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.

Status of Females in the Juvenile Justice System Iowa, 2009

Young women in the juvenile justice system present with characteristics and experiences that differentiate them from their male counterparts. As such, the juvenile justice system in Iowa must consider these factors if it is to effectively and efficiently impact recidivism, rehabilitation and public safety. Data reveal the following trends: All youth in the juvenile justice system experience a significantly higher rate of child maltreatment than do youth in the general population. Additionally, young women have a distinctly higher percentage of reported sexual abuse. Young women commit primarily non-violent offenses, with shoplifting and running away being the only two areas where they exceed young men in number. Young women are held in detention for a substantially higher percentage of misdemeanor versus felony offenses than young men. Young women of color, particularly African American females, are far more likely to come into contact with the juvenile justice system. Additionally, arrests of minority females have increased during the same time frame as arrests of Caucasian females have decreased. The general type of offense committed by young women is against public order (i.e. alcohol related violations, disorderly conduct) or property (i.e. shoplifting), though young women with subsequent charges of a violent nature are likely to have had violent offenses initially as well. Historically, young women have been a smaller segment of the juvenile justice population. They remain so today. Consequently, they are easy to overlook. But Iowa’s response to them is no less important. Perhaps, because they are fewer in number, our system can have a true and meaningful influence, with prevention of further penetration into both the juvenile and adult systems being the ultimate goal. The Iowa Task Force on Young Women recommends the following measures to facilitate movement toward that goal: 1. Facilities and programs striving to provide the most effective and efficient services to young women will opt for single gender environments with female responsive programming that includes components to address trauma. 2. All institutions and agencies that work with females involved in the juvenile justice system and which receive state funding should be required to provide annual female responsive training to their employees. Training should be research based, progressive, ongoing and result in an implementation plan. 3. As detention reform proceeds, gender and the disproportionate number of females in detention for misdemeanor offenses must be an integral part of policy and decision making discussions including any recommendations for solutions to be implemented. 4. As research, data and planning progresses related to disproportionate minority contact with the juvenile system, the needs of girls of color be given equal consideration. Specifically, assessment tools must be without race/ethnic bias and they must also be female responsive.

Iowa Commission on the Status of Women Agency Performance Plan

Agency Performance Plan

Iowa Commission on the Status of African Americans Agency Performance Plan

Agency Performance Plan

Iowa Commission on the Status of Women, 29th Annual Report, February 1, 2001

Annual report for the Iowa Commission on the Status of Women, Department of Human Rights

Iowa Commission on the Status of Women, 30th Annual Report, February 1, 2002

Annual Report for the Iowa Commission on the Status of Women, Department of Human Rights.

Iowa Commission on the Status of Women, 31st Annual Report, February 1, 2003

Annual Report for Iowa Commission on the Status of Women,Department of Human Rigths.

Status Report Of The UI Trust Fund, 2001

Status report of UI Trust Fund for Iowa Workforce Development

Status Report Of The UI Trust Fund, 2002

Status report On the Iowa Unemployment Compensation Trust Fund for Iowa Workforce Development

Midwest Regional Rail Passenger Initiative Status Report, December 2002

Rail passenger report for Iowa Department of Transportation

Iowa Commission on the Status of Women Brochure, 2001

Brochure for Iowa Commission on the Status of Women their services and information to the public.

Status of Iowa Women Report, 6th Edition

Report on the Iowa Commission on the Status of Iowa Women for 2001

Midwest Regional Rail Passenger Initiative Status Report, December 2003

Status report of Midwest Regional Rail Initiative

Iowa Commission on the Status of African-Americans Annual Report, 1999

Annual report for the Iowa Commission on the Status of African-Americans.

Iowa Commission on the Status of African-Americans, Annual Report, 2000

Annual report for the Iowa Commission on the Status of African-Americans.