19FC:0023 Shelby See/Second Judicial District - Dismissal Order

Date:
03/21/2019

Subject:
Shelby See/Second Judicial District - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Shelby See filed formal complaint 19FC:0023 on February 27, 2019.  She alleged that the Second Judicial District violated Iowa Code chapter 22 by imposing rules of access and by charging $0.50 per page for copies.

She also complained that certain court files were missing or incorrectly filed.

The IPIB does not have jurisdiction over the judicial branch (Iowa Code section 23.12).  Ms. See was notified of this.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint.  This complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 19FC:0023 is dismissed as beyond the jurisdiction of the IPIB pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on March 21, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________________

Margaret E. Johnson, J.D.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of March 2019, to:

Shelby See