Report of the Iowa Attorney General 2001-2002

The biennial Report of the Attorney General.

Youthful Offender Program Follow Up Report, 2001

In 1996, the Iowa Division of Criminal and Juvenile Justice Planning was asked by the Governor’s Alliance on Substance Abuse (GASA) to examine the five Youthful Offender Programs (YOPs) that were in operation at that time. The focus of the original study was to describe the programs, their clientele, and two outcome measures (program completion and recidivism). One section of the report provided a detailed description of each of the five programs in operation at the time of the original study and the findings for each. Another section of the report highlighted program completion rates and recidivism rates. The Youthful Offender Programs were designed to operate as part of a partnership with a number of different agencies (county attorneys, the district departments of correctional services, and a variety of different treatment agencies) to provide a holistic approach in the rehabilitation of youthful offenders. These programs were designed specifically for offenders between the ages of 16 and 21 who had committed first time felonies or aggravated misdemeanors as an alternative to incarceration or in response to non-compliant probationer behaviors. Offenders who were 16 and 17 years of age had to have been waived to the adult court to be eligible for entry to the program.

Report of the Iowa Attorney General, 2003-2004.

Biennial report of the Attorney General of the state of Iowa. Lists the past Attorney General's of Iowa. Lists the personnel in the office and describes the functions of each division in 2003-2004. Includes summaries of opinions issued 2003-2004.

Report of the Iowa Attorney General, 2007-2008.

Biennial report of the Attorney General of the state of Iowa. Lists the past Attorney General's of Iowa. Lists personnel in the office and describes the function of each division in 2007-2008. Includes summaries of opinions issued 2007-2008.

Handbook of Simplified Practice for Traffic Studies, November 2002

The Iowa Highway Research Board has identified the development of a simplified handbook of transportation studies as a high priority for the state of Iowa. The Center for Transportation Research and Education (CTRE) at Iowa State University was chosen to develop such a handbook. A well-executed, well-documented study is critical in the decision-making process for many transportation-related projects and in reporting to elected officials and members of the community. As more research is conducted in the area of transportation, study procedures in many cases have become more complex. It is often difficult for local jurisdictions with limited staff, training, experience, and time availability to perform these studies. The most commonly used publication for traffic studies is geared toward transportation professionals and professional engineers. That defining document, Manual of Transportation Studies (Institute of Transportation Engineers, 2000), is over 500 pages and includes several dozen types of transportation studies. Many of the transportation studies described in the manual are rarely (if ever) used by local jurisdictions. Further, those studies that are frequently used are at times very complex and possibly very costly to perform exactly as described. Local jurisdictions without the staff expertise to understand and apply the manual’s various studies have a need for a simplified handbook of procedures to perform common traffic studies themselves or properly define a scope of work to hire a consultant to perform the studies. This handbook describes simplified procedures that are easy to apply and are written for all potential users (civil engineers and traffic engineers, public works mangers, city managers and attorneys, and the general public).

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.

Report of the Iowa Attorney General, 2008-2009

Biennial report of the Attorney General of the state of Iowa. Lists the past Attorney General's of Iowa. Lists personnel in the office and describes the function of each division in 2008-2009. Includes summaries of opinions issued 2008-2009.

State Public Defender's Office Performance Report, FY 2013

This report pursuant to Department of Management procedures provides an overview of the State Public Defender’s fiscal year 2013 operations related to court-appointed counsel, claims processing, and other indigent defense matters. This information, in accordance with the Accountable Government Act, is meant to help improve decision making and increase accountability to stakeholders and the citizens of Iowa. Iowa’s indigent defense system remains strong. The more than 200 employees of the State Public Defender System have been efficiently providing high quality representation on more cases than ever before. In Fiscal Year 2013, public defender offices closed more than 91,000 cases, at an average cost per case of $282.02, and there was a final finding of ineffective assistance of counsel in less than .002% of these cases. Similarly, more than 1,000 contract attorneys continue to provide high quality representation throughout all 99 of Iowa’s counties. In Fiscal Year 2013, 60,929 claims were submitted to the indigent defense fund, at an average cost per claim of $507.86. This was an decrease of nearly 350 claims from Fiscal Year 2012, and the total amount spent from the indigent defense fund increased slightly.

Visitation and Powers of Attorney

Resident’s rights are guaranteed by the federal 1987 Nursing Home Reform Law. This law requires nursing facilities to promote and protect the rights of each resident and places a strong emphasis on individual dignity and self-determination. Iowa has incorporated these rights into state law for nursing facility residents, assisted living and elder group home tenants. The attorney-in-fact’s authority is over health care decisions and visitation and access to a resident is not a health care decision. The law does not specifically set out restrictions on visitation as a right that the attorney-in-fact can exercise. Therefore, it is the position of the Office of State Long-Term Care Ombudsman that the attorney-in-fact does not have authority to determine visitation. As such, that right remains with the resident.