The Iowa Public Information Board
In re the Matter of: Lee Delva Nelson, Complainant And Concerning: Black Hawk County Clerk of Court, Respondent |
Case Number: 26FC:0038 Dismissal Order
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COMES NOW, Charlotte Miller, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On February 2, 2026, Lee Delva Nelson filed formal complaint 26FC:0038, alleging that the Black Hawk County Clerk of Court (Clerk) violated Iowa Code Chapter 22.
Facts
On April 25, 2025, the complainant, Lee Delva Nelson, alleges that the Waterloo Police Department filed a traffic ticket and a criminal complaint with the Black Hawk County Clerk of Court, both of which were marked closed at the time of filing. Despite this closed status, Nelson alleges that there were hearings conducted afterwards, but no proceedings were recorded in the court record, and Nelson asserts that the Clerk has failed to properly respond to subsequent requests concerning the records.[1] Nelson also cites “discrepancies between what the public docket represents, what records are produced upon request, and what access information an administrative custodian states can or cannot be viewed or disclosed.”
Following the submission of formal complaint 26FC:0038 on February 2, 2026, Nelson supplemented the original complaint with additional allegations that the Clerk failed to properly respond to a new request made on February 4.[2]
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.
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. The Black Hawk County Clerk of Court is an “entity, official, or employee” of the state judicial branch. 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 26FC:0038 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 19, 2026. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director,
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Charlotte J.M. Miller, J.D.
CERTIFICATE OF MAILING
This document was sent on February 12, 2026, to:
Lee Delva Nelson, Complainant
[1] The complaint cites Iowa Code § 22.6 (a repealed section), Iowa Court Rule 16.302(2) (which IPIB has no authority to review), Iowa Admin. Code Chapter 681 (the administrative rules of the Board of Regents).
[2] The supplemental filing included allegations based on Chapter 622 and Chapter 808B, both of which are outside of IPIB’s jurisdiction.