Bill Text: IA SF472 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act concerning judicial branch administration, including mental health advocates, access to and confidentiality of juror information, contracting authority, apportionment of district associate judges, remote testimony and video recordings, and access to criminal history records.(Formerly SSB 1120; See SF 2345.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-14 - Committee report approving bill, renumbered as SF 2345. S.J. 292. [SF472 Detail]
Download: Iowa-2023-SF472-Introduced.html
Senate
File
472
-
Introduced
SENATE
FILE
472
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1120)
(COMPANION
TO
HF
468
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
concerning
judicial
branch
administration,
including
1
mental
health
advocates,
access
to
and
confidentiality
of
2
juror
information,
contracting
authority,
apportionment
3
of
district
associate
judges,
remote
testimony
and
video
4
recordings,
and
access
to
criminal
history
records.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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1212SV
(3)
90
cm/ns
S.F.
472
DIVISION
I
1
PATIENT
ADVOCATES
2
Section
1.
Section
229.19,
subsection
1,
paragraph
d,
3
subparagraph
(7),
Code
2023,
is
amended
to
read
as
follows:
4
(7)
To
utilize
the
related
best
practices
for
the
duties
5
identified
in
this
paragraph
“d”
developed
and
promulgated
by
6
the
judicial
council
.
7
DIVISION
II
8
JURORS
——
INFORMATION
9
Sec.
2.
NEW
SECTION
.
607A.48
Public
access
to
juror
10
information.
11
1.
Public
access
to
juror
and
prospective
juror
information
12
shall
be
limited.
Information
on
the
year
of
birth
and
address
13
information
identifying
the
city
and
zip
code
of
prospective
14
jurors
shall
be
available
to
the
public.
However,
more
15
specific
address
information,
phone
numbers,
and
the
date
and
16
month
of
birth
of
prospective
jurors
are
confidential
and
not
17
subject
to
disclosure
without
an
order
of
the
court.
18
2.
Notwithstanding
subsection
1,
attorneys
representing
19
parties
to
the
case
are
entitled
to
the
complete
juror
20
questionnaires
of
jurors
and
prospective
jurors
without
order
21
of
the
court.
22
DIVISION
III
23
CONTRACTING
AUTHORITY
24
Sec.
3.
NEW
SECTION
.
602.1209A
State
court
administrator
25
may
contractually
limit
vendor
liability.
26
1.
The
state
court
administrator
may
authorize
the
27
procurement
of
goods
and
services
in
which
a
contractual
28
limitation
of
vendor
liability
is
provided
for
and
set
forth
in
29
the
documents
initiating
the
procurement.
30
2.
a.
The
state
court
administrator
shall
consider
all
of
31
the
following
criteria
when
determining
whether
to
permit
a
32
contractual
limitation
of
vendor
liability
with
regard
to
any
33
procurement
of
goods
or
services:
34
(1)
Whether
authorizing
a
contractual
limitation
of
vendor
35
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472
liability
is
necessary
to
prevent
harm
to
the
state
from
1
a
failure
to
obtain
the
goods
or
services
sought,
or
from
2
obtaining
the
goods
or
services
at
a
higher
price
if
the
state
3
refuses
to
allow
a
contractual
limitation
of
vendor
liability.
4
(2)
Whether
the
contractual
limitation
of
vendor
liability
5
is
commercially
reasonable
when
taking
into
account
any
risk
to
6
the
state
created
by
the
goods
or
services
to
be
procured
and
7
the
purpose
for
which
they
will
be
used.
8
b.
The
state
court
administrator
may
consider
additional
9
criteria.
10
3.
Notwithstanding
subsection
1,
a
contractual
limitation
11
of
vendor
liability
shall
not
include
any
limitation
on
the
12
liability
of
any
vendor
for
intentional
torts,
criminal
acts,
13
or
fraudulent
conduct.
14
DIVISION
IV
15
APPORTIONMENT
OF
DISTRICT
ASSOCIATE
JUDGES
16
Sec.
4.
Section
602.6301,
Code
2023,
is
amended
to
read
as
17
follows:
18
602.6301
Number
and
apportionment
of
district
associate
19
judges.
20
1.
There
shall
be
one
district
associate
judge
in
counties
21
having
a
population
of
more
than
thirty-five
thousand
and
less
22
than
eighty
thousand;
two
in
counties
having
a
population
of
23
eighty
thousand
or
more
and
less
than
one
hundred
twenty-five
24
thousand;
three
in
counties
having
a
population
of
one
25
hundred
twenty-five
thousand
or
more
and
less
than
one
hundred
26
seventy
thousand;
four
in
counties
having
a
population
of
one
27
hundred
seventy
thousand
or
more
and
less
than
two
hundred
28
fifteen
thousand;
five
in
counties
having
a
population
of
two
29
hundred
fifteen
thousand
or
more
and
less
than
two
hundred
30
sixty
thousand;
six
in
counties
having
a
population
of
two
31
hundred
sixty
thousand
or
more
and
less
than
three
hundred
32
five
thousand;
seven
in
counties
having
a
population
of
three
33
hundred
five
thousand
or
more
and
less
than
three
hundred
34
fifty
thousand;
eight
in
counties
having
a
population
of
three
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472
hundred
fifty
thousand
or
more
and
less
than
three
hundred
1
ninety-five
thousand;
nine
in
counties
having
a
population
of
2
three
hundred
ninety-five
thousand
or
more
and
less
than
four
3
hundred
forty
thousand;
ten
in
counties
having
a
population
of
4
four
hundred
forty
thousand
or
more
and
less
than
four
hundred
5
eighty-five
thousand;
and
one
additional
judge
for
every
6
population
increment
of
thirty-five
thousand
which
is
over
7
four
hundred
eighty-five
thousand
in
such
counties.
However,
8
a
county
shall
not
lose
a
district
associate
judgeship
solely
9
because
of
a
reduction
in
the
county’s
population.
If
the
10
formula
provided
in
this
section
results
in
the
allocation
11
of
an
additional
district
associate
judgeship
to
a
county,
12
implementation
of
the
allocation
shall
be
subject
to
prior
13
approval
of
the
supreme
court
and
availability
of
funds
to
the
14
judicial
branch.
The
supreme
court
shall
prescribe,
subject
15
to
the
restrictions
of
this
section,
a
formula
to
determine
16
the
number
of
district
associate
judges
who
will
serve
in
each
17
judicial
election
district.
The
formula
shall
be
based
upon
18
a
model
that
measures
and
applies
an
estimated
case-related
19
workload
formula
of
judicial
officers,
and
shall
account
for
20
administrative
duties,
travel
time,
and
other
judicial
duties
21
not
related
to
a
specific
case.
A
district
associate
judge
22
appointed
pursuant
to
section
602.6302
or
602.6307
shall
not
23
be
counted
for
purposes
of
this
section
and
the
reduction
of
24
a
district
associate
judge
pursuant
to
section
602.6303
also
25
shall
not
be
counted
for
purposes
of
this
section
.
26
2.
For
purposes
of
this
section,
“vacancy”
means
the
death,
27
resignation,
retirement,
or
removal
of
a
district
associate
28
judge,
or
the
failure
of
a
district
associate
judge
to
be
29
retained
in
office
at
the
judicial
election,
or
an
increase
in
30
judgeships
under
the
formula
prescribed
in
subsection
1.
31
3.
In
those
judicial
election
districts
having
more
32
district
associate
judges
than
the
number
of
judgeships
33
specified
by
the
formula
prescribed
in
subsection
1,
vacancies
34
shall
not
be
filled.
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4.
In
those
judicial
election
districts
having
fewer
or
1
the
same
number
of
district
associate
judges
as
the
number
of
2
judgeships
specified
by
the
formula
prescribed
in
subsection
1,
3
vacancies
shall
be
filled
as
the
vacancies
occur.
4
5.
In
those
judicial
districts
that
contain
more
than
one
5
judicial
election
district,
a
vacancy
in
a
judicial
election
6
district
shall
not
be
filled
if
the
total
number
of
district
7
associate
judges
in
all
judicial
election
districts
within
8
the
judicial
district
equals
or
exceeds
the
aggregate
number
9
of
judgeships
to
which
all
of
the
judicial
election
districts
10
of
the
judicial
district
are
authorized
by
the
formula
in
11
subsection
1.
12
6.
An
incumbent
district
associate
judge
shall
not
be
13
removed
from
office
because
of
a
reduction
in
the
number
of
14
authorized
judgeships
specified
by
the
formula
prescribed
in
15
subsection
1.
16
DIVISION
V
17
REMOTE
TESTIMONY
AND
VIDEO
RECORDINGS
18
Sec.
5.
Section
602.3205,
Code
2023,
is
amended
to
read
as
19
follows:
20
602.3205
Audio
and
video
recordings.
21
1.
Except
as
provided
in
subsection
2
or
3
,
a
certified
22
shorthand
reporter’s
audio
and
video
recordings
used
solely
23
for
the
purpose
of
providing
a
verbatim
written
transcript
of
24
a
court
proceeding
or
a
proceeding
conducted
in
anticipation
25
of
use
in
a
court
proceeding
shall
be
considered
the
personal
26
property
and
private
work
product
of
the
certified
shorthand
27
reporter.
28
2.
An
audio
or
video
recording
of
a
certified
shorthand
29
reporter
appointed
under
section
602.6603
shall
be
provided
to
30
the
presiding
judge
or
chief
judge
for
an
in
camera
review
upon
31
court
order
for
good
cause
shown.
32
3.
a.
An
audio
or
video
recording
of
a
certified
shorthand
33
reporter
shall
be
provided
to
the
board
upon
request
by
the
34
board
if
a
disciplinary
proceeding
is
pending
regarding
the
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472
certified
shorthand
reporter
who
is
a
respondent
under
the
1
provisions
of
section
602.3203
or
the
rules
of
the
board
of
2
examiners
of
shorthand
reporters,
Iowa
court
rules,
ch.
46
.
3
b.
The
audio
and
video
recordings
provided
to
the
board
4
pursuant
to
this
subsection
shall
be
kept
confidential
by
the
5
board
in
a
manner
as
provided
in
section
272C.6,
subsection
4
.
6
Sec.
6.
Section
624.1,
subsection
1,
Code
2023,
is
amended
7
to
read
as
follows:
8
1.
All
issues
of
fact
in
ordinary
actions
shall
be
tried
9
upon
oral
evidence
taken
in
open
court,
except
that
depositions
10
may
be
used
as
provided
by
law.
“Open
court”
includes
remote
11
testimony
of
a
witness
by
telephone,
videoconference,
or
other
12
remote
means
of
communication
approved
by
the
court.
13
DIVISION
VI
14
ACCESS
TO
CRIMINAL
HISTORY
RECORDS
15
Sec.
7.
Section
692.2,
subsection
5,
Code
2023,
is
amended
16
to
read
as
follows:
17
5.
A
person
other
than
the
department
of
public
safety
18
shall
not
disseminate
criminal
history
data
maintained
by
the
19
department
to
persons
who
are
not
criminal
or
juvenile
justice
20
agencies
,
except
as
set
forth
in
section
692.3
.
21
Sec.
8.
Section
692.3,
subsection
3,
Code
2023,
is
amended
22
to
read
as
follows:
23
3.
The
information
described
in
this
section
subsections
24
1
and
2
may
be
redisseminated
through
any
written,
audio,
or
25
visual
means
utilized
by
a
criminal
or
juvenile
justice
agency.
26
Sec.
9.
Section
692.3,
Code
2023,
is
amended
by
adding
the
27
following
new
subsections:
28
NEW
SUBSECTION
.
4.
A
person
may
disseminate
criminal
29
history
data
of
an
accused
to
the
attorney
of
the
accused
and
30
to
self-represented
litigants
in
a
pending
criminal
matter
31
in
district
or
juvenile
court,
if
the
criminal
history
data
32
is
already
part
of
the
prosecution’s
file
and
subject
to
a
33
discovery
obligation.
34
NEW
SUBSECTION
.
5.
Upon
order
of
the
court,
a
person
may
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disseminate
criminal
history
data
of
an
accused
that
is
not
1
already
part
of
the
prosecution’s
file,
or
criminal
history
2
data
of
a
witness,
to
the
attorney
of
the
accused,
prosecutors,
3
and
to
self-represented
litigants
in
a
pending
criminal
matter
4
in
district
or
juvenile
court.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
judicial
branch
administration.
9
PATIENT
ADVOCATES.
The
bill
removes
the
requirement
that
10
the
judicial
council
develop
and
promulgate
best
practices
for
11
court-assigned
advocates
of
persons
with
mental
illness.
Under
12
the
bill,
such
advocates
may
use
any
best
practices
for
their
13
duties.
14
JURORS
——
INFORMATION.
The
bill
provides
that
prospective
15
juror
year
of
birth
and
city
and
zip
code
address
information
16
is
available
to
the
public
but
that
more
specific
address
17
information,
phone
numbers,
and
date
and
month
of
birth
are
18
confidential
and
are
not
subject
to
disclosure
without
an
order
19
of
the
court.
Attorneys
representing
parties
to
the
case
20
are
entitled
to
complete
juror
questionnaires
of
jurors
and
21
prospective
jurors
without
court
order.
22
CONTRACTING
AUTHORITY.
The
bill
allows
the
state
court
23
administrator
to
enter
into
contracts
with
vendors
that
include
24
limitations
of
liability
for
the
vendors,
after
considering
25
certain
criteria
set
forth
in
the
bill.
However,
the
bill
26
prohibits
limitations
of
liability
for
any
intentional
torts,
27
criminal
acts,
or
fraudulent
conduct
by
the
vendor.
28
APPORTIONMENT
OF
DISTRICT
ASSOCIATE
JUDGES.
The
bill
29
provides
for
a
new
formula
to
be
prescribed
by
the
Iowa
supreme
30
court
for
apportioning
district
associate
judges
based
upon
31
a
weighted
workload.
Under
current
law,
district
associate
32
judges
are
apportioned
based
upon
county
population.
33
The
bill
provides
that
in
judicial
election
districts
34
that
currently
have
more
district
associate
judges
than
the
35
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6/
8
S.F.
472
new
formula
prescribes,
vacancies
shall
not
be
filled,
while
1
districts
having
fewer
or
the
same
shall
fill
vacancies
as
2
they
occur.
In
judicial
districts
that
contain
more
than
one
3
judicial
election
district,
a
vacancy
in
a
judicial
election
4
district
shall
not
be
filled
if
the
total
number
of
district
5
associate
judges
in
all
judicial
election
districts
within
6
the
judicial
district
equals
or
exceeds
the
aggregate
number
7
of
judgeships
to
which
all
of
the
judicial
election
districts
8
of
the
judicial
district
are
authorized.
Incumbents
shall
9
not
be
removed
because
of
a
reduction
in
number
of
authorized
10
judgeships.
11
REMOTE
TESTIMONY
AND
VIDEO
RECORDINGS.
The
bill
adds
video
12
recordings
to
Code
section
602.3205
(certified
shorthand
13
reporter
audio
recordings).
The
bill
provides
that
a
certified
14
shorthand
reporter’s
audio
and
video
recordings
used
solely
15
for
the
purpose
of
providing
a
verbatim
written
transcript
of
16
a
court
proceeding
or
a
proceeding
conducted
in
anticipation
17
of
use
in
a
court
proceeding
shall
be
considered
the
personal
18
property
and
private
work
product
of
the
certified
shorthand
19
reporter,
except
that
an
audio
or
video
recording
of
a
20
certified
shorthand
reporter
shall
be
provided
to
the
presiding
21
judge
or
chief
judge
for
an
in
camera
review
upon
court
order
22
for
good
cause
shown
and
an
audio
or
video
recording
of
a
23
certified
shorthand
reporter
shall
be
provided
to
the
board
of
24
examiners
of
shorthand
reporters
upon
request
by
the
board
if
25
a
disciplinary
proceeding
is
pending
regarding
the
certified
26
shorthand
reporter.
27
For
purposes
of
oral
evidence
in
court
trials,
the
bill
28
defines
the
term
“open
court”
to
include
remote
testimony
of
a
29
witness
by
telephone,
videoconference,
or
other
remote
means
30
approved
by
the
court.
31
Under
current
law,
all
testimony
needs
to
be
taken
in
open
32
court,
except
for
depositions.
In
the
supreme
court
of
Iowa’s
33
decision
in
In
re
Estate
of
Rutter,
633
N.W.2d
740
(Iowa
2001),
34
the
court
held
the
phrase
“in
open
court”
meant
physical
35
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472
presence
in
the
courtroom
itself,
and
ruled
that
allowing
1
telephonic
testimony
over
objection
violated
the
statute.
2
ACCESS
TO
CRIMINAL
HISTORY
RECORDS.
The
bill
allows
3
criminal
history
data
of
an
accused
person
to
be
disseminated
4
to
the
attorney
of
the
accused
and
self-represented
litigants
5
without
a
court
order,
if
the
criminal
history
data
is
already
6
a
part
of
the
prosecution’s
file
and
is
subject
to
a
discovery
7
obligation.
The
bill
also
allows
criminal
history
data
of
an
8
accused
person,
or
of
a
witness,
to
be
disseminated
to
the
9
attorney
of
the
accused,
prosecutors,
and
self-represented
10
litigants
upon
court
order.
11
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