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.

Iowa Department of Human Rights - Division of Criminal and Juvenile Justice Planning, Agency Performance Plan

Annual Report, Agency Performance Plan

Female Juvenile Justice Report, June 1997

Female Juvenile Justice Report from the Iowa Commission on the Status of Women

Report of Recommendations to the Iowa Department of Justice, June 30, 2002

State Agency Audit Report

Black Hawk County Criminal Justice Information System, June 30, 2002

Other Audit Reports

Black Hawk County Criminal Justice Information System, June 30, 2003

Other Audit Report - 28E Organization

Statistical Overview of Crime and Justice in Iowa, 2004

This Document is an E-Report by the CJJP.

Iowa Criminal and Juvenile Justice Plan 2003 Update, 2003

This report discusses a number of topics and presents data and other information in response to Iowa Code Section 216A.135’s mandate for an annual Plan Update. It was prepared as an e-document and relies mainly on links to other documents which, when combined, make up the complete report.

Iowa Criminal and Juvenile Justice Plan 2004 Update, 2004

This report discusses a number of topics and presents data and other information in response to Iowa Code Section 216A.135’s mandate for an annual Plan Update. It was prepared as an e-document and relies mainly on links to other documents which, when combined, make up the complete report.

Connecting Iowa’s Disproportionate Minority Confinement Efforts to the Iowa Justice Data Warehouse, 2002

Funds for this report and grant were provided to the Iowa Division of Criminal and Juvenile Justice Planning (CJJP) and Statistical Analysis Center, by the Justice Research and Statistics Association (JRSA) through a cooperative agreement entitled “Juvenile Justice Evaluation Resource Center” with the Office of Juvenile Justice and Delinquency Prevention (OJJDP), U.S. Department of Justice (DOJ).

Iowa Criminal and Juvenile Justice Plan 2002 Update, 2002

This report discusses a number of topics and presents data and other information in response to Iowa Code Section 216A.135’s mandate for an annual Plan Update. It was prepared as an e-document and relies mainly on links to other documents which, when combined, make up the complete report. The outline that follows names the issues being presented this year by the CJJPAC and is both a table of contents and a “site-map” for the report.

Iowa Juvenile Crime Prevention Community Grant Fund Outcomes Report and FY 2002 Juvenile Justice Youth Development Program Summary, 2002

This document contains two related, but separate reports. The Juvenile Crime Prevention Community Grant Fund Outcomes Report is a summary of outcomes from services and activities funded through the Juvenile Crime Prevention Community Grant Fund in FY2001. The Juvenile Justice Youth Development Program Summary describes Iowa communities current prevention and sanction programs supported with funding from the Division of Criminal and Juvenile Justice Planning (CJJP) during FY2002.

Juvenile Crime Prevention Community Grant Fund Outcomes Report and FY 2002 Juvenile Justice Youth Development Program Summary, 2002

This document contains two related, but separate reports. The Juvenile Crime Prevention Community Grant Fund Outcomes Report is a summary of outcomes from services and activities funded through the Juvenile Crime Prevention Community Grant Fund in FY 2001. The Juvenile Justice Youth Development Program Summary describes Iowa communities’ current prevention and sanction programs supported with funding from the Division of Criminal and Juvenile Justice Planning (CJJP) during FY 2002.

Long-Range Goals for Iowa's Criminal & Juvenile Justice Systems, 2000

Iowa Code Section 216A.135 requires the Criminal and Juvenile Justice Planning Advisory Council (CJJPAC) to submit a long-range plan for Iowa's justice system to the Governor and General Assembly every five years. The first plan developed after the creation of the Division of Criminal and Juvenile Justice Planning was issued in 1990 and annually updated through 1994. Since 1992, appropriation law has required the CJJPAC to coordinate their planning activities with those of the Iowa Juvenile Justice Advisory Council (JJAC).

Report of Recommendations to the Iowa Department of Justice, June 30, 2003

State Agency Audit Report