Around Des Moines

“Shall [Polk County, Iowa] be authorized to renovate and improve the existing courthouse and construct an 8-1/2 story courthouse facility…with related site improvements, at a total cost not exceeding [$127 million] and issue its general obligation bonds in an amount not exceeding [$132 million] for that purpose?” That is the question being put to voters in a special election on April 29, 2008.

To promote support for the referendum, officially known as Public Measure Letter A, judges have been giving tours of the current courthouse. I participated in the first tour, led by Judge Robert A. Hutchison, on March 25th. There was a strong case made for the need to do something in order to improve the current operations of Iowa’s Fifth Judicial District. However, there were virtually no pleadings on why this particular referendum should be approved.

On the county’s website there is a 21 page referendum document. This provides sketches of plans for the renovated courthouse and the new facility. On page 20 is a chart comparing various options that were considered before this option, known as 5A, was selected for the referendum. From a non-detailed look at the chart, 5A appears to be in line with other options with the important component of retaining use of the historic current building. Allegedly there has been strong public support for retaining the courthouse as a courthouse.

To help understand how the current courthouse and the new facility will be used, I recommend at least a quick look at the Iowa Judiciary’s website. On that site is information about the types of judges and magistrates that use space in county courthouses. There is also a map that shows which counties are in which district.

There are numerous reasons for building a new facility, but there are also questions voters need to ask. For instance, the new facility is projected to be maxed out in terms of space at about the time the general obligation bonds used to construct it are paid off, approximately 20 years from start of construction. Is that a reasonable planning timeframe? As businesses and residents move westward into Dallas County, will there be a related shift in where court cases are filed?

In previous reports on the courthouse, I had mentioned that access for disabled jurors, litigants, and attorneys was a matter of concern. Yet, when I asked Judge Hutchison how many jurors he had excused due to accessibility issues, he said there had been none. Although, he did acknowledge that it was sometimes a challenge to accommodate those particular jurors. During the tour a woman in a wheelchair was seen moving easily in the fourth floor hallway. In the new facility, a large juror orientation room is included in the first floor plans.

In economic terms, the lack of space in the current courthouse means that various types of courts and judiciary services are in rented space throughout Des Moines. In addition to the cost of space, this adds to the strain on budgets and personnel for deputies and other necessities of court. Costs for 5A also include temporary relocations while the current courthouse is renovated. The referendum does not provide details on this item.

In terms of physical safety, there are concerns over matters of physics and matters of law. For instance, the current courthouse does not have enclosed stairwells appropriate for fire evacuation. Neither does the courthouse permit defendants, witnesses, and jurors to be separated easily as they all must use the same hallways.

For Judge Hutchison, the human need is also important. He noted that juvenile courts handle both Child in Need of Assistance (CINA) cases and cases of juvenile justice. In the latter, it is not uncommon for teenagers to be taken into the courthouse in handcuffs. Judge Hutchison believes it is inappropriate to have youth sitting in a public hallway while handcuffed. He wants a building design that will offer them some privacy.

A new facility could also serve the public interest. Lack of space in courtrooms means the family members of defendants and of victims may have difficulty finding seating in criminal cases. Even the media must sit outside courtrooms when covering cases. This means nuances of reaction and interaction that are important may be missed.

A few polling places have been changed for this special election. If you know how you will vote, absentee voting is already taking place. In the comparison chart for the various options, it is estimated that a homeowner with a $100,000 house would pay $23.24 under 5A. A business property owner would pay $286.44 on an assessed value of $500,000.

M.R. Field covers local issues for AroundDesMoines.com.