Senate File 2436 - Introduced SENATE FILE 2436 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3203) A BILL FOR An Act relating to and making appropriations to the judicial 1 branch, including by modifying the judicial retirement fund 2 and membership of district judicial nominating commissions, 3 and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5006SV (1) 90 cm/ns
S.F. 2436 DIVISION I 1 FY 2024-2025 APPROPRIATIONS 2 Section 1. JUDICIAL BRANCH. 3 1. There is appropriated from the general fund of the state 4 to the judicial branch for the fiscal year beginning July 1, 5 2024, and ending June 30, 2025, the following amounts, or so 6 much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For salaries of supreme court justices, appellate court 9 judges, district court judges, district associate judges, 10 associate juvenile judges, associate probate judges, judicial 11 magistrates and staff, state court administrator, clerk of 12 the supreme court, district court administrators, clerks of 13 the district court, juvenile court officers, board of law 14 examiners, board of examiners of shorthand reporters, and 15 commission on judicial qualifications; receipt and disbursement 16 of child support payments; reimbursement of the auditor 17 of state for expenses incurred in completing audits of the 18 offices of the clerks of the district court during the fiscal 19 year beginning July 1, 2024; and maintenance, equipment, and 20 miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $197,009,531 22 Of the moneys appropriated in this lettered paragraph, 23 no more than $250,000 is allocated for reimbursement to the 24 indigent defense fund created in section 815.11 for travel time 25 claims as required under section 815.7A, subsection 2. 26 b. For deposit in the revolving fund created pursuant to 27 section 602.1302, subsection 3, for jury and witness fees, 28 mileage, costs related to summoning jurors, costs and fees for 29 interpreters and translators, and reimbursement of attorney 30 fees paid by the state public defender: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,600,000 32 c. For payment of expenses for court-ordered services 33 provided to juveniles who are under the supervision of juvenile 34 court services, which expenses are a charge upon the state 35 -1- LSB 5006SV (1) 90 cm/ns 1/ 11
S.F. 2436 pursuant to section 232.141, subsection 4: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,290,000 2 (1) Of the moneys appropriated in this lettered paragraph, 3 no more than $1,556,000 is allocated to provide school-based 4 supervision of children under chapter 232, of which no more 5 than $15,000 may be used for purposes of training. A portion 6 of the cost of each school-based liaison officer shall be paid 7 by the school district or other funding source as approved by 8 the chief juvenile court officer. 9 (2) Of the moneys appropriated in this lettered paragraph, 10 no more than $748,000 is allocated for the payment of expenses 11 for court-ordered services provided to children who are under 12 the supervision of the department of health and human services, 13 which expenses are a charge upon the state pursuant to section 14 232.141, subsection 4. 15 (3) Notwithstanding section 232.141 or any other provision 16 of law to the contrary, the moneys appropriated in this 17 lettered paragraph shall be distributed to the judicial 18 districts as determined by the state court administrator. The 19 state court administrator shall make the determination of the 20 distribution amounts on or before June 15, 2024. 21 (4) Notwithstanding chapter 232 or any other provision of 22 law to the contrary, a district or juvenile court shall not 23 order any service which is a charge upon the state pursuant 24 to section 232.141 if there are insufficient court-ordered 25 services moneys available in the district court distribution 26 amounts to pay for the service. The chief juvenile court 27 officer shall encourage use of the moneys appropriated in this 28 lettered paragraph such that there are sufficient moneys to pay 29 for all court-ordered services during the entire fiscal year. 30 The chief juvenile court officer shall attempt to anticipate 31 potential surpluses and shortfalls in the distribution amounts 32 and shall cooperatively request the state court administrator 33 to transfer moneys between the judicial districts distribution 34 amounts as prudent. 35 -2- LSB 5006SV (1) 90 cm/ns 2/ 11
S.F. 2436 (5) Notwithstanding any provision of law to the contrary, 1 a district or juvenile court shall not order a county to pay 2 for any service provided to a juvenile pursuant to an order 3 entered under chapter 232 which is a charge upon the state 4 under section 232.141, subsection 4. 5 (6) Of the moneys appropriated in this lettered paragraph, 6 no more than $83,000 may be used by the judicial branch 7 for administration of the requirements under this lettered 8 paragraph. 9 (7) Of the moneys appropriated in this lettered paragraph, 10 $23,000 is allocated to the judicial branch to support the 11 interstate commission for juveniles in accordance with the 12 interstate compact for juveniles as provided in section 13 232.173. 14 d. For juvenile delinquent graduated sanctions services 15 pursuant to section 232.192: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,253,000 17 Any state moneys saved as a result of efforts by juvenile 18 court services to earn a federal fund match pursuant to Tit. 19 IV-E of the federal Family First Prevention Services Act 20 of 2018, Pub. L. No. 115-123, for juvenile court services 21 administration is appropriated to the judicial branch for 22 purposes of this lettered paragraph. 23 2. The judicial branch, except for purposes of internal 24 processing, shall use the current state budget system, the 25 state payroll system, and the Iowa finance and accounting 26 system in administration of programs and payments for services, 27 and shall not duplicate the state payroll, accounting, and 28 budgeting systems. 29 3. The judicial branch shall submit monthly financial 30 statements to the legislative services agency and the 31 department of management containing all appropriated accounts 32 in the same manner as provided in the monthly financial status 33 reports and personal services usage reports of the department 34 of administrative services. The monthly financial statements 35 -3- LSB 5006SV (1) 90 cm/ns 3/ 11
S.F. 2436 shall include a comparison of the dollars and percentage 1 spent of budgeted versus actual revenues and expenditures on 2 a cumulative basis for full-time equivalent positions and 3 dollars. 4 4. The judicial branch shall focus efforts upon the 5 collection of delinquent fines, penalties, court costs, fees, 6 surcharges, or similar amounts. 7 5. It is the intent of the general assembly that the offices 8 of the clerks of the district court operate in all 99 counties 9 and be accessible to the public as much as is reasonably 10 possible in order to address the relative needs of the citizens 11 of each county. An office of the clerk of the district court 12 shall be open regular courthouse hours. 13 6. In addition to the requirements for transfers under 14 section 8.39, the judicial branch shall not change the 15 appropriations from the amounts appropriated to the judicial 16 branch in this division of this Act, unless notice of the 17 revisions is given to the legislative services agency prior 18 to the effective date. The notice shall include information 19 on the judicial branchs rationale for making the changes and 20 details concerning the workload and performance measures upon 21 which the changes are based. 22 7. The judicial branch shall submit a semiannual update 23 to the legislative services agency specifying the amounts of 24 fines, surcharges, and court costs collected using the Iowa 25 court information system since the last report. The judicial 26 branch shall continue to facilitate the sharing of vital 27 sentencing and other information with other state departments 28 and governmental agencies involved in the criminal justice 29 system through the Iowa court information system. 30 8. The judicial branch shall provide a report to the general 31 assembly by January 1, 2025, concerning the amounts received 32 and expended from the court technology and modernization fund 33 created in section 602.8108, subsection 7, during the fiscal 34 year beginning July 1, 2023, and ending June 30, 2024, and the 35 -4- LSB 5006SV (1) 90 cm/ns 4/ 11
S.F. 2436 plans for expenditures from each fund during the fiscal year 1 beginning July 1, 2024, and ending June 30, 2025. 2 Sec. 2. CIVIL TRIALS LOCATION. Notwithstanding any 3 provision to the contrary, for the fiscal year beginning July 4 1, 2024, and ending June 30, 2025, if all parties in a case 5 agree, a civil trial including a jury trial may take place in a 6 county contiguous to the county with proper jurisdiction, even 7 if the contiguous county is located in an adjacent judicial 8 district or judicial election district. If the trial is moved 9 pursuant to this section, court personnel shall treat the case 10 as if a change of venue occurred. 11 Sec. 3. TRAVEL REIMBURSEMENT. Notwithstanding section 12 602.1509, for the fiscal year beginning July 1, 2024, and 13 ending June 30, 2025, a judicial officer may waive travel 14 reimbursement for any travel outside the judicial officers 15 county of residence to conduct official judicial business. 16 Sec. 4. JUDICIAL OFFICER UNPAID LEAVE. Notwithstanding 17 the annual salary rates for judicial officers established by 18 this division of this Act, for the fiscal year beginning July 19 1, 2024, and ending June 30, 2025, the supreme court may by 20 order place all judicial officers on unpaid leave status on any 21 day employees of the judicial branch are placed on temporary 22 layoff status. The biweekly pay of the judicial officers shall 23 be reduced accordingly for the pay period in which the unpaid 24 leave date occurred in the same manner as for noncontract 25 employees of the judicial branch. Through the course of the 26 fiscal year, the judicial branch may use an amount equal to 27 the aggregate amount of salary reductions due to the judicial 28 officer unpaid leave days for any purpose other than for 29 judicial salaries. 30 Sec. 5. IOWA COMMUNICATIONS NETWORK. It is the intent 31 of the general assembly that the judicial branch utilize 32 the Iowa communications network or other secure electronic 33 communications in lieu of traveling for the fiscal year 34 beginning July 1, 2024, and ending June 30, 2025. 35 -5- LSB 5006SV (1) 90 cm/ns 5/ 11
S.F. 2436 Sec. 6. SALARIES STATE COURT JUSTICES, JUDGES, AND 1 MAGISTRATES. 2 1. The salary rates specified in subsection 2 are for the 3 fiscal year beginning July 1, 2024, effective for the pay 4 period beginning June 21, 2024, and for subsequent fiscal 5 years until otherwise provided by the general assembly. The 6 salaries provided for in this section shall be paid from moneys 7 appropriated to the judicial branch pursuant to this division 8 of this Act or any other Act of the general assembly. 9 2. The following annual salary rates shall be paid to the 10 persons holding the judicial positions indicated during the 11 fiscal year beginning July 1, 2024, effective with the pay 12 period beginning June 21, 2024, and for subsequent pay periods: 13 a. Chief justice of the supreme court: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,034 15 b. Each justice of the supreme court: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 191,069 17 c. Chief judge of the court of appeals: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 179,130 19 d. Each associate judge of the court of appeals: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 173,160 21 e. Each chief judge of a judicial district: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,190 23 f. Each district judge except the chief judge of a judicial 24 district: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 161,221 26 g. Each district associate judge: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 143,312 28 h. Each associate juvenile judge: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 143,312 30 i. Each associate probate judge: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 143,312 32 j. Each judicial magistrate: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,179 34 k. Each senior judge: 35 -6- LSB 5006SV (1) 90 cm/ns 6/ 11
S.F. 2436 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,547 1 3. Persons receiving salary rates established under this 2 section shall not receive any additional salary adjustments 3 provided by this division of this Act or any other Act of the 4 general assembly. 5 Sec. 7. EFFECTIVE DATE. The section of this division of 6 this Act enacting salaries for state court justices, judges, 7 and magistrates takes effect June 21, 2024. 8 DIVISION II 9 JUDICIAL RETIREMENT FUND 10 Sec. 8. Section 602.9104, subsection 4, Code 2024, is 11 amended to read as follows: 12 4. As used in this section , unless the context otherwise 13 requires: 14 a. Actuarial valuation means an actuarial valuation of the 15 judicial retirement system or an annual actuarial update of an 16 actuarial valuation, as required pursuant to section 602.9116 . 17 b. Fully funded status means that the most recent 18 actuarial valuation reflects that the funded status of the 19 system is at least one hundred percent, based upon the benefits 20 provided for judges through the judicial retirement system as 21 of July 1, 2006. 22 c. Judges required contribution means an amount equal 23 to the basic salary of the judge multiplied by the following 24 applicable percentage: 25 (1) For the fiscal year beginning July 1, 2008, and ending 26 June 30, 2009, seven and seven-tenths percent. 27 (2) For the fiscal year beginning July 1, 2009, and ending 28 June 30, 2010, eight and seven-tenths percent. 29 (3) For the fiscal year beginning July 1, 2010, and for each 30 subsequent fiscal year until the system attains fully funded 31 status, nine and thirty-five hundredths percent. 32 (4) Commencing with the first fiscal year in which the 33 system attains fully funded status, and for each subsequent 34 fiscal year, the percentage rate equal to forty percent of the 35 -7- LSB 5006SV (1) 90 cm/ns 7/ 11
S.F. 2436 required contribution percentage rate equal to thirty-five 1 percent of the required contribution rate . 2 d. b. Required contribution rate means that percentage 3 of the basic salary of all judges covered under this article 4 equal to the actuarially required contribution rate determined 5 by the actuary pursuant to section 602.9116 . The required 6 contribution rate shall not vary by more than one percentage 7 point from the required contribution rate for the prior fiscal 8 year. 9 e. c. States required contribution means an amount equal 10 to the basic salary of all judges covered under this article 11 multiplied by the following applicable percentage: 12 (1) For the fiscal year beginning July 1, 2008, and for each 13 subsequent fiscal year until the system attains fully funded 14 status, thirty and six-tenths percent. 15 (2) Commencing with the first fiscal year in which the 16 system attains fully funded status, and for each subsequent 17 fiscal year, the percentage rate equal to sixty percent of 18 the required contribution percentage rate equal to sixty-five 19 percent of the required contribution rate . 20 DIVISION III 21 DISTRICT JUDICIAL NOMINATING COMMISSIONS 22 Sec. 9. Section 46.3, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. The governor shall appoint five six eligible electors 25 of each judicial election district to the district judicial 26 nominating commission. 27 Sec. 10. Section 46.5, subsection 4, Code 2024, is amended 28 to read as follows: 29 4. If a vacancy occurs in the office of chairperson of the 30 state a judicial nominating commission, the members of the 31 commission shall elect a new chairperson as provided in section 32 46.6 . If a vacancy occurs in the office of chairperson of a 33 district judicial nominating commission or in the absence of 34 the chairperson, the members of the particular commission shall 35 -8- LSB 5006SV (1) 90 cm/ns 8/ 11
S.F. 2436 elect a temporary chairperson from their own number. 1 Sec. 11. Section 46.6, Code 2024, is amended to read as 2 follows: 3 46.6 Chairperson. 4 1. The commissioners of the state judicial nominating 5 commission shall elect a chairperson from their own number and 6 the commissioners of a district judicial nominating commission 7 shall elect a chairperson from their own number . The 8 chairperson shall serve a two-year term that expires on April 9 30 of even-numbered years. A commissioner may be reelected 10 for a second or third term as chairperson. If a chairperson 11 of a judicial nominating commission desires to be relieved 12 of the duties of chairperson while retaining the status of 13 commissioner, the chairperson shall notify the governor and the 14 other commissioners of the commission. At the next meeting of 15 the commission, the commissioners shall elect a new chairperson 16 for the remainder of the two-year term. 17 2. The judge of longest service in the district shall serve 18 as the chair of a particular district judicial nominating 19 commission. If the judges of longest service in the district 20 are of equal service, the eldest of such judges shall be 21 chairperson of the particular judicial nominating commission. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill relates to and makes appropriations to the 26 judicial branch. 27 FY 2024-2025 APPROPRIATIONS. The bill appropriates moneys 28 from the general fund of the state for FY 2024-2025 to the 29 judicial branch for salaries, receipt and disbursement of 30 child support payments, reimbursement of the auditor of state, 31 maintenance, equipment, miscellaneous purposes, deposit in the 32 revolving fund created pursuant to Code section 602.1302(3) for 33 certain purposes, payment of court-ordered juvenile services, 34 and juvenile delinquent graduated sanctions services. 35 -9- LSB 5006SV (1) 90 cm/ns 9/ 11
S.F. 2436 The bill provides that a civil trial including a jury trial 1 may take place in a county contiguous to the county with proper 2 jurisdiction, even if the contiguous county is located in an 3 adjacent judicial district or judicial election district, if 4 all the parties in a case agree. If a trial is moved to another 5 county that is located in another judicial district or judicial 6 election district, the judicial officers serving the judicial 7 district or judicial election district receiving the case shall 8 preside over the case. 9 The bill permits a judicial officer to waive travel 10 reimbursement for any travel outside the judicial officers 11 county of residence to conduct official business. 12 The bill allows a judicial officer to be placed on unpaid 13 leave on any day a court employee is required to furlough. 14 The bill provides that if a judicial officer is placed on 15 unpaid leave, the salary of the judicial officer shall be 16 reduced accordingly for the pay period in which the unpaid 17 leave occurred. The bill provides that the judicial branch 18 may use an amount equal to the aggregate amount of the salary 19 reductions due to judicial officer unpaid leave for any purpose 20 other than judicial salaries. 21 The bill states legislative intent that the judicial 22 branch utilize the Iowa communications network or other secure 23 electronic communications in lieu of traveling. 24 The bill sets forth salaries for justices, judges, and 25 magistrates. This provision takes effect June 21, 2024. 26 JUDICIAL RETIREMENT FUND. The bill modifies the 27 contribution rates for the judicial retirement fund. The bill 28 redefines the term judges required contribution to mean an 29 amount equal to the basic salary of the judge multiplied by 30 35 percent of the required contribution rate, and the term 31 states required contribution to mean an amount equal to the 32 basic salary of all judges multiplied by 65 percent of the 33 required contribution rate. The bill prohibits the required 34 contribution rate from varying by more than 1 percentage point 35 -10- LSB 5006SV (1) 90 cm/ns 10/ 11
S.F. 2436 from the prior fiscal year. The bills contribution rates 1 apply regardless of whether the judicial retirement fund is 2 fully funded. 3 DISTRICT JUDICIAL NOMINATING COMMISSIONS. Under current 4 law, the governor appoints five eligible electors of each 5 judicial district to each districts 11-person district 6 judicial nominating commission. The bill changes the number of 7 electors appointed by the governor to six. 8 Under current law, the most senior judge in the district 9 serves as a commissioner and as the chairperson of that 10 particular district judicial nominating commission. The 11 bill removes the judge from the commission and from being 12 chairperson and requires the members of each district judicial 13 nominating commission to elect a chairperson from their own 14 number. 15 District judicial nominating commissions are responsible 16 for screening applicants and selecting nominees for district 17 court judicial vacancies. There is a nominating commission for 18 each of Iowas 14 judicial election subdistricts. District 19 nominating commissions provide the governor with a slate of 20 two nominees from which to make an appointment to the district 21 court. 22 -11- LSB 5006SV (1) 90 cm/ns 11/ 11