbursement of the auditor
16of state for expenses incurred in completing audits of the
17offices of the clerks of the district court during the fiscal
18year beginning July 1, 2021; and maintenance, equipment, and
19miscellaneous purposes:
.................................................. $20187,312,527
21b. For deposit in the revolving fund created pursuant to
22section 602.1302, subsection 3, for jury and witness fees,
23mileage, costs related to summoning jurors, costs and fees for
24interpreters and translators, and reimbursement of attorney
25fees paid by the state public defender:
.................................................. $263,600,000
272. The judicial branch, except for purposes of internal
28processing, shall use the current state budget system, the
29state payroll system, and the Iowa finance and accounting
30system in administration of programs and payments for services,
31and shall not duplicate the state payroll, accounting, and
32budgeting systems.
333. The judicial branch shall submit monthly financial
34statements to the legislative services agency and the
35department of management containing all appropriated accounts
-1-1in the same manner as provided in the monthly financial status
2reports and personal services usage reports of the department
3of administrative services. The monthly financial statements
4shall include a comparison of the dollars and percentage
5spent of budgeted versus actual revenues and expenditures on
6a cumulative basis for full-time equivalent positions and
7dollars.
84. The judicial branch shall focus efforts upon the
9collection of delinquent fines, penalties, court costs, fees,
10surcharges, or similar amounts.
115. It is the intent of the general assembly that the offices
12of the clerks of the district court operate in all 99 counties
13and be accessible to the public as much as is reasonably
14possible in order to address the relative needs of the citizens
15of each county. An office of the clerk of the district court
16shall be open regular courthouse hours.
176. In addition to the requirements for transfers under
18section 8.39, the judicial branch shall not change the
19appropriations from the amounts appropriated to the judicial
20branch in this Act, unless notice of the revisions is given to
21the legislative services agency prior to the effective date.
22The notice shall include information on the judicial branch’s
23rationale for making the changes and details concerning the
24workload and performance measures upon which the changes are
25based.
267. The judicial branch shall submit a semiannual update
27to the legislative services agency specifying the amounts of
28fines, surcharges, and court costs collected using the Iowa
29court information system since the last report. The judicial
30branch shall continue to facilitate the sharing of vital
31sentencing and other information with other state departments
32and governmental agencies involved in the criminal justice
33system through the Iowa court information system.
348. The judicial branch shall provide a report to the general
35assembly by January 1, 2022, concerning the amounts received
-2-1and expended from the enhanced court collections fund created
2in section 602.1304 and the court technology and modernization
3fund created in section 602.8108, subsection 7, during the
4fiscal year beginning July 1, 2020, and ending June 30, 2021,
5and the plans for expenditures from each fund during the fiscal
6year beginning July 1, 2021, and ending June 30, 2022.
7 Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
8provision to the contrary, for the fiscal year beginning July
91, 2021, and ending June 30, 2022, if all parties in a case
10agree, a civil trial including a jury trial may take place in a
11county contiguous to the county with proper jurisdiction, even
12if the contiguous county is located in an adjacent judicial
13district or judicial election district. If the trial is moved
14pursuant to this section, court personnel shall treat the case
15as if a change of venue occurred. However, if a trial is moved
16to an adjacent judicial district or judicial election district,
17the judicial officers serving in the judicial district or
18judicial election district receiving the case shall preside
19over the case.
20 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
21602.1509, for the fiscal year beginning July 1, 2021, and
22ending June 30, 2022, a judicial officer may waive travel
23reimbursement for any travel outside the judicial officer’s
24county of residence to conduct official judicial business.
25 Sec. 4. JUDICIAL OFFICER — UNPAID LEAVE. Notwithstanding
26the annual salary rates for judicial officers established by
272019 Iowa Acts, chapter 155, section 6, for the fiscal year
28beginning July 1, 2021, and ending June 30, 2022, the supreme
29court may by order place all judicial officers on unpaid leave
30status on any day employees of the judicial branch are placed
31on temporary layoff status. The biweekly pay of the judicial
32officers shall be reduced accordingly for the pay period in
33which the unpaid leave date occurred in the same manner as
34for noncontract employees of the judicial branch. Through
35the course of the fiscal year, the judicial branch may use an
-3-1amount equal to the aggregate amount of salary reductions due
2to the judicial officer unpaid leave days for any purpose other
3than for judicial salaries.
4 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
5of the general assembly that the judicial branch utilize
6the Iowa communications network or other secure electronic
7communications in lieu of traveling for the fiscal year
8beginning July 1, 2021, and ending June 30, 2022.
9 Sec. 6. STATE COURT — JUSTICES, JUDGES, AND MAGISTRATES.
101. The salary rates specified in subsection 2 are for the
11fiscal year beginning July 1, 2021, effective for the pay
12period beginning June 25, 2021, and for subsequent fiscal
13years until otherwise provided by the general assembly. The
14salaries provided for in this section shall be paid from moneys
15allocated to the judicial branch from the salary adjustment
16fund, or if the allocation is not sufficient, from moneys
17appropriated to the judicial branch pursuant to this Act or any
18other Act of the general assembly.
192. The following annual salary rates shall be paid to the
20persons holding the judicial positions indicated during the
21fiscal year beginning July 1, 2021, effective with the pay
22period beginning June 25, 2021, and for subsequent pay periods.
23a. Chief justice of the supreme court:
.................................................. $24192,261
25b. Each justice of the supreme court:
.................................................. $26183,653
27c. Chief judge of the court of appeals:
.................................................. $28172,175
29d. Each associate judge of the court of appeals:
.................................................. $30166,436
31e. Each chief judge of a judicial district:
.................................................. $32160,696
33f. Each district judge except the chief judge of a judicial
34district:
.................................................. $35154,957
-4- 1g. Each district associate judge:
.................................................. $2137,740
3h. Each associate juvenile judge:
.................................................. $4137,740
5i. Each associate probate judge:
.................................................. $6137,740
7j. Each judicial magistrate:
.................................................. $842,469
9k. Each senior judge:
.................................................. $109,182
113. Persons receiving the salary rates established
12under this section shall not receive any additional salary
13adjustments provided by this Act or any other Act of the
14general assembly.
15 Sec. 7. Section 602.6404, subsection 3, Code 2021, is
16amended to read as follows:
173. A magistrate shall be an attorney licensed to practice
18law in this state. However, a magistrate not admitted to
19the practice of law in this state and who is holding office
20on April 1, 2009, shall be eligible to be reappointed as a
21magistrate in the same county for a term commencing August 1,
222009, and for subsequent successive terms.
234. Notwithstanding subsection 3, if the county magistrate
24appointing commission of a county does not receive an
25application from a qualified attorney licensed to practice law
26in this state, the county magistrate appointing commission may
27republish notice of the vacancy to be filled, as specified
28in section 602.6403, subsection 2, and may consider the
29appointment of a person who is not an attorney licensed to
30practice law in this state.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill makes appropriations to the judicial branch.
35The bill appropriates from the general fund of the state for
-5-1FY 2021-2022 to the judicial branch for salaries, receipt and
2disbursement of child support payments, reimbursement of the
3auditor of state, maintenance, equipment, and miscellaneous
4purposes, and for deposit in the revolving fund created
5pursuant to Code section 602.1302(3) for certain purposes.
6The bill provides that a civil trial including a jury trial
7may take place in a county contiguous to the county with proper
8jurisdiction, even if the contiguous county is located in an
9adjacent judicial district or judicial election district, if
10all the parties in a case agree. If a trial is moved to another
11county that is located in another judicial district or judicial
12election district, the judicial officers serving the judicial
13district or judicial election district receiving the case shall
14preside over the case.
15The bill permits a judicial officer to waive travel
16reimbursement for any travel outside the judicial officer’s
17county of residence to conduct official business.
18The bill allows a judicial officer to be placed on unpaid
19leave for the fiscal year beginning July 1, 2021, on any day a
20court employee is required to furlough. The bill provides that
21if a judicial officer is placed on unpaid leave, the salary of
22the judicial officer shall be reduced accordingly for the pay
23period in which the unpaid leave occurred. Through the course
24of the fiscal year, the bill provides that the judicial branch
25may use an amount equal to the aggregate amount of the salary
26reductions due to judicial officer unpaid leave for any purpose
27other than judicial salaries.
28The bill states legislative intent that the judicial
29branch utilize the Iowa communications network or other secure
30electronic communications in lieu of traveling.
31The bill provides annual salary rates to be paid the chief
32justice and justices of the supreme court, the chief judge
33and judges of the court of appeals, the chief judge of each
34judicial district, district and district associate judges,
35associate juvenile and associate probate judges, judicial
-6-1magistrates, and senior judges. The new salary rates become
2effective for the pay period beginning June 25, 2021, and apply
3until otherwise provided by the general assembly.
4The bill provides that a magistrate not admitted to
5practice law in the state but who is holding office on April
61, 2009, is eligible to be reappointed as a magistrate in
7the same county for a term commencing August 1, 2009, and
8for subsequent successive terms. The bill further provides
9that notwithstanding the requirement that a magistrate must
10be an attorney licensed to practice law in this state, if the
11county magistrate appointing commission of a county does not
12receive an application from a qualified attorney licensed to
13practice law in this state, the county magistrate appointing
14commission may republish notice of the vacancy to be filled and
15may consider the appointment of a person who is not an attorney
16licensed to practice law in this state.
-7-as/tm
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. JUDICIAL BRANCH.
21. There is appropriated from the general fund of the state
3to the judicial branch for the fiscal year beginning July 1,
42021, and ending June 30, 2022, the following amounts, or so
5much thereof as is necessary, to be used for the purposes
6designated:
7a. For salaries of supreme court justices, appellate court
8judges, district court judges, district associate judges,
9associate juvenile judges, associate probate judges, judicial
10magistrates and staff, state court administrator, clerk of
11the supreme court, district court administrators, clerks of
12the district court, juvenile court officers, board of law
13examiners, board of examiners of shorthand reporters, and
14commission on judicial qualifications; receipt and disbursement
15of child support payments; reimbursement of the auditor
16of state for expenses incurred in completing audits of the
17offices of the clerks of the district court during the fiscal
18year beginning July 1, 2021; and maintenance, equipment, and
19miscellaneous purposes:
.................................................. $20187,312,527
21b. For deposit in the revolving fund created pursuant to
22section 602.1302, subsection 3, for jury and witness fees,
23mileage, costs related to summoning jurors, costs and fees for
24interpreters and translators, and reimbursement of attorney
25fees paid by the state public defender:
.................................................. $263,600,000
272. The judicial branch, except for purposes of internal
28processing, shall use the current state budget system, the
29state payroll system, and the Iowa finance and accounting
30system in administration of programs and payments for services,
31and shall not duplicate the state payroll, accounting, and
32budgeting systems.
333. The judicial branch shall submit monthly financial
34statements to the legislative services agency and the
35department of management containing all appropriated accounts
-1-1in the same manner as provided in the monthly financial status
2reports and personal services usage reports of the department
3of administrative services. The monthly financial statements
4shall include a comparison of the dollars and percentage
5spent of budgeted versus actual revenues and expenditures on
6a cumulative basis for full-time equivalent positions and
7dollars.
84. The judicial branch shall focus efforts upon the
9collection of delinquent fines, penalties, court costs, fees,
10surcharges, or similar amounts.
115. It is the intent of the general assembly that the offices
12of the clerks of the district court operate in all 99 counties
13and be accessible to the public as much as is reasonably
14possible in order to address the relative needs of the citizens
15of each county. An office of the clerk of the district court
16shall be open regular courthouse hours.
176. In addition to the requirements for transfers under
18section 8.39, the judicial branch shall not change the
19appropriations from the amounts appropriated to the judicial
20branch in this Act, unless notice of the revisions is given to
21the legislative services agency prior to the effective date.
22The notice shall include information on the judicial branch’s
23rationale for making the changes and details concerning the
24workload and performance measures upon which the changes are
25based.
267. The judicial branch shall submit a semiannual update
27to the legislative services agency specifying the amounts of
28fines, surcharges, and court costs collected using the Iowa
29court information system since the last report. The judicial
30branch shall continue to facilitate the sharing of vital
31sentencing and other information with other state departments
32and governmental agencies involved in the criminal justice
33system through the Iowa court information system.
348. The judicial branch shall provide a report to the general
35assembly by January 1, 2022, concerning the amounts received
-2-1and expended from the enhanced court collections fund created
2in section 602.1304 and the court technology and modernization
3fund created in section 602.8108, subsection 7, during the
4fiscal year beginning July 1, 2020, and ending June 30, 2021,
5and the plans for expenditures from each fund during the fiscal
6year beginning July 1, 2021, and ending June 30, 2022.
7 Sec. 2. CIVIL TRIALS — LOCATION. Notwithstanding any
8provision to the contrary, for the fiscal year beginning July
91, 2021, and ending June 30, 2022, if all parties in a case
10agree, a civil trial including a jury trial may take place in a
11county contiguous to the county with proper jurisdiction, even
12if the contiguous county is located in an adjacent judicial
13district or judicial election district. If the trial is moved
14pursuant to this section, court personnel shall treat the case
15as if a change of venue occurred. However, if a trial is moved
16to an adjacent judicial district or judicial election district,
17the judicial officers serving in the judicial district or
18judicial election district receiving the case shall preside
19over the case.
20 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section
21602.1509, for the fiscal year beginning July 1, 2021, and
22ending June 30, 2022, a judicial officer may waive travel
23reimbursement for any travel outside the judicial officer’s
24county of residence to conduct official judicial business.
25 Sec. 4. JUDICIAL OFFICER — UNPAID LEAVE. Notwithstanding
26the annual salary rates for judicial officers established by
272019 Iowa Acts, chapter 155, section 6, for the fiscal year
28beginning July 1, 2021, and ending June 30, 2022, the supreme
29court may by order place all judicial officers on unpaid leave
30status on any day employees of the judicial branch are placed
31on temporary layoff status. The biweekly pay of the judicial
32officers shall be reduced accordingly for the pay period in
33which the unpaid leave date occurred in the same manner as
34for noncontract employees of the judicial branch. Through
35the course of the fiscal year, the judicial branch may use an
-3-1amount equal to the aggregate amount of salary reductions due
2to the judicial officer unpaid leave days for any purpose other
3than for judicial salaries.
4 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent
5of the general assembly that the judicial branch utilize
6the Iowa communications network or other secure electronic
7communications in lieu of traveling for the fiscal year
8beginning July 1, 2021, and ending June 30, 2022.
9 Sec. 6. STATE COURT — JUSTICES, JUDGES, AND MAGISTRATES.
101. The salary rates specified in subsection 2 are for the
11fiscal year beginning July 1, 2021, effective for the pay
12period beginning June 25, 2021, and for subsequent fiscal
13years until otherwise provided by the general assembly. The
14salaries provided for in this section shall be paid from moneys
15allocated to the judicial branch from the salary adjustment
16fund, or if the allocation is not sufficient, from moneys
17appropriated to the judicial branch pursuant to this Act or any
18other Act of the general assembly.
192. The following annual salary rates shall be paid to the
20persons holding the judicial positions indicated during the
21fiscal year beginning July 1, 2021, effective with the pay
22period beginning June 25, 2021, and for subsequent pay periods.
23a. Chief justice of the supreme court:
.................................................. $24192,261
25b. Each justice of the supreme court:
.................................................. $26183,653
27c. Chief judge of the court of appeals:
.................................................. $28172,175
29d. Each associate judge of the court of appeals:
.................................................. $30166,436
31e. Each chief judge of a judicial district:
.................................................. $32160,696
33f. Each district judge except the chief judge of a judicial
34district:
.................................................. $35154,957
-4- 1g. Each district associate judge:
.................................................. $2137,740
3h. Each associate juvenile judge:
.................................................. $4137,740
5i. Each associate probate judge:
.................................................. $6137,740
7j. Each judicial magistrate:
.................................................. $842,469
9k. Each senior judge:
.................................................. $109,182
113. Persons receiving the salary rates established
12under this section shall not receive any additional salary
13adjustments provided by this Act or any other Act of the
14general assembly.
15 Sec. 7. Section 602.6404, subsection 3, Code 2021, is
16amended to read as follows:
173. A magistrate shall be an attorney licensed to practice
18law in this state. However, a magistrate not admitted to
19the practice of law in this state and who is holding office
20on April 1, 2009, shall be eligible to be reappointed as a
21magistrate in the same county for a term commencing August 1,
222009, and for subsequent successive terms.
234. Notwithstanding subsection 3, if the county magistrate
24appointing commission of a county does not receive an
25application from a qualified attorney licensed to practice law
26in this state, the county magistrate appointing commission may
27republish notice of the vacancy to be filled, as specified
28in section 602.6403, subsection 2, and may consider the
29appointment of a person who is not an attorney licensed to
30practice law in this state.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill makes appropriations to the judicial branch.
35The bill appropriates from the general fund of the state for
-5-1FY 2021-2022 to the judicial branch for salaries, receipt and
2disbursement of child support payments, reimbursement of the
3auditor of state, maintenance, equipment, and miscellaneous
4purposes, and for deposit in the revolving fund created
5pursuant to Code section 602.1302(3) for certain purposes.
6The bill provides that a civil trial including a jury trial
7may take place in a county contiguous to the county with proper
8jurisdiction, even if the contiguous county is located in an
9adjacent judicial district or judicial election district, if
10all the parties in a case agree. If a trial is moved to another
11county that is located in another judicial district or judicial
12election district, the judicial officers serving the judicial
13district or judicial election district receiving the case shall
14preside over the case.
15The bill permits a judicial officer to waive travel
16reimbursement for any travel outside the judicial officer’s
17county of residence to conduct official business.
18The bill allows a judicial officer to be placed on unpaid
19leave for the fiscal year beginning July 1, 2021, on any day a
20court employee is required to furlough. The bill provides that
21if a judicial officer is placed on unpaid leave, the salary of
22the judicial officer shall be reduced accordingly for the pay
23period in which the unpaid leave occurred. Through the course
24of the fiscal year, the bill provides that the judicial branch
25may use an amount equal to the aggregate amount of the salary
26reductions due to judicial officer unpaid leave for any purpose
27other than judicial salaries.
28The bill states legislative intent that the judicial
29branch utilize the Iowa communications network or other secure
30electronic communications in lieu of traveling.
31The bill provides annual salary rates to be paid the chief
32justice and justices of the supreme court, the chief judge
33and judges of the court of appeals, the chief judge of each
34judicial district, district and district associate judges,
35associate juvenile and associate probate judges, judicial
-6-1magistrates, and senior judges. The new salary rates become
2effective for the pay period beginning June 25, 2021, and apply
3until otherwise provided by the general assembly.
4The bill provides that a magistrate not admitted to
5practice law in the state but who is holding office on April
61, 2009, is eligible to be reappointed as a magistrate in
7the same county for a term commencing August 1, 2009, and
8for subsequent successive terms. The bill further provides
9that notwithstanding the requirement that a magistrate must
10be an attorney licensed to practice law in this state, if the
11county magistrate appointing commission of a county does not
12receive an application from a qualified attorney licensed to
13practice law in this state, the county magistrate appointing
14commission may republish notice of the vacancy to be filled and
15may consider the appointment of a person who is not an attorney
16licensed to practice law in this state.
-7-as/tm