• About Us
  • Advertise
  • Contact Us
  • Privacy Policy
Sunday, January 29, 2023
The Iowa Torch
  • Home
  • State Government
  • Federal Government
  • Local Government
  • Politics
  • Education
  • Opinion
No Result
View All Result
  • Home
  • State Government
  • Federal Government
  • Local Government
  • Politics
  • Education
  • Opinion
The Iowa Torch
The Iowa Torch
No Result
View All Result
Home State Government

Jacobsen calls for the creation of specialty probate courts in Iowa

State Rep. Jon Jacobsen, R-Council Bluffs, seeks to establish specialty probate courts in Iowa and his bill, HF 2268, approved by a subcommittee would do that.

Mary StrokabyMary Stroka
February 15, 2022
in State Government
Reading Time: 3 mins read
Iowa House Considers Bill Seeking to Reduce Regulatory Burden for Iowans

State Rep. Jon Jacobsen, R-Council Bluffs, represents Iowa House District 22.

(The Center Square) – State Rep. Jon Jacobsen, R-Council Bluffs, is seeking to establish specialty probate courts in Iowa.

RELATED POSTS

Bird joins lawsuit against Biden Administration’s Parole Action

Reynolds signs bill creating education savings accounts

School choice bill advances through legislative committees

Jacobsen, an attorney, vice president and senior trust officer, told The Center Square in a phone interview Tuesday that if the bill, House File 2268, passes, the Iowa Supreme Court would create two more probate courts in the state: one in an eastern county and one in a western county.

Qualified full-time associate probate judges would be dedicated to hearing trust law and probate law cases. That area of law, which most judges don’t have much experience in, has “a steep learning curve,” Jacobsen said.

Iowa would be among the first states in the Midwest to adopt specialty probate courts, he said.

Jacobsen said Iowa’s courts that singularly hear certain types of law have provided quicker, more accurate decisions.

“It brings in judges with a real degree of expertise having worked in these fields for so long who really understand the law both as it’s been codified and in common law to render some really excellent decisions that are best for Iowans,” he said.

Probate trust and estate law is becoming more and more important as the population of older Iowans is reaching record levels, prompting record wealth transfers, he said. Property values are soaring, and elder abuse is common.

Jacobsen said the addition of the two judges is an incremental step that will help address court delays. Some of his constituents, who live relatively close to the border with Nebraska, are running their cases in those courts.

Many people have probate assets in both states, he said. COVID-19 has contributed to court delays, and some families have been waiting three years for their cases to be resolved, he said.

Beneficiaries who receive their money more quickly will be able to contribute more to the economy, generating more tax revenue for the state, he said. In some cases, family settlements help businesses stay together and allow employees to keep jobs, he said.

ADVERTISEMENT

“If you have fights between family members in these cases, a lot of times the businesses die because you have continuity provisions in these trusts and estates for how businesses are supposed to survive,” he said.

He said the state would need to hire two probate judges, whose salaries would mirror those of associate and district courts, but it would save millions of dollars through reducing judges’ misinterpretations of trust probate in the state of Iowa law that have been overturned at higher courts.

“I think we would recapture [the judges’ salaries] on a per annum basis with just five judgments that are done right at the district level that don’t have to be repealed,” he said.

The Iowa State Bar Association would vet judicial nominees and the governor would appoint judges, he said.

Jacobsen, the co-founder of the bipartisan Law Caucus, said the caucus will support the bill and success of specialty courts promotes the bill’s success. He anticipates an “almost unanimous vote” if the bill gets to the floor.

A Judiciary subcommittee unanimously advanced the bill Monday. Rep. Steve Holt, R-Denison, Judiciary Committee Chair, told The Center Square in a texted statement Tuesday that he believes the bill will run in committee Wednesday.

Iowa Academy of Trust and Estate Counsel Treasurer and Director Mike Nelson said the group “generally” is in favor of the bill and has desired having specialty probate judges for some time. Most appointed judges do not have a background in probate, estates, guardianship and conservatorship.

“We’ve always been advised by the Supreme Court that it’s a money issue, that they didn’t have the funds to put together a specialty court. … Getting court hearings is not always the easiest thing. Presumably, this would expedite that, which is something we’d all be in favor of,” he said.

Iowa Judicial Branch Communications Director Steve Davis told The Center Square in an emailed statement Tuesday his group remains undecided on the concept.

“Without an appropriation to fund the two associate probate judge positions required to create the new probate courts, two district associate judges currently hearing cases would need to be reassigned,” Davis said. “According to calculations using the workload formulas developed by the National Center for State Courts, the Iowa Judicial Branch is currently short 16 district associate judges based on the state’s caseload. We appreciate the legislature’s FY22 appropriation that enabled us to begin a five-year plan to address the district associate judge deficit. To remove district associate judges from the current docket would further strain Iowa courts’ ability to provide timely services. The subcommittee indicated that an amendment that includes an appropriation will be forthcoming.”

Tags: 2022 Iowa Legislative Session89th General AssemblyIowa Academy of Trust and EstateIowa House Judiciary CommitteeIowa Judicial BranchIowa State Bar AssociationIowa Supreme CourtJon JacobsenMike NelsonProbate CourtSteve DavisSteve Holt
ShareTweetShare
ADVERTISEMENT
Previous Post

Schultz: Modernizing Iowa’s unemployment system

Next Post

Iowa House bill restricting girls’ sports to biological females survives first funnel

Mary Stroka

Mary Stroka

Mary Stoka is a freelance writer, editor, journalist, and public relations professional who lives in Chicago, Ill.

Related Posts

Holt: Education, Free Speech & Justice for All
Opinion

Holt: It’s time to empower parents through school choice

January 12, 2023
Christensen reselected as Chief Justice of Iowa Supreme Court
State Government

Christensen reselected as Chief Justice of Iowa Supreme Court

January 3, 2023
State Government

District Court Judge declines to unblock fetal heartbeat abortion ban

December 12, 2022
Reynolds Appoints Meghan Corbin as District Court Judge
State Government

Reynolds files motion to challenge injunction on Iowa’s fetal heartbeat abortion ban

August 12, 2022
Grassley, Ernst Join Letter Pledging to Block Bills That Undermine Pro-Life Protections
Federal Government

Grassley, Ernst respond to U.S. Senate passage of the ‘Inflation Reduction Act’

August 10, 2022
Reynolds appoints David May to Iowa Supreme Court
State Government

Reynolds appoints David May to Iowa Supreme Court

July 28, 2022
Next Post
Reynolds’ Legislative Agenda Draws Praise from the Right

Iowa House bill restricting girls' sports to biological females survives first funnel

Reynolds Launches New Teacher and Paraeducator Registered Apprenticeship

Reynolds promotes school choice at Catholic school in Des Moines

Sign-Up For Our Daily Updates

Get The Iowa Torch right in your inbox!

Please wait...

Thank you for signing up!

Recommended Articles

Grassley, Ernst Reintroduce Sarah’s Law on Fifth Anniversary of Sarah Root’s Death

Grassley, Ernst Reintroduce Sarah’s Law on Fifth Anniversary of Sarah Root’s Death

January 28, 2021
Miller-Meeks Asks If Feds Are Prepared to Support States, Cities Fight Cyber-Attacks

Miller-Meeks: Aiding our children

July 11, 2022
young man using smartphone and watching tv in living room

Iowa Republicans launch first campaign ads

September 12, 2022

Popular Stories

  • Reynolds signs bill creating education savings accounts

    Reynolds signs bill creating education savings accounts

    0 shares
    Share 0 Tweet 0
  • Miller-Meeks: Improving American healthcare

    0 shares
    Share 0 Tweet 0
  • Local Rap Artist’s Non-Profit Receives Grant to Help At-Risk Youth Graduate

    0 shares
    Share 0 Tweet 0
  • Iowa House Republicans outline priorities with first 13 bills

    0 shares
    Share 0 Tweet 0
  • Iowa Senate Passes Governor’s School Choice Bill

    0 shares
    Share 0 Tweet 0

The Iowa Torch

The Iowa Torch​ is a for-profit, news organization that focuses on political news as it relates to Iowans

Categories

  • Education
  • Federal Government
  • Iowa History
  • Local Government
  • News
  • Opinion
  • Politics
  • State Government
  • Uncategorized
  • Uncategorized

Newsletter

Please wait...

Thank you for signing up!

© 2022 The Iowa Torch, a publication of 4:15 Communications, LLC.

No Result
View All Result
  • Home
  • About Us
  • Advertise
  • Contact Us
  • State Government
  • Federal Government
  • Local Government
  • Politics
  • Education
  • Opinion

© 2022 The Iowa Torch, a publication of 4:15 Communications, LLC.