Supreme Court Chief Justice Mark Cady has signed an order requesting public
comment regarding Iowa Court Rules governing appellate processes, and on a new
rule of criminal procedure regarding alternate jurors.
proposed amendments on appellate processes are widespread throughout Chapter 6
of the court rules and include amendments to Iowa Rules of Criminal Procedure
2.29 and 2.30, as well as to Rule 31.15 concerning permitted practice by law
students and recent graduates.
proposed new rule of criminal procedure (Rule 2.18(15)) considers a new
approach to using alternate jurors in criminal jury trials. The request for a
new rule came after declaration of a mistrial because deliberations had
started, a sitting juror could no longer serve, and alternate jurors had been
discharged by the court as specified in Iowa Rule of Criminal Procedure
2.18(15). Federal rules permit excused jurors to be replaced by alternates
after deliberations have begun.
complete order on appellate processes can be found on the judicial branch
website here. It contains a brief explanation of each
proposed change along with instructions for submitting comments. The deadline
for comments is 4:30 p.m. on Nov. 12. The complete rules with proposed changes
shown are available here.
order on the new rule of criminal procedure also can be found on the judicial
branch website at this link.
The complete rule is here. Deadline for comments on the proposed rule
is Nov. 16 at 4:30 p.m.