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.

Performance of Poly-Carb, Inc. Flexogrid Bridge Overlay System, MLR-86-04, 2001

Intrusion of deicing materials and surface water into concrete bridge decks is a main contributor in deck reinforcing steel corrosion and concrete delamination. Salt, spread on bridge decks to melt ice, dissolves in water and permeates voids in the concrete deck. When the chloride content of the concrete in contact with reinforcing steel reaches a high enough concentration, the steel oxidizes. In Iowa, the method used to reduce bridge deck chloride penetration is the application of a low slump dense concrete overlay after the completion of all Class A and Class B floor repairs. A possible alternative to the use of dense concrete overlays, developed by Poly-Carb, Inc., is the MARK-163 FLEXOGRID Overlay System. FLEXOGRID is a two component system of epoxy and urethane which is applied on a bridge deck to a minimum thickness of ¼ inch. An aggregate mixture of silica quartz and aluminum oxide is broadcast onto the epoxy at a prescribed rate to provide deck protection and superior friction properties. The material is mixed on site and applied to the deck in a series of lifts (usually two) until the desired overlay thickness has been attained.

Investigation of Field Corrosion Performance and Bond/Development Length of Galvanized Reinforcing Steel, TR-666, 2014

In reinforced concrete systems, ensuring that a good bond between the concrete and the embedded reinforcing steel is critical to long-term structural performance. Without good bond between the two, the system simply cannot behave as intended. The bond strength of reinforcing bars is a complex interaction between localized deformations, chemical adhesion, and other factors. Coating of reinforcing bars, although sometimes debated, has been commonly found to be an effective way to delay the initiation of corrosion in reinforced concrete systems. For many years, the standard practice has been to coat reinforcing steel with an epoxy coating, which provides a barrier between the steel and the corrosive elements of water, air, and chloride ions. Recently, there has been an industry-led effort to use galvanizing to provide the protective barrier commonly provided by traditional epoxy coatings. However, as with any new structural product, questions exist regarding both the structural performance and corrosion resistance of the system. In the fall of 2013, Buchanan County, Iowa constructed a demonstration bridge in which the steel girders and all internal reinforcing steel were galvanized. The work completed in this project sought to understand the structural performance of galvanized reinforcing steel as compared to epoxy-coated steel and to initiate a long-term corrosion monitoring program. This work consisted of a series of controlled laboratory tests and the installation of a corrosion monitoring system that can be observed for years in the future. The results of this work indicate there is no appreciable difference between the bond strength of epoxy-coated reinforcing steel and galvanized reinforcing steel. Although some differences were observed, no notable difference in either peak load, slip, or failure mode could be identified. Additionally, a long-term monitoring system was installed in this Buchanan County bridge and, to date, no corrosion activity has been identified.

Pilot Project for a Hybrid Road-Flooding Forecasting System on Squaw Creek, TR-642

A network of 25 sonic stage sensors were deployed in the Squaw Creek basin upstream from Ames Iowa to determine if the state-of-the-art distributed hydrological model CUENCAS can produce reliable information for all road crossings including those that cross small creeks draining basins as small as 1 sq. mile. A hydraulic model was implemented for the major tributaries of the Squaw Creek where IFC sonic instruments were deployed and it was coupled to CUENCAS to validate the predictions made at small tributaries in the basin. This study demonstrates that the predictions made by the hydrological model at internal locations in the basins are as accurate as the predictions made at the outlet of the basin. Final rating curves based on surveyed cross sections were developed for the 22 IFC-bridge sites that are currently operating, and routine forecast is provided at those locations (see IFIS). Rating curves were developed for 60 additional bridge locations in the basin, however, we do not use those rating curves for routine forecast because the lack of accuracy of LiDAR derived cross sections is not optimal. The results of our work form the basis for two papers that have been submitted for publication to the Journal of Hydrological Engineering. Peer review of our work will gives a strong footing to our ability to expand our results from the pilot Squaw Creek basin to all basins in Iowa.