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KimReynolds OFFICE O F T H E G O V E R N O R Adam Gregg G O V E R N O R LT G O V E R N O R June 1.2023 The Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines.Iowa 50319 Dear Mr.Secretary.
Senate File 563 - Enrolled Senate File 563 AN ACT RELATING TO THE JUDICIAL BRANCH, INCLUDING APPROPRIATIONS TO THE JUDICIAL BRANCH, APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES, VIDEO RECORDINGS, NONCONTRACT ATTORNEY APPOINTMENT, AND CONTRACTING AUTHORITY.
1herebytransmitSenateFile563.anActrelatingtothejudicialbranch,includingappropriations tothejudicialbranch,apportionmentofdistictassociatejudges,videorecordings,noncontract attorneyappointment,andcontractingauthority.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
When individualschargedwithacrimearewithoutthefinancialmeanstohiretheirownlegal counsel,thegovernmenti srequiredtoprovidethemwithanattorney.TheStatePublicDefender ("SPD")hasprimaryresponsibilitytoprovidesuchrepresentation.IfaconflictarisesortheSPD lacksthenecessaryresources,thenaprivateattorneywithacontractwiththeSPD i sappointed.
DIVISION I FY 2023-2024 APPROPRIATIONS Section 1.
When boththeSPD orprivatecontractattorneyscannotproviderepresentation,judgescan appointaprivateattorneyinthearea,orastheCodeprovides,a'"noncontractattorney." Section8ofSenateFile563wouldrequireanoncontractattorney'sconsentbeforebeing appointedtorepresentanindigentindividual.Proponentsofthisleislatonarguethat representingindigentswillcauseinancialburdensnotseeninotherlicensedprofessions.Butthe constitutionalrighttocounselcannotbesoeasilysubverted.Allattorneysoweadutytothelegal professiontoacceptsuchanappointmentifneeded.And ofcourse,t hischangecreatesthe ossiilitythatifnoattorneysconsent,indigentindividualswillbeetwithoutlegal representation.Thaipossibilitywouldtrulybringaboutthecrisisforewarnedbysome.
JUDICIAL BRANCH.
AttorneysshouldbeencouragedtocontractwiththeSPD,and1am proudtoapproveanhourly rateincreaseforthoseattorneysinSenateFile562.1alsoapplaudtheeffortsofourvolunlar>'bar associationtorecruitattorneystocontractwiththeSPD.Ifsuccessful,thoseeffortswould eliminatetheneed forSection8 ofSenateFile563.asnoncontractattorneysareonlyappointed as a lastresort.
Forthesereasons.1respectfullydisapproveSenateFile563inpart,onlyasspecifiedabove,in accordance with Article III.Section 16 ofthe Iowa Constitution ofthe State ofIowa.The remainderofSenateFile563notdisapprovedasstatedhereinisapprovedonthisdate.
Sincerely.
-yi Governor of cc:
SecretaiyoftheSenate Clerk of the House STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 FAX 515.725.3WWW.GOVERNOR.IOWA.GOV E PRIZE R RIOHT WILLUAINTA) !!™mi!ii!:iiiii;;i!n]ls?fsin?;!Mraiiiimi»bJ:::"!':iv nuiHiiiim Ml :k;' ! G E N E R A L A S S I sansai !t';i;i]nHitimi ur;i;:^iH!r!:;iJji9ti!i!i!;!;!]i3i)i !ir[E! :i ti :E!:i;i !i ]i;:!i!ifi ]:ini:!il S e n a t e F i l e 5 6 3 A N A C T R E L A T I N G T O T H E J U D I C I A L B R A N C H , I N C L U D I N G A P P R O P R I A T I O N S T O T H E J U D I C I A L B R A N C H , A P P O R T I O N M E N T O F D I S T R I C T A S S O C I A T E JUDGES, VIDEO RECORDINGS, NONCONTRACT ATTORNEY APPOINTMENT, A N D C O N T R A C T I N G A U T H O R I T Y .
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O F T H E S T A T E O F I O W A ;
D I V I S I O N I F Y 2 0 2 3 - 2 0 2 4 A P P R O P R I A T I O N S S e c t i o n 1 .
J U D I C I A L B R A N C H .
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(4) Notwithstanding chapter 232 or any other provision of Senate Pile 563, p.
(4) Notwithstanding chapter 232 or any other provision of Senate File 563, p.
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.
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.
(7) Of the moneys appropriated in this lettered paragraph, $23,000 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 3 2 .
(7) Of the moneys appropriated in this lettered paragraph, $23,000 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.
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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 d o l l a r s .
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.
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 division of this Act, unless notice of the revisions is given to the legislative services agency prior t ot h e f f e c td a t eT h n o t i s h a i n c l i n f o r m a t i o n on the judicial branch's rationale for making the changes and details concerning the workload and performance measures upon which the changes are based.
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 division of 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.
The judicial branch shall continue to facilitate the sharing of vital Senate Pile 563, p.
The judicial branch shall continue to facilitate the sharing of vital Senate File 563, p.
CIVIL TRIALS — LOCATION.
CIVIL TRIALS —— LOCATION.
Notwithstanding section 602.1509, for the fiscal year beginning July 1, 2023, and ending June 30, 2024, a judicial officer may waive travel reimbursement for any travel outside the judicial officer's county of residence to conduct official judicial business.
Notwithstanding section 602.1509, for the fiscal year beginning July 1, 2023, and ending June 30, 2024, a judicial officer may waive travel reimbursement for any travel outside the judicial officer’s county of residence to conduct official judicial business.
JUDICIAL OFFICER — UNPAID LEAVE.
JUDICIAL OFFICER —— UNPAID LEAVE.
Notwithstanding the annual salary rates for judicial officers established by Iowa Acts, chapter 1145, section 6, for the fiscal year beginning July 1, 2023, and ending June 30, 2024, 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.
Notwithstanding the annual salary rates for judicial officers established by 2022 Iowa Acts, chapter 1145, section 6, for the fiscal year beginning July 1, 2023, and ending June 30, 2024, 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.
S e c .
Sec.
5I O W A C O M M U N I C A T I O I t i t h e i n t e n t Senate File 563, p.
5.
IOWA COMMUNICATIONS NETWORK.
It is the intent Senate File 563, p.
D I V I SI IO N A P P O R T I O N M E N T O F D I S T R I C T A S S O C I A T E J U D G E S Sec.
DIVISION II APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES Sec.
Section 602.6301, Code 2023, is amended to read as f o l l o w s :
Section 602.6301, Code 2023, is amended to read as follows:
There shall bo one district associate judge in counties having a population of more than thirty five thousand and loss than eighty thousand;
There shall be one district associate judge in counties having a population of more than thirty-five thousand and less than eighty thousand;
three in counties having a population of one hundred twenty-five thousand or more and less than one hundred seventy thousand;—four in countiea having a population of one hundred seventy thousand or more and less than two hundred fifteen thousand;
three in counties having a population of one hundred twenty-five thousand or more and less than one hundred seventy thousand;
five in countiea having a population of two h u n d r e d f it h o u sor more a n d l e s s tt w h u n d r e d aixty thousand;
four in counties having a population of one hundred seventy thousand or more and less than two hundred fifteen thousand;
five in counties having a population of two hundred fifteen thousand or more and less than two hundred sixty thousand;
seven in countiea having a population of three hundred f i v t h o u sor more a n dl e s s t t h r h u n d r e d fifty thousand;
seven in counties having a population of three hundred five thousand or more and less than three hundred fifty thousand;
nine in counties having a population of three hundred ninety-five thousand or more and less than four hundred forty thousand;—ten in counties having a population of four hundred forty thousand or more and less than four hundred eighty-five thousand;
nine in counties having a population of three hundred ninety-five thousand or more and less than four hundred forty thousand;
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and one additional judge for every population increment of thirty-five thousand which is over four hundred eighty-five thousand in such counties.—However# a county shall not lose a district associate judgeship solely because of a reduction in the county^s population.—If the formula provided in this section results in the allocation of an additional district associate judgeship to a county# implementation of the allocation shall be subject to prior approval of the supreme court and availability of funds to the Senate Pile 563, p.
ten in counties having a population of four hundred forty thousand or more and less than four hundred eighty-five thousand;
7 judicial branch* The supreme court shall prescribe, subject to the restrictions of this section, a formula to determine the number of district associate judges who will serve in each judicial election district.
and one additional judge for every population increment of thirty-five thousand which is over four hundred eighty-five thousand in such counties.
However, a county shall not lose a district associate judgeship solely because of a reduction in the county’s population.
If the formula provided in this section results in the allocation of an additional district associate judgeship to a county, implementation of the allocation shall be subject to prior approval of the supreme court and availability of funds to the Senate File 563, p.
7 judicial branch.
The supreme court shall prescribe, subject to the restrictions of this section, a formula to determine the number of district associate judges who will serve in each judicial election district.
For purposes of this section, '^vacancy" means the death, resignation, retirement, or removal of a district associate judge, or the failure of a district associate judge to be retained in office at the judicial election, or an increase in judgeships under the formula prescribed in subsection 1.
For purposes of this section, “vacancy” means the death, resignation, retirement, or removal of a district associate judge, or the failure of a district associate judge to be retained in office at the judicial election, or an increase in judgeships under the formula prescribed in subsection 1.
In those judicial election districts having more district associate judges than the number of judgeships specified by the formula prescribed in subsection 1, vacancies s h a l l nbe f i l l e d .
In those judicial election districts having more district associate judges than the number of judgeships specified by the formula prescribed in subsection 1, vacancies shall not be filled.
In those judicial election districts having fewer or the same number of district associate judges as the number of judgeships specified by the formula prescribed in subsection 1, v a c a n c i e sbe f i l la st h ev a c a n c i e s o c c u r .
In those judicial election districts having fewer or the same number of district associate judges as the number of judgeships specified by the formula prescribed in subsection 1, vacancies shall be filled as the vacancies occur.
In those judicial districts that contain more than one judicial election district, a vacancy in a judicial election d i s t r i c t n o b e f i l i ft h e t o tnumber o f d i s t r i c t associate judges in all judicial election districts within the judicial district equals or exceeds the aggregate number of judgeships to which all of the judicial election districts of the judicial district are authorized by the formula in s u b s e c 1 .
In those judicial districts that contain more than one judicial election district, a vacancy in a judicial election district shall not be filled if the total number of district associate judges in all judicial election districts within the judicial district equals or exceeds the aggregate number of judgeships to which all of the judicial election districts of the judicial district are authorized by the formula in subsection 1.
o n 6.
6.
An incumbent district associate judge shall not be removed f r o m office because of areduction in the number o f authorized judgeships specified by the formula prescribed in s u b s e c 1 .
An incumbent district associate judge shall not be removed from office because of a reduction in the number of authorized judgeships specified by the formula prescribed in subsection 1.
o n D I V I S I I I V I D R E C O R D I N G S Senate File 563, p.
DIVISION III VIDEO RECORDINGS Senate File 563, p.
Section 602.3205, Code 2023, is amended to read as f o l l o w s :
Section 602.3205, Code 2023, is amended to read as follows:
Except as provided in subsection 2 or 3, a certified shorthand reporter's audio and video recordings used solely for the purpose of providing a verbatim written transcript of a court proceeding or a proceeding conducted in anticipation of use in a court proceeding shall be considered the personal property and private work product of the certified shorthand reporter.
Except as provided in subsection 2 or 3, a certified shorthand reporter’s audio and video recordings used solely for the purpose of providing a verbatim written transcript of a court proceeding or a proceeding conducted in anticipation of use in a court proceeding shall be considered the personal property and private work product of the certified shorthand reporter.
SlA-£d IVISTON TV.
DIVISION IV NONCONTRACT ATTORNEY APPOINTMENT Sec.
j a O W C O NA T T O R A P P O I M T M B M T .
8.
Boo.
NONCONTRACT ATTORNEY APPOINTMENT.
8 , NONCONTRACT ATTORNEY APPOINTMENTt For the fiooal-i year beginning July 1,—3033, and ending June 30,—3034, a court.
For the fiscal year beginning July 1, 2023, and ending June 30, 2024, a court shall not appoint a noncontract attorney under section 815.10, subsection 3, without the noncontract attorney’s consent.
ohall not appoint a noncontract attorney under ooction 815tlft, 8ubBQCt4on-3,--w444tou4—the—nftoontraotattorney'□ concQnt^ D IV IS IOVN C O N T R A A U T H O R IT Y S e c 9 .
DIVISION V CONTRACTING AUTHORITY Sec.
NEW SEC TIO N 6 0 2 .1 2 S ta tec o u a d m in is t r a t o r may c o n tra c tu lim it vendor l i a b i l i t y .
9.
NEW SECTION.
602.1209A State court administrator may contractually limit vendor liability.
The s ta tec o u rt a d m in is tra to r may a th e o riz e procurem ent o f goods and s e rv icin w hich a c o n tra c tu a l lim ita tio o f vendor l i a b i isip ro v idfo rand s e t fo r in the documents in it ia t inthe procurem ent.
The state court administrator may authorize the procurement of goods and services in which a contractual limitation of vendor liability is provided for and set forth in the documents initiating the procurement.
a .
2.
T hes t a c o u a d m in is t rs h a c o n s ida l o f the fo llo w inc r it e when d e te rm in in g w hether to p e rm it a Senate File 563, p.
a.
The state court administrator shall consider all of the following criteria when determining whether to permit a Senate File 563, p.
The state court administrator may consider additional c r i t e r i a .
The state court administrator may consider additional criteria.
Notwithstanding subsection 1, a contractual limitation of vendor liability shall not include any limitation on the liability of any vendor for intentional torts, criminal acts, o rf r a u d u c o n d u c t .
Notwithstanding subsection 1, a contractual limitation of vendor liability shall not include any limitation on the liability of any vendor for intentional torts, criminal acts, or fraudulent conduct.
A M r SINCI/AIR PAT GRASSLEY, P r e s i d e t h e S e n a t e Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 563, Ninetieth General Assembly.
______________________________ ______________________________ AMY SINCLAIR PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 563, Ninetieth General Assembly.
c L r k < i ^ W .C H A R S M I T H S O N Secretary of the Senate 1- Approved 2 0 2 3 K I R E Y N O L D S G o v e r n o r
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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