Iowa

New Mexico Supreme Court Chief Justice Charles Daniels had grim news for state legislators at his annual State of the Judiciary speech last month: the state’s judicial system may no longer be able to provide New Mexicans with adequate access to their Constitutional rights due to a crippling financial crisis.

The Iowa Supreme Court Family Law Case Processing Reform Task Force recently submitted its final report to the Iowa Supreme Court, concluding a year-long study of the family law court system in Iowa. The Task Force report includes a comprehensive list of recommendations for the Iowa Supreme Court’s consideration, including develop a statewide mediation program for family law cases and identifying barriers to using and encouraging the use of unbundled legal services.

Iowa Supreme Court Chief Justice Mark S. Cady announced in his 2015 State of the Judiciary speech the creation of a task force “to make recommendations for greater consistency, efficiency, and transparency in the resolution of family law cases.” According to Chief Justice Cady, “[t]hese cases are a big portion of our workload, and now is the time to make sure Iowa’s court system provides the best possible practices and outcomes for families who need our courts during difficult times.”

After reviewing the public comments, and making some changes in response, the Iowa Supreme Court has approved a new expedited civil action rule (ECA rule) and a package of new rules and amendments collectively referred to as “the discovery amendments.” The changes will take effect January 1, 2015, as Iowa weeks to “significantly reduce litigation time and cost, while increasing access to justice."

The Iowa Supreme Court has requested comments on proposed amendments to the discovery provisions in the Iowa Rules of Civil Procedure and a proposed new rule allowing for streamlined and expedited civil actions. The proposed amendments and new rule stem from a concern regarding the declining number of civil jury trials in Iowa courts, of which there were only 204 tried to verdict in 2012.

According to a new poll, nearly nine in ten voters believe that judicial campaign support—whether in the form of direct contributions or independent spending—influences judicial decisions. This figure is a sharp increase from similar polls conducted over the last decade. These heightened concerns could be a reaction to the U.S. Supreme Court's decision in Citizens United or to a marked rise in judicial election spending, particularly by outside groups, in recent years.

Following its 2009 decision in Varnum v. Brien overturning the state ban on same-sex marriage, the Iowa Supreme Court recently held that the state must allow same-sex couples to have both their names listed on the birth certificate of their newborn child. Justice David Wiggins reasoned that same-sex couples “enjoy the same benefits and burdens of parenthood” as heterosexual parents and, therefore, are entitled to the fundamental right of parenthood at the moment of birth.

A group of Republican members of the house of representatives have proposed cutting the pay of the four remaining Iowa Supreme Court justices who participated in Varnum v. Brien, a unanimous 2009 ruling that struck down a state law banning same-sex marriages.

The Iowa Supreme Court is moving forward with implementation of a Business Specialty Court Pilot Project and will begin receiving cases on May 1, 2013. The Business Specialty Court Pilot Project grows out of the recommendations of Iowa’s Supreme Court Task Force for Civil Justice Reform. Among the recommendations was the establishment of a business court pilot project, one judge/one case and date certain for trial, adoption of the Federal Rules’ initial disclosure regime, and a two-tiered differentiated case management pilot project.

Addressing efforts to oust Justice David Wiggins from his seat on Iowa's high court because of an unpopular decision, the O’Connor Advisory Committee Chair, Justice Ruth V. McGregor, has written an op-ed about how special interest groups are "asking Iowa’s voters to disregard the fundamental principles of a state justice system that has served Iowa well."