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.

Measurement of Ice Scraping Forces on Snow-Plow Underbody Blades, HR-372, 1997

In this study, several new cutting edges for removal of ice from the roadway were tested in a series of closed road tests. These new cutting edges consisted of a variety of serrated shapes. The study also included measurement of ice scraping forces by in-service trucks. These trucks were instrumented in a similar manner as the truck used in the closed-road tests. Results from the closed-road and in-service tests were analyzed by two parameters. The first parameter is the scraping effectiveness, which is defined as the average horizontal force experienced by a cutting edge. The amount of ice scraped from the roadway is directly proportional to the magnitude of the scraping effectiveness. Thus an increase in scraping effectiveness indicates an increase in the amount of ice being scraped from the roadway. The second parameter is force angle, which is defined as tan to the -1 power [vertical force/horizontal force]. A combination of a minimal force angle and a maximized scraping effectiveness represents a case in which the maximal amount of ice is being removed from the pavement without an exceptionally large vertical force. Results indicate that each cutting edge produced a maximal scraping effectiveness with a testing configuration of a 15 deg blade angle and a 23,000 lb. download force. Results also indicate that each cutting edge produced a minimal force angle with a testing configuration of a 15 deg blade angle and a 10,000 lb. download force. Results from the in-service trucks produced similar data and also similar trends within the data when compared to the results of the closed-road tests. This result is most important, as it suggests that the closed-road tests do provide an accurate measure of ice scraping forces for a given blade and configuration of that blade. Thus if the closed-road tests indicate that certain blades perform well, there is now excellent reason to conduct full scale tests of such blades.

Data Acquisition and Computer Plotting of Delamtect Data, HR-269, 1985

The overall system is designed to permit automatic collection of delamination field data for bridge decks. In addition to measuring and recording the data in the field, the system provides for transferring the recorded data to a personal computer for processing and plotting. This permits rapid turnaround from data collection to a finished plot of the results in a fraction of the time previously required for manual analysis of the analog data captured on a strip chart recorder. In normal operation the Delamtect provides an analog voltage for each of two channels which is proportional to the extent of any delamination. These voltages are recorded on a strip chart for later visual analysis. An event marker voltage, produced by a momentary push button on the handle, is also provided by the Delamtect and recorded on a third channel of the analog recorder.

Experimental Use of Calcium Magnesium Acetate, HR-253, 1983

The Iowa Department of Transportation Materials Laboratory personnel announced in early 1982 a process to produce a road deicer consisting of sand grains coated with calcium magnesium acetate (CMA). From that point forward the Iowa DOT began searching for a means of economically producing CMA to their concept. During 1983 and 1984 the first attempts devised for commercially producing CMA were attempted by the W.G. Block Company, Davenport, Iowa, under Iowa Highway Research Board Project HR-253. This first attempt at commercially producing CMA was accomplished by the use of concrete transit mixer equipment. Even though this procedure proved successful in the batch mixing of CMA, the need for higher production rates to reduce the cost per ton still existed. During the fall of 1984, Cedarapids Inc, Cedar Rapids, Iowa, proposed to Iowa DOT personnel the application of their technology to a continuous mixing concept for CMA. Arrangements were made for the continuous test mixing of 60 to 100 tons of CMA/sand deicer. This report covers the production effort, description and results of procedures outlined in Cedarapids Inc's proposal of September 19, 1984. The objectives of this research were: 1. To produce the CMA/sand deicer concept on a continuous mixing basis to Iowa DOT CMA concentration levels. 2. To evaluate the results of preheating the carrying vehicle (sand) prior to CMA ingredient introduction. 3. To analyze the feasibility of production equipment and procedures necessary for portable and/or stationary applications of continuous mixing concepts.

Field Testing of Asphaltic Concrete Mixes, HR-101 and R-183, 1968

The amount of asphalt cement in asphaltic concrete has a definite effect on its durability under adverse conditions. The expansion of the transportation system to more and heavier loads has also made the percentage of asphalt cement in a mix more critical. The laboratory mixer does not duplicate the mixing effect of the large pugmills; therefore, it is impossible to be completely sure of the asphalt cement needed for each mix. This percentage quite often must be varied in the field. With a central testing laboratory and the high production of mixing plants today, a large amount of asphaltic concrete is produced before a sample can be tested to determine if the asphalt content is correct. If the asphalt content lowers the durability or stability of a mix, more maintenance will be required in the future. The purpose of this project is to determine the value of a mobile laboratory in the field, the feasibility of providing adequate, early testing in the field, and correlation with the central laboratory. The major purpose was to determine as soon as possible the best percentage of asphalt.

Production of Asphalt Rubber Concrete by the Dry Process, HR-1062, 1994

Disposal of used tires has been a problem throughout the United States. The 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) requires the use of recycled rubber in asphalt concrete starting in FY94. A moratorium has delayed this requirement until FY95. The Iowa DOT has researched six projects using crumb rubber modifier in asphalt concrete using the wet process. This process involves using a blender-reactor to blend the asphalt cement and crumb rubber. Using the wet process the asphalt cement has to reach a hotter temperature, than is normally required, for reaction to occur. The wet process is also much more expensive than conventional asphalt. This research deals with using a dry process to incorporate crumb rubber into the asphalt concrete mix. The project was constructed by Western Engineering of Harlan, Iowa, on IA 37 between Earling, Iowa and US 59. It was completed in September 1993. Western Engineering used a double drum mixer to produce the crumb rubber modified asphalt concrete by the dry process. The production and construction went well with minor difficulty and the dry process is a less expensive procedure for producing crumb rubber modified asphalt concrete.

Visibility and Speed Estimation of Iowa State Highway Commission Snowplows, HR-174, 1975

Many accidents involving Iowa snowplows have happened in recent years. This study investigated the influence of time of day, sex of subject, type of snowplow sign and snowplow speed on the criteria of oncoming driver reaction time and his estimate of snowplow speed. Film strips were made of a car passing a snow-Plow under various experimental conditions. These experimental movie strips were viewed in the laboratory by college student drivers who were asked to indicate their reaction time to slow down and to estimate the speed of the snowplow being passed. The generally best sign condition for the snowplow was to have a striped rear sign and a speed-proportional flashing light in addition to the standard rotating beacon on top of the truck. Several recommendations were made.