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.

Just the Facts for 2004

The information in “Just the Facts for 2004” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Administrative Services (DAS), Human Resource Enterprise (HRE) wants to present data in its purist form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading. It is important to highlight workforce trends and explain their significance to the work of Iowa state government. The following chapter summaries are intended to do that.

Just the Facts for 2007

There are 19,964 full-time employees who work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, state departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2007” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning and workforce planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Administrative Services wants to present data in its purest form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading. It is important to highlight workforce trends and explain their significance to the work of Iowa state government. The following chapter summaries are intended to do that.

Just the Facts for 2008

There are 20,552 full-time employees who work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, state departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2008” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Administrative Services, Human Resource Enterprise (DAS/HRE) wants to present data in its purest form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading. It is important to highlight workforce trends and explain their significance to the work of Iowa state government. The following chapter summaries are intended to do that.

Just the Facts for 2002

Almost 19,000 employees work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, State departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2002” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Personnel wants to present data in its purist form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading . It is important to highlight workforce trends and explain their significance to the work of Iowa state government.

Just the Facts for 2003

Almost 19,000 employees work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, State departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2003” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Personnel wants to present data in its purist form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading . It is important to highlight workforce trends and explain their significance to the work of Iowa state government.

Just the Facts for 2005

Almost 19,000 employees work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, State departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2005” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Personnel wants to present data in its purist form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading . It is important to highlight workforce trends and explain their significance to the work of Iowa state government.

Just the Facts for 2006

Almost 19,000 employees work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, State departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2006” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Personnel wants to present data in its purist form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading . It is important to highlight workforce trends and explain their significance to the work of Iowa state government.

Just the Facts for 2011

There are 20,552 full-time employees who work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, state departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2008” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Administrative Services, Human Resource Enterprise (DAS/HRE) wants to present data in its purest form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading. It is important to highlight workforce trends and explain their significance to the work of Iowa state government. The following chapter summaries are intended to do that.

Just the Facts for 2009

There are 20,552 full-time employees who work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, state departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2008” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Administrative Services, Human Resource Enterprise (DAS/HRE) wants to present data in its purest form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading. It is important to highlight workforce trends and explain their significance to the work of Iowa state government. The following chapter summaries are intended to do that.

Just the Facts for 2010

There are 20,552 full-time employees who work for the State of Iowa Executive Branch (excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, state departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2008” is a snapshot of the workforce, collected, compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Administrative Services, Human Resource Enterprise (DAS/HRE) wants to present data in its purest form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading. It is important to highlight workforce trends and explain their significance to the work of Iowa state government. The following chapter summaries are intended to do that.

Just the Facts for 2012

There are 20,552 full-time employees who work for the State of Iowa Executive Branch(excluding Fair Authority, Community-Based Corrections, and the Regents employees). These employees are undoubtedly the most valuable resource for providing timely and quality services to Iowans. To strategically manage this resource, state departments and policymakers must have thorough and accurate information. The information in “Just the Facts for 2008” is a snapshot of the workforce, collected,compiled, and presented in a format that will aid agencies and decision makers in strategic planning. In many cases, data cover a number of years and are presented to give the reader a sense of trends. While the Department of Administrative Services, Human Resource Enterprise (DAS/HRE)wants to present data in its purest form so readers can draw their own conclusions, we also have a responsibility to clarify anything that may be confusing or misleading. It is important to highlight workforce trends and explain their significance to the work of Iowa state government. The following chapter summaries are intended to do that.

Just the Facts for 2013

DAS/HRE publishes "Just the Facts" an almanac on the Executive Branch workforce. To assist state decision makers in preparing for the future. Thorough strategic planning is requisite to state government's future ability to provide quality products and services. The almanac is intended as an historical source of workforce date that can be used for comparative purposes as the workforce continues to change in Iowa.

Report of the Governor's Task Force on the Overepresentation of African-Americans in Prison, 2001

In 1999, 24 percent of Iowa prison beds were occupied by African-American inmates, despite the fact that African-Americans comprised just over 2 percent of the state’s total population. That year the median incarceration rate for African-Americans in Iowa was 2,950 per every 100,000 people (or approximately 3.0 percent of the state’s African-American population). The median incarceration rate for Caucasians in Iowa was 188 per every 100,000 people (or approximately 0.2 percent of the state’s Caucasian population). Seven percent of all African-Americans in this state were under some form of criminal justice supervision in 1999. 1999 statistics also reveal that there were nearly twice as many African-Americans under criminal justice supervision in Iowa than atte nded one of the state’s post-secondary institutions.

Iowa Sex Offender Treatment and Supervision Task Force Report to the Iowa General Assembly, January 15, 2006

Over the last several years, lawmakers have been responding to several highly publicized child abduction, assault and murder cases. While such cases remain rare in Iowa, the public debates they have generated are having far-reaching effects. Policy makers are responsible for controlling the nature of such effects. Challenges they face stem from the need to avoid primarily politically-motivated responses and the desire to make informed decisions that recognize both the strengths and the limitations of the criminal justice system as a vehicle for promoting safe and healthy families and communities. Consensus was reached by the Task Force at its first meeting that one of its standing goals is to provide nonpartisan guidance to help avoid or fix problematic sex offense policies and practices. Setting this goal was a response to the concern over what can result from elected officials’ efforts to respond to the types of sex offender-related concerns that can easily become emotionally laden and politically charged due to the universally held abhorrence of sex crimes against children. The meetings of the Task Force and the various work groups it has formed have included some spirited and perhaps emotionally charged discussions, despite the above-stated ground rule. However, as is described in the report, the Task Force’s first set of recommendations and plans for further study were approved through consensus. It is hoped that in upcoming legislative deliberations, it will be remembered that the non-legislative members of the Task Force all agreed on the recommendations contained in this report. The topics discussed in this first report from the Task Force are limited to the study issues specifically named in H.F. 619, the Task Force’s enabling legislation. However, other topics of concern were discussed by the Task Force because of their immediacy or because of their possible relationships with one or more of the Task Force’s mandated study issues. For example, it has been reported by some probation/parole officers and others that the 2000 feet rule has had a negative influence on treatment participation and supervision compliance. While such concerns were noted, the Task Force did not take it upon itself to investigate them at this time and thus broaden the agenda it was given by the General Assembly last session. As a result, the recently reinstated 2000 feet rule, the new cohabitation/child endangerment law and other issues of interest to Task Force members but not within the scope of their charge are not discussed in the body of this report. An issue of perhaps the greatest interest to most Task Force members that was not a part of their charge was a belief in the benefit of viewing Iowa’s efforts to protect children from sex crimes with as comprehensive a platform as possible. It has been suggested that much more can be done to prevent child-victim sex crimes than would be accomplished by only concentrating on what to do with offenders after a crime has occurred. To prevent child victimization, H.F. 619 policy provisions rely largely on incapacitation and future deterrent effects of increased penalties, more restrictive supervision practices and greater public awareness of the risk presented by a segment of Iowa’s known sex offenders. For some offenders, these policies will no doubt prevent future sex crimes against children, and the Task Force has begun long-term studies to look for the desired results and for ways to improve such results through better supervision tools and more effective offender treatment. Unfortunately, much of the effects from the new policies may primarily influence persons who have already committed sex offenses against minors and who have already been caught doing so. Task Force members discussed the need for a range of preventive efforts and a need to think about sex crimes against children from other than just a “reaction- to-the-offender” perspective. While this topic is not addressed in the report that follows, it was suggested that some of the Task Force’s discussions could be briefly shared through these opening comments. Along with incapacitation and deterrence, comprehensive approaches to the prevention of child-victim sex crimes would also involve making sure parents have the tools they need to detect signs of adults with sex behavior problems, to help teach their children about warning signs and to find the support they need for healthy parenting. School, faithbased and other community organizations might benefit from stronger supports and better tools they can use to more effectively promote positive youth development and the learning of respect for others, respect for boundaries and healthy relationships. All of us who have children, or who live in communities where there are children, need to understand the limitations of our justice system and the importance of our own ability to play a role in preventing sexual abuse and protecting children from sex offenders, which are often the child’s own family members. Over 1,000 incidences of child sexual abuse are confirmed or founded each year in Iowa, and most such acts take place in the child’s home or the residence of the caretaker of the child. Efforts to prevent child sexual abuse and to provide for early interventions with children and families at risk could be strategically examined and strengthened. The Sex Offender Treatment and Supervision Task Force was established to provide assistance to the General Assembly. It will respond to legislative direction for adjusting its future plans as laid out in this report. Its plans could be adjusted to broaden or narrow its scope or to assign different priority levels of effort to its current areas of study. Also, further Task Force considerations of the recommendations it has already submitted could be called for. In the meantime, it is hoped that the information and recommendations submitted through this report prove helpful.