Today, the Iowa Supreme Court issued three orders to guide judges, attorneys, parties, and all court employees as many courts resume face-to-face services next week. The orders include (1) steps required for the safe resumption of services that mitigate spread of COVID-19; (2) temporary procedures for expediting family law trials; and (3) a clarification of the May 22, 2020 case priority order.
“It is so very important that Iowans feel comfortable returning to their courthouses for essential court services that must be done face-to-face,” Chief Justice Susan Christensen said.” We are unwavering in our commitment to provide fair and impartial justice to those who enter our courtrooms and to provide outstanding service to everyone while mitigating the risk of COVID-19.
“The judicial branch gratefully acknowledges the information, guidance, and recommendations provided by the Jumpstart Jury Task Force, the Jumpstart Family Law Trials Task Force, the Judicial Council, the University of Iowa College of Public Health, the Iowa Department of Public Health, and the Centers for Disease Control and Prevention,” Chief Justice Christensen continued. “The judicial branch also appreciates the partnership between the individual counties and local court officials as local implementation will vary based on physical layout, local needs, and available resources.”
How will it be different?
Courtrooms will look different and court proceedings will be different. There will be fewer people gathered in the hallways outside the courtrooms and everyone will be wearing a mask or face shield. With a new scheduling process, there will be longer breaks between court proceedings and fewer people will be allowed in the courtrooms at one time to ensure sufficient space for social distancing for parties, attorneys, witnesses, and court staff.
Once a trial begins, all participants will be seated at least six feet apart, and anyone who speaks, including the judge, attorneys, and witnesses, will be required to wear a face shield enabling a full view of the face. With the court’s permission, witnesses may testify by video streaming from a secure location outside the courtroom. Parties will no longer pass exhibits hand to hand. Trials may be continued if any participant experiences COVID-19 symptoms. Participants testing positive will be excused immediately, sent home, and asked to seek medical care. Courts must then consider if any further action is necessary based on contacts the affected person had with other court attendees. Those actions include contacting local public health officials relating to contact tracing, disinfection, and related measures. There will be no Jury trials until September 14, 2020.
Teleconferencing or Videoconferencing Encouraged
Parties in judicial proceedings are encouraged to use teleconferencing or videoconferencing whenever possible including during informal family law procedures, mediations, hearings, and trials, with some exceptions. For people without access to technology, district courts are directed to provide technology and confidential space for individuals to participate in video court proceedings.
Family Law Cases for Self-Represented Litigants
For family law cases where both litigants are self-represented, such as divorces with or without children, legal separations, paternity cases, and modifications for child custody, visitation, and child support, the order requires judicial districts to develop plans for informal family law programs by August 17, 2020. The informal family law program is a streamlined option to a traditional trial for cases involving less complicated factual circumstances. The program limits the parties to two witnesses each during the proceedings and allows each party to submit up to five affidavits or reports to the judge instead of testimony. Two of the five affidavits may be reports of expert witnesses who otherwise would be called as witnesses. During the trial, the person who started the case will speak first. A lawyer does not question the person. Instead, the judge will ask the questions. Then, the process is repeated for the other person. Once the trial is completed, the judge will enter a ruling.
Temporary Mandatory Mediation:
The family law order also mandates district courts to have procedures for mediation or judicial settlement processes by December 1, 2020. Family law mediation is designed to narrow the scope of the case and ensure focus is placed on the relevant issues. After the mediation is complete, an attorney, mediator, or party must submit a mediation report to the district court. The report will identify the remaining legal issues, succinctly summarize each party’s position on all issues, and briefly state factual disputes. By December 1, 2020, judicial districts must provide a list of approved mediators for a statewide list, although parties may agree to use a mediator not on the statewide list.
More Information on the Iowa Judicial Branch Website
Today’s supreme court orders consolidate all of the information regarding the measures the judicial branch has taken to reduce exposure to COVID 19 when in court controlled spaces, and the orders provide the policies and procedures that courts and court staff must follow. These orders, weekly updates and press releases are available on the Iowa Judicial Branch’s dedicated COVID-19 webpage at https://www.iowacourts.gov/iowa-courts/covid-19-information-and-updates/.
For More Information:
Steve Davis
Communications Director
Iowa Judicial Branch
[email protected]