HSB 600

Description

Senate File 2246 provides that in noncontested civil and criminal court proceedings, if all parties and the parties’ attorneys request that the proceedings be held by videoconference, telephone, or other remote means of communication, the court shall grant the request if appropriate technology is available.

Senate File 2246 provides that in contested civil and criminal court proceedings, if all parties and the parties’ attorneys request that the proceedings be held by videoconference, telephone, or other remote means of communication, the court may grant the request if appropriate technology is available.

The Bill also provides that oral evidence taken in open court includes remote testimony of a witness.

Background

Currently, Iowa Code section 624.1 provides that all issues of fact in ordinary actions shall be tried upon oral evidence taken in open court, except that depositions may be used as provided by law.

During the COVID-19 pandemic, the Judicial Branch temporarily allowed certain judicial proceedings to be conducted by videoconference or telephone.

Assumptions

• The Office of the State Public Defender and the Office of the Attorney General pay mileage expenses for their attorneys to travel to judicial proceedings.
• Approximately 40.0% of proceedings for adult criminal and juvenile cases will be deemed noncontested. Many of these proceedings will be held remotely under this Bill.
• Judicial proceedings held remotely will incur no mileage expenses to Office of the State Public Defender attorneys and contract attorneys and Office of the Attorney General attorneys.
• Due to the COVID-19 pandemic’s impact on the scheduling of judicial proceedings, future mileage expenditures for Office of the State Public Defender attorneys and contract attorneys would more closely resemble FY 2019 mileage expenditures than those of more recent fiscal years.
• In FY 2019, $794,000 was expended from the Indigent Defense Fund on mileage reimbursement for adult criminal and juvenile proceedings. In FY 2019, $86,000 was expended from the Office of the State Public Defender operating budget for adult criminal and juvenile proceedings.
• The Office of the Attorney General estimates cost savings of approximately $15,000 per fiscal year.
• Contested judicial proceedings may be conducted remotely, but it cannot be estimated how often this will occur.

Fiscal Impact

Many noncontested judicial proceedings will be conducted remotely under SF 2246. Table 1 below shows estimated annual cost savings to the Office of the State Public Defender if 25.0%, 50.0%, or 75.0% of the noncontested judicial proceedings that it is a party to are conducted remotely. This cost savings is composed of savings to the Office of the State Public Defender operating budget and the Indigent Defense Fund. Both are funded through the State General Fund.

Table 1 — Estimated Annual Savings to the Office of the State Public Defender Senate File 2246 is also estimated to have an annual cost savings of approximately $15,000 to the Office of the Attorney General. This cost savings is primarily to the Area Prosecutions Division, which is funded through the Consumer Education and Litigation Fund. Senate File 2246 may also result in beneficial reductions in the need for continuances and enhanced operational efficiency for the Judicial Branch, but the fiscal impact cannot be quantified at this time. Additionally, counties may experience cost savings from reduced transport of defendants to court proceedings by sheriffs, but the extent of these savings cannot be estimated due to a lack of data.Mileage Expenses

Per Year

Percent of

Proceedings Deemed

Noncontested

Percent of

Noncontested Proceedings

Held Remotely

Cost Savings

Per Year

State Public Defender

Operating Budget 86,000$ 40.0% 25.0% 8,600$ Indigent Defense Fund 794,000$ 40.0% 25.0% 79,400$ Total 880,000$ 88,000$

State Public Defender

Operating Budget 86,000$ 40.0% 50.0% 17,200$ Indigent Defense Fund 794,000$ 40.0% 50.0% 158,800$ Total 880,000$ 176,000$

State Public Defender

Operating Budget 86,000$ 40.0% 75.0% 25,800$ Indigent Defense Fund 794,000$ 40.0% 75.0% 238,200$ Total 880,000$ 264,000$ If 25.0% of Noncontested Proceedings Are Conducted Remotely If 50.0% of Noncontested Proceedings are Conducted Remotely If 75.0% of Noncontested Proceedings are Conducted Remotely

Sources

• Judicial Branch
• Office of the State Public Defender
• Office of the Attorney General
• Iowa State Association of Counties
• Iowa State Sheriffs & Deputies Association
• Legislative Services Agency