Senate approves courts' funding cuts

DES MOINES – The Iowa Senate approved a $2.9 million cut in state funding for the Iowa courts next fiscal year and granted authority for judges to be included in unpaid furloughs with other Judicial Branch employees.

Senators voted 30-20 Tuesday to approve a $149.2 million spending plan for fiscal 2010 that bill manager, Sen. Tom Hancock, D-Epworth, said could create “the potential for 20 furlough days” during the 12 months that begin July 1 because the courts' budget is 96 percent salaries.

“We made some tough decisions,” he said. “There are furloughs, there are folks that are going to see some furlough days that are going to be losing some funding, but we did what we had to do.”

Democratic Sens. Keith Kreiman of Bloomfield and Rich Olive of Story City joined 18 GOP senators in opposing Senate File 472, which now goes to the House for consideration.

The bill specifies that there be clerk of court offices in all 99 counties, although there currently are only 74 clerks statewide. The measure also requires judicial branch officials to focus their efforts on collecting delinquent fines and fees to generate more revenue.

To help with budget shortfall issues, senators allowed judges to waive travel reimbursements for travel outside their counties of residence, authorized furloughs of judicial officers through June 30, 2010, and allowed parties to a civil case – including a jury trial -- to move the case to a contiguous county even it crosses into another judicial district.

Also Tuesday, senators approved by a 50-0 vote and sent Gov. Chet Culver legislation designed to make it harder for sexually violent predators to be released from prison.

House File 676 would raise the standard for civilly committed prisoners to obtain a final hearing to determine whether they should be released. Currently, a committed person is entitled to a hearing each year if, by a preponderance of evidence, there is evidence that would lead a competent person to believe a final hearing should be held.

The bill would change that standard to a preponderance of evidence there is "relevant and reliable" evidence.

The Senate also confirmed seven Culver appointees to various state boards and commissions but deferred on Shearon Elderkin's interim and ongoing appointment to the state Environmental Protection Commission. Senate GOP Leader Paul McKinley of Chariton said minority Republicans wanted more time to investigate concerns over the Cedar Rapids woman's nomination.

At least 34 affirmative votes are required for a gubernatorial nominee to achieve the two-thirds majority required for confirmation. Democrats hold a 32-18 majority in the Iowa Senate.