Bill Summary – FastDemocracy

House File 468 - Introduced
                                  HOUSE FILE 468
                                  BY COMMITTEE ON JUDICIARY
                                  (SUCCESSOR TO HSB 141)
                            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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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                             DIVISION I
                         PATIENT ADVOCATES
    Section 1. Section 229.19, subsection 1, paragraph d,
 subparagraph (7), Code 2023, is amended to read as follows:
    (7) To utilize the related best practices for the duties
 identified in this paragraph “d” developed and promulgated by
 the judicial council.
                            DIVISION II
                       JURORS —— INFORMATION
    Sec. 2. NEW SECTION. 607A.48 Public access to juror
 information.
    1. Public access to juror and prospective juror information
 shall be limited. Information on the year of birth and address
 information identifying the city and zip code of prospective
 jurors shall be available to the public. However, more
 specific address information, phone numbers, and the date and
 month of birth of prospective jurors are confidential and not
 subject to disclosure without an order of the court.
    2. Notwithstanding subsection 1, attorneys representing
 parties to the case are entitled to the complete juror
 questionnaires of jurors and prospective jurors without order
 of the court.
                            DIVISION III
                       CONTRACTING AUTHORITY
    Sec. 3. NEW SECTION. 602.1209A State court administrator
 may contractually limit vendor liability.
    1. 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.
    2. a. The state court administrator shall consider all of
 the following criteria when determining whether to permit a
 contractual limitation of vendor liability with regard to any
 procurement of goods or services:
    (1) Whether authorizing a contractual limitation of vendor
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 liability is necessary to prevent harm to the state from
 a failure to obtain the goods or services sought, or from
 obtaining the goods or services at a higher price if the state
 refuses to allow a contractual limitation of vendor liability.
    (2) Whether the contractual limitation of vendor liability
 is commercially reasonable when taking into account any risk to
 the state created by the goods or services to be procured and
 the purpose for which they will be used.
    b. The state court administrator may consider additional
 criteria.
    3. 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.
                           DIVISION IV
            APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES
    Sec. 4. Section 602.6301, Code 2023, is amended to read as
 follows:
    602.6301 Number and apportionment of district associate
 judges.
    1. There shall be one district associate judge in counties
 having a population of more than thirty-five thousand and less
 than eighty thousand; two in counties having a population of
 eighty thousand or more and less than one hundred twenty-five
 thousand; three in counties having a population of one
 hundred twenty-five thousand or more and less than one hundred
 seventy 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; six in counties having a population of two
 hundred sixty thousand or more and less than three hundred
 five thousand; seven in counties having a population of three
 hundred five thousand or more and less than three hundred
 fifty thousand; eight in counties having a population of three
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 hundred fifty thousand or more and less than three hundred
 ninety-five 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; 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
 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. The formula shall be based upon
 a model that measures and applies an estimated case-related
 workload formula of judicial officers, and shall account for
 administrative duties, travel time, and other judicial duties
 not related to a specific case. A district associate judge
 appointed pursuant to section 602.6302 or 602.6307 shall not
 be counted for purposes of this section and the reduction of
 a district associate judge pursuant to section 602.6303 also
 shall not be counted for purposes of this section.
    2. 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.
    3. 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.
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    4. 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.
    5. 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.
    6. 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.
                            DIVISION V
               REMOTE TESTIMONY AND VIDEO RECORDINGS
    Sec. 5. Section 602.3205, Code 2023, is amended to read as
 follows:
    602.3205 Audio and video recordings.
    1. 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.
    2. An audio or video recording of a certified shorthand
 reporter appointed under section 602.6603 shall be provided to
 the presiding judge or chief judge for an in camera review upon
 court order for good cause shown.
    3. a. An audio or video recording of a certified shorthand
 reporter shall be provided to the board upon request by the
 board if a disciplinary proceeding is pending regarding the
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 certified shorthand reporter who is a respondent under the
 provisions of section 602.3203 or the rules of the board of
 examiners of shorthand reporters, Iowa court rules, ch. 46.
    b. The audio and video recordings provided to the board
 pursuant to this subsection shall be kept confidential by the
 board in a manner as provided in section 272C.6, subsection 4.
    Sec. 6. Section 624.1, subsection 1, Code 2023, is amended
 to read as follows:
    1. All issues of fact in ordinary actions shall be tried
 upon oral evidence taken in open court, except that depositions
 may be used as provided by law. “Open court” includes remote
 testimony of a witness by telephone, videoconference, or other
 remote means of communication approved by the court.
                            DIVISION VI
                ACCESS TO CRIMINAL HISTORY RECORDS
    Sec. 7. Section 692.2, subsection 5, Code 2023, is amended
 to read as follows:
    5. A person other than the department of public safety
 shall not disseminate criminal history data maintained by the
 department to persons who are not criminal or juvenile justice
 agencies, except as set forth in section 692.3.
    Sec. 8. Section 692.3, subsection 3, Code 2023, is amended
 to read as follows:
    3. The information described in this section subsections
 1 and 2 may be redisseminated through any written, audio, or
 visual means utilized by a criminal or juvenile justice agency.
    Sec. 9. Section 692.3, Code 2023, is amended by adding the
 following new subsections:
    NEW SUBSECTION. 4. A person may disseminate criminal
 history data of an accused to the attorney of the accused and
 to self-represented litigants in a pending criminal matter
 in district or juvenile court, if the criminal history data
 is already part of the prosecution’s file and subject to a
 discovery obligation.
    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
 already part of the prosecution’s file, or criminal history
 data of a witness, to the attorney of the accused, prosecutors,
 and to self-represented litigants in a pending criminal matter
 in district or juvenile court.
                           EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill relates to judicial branch administration.
    PATIENT ADVOCATES. The bill removes the requirement that
 the judicial council develop and promulgate best practices for
 court-assigned advocates of persons with mental illness. Under
 the bill, such advocates may use any best practices for their
 duties.
    JURORS —— INFORMATION. The bill provides that prospective
 juror year of birth and city and zip code address information
 is available to the public but that more specific address
 information, phone numbers, and date and month of birth are
 confidential and are not subject to disclosure without an order
 of the court. Attorneys representing parties to the case
 are entitled to complete juror questionnaires of jurors and
 prospective jurors without court order.
    CONTRACTING AUTHORITY. The bill allows the state court
 administrator to enter into contracts with vendors that include
 limitations of liability for the vendors, after considering
 certain criteria set forth in the bill. However, the bill
 prohibits limitations of liability for any intentional torts,
 criminal acts, or fraudulent conduct by the vendor.
    APPORTIONMENT OF DISTRICT ASSOCIATE JUDGES. The bill
 provides for a new formula to be prescribed by the Iowa supreme
 court for apportioning district associate judges based upon
 a weighted workload. Under current law, district associate
 judges are apportioned based upon county population.
    The bill provides that in judicial election districts
 that currently have more district associate judges than the
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 new formula prescribes, vacancies shall not be filled, while
 districts having fewer or the same shall fill vacancies as
 they occur. In 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. Incumbents shall
 not be removed because of a reduction in number of authorized
 judgeships.
    REMOTE TESTIMONY AND VIDEO RECORDINGS. The bill adds video
 recordings to Code section 602.3205 (certified shorthand
 reporter audio recordings). The bill provides that 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 that an audio or video recording of a
 certified shorthand reporter shall be provided to the presiding
 judge or chief judge for an in camera review upon court order
 for good cause shown and an audio or video recording of a
 certified shorthand reporter shall be provided to the board of
 examiners of shorthand reporters upon request by the board if
 a disciplinary proceeding is pending regarding the certified
 shorthand reporter.
    For purposes of oral evidence in court trials, the bill
 defines the term “open court” to include remote testimony of a
 witness by telephone, videoconference, or other remote means
 approved by the court.
    Under current law, all testimony needs to be taken in open
 court, except for depositions. In the supreme court of Iowa’s
 decision in In re Estate of Rutter, 633 N.W.2d 740 (Iowa 2001),
 the court held the phrase “in open court” meant physical
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 presence in the courtroom itself, and ruled that allowing
 telephonic testimony over objection violated the statute.
    ACCESS TO CRIMINAL HISTORY RECORDS. The bill allows
 criminal history data of an accused person to be disseminated
 to the attorney of the accused and self-represented litigants
 without a court order, if the criminal history data is already
 a part of the prosecution’s file and is subject to a discovery
 obligation. The bill also allows criminal history data of an
 accused person, or of a witness, to be disseminated to the
 attorney of the accused, prosecutors, and self-represented
 litigants upon court order.
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Statutes affected: 
Introduced: 229.19, 602.6301, 602.6302, 602.6603, 692.2, 692.3