Fiscal Note
Fiscal Services Division
SF 2187 – Video Conferencing (LSB1186SZ)
Staff Contact: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2187 relates to the use of video conferences in judicial proceedings and takes effect
upon enactment. The Bill does the following:
• Provides that for an initial appearance or arraignment, upon the motion of any of the parties,
the proceeding is to be conducted by video conference if appropriate technology is
available.
• Provides that for a pretrial conference, scheduling conference, or any other noncontested
judicial proceeding, upon the motion of any of the parties, the proceeding is to be conducted
by video conference if appropriate technology is available unless the court orders the
proceeding to be held in person for good cause.
• Provides that for a hearing in a criminal, juvenile, or postconviction relief proceeding, upon
motion of any of the parties, the hearing may be conducted by video conference if it is
conducted in an efficient manner, does not prejudice a substantial right of any party, and if
appropriate technology is available.
• Provides that any party may file a resistance to a motion to hold a judicial proceeding by
video conference.
• Provides that the term “open court” includes the remote testimony of a witness by video
conference or other remote means of communication if approved by the court.
Background
During the COVID-19 pandemic, the Judicial Branch temporarily allowed certain judicial
proceedings to be conducted by video conference or telephone.
Currently, Iowa Code section 624.1 provides that all issues of fact in ordinary actions are to be
tried upon oral evidence taken in open court, except that depositions may be used as provided
by law. The Iowa Supreme Court held that the phrase “in open court” meant physical presence
in the courtroom and ruled that allowing telephonic testimony over objection violated this statute
(in re Estate of Rutter, 633 N.W.2d 745-46 (Iowa Ct. App. 2001)).
On November 4, 2022, the Iowa Supreme Court, to provide clarification and uniformity in Iowa
courts, issued an order regarding remote judicial proceedings. The order stated the following
for nonappellate court proceedings:
• The court has the discretion to determine when a judicial proceeding will be held remotely or
in person unless otherwise provided by law.
• Any decision on whether to hold a judicial proceeding remotely must be made on a
case-by-case basis.
• Courts should not have a standard practice of always having a particular proceeding occur
in person or remotely.
• All contested court proceedings are presumed to occur in person.
• A contested testimonial proceeding may occur by video conference or telephone only with
the consent of all parties and in the court’s discretion.
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• Courts may direct, and parties may request, that uncontested court proceedings or
contested nontestimonial court proceedings occur by video conference or telephone if
appropriate technology is available.
• For routine, uncontested matters, courts are encouraged to utilize remote technology when
available and when doing so does not prejudice a party.
• Any party may file a resistance to a proceeding being conducted remotely and request that
the proceeding occur in person.
• If the court denies the request, the court is to state the reasons for the denial with
particularity.
According to data collected by the Judicial Branch in January 2023:
• 95.0% of requests for noncontested proceedings to be held remotely were granted.
• 91.0% of requests for pretrial conferences to be held remotely were granted.
• 35.0% of noncontested proceedings are held remotely, regardless of whether they were
done at the request of a party or on the court’s initiative.
• 24.0% of pretrial conferences were held remotely, regardless of whether they were done at
the request of a party or on the court’s initiative.
Public defenders are funded from the State Public Defender (SPD) operating budget, and
contract attorneys are funded from the Indigent Defense Fund. Both funds receive a General
Fund appropriation in the annual Justice System Appropriations Act. See the Issue Review
Indigent Defense — Overview and Funding History for more information about the indigent
defense program in Iowa and the costs of providing indigent defense. See the Fiscal Research
Brief State Public Defender Contract Attorneys for more information about SPD contract
attorneys.
Assumptions
• The Office of the SPD pays mileage expenses for its attorneys to travel to judicial
proceedings.
• Approximately 40.0% of proceedings for adult criminal and juvenile cases will be held by
video conference under the Bill.
• Under current practice, approximately $379,000 will be expended from the Indigent Defense
Fund appropriation for mileage reimbursement in FY 2024. Senate File 2187 is estimated to
reduce annual mileage by 40.0%,
• Judicial proceedings held by video conference will incur no mileage expenses to SPD
attorneys and contract attorneys.
• The Judicial Branch estimates the Bill will result in the need for operational modifications for
scheduling and docket management for both in-person and remote proceedings.
• The Judicial Branch will create and manage separate court time for in-person and remote
proceedings and manage and assign cases from one setting to another.
• Additional motions and the need for orders to set video conference hearings will add
additional work for judges, clerks, and law clerks.
• The Judicial Branch anticipates that an additional 1.0 judicial specialist full-time equivalent
(FTE) position will be needed for each of the 10 largest urban counties to handle additional
scheduling, filing, and technology management and for each of the 8 judicial districts to
handle scheduling, filing, and technology management in rural areas, for a total of 18.0 FTE
positions.
• The cost per judicial specialist FTE position is approximately $74,000.
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Fiscal Impact
Senate File 2187 is estimated to have an annual cost to the Judicial Branch of approximately
$1.3 million to add 18.0 judicial specialist FTE positions to assist with scheduling, filing, and
technology management of video conferencing.
In addition, SF 2187 is estimated to reduce mileage and the need for mileage reimbursement to
the State Public Defender’s Office. Senate File 2187 is estimated to have an annual cost
savings to the Indigent Defense Fund of approximately $152,000.
Sources
Office of the State Public Defender
Judicial Branch
Legislative Services Agency
/s/ Jennifer Acton
February 19, 2024
Doc ID 1445545
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in developing this
fiscal note is available from the Fiscal Services Division of the Legislative Services Agency upon request.
www.legis.iowa.gov
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Statutes affected:
Introduced: 624.1