Orders

 

This section of the site contains orders of statewide interest recently issued by the Iowa Supreme Court. Orders will be posted in this section for one year from the date they are first posted.

 

Links on this page go to files that may be unusable if you do not have the proper programs installed on your computer. Visit the Site Tools and Accessibility page for any plug-ins or programs your may need.

 


Request for comments to proposed amendments to Rule 31.16 Registration of House Counsel (March 21, 2012)

Order (77 kb)


Proposed New Rule (304 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System

The Iowa Supreme Court amends the interim rules of Chapter 16 of the Iowa Court Rules governing EDMS

Order (77 kb)


Chapter 16 interim rules (349 kb)


Summary (43 kb)


General Commentary (114 kb)



Request for comments to proposed amendments to Rule of Appellate Procedure (February 10, 2012)

Order (244 kb)


Proposed New Rule (186 kb)



Request for comments to proposed amendments to Rules of Civil Procedure (December 2, 2011)

Order (575 kb)


Proposed New Rule (479 kb)



Request for comments to proposed amendments to Rules of Juvenile Procedures (November 23, 2011)

Order (103 kb)


Juvenile amendments (11 kb)



Request for comments to proposed amendments to rules regulating the practice of law (November 17, 2011)

Order (429 kb)


Summary (96 kb)


Proposed amendments (200 kb)



In the Matter of Request for Public Comment Regarding Proposed Small Claims Pleadings Forms (October 7, 2011)

Order (550 kb)


Small Claims Forms (944 kb)



In the Matter of Formation of the Small Claims Forms Advisory Committee (May 18, 2011)

Order (619 kb)



In the Matter of the Supreme Court Committee to Study Lawyer Advertising Rules (April 15, 2011)

Order (466 kb)



In the Matter of Rescission of Standard Forms of Pleadings for Small Claims Actions (April 6, 2011)

Supervisory Order (206 kb)



In the Matter of Temporary Rules Governing the Electronic Document Management System and Use of Standard Forms of Pleadings for Small Claims Actions (April 4, 2011)

Temporary rules governing EDMS to exempt electronic filers in Small Claims actions until further notice of this court

Supervisory Order (364 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (April 1, 2011)

The March 28, 2011, order contained typographical errors in the numbering sequence of the new and amended Small Claims forms compared to the prior forms being replaced. The forms themselves were correctly numbered.

Amended Order (427 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (March 28, 2011)

The Court rescinds Chapter 3 of the Iowa Court Rules, Standard Forms of Pleadings for Small Claims Actions, in its entirety. The court approves and adopts the revised Chapter 3 of the Iowa Court Rules attached to this Order.
Effective April 4, 2011


Order (6666 kb)


Standard Forms (pdf) (774 kb)



In the Matter of Changes to the Business Hours of the Jefferson and Louisa County Clerk of Court Offices (March 9, 2011)

Effective immediately

Nunc Pro Tunc (170 kb)



In the Matter of Changes to the Business Hours of the Jefferson and Louisa County Clerk of Court Offices (March 9, 2011)

Effective immediately.

Supervisory Order (181 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 4; Form 4.11 (February 2, 2011)

Effective immediately.

Order and Form 4.11 (895 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 4: Forms 4.1, 4.2, 4.11, and 4.15 (December 27, 2010)

Effective immediately

Supervisory Order (3402 kb)



In the Matter of the Appointment of the EMC Media Coordinator for Region 3

Effective December 17, 2010.

Order (192 kb)



Proposed Adoption of 2005 Model Standards of Conduct for Mediators (December 7, 2010)

Deadline for comments is March 7, 2011

Order (2271 kb)


Model Standards of Conduct for Mediators (166 kb)


Chapter 11 Study Group (2195 kb)



In the Matter of the Retention of a Private Court Reporter in a Civil Case: Amendment to January 6, 2010 Order (November 24, 2010)

Effective immediately

Supervisory Order (835 kb)



In the Matter of Temporary Rules to Govern the Use of the Electronic Document Management System Plymouth County and Story County (November 4, 2010)

Supervisory Order (538 kb)


Chapter 16 - Rules Pertaining to the Use of the Electronic Document Management System (12070 kb)


Protected Information Disclosure (424 kb)


Small Claims Original Notice and Petition (3124 kb)


Notice of Transcript Redaction (445 kb)


General Commentary on Electronic Filing Rules (118 kb)



In the Matter of Changes to the Business Hours of the Chickasaw and Howard County Clerk of Court Offices (October 19, 2010)

Effective October 25, 2010

Supervisory Order (207 kb)



In the Matter of Changes to the Business Hours of the Greene County Clerk of Court Office (September 29, 2010)

Effective October 12, 2010

Supervisory Order (185 kb)



In the Matter of Changes to the Business Hours of the Boone County Clerk of Court Office (September 29, 2010)

Effective October 5, 2010

Supervisory Order (177 kb)



In the Matter of Changes to the Business Hours of the Adams, Ringgold and Taylor County Clerk of Court offices (September 29, 2010)

Effective October 4, 2010

Supervisory Order (189 kb)



In the Matter of the Judicial Council Advisory Committee on Fine Collection Procedures, Practices and Rules (September 24, 2010)

Effective immediately

Order (928 kb)



In the Matter of the Public Hours of the Office of the Clerk of the Appellate Courts (September 15, 2010)

Effective September 20, 2010

Supervisory Order (465 kb)



In the Matter of Changes to the Business Hours of the Jones County Clerk of Court Office (August 18, 2010)

Effective August 30, 2010

Supervisory Order (167 kb)



In the Matter of the Appointment of Members to Serve on the Civil Justice Reform Task Force (August 6, 2010)

Supervisory Order (106 kb)



In the Matter of Changes to the Business Hours of the Worth County Clerk of Court Office (August 4, 2010)

Effective September 10, 2010

Supervisory Order (181 kb)



In the Matter of Expanded Media Coverage of the Courts (July 21, 2010)

The supreme court has reorganized the jurisdiction of media coordinators for Jackson County.
Effective August 1, 2010

Order (171 kb)



In the Matter of Interim Procedures Governing the Collection of Court Fines and Fees (July 2, 2010)

Upon recommendation of the Judicial Council, the supreme court adopts interim provisions that will govern installment payment plans and other fine collection activities of the judicial branch until the adoption of permanent rules.
Effective July 12, 2010

Supervisory Order (1250 kb)



In the Matter of Changes to the Business Hours of the Floyd County Clerk of Court Office (May 13, 2010)

Effective May 20, 2010

Supervisory Order (174 kb)



In the Matter of Changes to the Business Hours of the Davis County Clerk of Court Office (May 4, 2010)

Effective May 10, 2010

Supervisory Order (176 kb)



In the Matter of Adoption of EDMS Rules for Pilot Project in Plymouth County (April 21, 2010)

Effective immediately

Supervisory Order (581 kb)


Chapter 16 - Rules Pertaining to the Use of the Electronic Document Management System (12017 kb)


Protected Information Disclosure (520 kb)


Small Claims Original Notice and Petition (2292 kb)


General Commentary on Electronic Filing Rules (2274 kb)



In the Matter of Changes to the Business Hours of the Guthrie County Clerk of Court Office (April 13, 2010)

Effective immediately

Supervisory Order (173 kb)



In the Matter of the Business Hours of the Fremont County Clerk of Court Office (April 6, 2010)

Effective April 5, 2010

Supervisory Order (167 kb)



In the Matter of Appointment to the Task Force for Civil Justice Reform (March 23, 2010)

Effective immediately

Order (123 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (March 19, 2010)

Fremont county
Effective April 5, 2010

Supervisory Order (186 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (February 11, 2010)

Jefferson county
effective February 12, 2010

Supervisory Order (180 kb)



In the Matter of Prioritization of Cases and Duties (February 4, 2010)

Amendment to Order of December 1, 2009
Effective immediately

Supervisory Order (323 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (January 28, 2010)

Fifth District
effective February 1, 2010

Supervisory Order (252 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (January 26, 2010)

First, Second and Sixth districts
effective February 1, 2010

Supervisory Order (286 kb)



Proposed Revised Iowa Code of Judicial Conduct (January 19, 2010)

Chapter 51
Deadline for comments is March 19, 2010.

Order and Proposed Code (581 kb)



In the Matter of Private Retention of Court Reporters in Civil Cases (January 6, 2010)

Supervisory order (500 kb)



In the Matter of Appointments to the Task Force for Civil Justice Reform (December 18, 2009)

Order (655 kb)



In the Matter of Court Closure Days and Public Hours of Clerk of Court Offices (December 2, 2009)

Supervisory Order (63 kb)



In the Matter of Prioritization of Cases and Duties (December 1, 2009)

Supervisory Order (1318 kb)



In the Matter of the Public Hours of Clerk of Court Offices (November 17, 2009)

Supervisory Order (2646 kb)



In the Matter of Actions Taken to Reduce Judicial Branch Operating Expenses (November 12, 2009)

Supervisory Order (1443 kb)



In The Matter of Court Closure and Unpaid Leave Days (November 10, 2009)

Supervisory Order (497 kb)



In the Matter of Actions Taken to Reduce Judicial Branch Operating Expenses for Fiscal Year 2010 (June 25, 2009)

Supervisory Order (162 kb)



In the Matter of Court Closure Days and Reduced Public Hours (May 29, 2009)

Supervisory Order (288 kb)



In the Matter of Appointments to the Digital Audio Recording Technology Committee of the Judicial Council (May 7, 2009)

Order (380 kb)



In the Matter of Court Closure and Unpaid Leave Days: May 8 (May 5, 2009)

Supervisory Order (452 kb)



In the Matter of Mileage Reimbursement (March 31, 2009)

Supervisory Order (315 kb)



Actions Concerning Judicial Operations (March 13, 2009)

Supervisory Order (228 kb)



Action Taken to Reduce Operating Expenses (February 27, 2009)

Supervisory Order (186 kb)



Hearing on Proposed Rules (February 24, 2009)

A hearing is scheduled on Thursday, March 5, 2009, regarding minutes of evidence.

Order Setting Hearing Schedule (Feb. 24, 2009) (480 kb)


Order Setting Amended Hearing Schedule (March 2, 2009) (477 kb)


Order (Feb. 13, 2009) (749 kb)



Actions Taken to Reduce Judicial Branch Operating Expenses (February 2, 2009)

Supervisory Order (783 kb)



Proposed Amendments to the Rules of Criminal Procedure (December 2, 2008)

Information about witnesses
Deadline for comments is January 2, 2009

Chapter 2, Rule 2.4 and 2.5 (589 kb)



Proposed Amendments to Iowa Court Rules (November 12, 2008)

Licensing and Practice of Foreign Legal Consultants
Deadline for comments is December 12, 2008

Chapter 31, Rule 31.14 and 31.18 (5008 kb)



In the Matter of Iowa Rule of Civil Procedure 1.422 (September 23, 2008)

Rule 1.422

Supervisory Order (150 kb)



Proposed Amendments to the Rules of Criminal Procedure (June 23, 2008)

Information about witnesses
Deadline for comments is July 23, 2008

Chapter 2, Rule 2.4 and 2.5 (96 kb)


Order (355 kb)


Final Report of the Child Support Guidelines Review Committee (378 kb)


Proposed Amendments to Chapter 9 (348 kb)


Rule 9.27, Forms 1 and 2 (418 kb)



Revisions to Electronic Document Management System Proposed Rules (June 10, 2008)

Public Notice (47 kb)


General commentary (71 kb)


Chapter 16--Pertaining to the use of EDMS (258 kb)



Proposed Amendments to Rules of Appellate Procedure and Rules of Civil Procedure Concerning Certiorari (June 6, 2008)

Deadline for comments is August 6, 2008

Order (81 kb)


Proposed Amendments to Rules of Appellate Procedure (851 kb)


Summary of Key Changes (238 kb)


Proposed Amendments to Rules of Civil Procedure (113 kb)



Appointments to the Supreme Court Limited Jurisdiction Task Force (January 14, 2008)

Appointment Order (205 kb)


Resolution in Support of the Pew Commission (September 10, 2007) (86 kb)



Filing by facsimile transmission (August 6, 2007)

Order granting filing by facsimile transmission of certain documents in chapters 125 and 229 commitment proceedings
Effective immediately

Order (66 kb)



Uniform Bond Schedule (August 2, 2007)

Order amending uniform bond schedule

Order and bond schedule (97 kb)



Instructions to Compensation Commissioners from the Chief Justice (January 12, 2007)

Instructions (208 kb)

'Next We'll Be Bringing in the Cafeteria Police'
Conservative Satirist Finds Humor, Fear Factor
in New School Lunch Rules

Effective March 26, kids will be required to put fruits or vegetables on their trays in the lunch line. School cafeterias with salad bars must monitor the salad eaters "to ensure that students actually take the minimum required portion size" deemed nutritionally necessary for their age.

No school kids will be served whole milk or even 2 percent-fat milk; only 1 percent or fat-free milk will be allowed. However, "students may decline milk," the U.S. Department of Agriculture generously concedes in its new rules for school lunches.

It's not hard to see what lies ahead, says Stephen Goldberg, author of Obama's Shorts (www.ObamasShorts.com), a collection of 23 satirical short stories that take a humorous look at the new rules and regulations governing Americans' lives.

"How about a National Nutritional Enforcement Agency that provides federal agents, unarmed, of course, to make sure all students are Clean Plate Clubbers?" he asks.

And forget mandatory health insurance, he says, we have a much bigger problem.

"We're ripe for a Patients' Waiting Room Fairness Act. Some people can't afford a phone or computer. Some can't speak English. Why should they have to wait longer than people who can make appointments?

"The Waiting Room Fairness Act will ensure it's first come, first served," Goldberg says. "That's only fair."

A stand-up comic-turned-dentist, Goldberg says there are some serious concerns underlying his hyperbole. Too many Americans don't understand the principles upon which the United States was created, so they're blind to just how far from them we've strayed. There's nothing like a dose of humor to provide some education.

"The Constitution set things up so we would be ruled from the bottom up with only a few things controlled by the federal government," Goldberg says. "Now it is completely upside down.

"Take school lunches. Most parents pay for them. Shouldn't they be the ones telling their kids what they should put on their plate? These new rules have been created, in part, to 'help mitigate the childhood obesity trend,' the USDA says. What if you've got a skinny kid who's a picky eater and you want him to have the choice of drinking whole milk?"

The Constitution was crafted with the family as the political base, Goldberg says. For things a family couldn't possibly accomplish, the Founding Fathers looked to communities to be in charge. And what the community couldn't do, the state would handle.

"The federal government got only a few powers, like war and international trade. That also helped ensure that the different beliefs, cultures and values of different communities would be protected.

"Think it's far-fetched imagining a day when federal agents search lunchboxes for cookie contraband?" Goldberg asks. "How about a National Potato Council accusing the feds of treating their tuber like a 'second-class vegetable' in its lunchroom rules?

"Yes, there is a National Potato Council. And yes, that's what they said."

About Stephen Goldberg

Stephen Goldberg started his professional life as a comedian and turned to dentistry as a more reliable way to make a living - though he never stopped getting his audience to laugh. He's been married 45 years and has three children and three grandchildren.




Thank you for your support!!

(Bettendorf, IA Mar 7, 2012) - The Muslim Community of the Quad Cities (MCQC) is pleased to welcome fellow Quad Citians to the opening of its new mosque facility in Bettendorf.

Saturday, May 5, 2012 from 2p.m. - 5p.m. at 2115 Kimberly Rd, Bettendorf, Iowa 52722

MCQC President, Dr. Mushtaq Khan, said "We are happy to have completed the new building, and are eager to welcome our neighbors to celebrate with us. We look forward to working with them in the future." "This new building is a much needed addition.  the local Muslim community is expanding, and our ability to participate in and serve both it and the Quad City community in general will be enhanced by the new facility," said Dr. Talia Alvi, Outreach Coordinator for MCQC.

Activities will include guided tours, Islamic art/culture exhibit, Arabic writing craft table, community slideshow, food, information tables explaining some of the basic beliefs and practices in Islam, etc. along with brief addresses by the Mayor Gallagher (Bettendorf) and Mayor Gluba (Davenport), Rev. Ron Quay (Churches United), and Mosque representatives.

Admission is free, and the event is open to the public; refreshments provided! For more info contact: Talia Alvi (563) 503 0708, taliaalvi@yahoo.com, Moutaz Kotob (563) 505 7537

- END -

Political gridlock to blame

 

Washington, DC - Rep. Bruce Braley (IA-01) released the following statement today regarding delays in passing a transportation bill out of Congress:

 

"Ridiculous partisan gridlock in Washington continues to delay funding to fix Iowa's dilapidated and dangerous roads and bridges. This must stop and the solution is simple.

 

"The House should join Senators Grassley and Harkin and pass the bipartisan transportation bill to fix our roads and bridges and create hundreds of jobs in Iowa. Washington should stop kicking the can down our deteriorating roads, which are putting drivers and passengers at risk."

 

# # #

Sunday, April 8, 2011 - Time: 10-2

On Sunday, April 8th, Johnny's Italian Steakhouse will host Easter Brunch from 10-am until 2pm. Reserved seating is recommended.

Enjoy an elegant Easter brunch buffet with chef carved prime rib, ham, classic breakfast favorites including a waffle bar, desserts and much more.

Prices for the brunch are $24 per person, $12 children 12 and under, highchair age free. To make your reservation call the restaurant at 309-736-0100 or visit johnnysitlaiansteakhouse.com

Johnny's Italian Steakhouse, John Deere Commons, 1300 River Dr, Moline, IL 612654

###

First public-private partnership under new Schilling-Loebsack arsenal law

Washington, DC - Congressmen Bobby Schilling (IL-17) and Dave Loebsack (IA-02) this morning applauded the Rock Island Arsenal (RIA) Joint Manufacturing and Technology Center (JMTC) and Mack Defense agreement that will provide Mack Defense access, via public-private partnerships, to the only remaining U.S. Army foundry and the Army's only vertically integrated metal manufacturing facility.

The RIA-JMTC and Mack Defense agreement to form a public-private partnership is the first such intent to partner since Schilling-Loebsack Arsenal provisions were signed into law early this year as part of the FY2012 National Defense Authorization Act (NDAA). 

"I couldn't be more pleased by news of the formation of a job-creating public-private partnership between the JMTC and Mack Defense,"  Schilling said. "This new agreement strengthens the Arsenal and the JMTC, and will surely strengthen our case as Team Rock Island Arsenal continues promoting the Arsenal's value to our national defense needs and to our region."

"Today's announcement is a win-win-win agreement for the Arsenal, Mack Defense and the hard working folks in the Quad Cities," said Loebsack. "This is a great partnership being done under the authority of the new provisions that Rep. Schilling and I were proud to push through Congress. It will strengthen the Arsenal and the JMTC and I look forward to seeing this and future partnerships grow."

"This is great news that demonstrates once more a success story of partnership between the Department of Defense industrial base and industry in support of our nation's objectives. Such partnering is the solution to a reduced Department of Defense budget while allowing the U.S. to maintain its warfighting edge," said Major General (Ret) Yves Fontaine of Fontaine Consulting LLC, former Commanding General of the U.S. Army Sustainment Command at the Rock Island Arsenal.

Schilling and Loebsack secured landmark language in the HASC markup of the NDAA in May to lift the legal cap on the number of public-private partnerships arsenals can enter into.  That cap was limited to eight spread across arsenals throughout the country, limiting RIA's flexibility to increase its workload and broaden its regional, private-sector economic impact.  The Schilling-Loebsack language went on to pass the House as part of the comprehensive NDAA in a bipartisan vote of 322-92.  The Senate version of the NDAA did not fully remove the cap, instead lifting it to 15.

Schilling and Loebsack were named to the NDAA Conference Committee tasked with working out the differences between the House and Senate versions of the NDAA.  As conferees, the Congressmen successfully maintained the House-passed PPP language to maximize the possibility for private-sector job growth at installations like RIA.  They also successfully included a provision in the conference report that would designate the Arsenal as a Center for Industrial and Technical Excellence (CITEs), further improving its ability to enter into public-private partnerships, provide for our men and women in combat, and strengthen the Arsenal's core skills and manufacturing abilities.  These Schilling-Loebsack provisions were approved as part of the comprehensive NDAA by the House and the Senate, and were signed into law by the president.

The JMTC is a one-of-a-kind U.S. Army facility which manufactures critical equipment for our troops around the world.  The more than 1,700 individuals employed at JMTC specialize in manufacturing artillery, armor, small arms, and mobile maintenance kits for use on the front lines.  The JMTC, perhaps best known for howitzer production, operates the Army's only foundry and since 2003 has produced half of all armor for Army tactical wheeled vehicles.  Veterans make up more than half of JMTC's highly-skilled workforce.

# # #

Sunday, April 8, 2011 -  Seatings: 10:30am and 1pm

On Sunday, April 8th, The Figge Art Museum is hosting the Easter Brunch prepared by Heart of America chef Dave Mickelwright. The brunch will take place in the elegant dining area with river views.

Reserved seating is required with two seating times to choose from: 10:30AM and 1PM.

Enjoy an elegant Easter brunch buffet with chef carved prime rib, ham, classic breakfast favorites, pastries, desserts and much, much more.

Prices for the brunch are $19.99 per person for museum members, $22.99 per person for non-members, $10.99 children age 4-10 and under 4 free.

Museum admission included with brunch and guided tours available at 12:30 and 1:30. Call Dave Mickelwright to make your reservations at 563.726.2087.

###

On Sunday, April 8th, Thunder Bay, will host Easter Brunch from 9am-3pm. Reserved seating is recommended.

Enjoy an elegant Easter brunch buffet with smoked salmon, turkey and dressing, carved ham, omelet bar, peel and eat shrimp, fried shrimp, home made waffles with all the toppings, pasties, salad bar, chocolate and champagne fountains much more.

Prices for the brunch are $20.99 per person, $ 7.99 children age 5-10 and under 4 free. Make your reservations today by calling the restaurant at 563-386-2722.

Thunder Bay, 6511 Brady Street, Davenport, Phone 563-386-2722, thunderbaygrille.com

###

Prepared Statement of Senator Chuck Grassley of Iowa

Ranking Member, U.S. Senate Committee on the Judiciary

Hearing on "Justice for All: Convicting the Guilty and Exonerating the Innocent"

Wednesday, March 21, 2012

Mr. Chairman, thank you for holding today's hearing.  The debate surrounding crime and punishment has been around long before the United States.  When our Founding Fathers drafted and ratified the Constitution and the Bill of Rights 225 years ago, at the forefront of their minds was ensuring the protection of individual liberty from the power of the government.  However, the Founders did recognize that at times there are citizens that break the social contract of our civil society and need to be punished, provided they are afforded due process.  While not strictly defining what due process was required, the Constitution and years of court cases have outlined that process which has worked to ensure a baseline set of standards at both the state and federal level for criminal prosecutions.

Over time, these baseline procedures have been supplemented with statutory law, model rules, court rules, and standards of professional responsibility that are designed to ensure the fair and impartial administration of criminal justice.  Unfortunately, despite the adherence to the Constitution, laws, regulations, rules, and procedures, there is the possibility that an innocent person could be afforded all this due process yet still be convicted.  Mr. Haynesworth is here today after spending 27 years in prison for a crime he didn't commit.  In December he was declared an innocent man by the Virginia Court of Appeals.  His case presents us with a personal example of why we must continue to ask questions about the criminal justice system and not become complacent.

Cases like Mr. Hayensworth's make us realize that no system involving humans is perfect.  This is a sad, unfortunate and emotional reality that we must recognize.  However, we must also examine the issue in an informed way that doesn't threaten to destabilize the entire criminal justice system.

Chief among the issues to discuss today is the question of how many innocent men and women may have been convicted over the years and how do we effectively review those cases, correct injustices, and apply what we learn so those injustices are not repeated.  This is not an easy task.  So, the question becomes - how do we determine which cases should be reviewed and how do we allocate the limited resources of the government to review these cases?

It is important to note that there is a real discrepancy in the number of individuals in prison who are actually innocent.  For example, some argue that cases where truly innocent individuals were exonerated are just the tip of the iceberg.  However, others argue that the number of true exonerations is small because many of the statistics on exonerations include cases where convictions were overturned on procedural grounds, even though the individual was not found factually innocent.  Furthermore, they argue that the number of exonerations is going down each year as technological advances, such as DNA testing, eliminate many wrongful convictions from even occurring because DNA testing is being routinely used to prove factual innocence earlier in the investigative process.  Getting a better understanding of how many cases are out there will not only inform us about whether reforms are needed, but also what types of reforms would provide the best help.

Further, we need to be cognizant of the fact that in addition to the federal criminal justice system, there are fifty different state justice systems each with their own constitutions, laws, rules, regulations, and procedures.  As Justice Jackson, who was then-Attorney General Jackson, said in his famous speech The Federal Prosecutor, "[O]utside of federal law each locality has the right under our system of government to fix its own standards of law enforcement and morals."  This statement is particularly important today given the current fiscal situation the federal government faces.  We do not have the resources at the federal level to provide funding to states to review every single criminal case after each case has exhausted all appellate remedies.  Nor, should we interfere in the day-to-day intricacies of state criminal justice systems.

As written testimony submitted by Judge Hervey points out, the state of Texas, via the Court of Criminal Appeals has established the Texas Criminal Justice Integrity Unit to review their criminal justice system and propose reforms where needed.  As states are already undertaking this effort on their own, our role in Congress should be to examine the federal criminal justice system and not to reform every state system.  We should not go down a path of attempting to correct problems in state criminal justice systems.  Instead, as the recent report on prosecutorial misconduct in the Ted Stevens case points out, we should expend our limited resources ensuring that the federal criminal justice system works as it should.

That said, we have a panel of witnesses here today to discuss this important topic and I look forward to their testimony.  Thank you.

-30-

Pages