Reforming the Iowa Civil Justice System, January 30, 2012

Executive Summary I. Survey The Task Force conducted a wide-ranging survey of more than 9,000 licensed Iowa attorneys and judges to obtain their input on a variety of civil justice system topics. The survey results helped inform the Task Force of problem areas in Iowa’s civil justice system. II. Two-Tier Justice System The Task Force recommends a pilot program based on a two-tier civil justice system. A two-tier system would streamline litigation processes—including rules of evidence and discovery disclosures—and reduce litigation costs of certain cases falling below a threshold dollar value. III. One Judge/One Case and Date Certain for Trial Some jurisdictions in Iowa have adopted one judge/one case and date certain for trial in certain cases. The assignment of one judge to each case for the life of the matter and the establishment of dates certain for civil trials could enhance Iowans’ access to the courts, improve judicial management, promote consistency and adherence to deadlines, and reduce discovery excesses. IV. Discovery Processes Reforms addressing inefficient discovery processes will reduce delays in and costs of litigation. Such measures include adopting an aspirational purpose for discovery rules to “secure the just, speedy, and inexpensive determination of every action,” holding discovery proportional to the size and nature of the case, requiring initial disclosures, limiting the number of expert witnesses, and enforcing existing rules. V. Expert Witness Fees The Task Force acknowledges the probable need to revisit the statutory additional daily compensation limit for expert witness fees. Leaving the compensation level to the discretion of the trial court is one potential solution. VI. Jurors Additions to the standard juror questionnaire would provide a better understanding of the potential jurors’ backgrounds and suitability for jury service. The Task Force encourages adoption of more modern juror educational materials and video. Rehabilitation of prospective jurors who express an unwillingness or inability to be fair should include a presumption of dismissal. VII. Video and Teleconferencing Options When court resources are constrained both by limited numbers of personnel and budget cuts, it is logical to look to video and teleconferencing technology to streamline the court process and reduce costs. The judicial branch should embrace technological developments in ways that will not compromise the fairness, dignity, solemnity, and decorum of judicial proceedings. VIII. Court-Annexed Alternative Dispute Resolution(ADR) Litigants and practitioners in Iowa are generally satisfied with the current use of private, voluntary ADR for civil cases. There is concern, however, that maintaining the status quo may have steep future costs. Court-annexed ADR is an important aspect of any justice system reform effort, and the Task Force perceives benefits and detriments to reforming this aspect of the Iowa civil justice system. IX. Relaxed Requirement of Findings of Fact and Conclusions of Law A rule authorizing parties to waive findings of fact and conclusions of law could expedite resolution of nonjury civil cases. X. Business (Specialty) Courts Specialty business courts have achieved widespread support across the country. In addition, specialty courts provide excellent vehicles for implementing or piloting other court innovations that may be useful in a broader court system context. A business specialty court should be and could be piloted in Iowa within the existing court system framework of the Iowa Judicial Branch. Appendix included as a separate document, is 176 pages.

Thin Bonded Concrete Overlay with Fast Track Concrete, HR-531, Condition and Performance Report, 1987

This report is a supplement to one issued in late summer 1986 which covered construction on U.S. 71, in Buena Vista County Iowa. The work involved rehabilitation of an older 20 feet wide pavement by placing a four inch thick bonded concrete overlay monolithically with two feet of widening on each side. The work was performed on one lane at a time while construction traffic and limited public traffic used the adjacent traffic lane. When work on the first lane was complete traffic was moved onto it and rehabilitation was completed on the second lane. This report covers the condition of the rehabilitated roadway in May 1987 after the first winter. The condition is described by visual observations, core conditions, and various test results including core compressive strength, direct shear tests on cores for bond strength, profilometer results and delamtect test results.

Low Modulus Hot Pour Joint Sealant for ACC Pavements, HR-534, 1990

Over the years, the Iowa Department of Transportation has established an outstanding network of connector highways across the state of Iowa. Construction and paving of these primary roadways has essentially been completed. Unfortunately, many of these primary highway pavements are reaching their design life and are in need of rehabilitation. The emphasis, therefore, has shifted from the construction of new highways to the maintenance and rehabilitation of existing highways. The Iowa DOT in recent years has become more concerned with preventing the ingress of surface water into the pavement structure. Crack sealing is receiving greater emphasis. Specifications have been modified to require improved low modulus crack and joint sealing materials.

Ultrathin Portland Cement Concrete Overlay Extended Evaluation, Construction Report, TR-432, 2000

In recent years, ultra-thin whitetopping (UTW) has evolved as a viable rehabilitation technique for deteriorated asphalt cement concrete (ACC) pavement. Numerous UTW projects have been constructed and tested, enabling researchers to identify key elements contributing to their successful performance. These elements include foundation support, interface bonding condition, portland cement concrete (PCC) overlay thickness, synthetic fiber reinforcement usage, joint spacing, and joint sealing. The interface bonding condition is the most important of these elements. It enables the pavement to act as a composite structure, thus reducing tensile stresses and allowing an ultra-thin PCC overlay to perform as intended. The Iowa Department of Transportation (Iowa DOT) UTW project (HR-559) initiated UTW in Iowa. The project is located on Iowa Highway 21 between Iowa Highway 212 and U.S. Highway 6 in Iowa County, near Belle Plaine, Iowa. The objective of this research was to investigate the interface bonding condition between an ultra-thin PCC overlay and an ACC base over time, considering the previously mentioned variables. This research lasted for five years, at which time it was extended an additional five years. The new phase of the project was initiated by removing cracked panels existing in the 2-inch thick PCC sections and replacing them with three inches of PCC. The project extension (TR 432) will provide an increased understanding of slab bonding conditions over a longer period, as well as knowledge regarding the behavior of the newly rehabilitated areas. In order to accomplish the goals of the project extension, Falling Weight Deflectometer (FWD) testing will continue to be conducted. Laboratory testing, field strain gage implementation, and coring will no longer be conducted. This report documents the planning and construction of the rehabilitation of HR 559 and the beginning of TR 432 during August of 1999.

Ultrathin Portland Cement Concrete Overlay Extended Evaluation, Interim Report, TR-432, 2002

The Iowa Department of Transportation (Iowa DOT) UTW Project (HR-559) initiated Ultra-Thin Whitetopping in Iowa. The project is located on Iowa Highway 21 between Iowa Highway 212 and U.S. Highway 6 in Iowa County, near Belle Plaine, Iowa. The above listed research project lasted for five years, and then was extended for another five year period. The new phase of the project (TR 432) was initiated by removing cracked panels existing in the 2-inch thick PCC sections and replacing them with three inches of PCC. The project extension provides an increased understanding of slab bonding conditions over a longer period, as well as knowledge regarding the behavior of the newly rehabilitated areas. This report documents the rehabilitation of the PCC patching of all fractured panels and several cracked panels, taking place in September of 2001.

Cracking and Seating PCC Pavement Prior to Resurfacing, HR-527, 1986

Construction of an excellent network of primary highways across the State of Iowa has essentially been completed. The major task facing the Iowa Department of Transportation today is the maintenance and rehabilitation of that network. The most commonly utilized rehabilitation practice is asphalt concrete resurfacing. This practice will normally provide a good driving surface for at least 10 additional years. The major problem with asphalt concrete resurfacing is the reflection cracking from underlying cracks and joints in the portland cement concrete (PCC) pavement. Deterioration and spaling occur at these reflection cracks and are the limiting factor of the-effective life of the asphalt concrete resurfacing.

Iowa Department of Vocational Rehabilitation Agency Performance Plan

Agency Performance Plan

Development of a Mix Design Process for Cold-in-Place Rehabilitation Using Foamed Asphalt, December 2005

Report by Iowa Department of Transportation about pavements materials.

Iowa Department of Education, Division of Vocational Rehabilitation, Notification Letter, April 14th, 2005

State Audit Reports

Iowa Department of Vocational Rehabilitation Agency Performance Plan, 2007

Agency Performance Plan

Validation of the New Mix Design Process for Cold In-Place Rehabilitation Using Foamed Asphalt, 2007

Asphalt pavement recycling has grown dramatically over the last few years as a viable technology to rehabilitate existing asphalt pavements. Iowa's current Cold In-place Recycling (CIR) practice utilizes a generic recipe specification to define the characteristics of the CIR mixture. As CIR continues to evolve, the desire to place CIR mixture with specific engineering properties requires the use of a mix design process. A new mix design procedure was developed for Cold In-place Recycling using foamed asphalt (CIR-foam) in consideration of its predicted field performance. The new laboratory mix design process was validated against various Reclaimed Asphalt Pavement (RAP) materials to determine its consistency over a wide range of RAP materials available throughout Iowa. The performance tests, which include dynamic modulus test, dynamic creep test and raveling test, were conducted to evaluate the consistency of a new CIR-foam mix design process to ensure reliable mixture performance over a wide range of traffic and climatic conditions. The “lab designed” CIR will allow the pavement designer to take the properties of the CIR into account when determining the overlay thickness.

Report of recommendations to the Iowa Department of Education, Division of Vocational Rehabilitation Services, June 30, 2007

Report on the Iowa Department of Education, Division of Vocational Rehabilitation Services for the year ended June 30, 2007

Department of Education, Iowa Vocational Rehabilitation Services Performance Plan, FY 2009

Agency Performance Plan, Department of Education, Iowa Vocational Rehabilitation Services

Report of recommendations to the Iowa Department of Education, Division of Vocational Rehabilitation Services, June 30, 2008

Report on the Iowa Department of Education, Division of Vocational Rehabilitation Services for the year ended June 30, 2008

Department of Vocational Rehabilitation, FY 2007

These Facts sheets have been developed to provide a multitude of information about executive branch agencies/departments on a single sheet of paper. The Facts provides general information, contact information, workforce data, leave & benefits information, and affirmative action data. This is the most recent update of information for the fiscal year 2007.