Date:
02/20/2025
Subject:
Frank Viola/Iowa Judicial Branch - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Frank Viola, Complainant And Concerning: Iowa Judicial Branch, Respondent |
Case Number: 25FC:0005 Dismissal Order
|
|---|
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On January 10, 2025, Frank Viola filed formal complaint 25FC:0005, alleging the Iowa Judicial Branch and Polk County Clerk of Court violated Iowa Code Chapter 22.
Facts
The complainant, Frank Viola, alleges that the Iowa Judicial Branch does not provide any electronic method for submitting Chapter 22 public records requests on their website (www.iowacourts.gov). According to the complaint, “[t]he website does not appear to provide an online form, an email address, or any other straightforward electronic submission mechanism for public records request.” Viola also alleges that he examined Polk County Clerk of Court resources and attempted to contact the Clerk of Court’s office without success.
Viola asserts this lack of accessible electronic method for submitting records requests “creates barriers to public access” and violates Iowa Code § 22.4(2), which states the rights of persons under Chapter 22 may be exercised “[i]n writing, by telephone, or by electronic means. The lawful custodian of the records shall post information for making such requests in a manner reasonably calculated to apprise the public of that information.”
Applicable Law
“The [Iowa Public Information Board] shall not have jurisdiction over the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or over the governor or the office of the governor.” Iowa Code § 23.12.
Iowa Code § 23.6(4) grants IPIB the authority to “[r]eceive complaints alleging violations of chapter 21 or 22, seek resolution of such complaints through informal assistance, formally investigate such complaints, decide after such an investigation whether there is probable cause to believe a violation of chapter 21 or 22 has occurred, and if probable cause has been found prosecute the respondent before the board in a contested case proceeded conducted according to the provisions of chapter 17A.”
Analysis
Pursuant to Iowa Code § 23.12, the Iowa Public Information Board lacks jurisdiction to review complaints related to the state judicial branch, or “any entity, official, or employee” thereof. Because the case is facially outside IPIB’s jurisdiction, Iowa Code § 23.8(2) requires dismissal without further review.
Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
IPIB lacks jurisdiction to review complaints against the state judicial branch.
IT IS SO ORDERED: Formal complaint 25FC:0005 is dismissed as outside IPIB’s jurisdiction pursuant to Iowa Code § 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 February 20, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
Erika Eckley, J.D.