So Long Local Rules

By Tim Eckley, Assistant Counsel to the Chief Justice SO LONG of the Iowa Supreme Court LOCAL RULES We (some of us) hardly knew ye Mediations and Arbitrations Jeffrey A. Boehlert Personal injury, employment claims, business and commercial disputes Member, American Academy of ADR Attorneys, AV Rated, over 35 years of litigation experience [email protected] any practitioners in Iowa will be or practices specific to a particular judicial district, familiar with the long simmering county or court would be set forth in appropriate Patrick V. Waldron M debate over the gotcha nature of local pretrial orders early in the life of a case. rules and whether the rules should be abrogated. There is not an outright prohibition on local Specializing in workers’ compensation and civil litigation Local rules, of course, are rules that individual rules. Judges retain their inherent authority to Member of American Academy of ADR Attorneys, courts counties or judicial districts adopt to control their courtrooms. If necessary, judicial AV Rated, over 20 years of civil litigation and supplement existing court rules. Local rules can districts or particular courts may submit a local- workers’ compensation experience also memorialize court practices or aspects of ized rule to the supreme court for approval. The [email protected] case processing unique to the particular court Iowa Court Rules still expressly authorize courts or district. Long considered by many to be little to adopt rules governing practice. See, e.g., Iowa Gregory A. Witke more than traps for the unwary or out-of-town R. Civ. P. 1.1806; Iowa R. Crim. P. 2.35. All types of civil litigation attorneys, local rules as they have existed in Iowa Member of International Academy of are now consigned to history. JUDGES’ LONG HELD INHERENT AUTHORITY TO Dispute Resolution, AV rated with 30 years of litigation experience With unanimous agreement of the chief judges CONTROL COURTROOMS [email protected] and district court administrators of Iowa’s eight Courts have always had an inherent com- judicial districts, the Judicial Council recommend- mon-law power to control proceedings before ed abolition of all local rules in Iowa. The Iowa them, which the Iowa Supreme Court has 515-283-2147 Supreme Court agreed, and during a Judicial Coun- consistently recognized. Early in our state’s 505 Fifth Avenue, Suite 729 cil meeting in December 2017, Chief Justice Cady Des Moines, IA 50309 history, the Iowa Supreme Court considered a announced that published local rules will cease to www.pattersonfirm.com trial court’s rule that a defendant not in custody exist with the understanding that any procedures who succeeded in a change of venue must appear THE IOWA LAWYER 14 MARCH 2018 Features Tim Eckley within 48 hours and concluded that the A RECENT CHORUS OF RECOMMENDATIONS TO percent strongly agreeing. Ninety-one trial court had the power to make such a ABOLISH LOCAL RULES percent (91 percent) of respondents rule and “indeed [the power] is inherent in The Iowa State Bar Association formed agreed (48.1 percent) or strongly agreed every court of general jurisdiction.” State a 2009 “Task Force for the Delivery of (43 percent) that courts should incor- v. Ensley, 10 Iowa 149, 150 (1859). In 1889, Enhanced Legal Services throughout Iowa” porate any unique rules into standard the Iowa Supreme Court held that courts to proactively identify reforms that would scheduling or pretrial orders. retained a common-law power to make enhance court services throughout the In May 2016, the Family Law Case rules of practice even though a statute state in the face of budgetary constraints. Processing Reform Task Force submitted authorized statewide rules of practice in all The task force presented “A Vision for the its report that included as a “Further Study districts of the state. Shane v. McNeill, 76 Judicial System’s Future” and summarized Recommendation" that judicial district’s Iowa 459, 465-66, 41 N.W. 166, 168 (1889). that vision as follows: “First, local rules local rules and procedures be centralized In 1940, the Iowa Supreme Court and procedures are made consistent and and placed under a "Family Law Tab" on confirmed the inherent power of courts to uniform. The practice of law is simplified the judicial branch website. adopt “rules of practice and rules to regu- as lawyers no longer need to guess and be The Iowa Guardianship and Conserva- late their proceedings, in order to expedite delayed by the mysterious nature of the torship Reform Task Force reviewed Iowa’s the trial of cases, and to keep their dockets rules and procedures of districts, counties guardianship and conservatorship laws and clear, and to facilitate the administration or even judges.” Subcommittees of the 2009 procedures and proposed recommendations of justice . .” Hammon v. Gilson, 227 Iowa ISBA Task Force recommended elimination for new and improved court processes for 1366, 1373, 291 N.W. 448, 451-52 (1940). In of local rules and procedures. statewide adoption. In August 2017, the reference to adoption of statewide rules of In 2010, the Judicial Council agreed task force submitted its final report making civil procedure, the court in 1963 recog- to abolish local rules but also to consider several recommendations for statewide nized “the fact that there are certain areas which local rules would merit statewide uniform standards, policies, procedures in which the rules of this court are not adoption. Each judicial district identified and mediation services. effective and local rules can occupy such local rules for consideration for statewide The Iowa Supreme Court Access to Jus- areas.” Thews v. Miller, 255 Iowa 175, 182, adoption. The rules numbered close to 100 tice Commission, in its July 2017 report, 121 N.W.2d 518, 522 (1963). or more. The council created a committee noted the necessity of standardized case In 1973, the judges of the Fifth Judicial to work on the matter, but recognition that processing statewide to assist self-rep- District adopted 31 rules of practice, some there always would be localized cultures resented litigants navigating the Iowa of which were applicable throughout the and a need for local protocols and practices court system. The report stated “The district, others were applicable only in Polk eventually prevailed, and the council took existence of ‘local’ rules exacerbates County. While construing one such rule, no further action on the project. the problem with effectively assisting the supreme court noted that “our cases On February 7, 2011, more than 9,000 [self-represented litigants.]” have consistently recognized the inherent licensed Iowa attorneys and judges common-law power of the courts to adopt received the Civil Justice Reform Task THE LAST STAND FOR LOCAL RULES rules for the management of cases on their Force Survey. The survey asked re- In June 2017, the supreme court dockets in the absence of statute.” Iowa spondents whether uniform statewide requested the Judicial Council undertake Civil Liberties Union v. Critelli, 244 N.W.2d rules should replace local court rules. a fresh review of each judicial districts 564, 568 (1976). On this occasion, howev- Respondents strongly favored uniform local rules to identify rules that could er, the court articulated an underlying rules, with 34.9 percent agreeing and 37.1 be rescinded and rules that the districts concern with the propagation of local rules: “we do not encourage a proliferation of idiosyncratic local rules.” Id. at 570. Just two years later the court iterated the same concern: “It remains our hope that trial courts of the state, whenever possible, will refrain from enacting local court rules which might be unfamiliar to counsel who practice elsewhere in the state.” Johnson v. Miller, 270 N.W.2d 624, 626 (1978). Concern about a growing hodgepodge of localized rules persisted. Perhaps the advent of the internet and with it the Iowa Judicial Branch website would lessen these concerns, but to this day the fact remains that attorneys and self-represented litigants often are unaware of local rules that on occasion could rise up and bite. THE IOWA LAWYER 15 MARCH 2018 Features Tim Eckley wished to submit to the supreme court for potential statewide adoption. The Judges retain inherent authority to for approval or that would be appropriate court considered the Judicial Council’s control their courtrooms. There is no to consider for statewide adoption. The recommendations during its August 2017 absolute prohibition on local rules. No Judicial Council recognized that local Administrative Term and again later in longer, however, do parties and attorneys rules could limit access to justice for the fall. In November, the court determined need to sort through rules decreeing “the self-represented litigants, that EDMS obvi- that all local rules would be abolished, with flag of the United States shall be displayed ated the need for many local rules, many the understanding that judicial districts in every courtroom,” “clothing bearing rules were redundant of the Iowa Court or county courts could submit rules to the obscene content is inappropriate,” “lawyers Rules and some districts had not updated supreme court for approval and further shall not communicate ex parte with judg- local rules in 30 or more years. understanding that any local practices that es,” or that “entrances to courtrooms shall At the next Judicial Council meeting, courts or judicial districts wished to retain afford uninhibited ingress and egress.” several districts indicated a willingness would be appropriately communicated in No longer will unfamiliar rules regarding to rescind their local rules entirely. The pretrial orders or otherwise made known to attire, general conduct in the courtroom or districts identified only a handful of rules parties and attorneys. when the court will permit attorneys and parties to stand or sit, serve as traps for un- Timothy S.

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