CLERK OF DISTRICT COURT

Iowa Code tit. XV, ch. 602, art. 8

in effect

Iowa Code § 602.8101 Office of the clerk of the district court.

602.8101. Office of the clerk of the district court. 1. The office of clerk of the district court is an appointive office, as provided in section 602.1215. 2. A person appointed to the office of clerk shall qualify by taking the oath of office as provided in section 63.10 and giving bond as provided in chapter 64. 3. The clerk may employ staff when authorized under section 602.1402 and when authorized by the chief judge of the judicial district. The clerk is responsible for the acts of these employees. The clerk shall designate one or more employees who shall give bond as provided in chapter 64. 83 Acts, ch 186, §9101, 10201; 2004 Acts, ch 1120, §3

Iowa Code § 602.8102 General duties.

602.8102. General duties. The clerk shall: 1. Keep the office of the clerk at the county seat. 2. Attend sessions of the district court. 3. Keep the records, papers, and seal, and record the proceedings of the district court as provided by law under the direction of the chief judge of the judicial district. 4. Upon the death of a judge or magistrate of the district court, give written notice to the department of management and the department of administrative services of the date of death. The clerk shall also give written notice of the death of a justice of the supreme court, a judge of the court of appeals, or a judge or magistrate of the district court who resides in the clerk’s county to the state commissioner of elections, as provided in section 46.12. 5. When money in the amount of five hundred dollars or more is paid to the clerk to be paid to another person and the money is not disbursed within thirty days, notify the person who is entitled to the money or for whose account the money is paid or the attorney of record of the person. The notice shall be given by certified mail within forty days of the receipt of the money to the last known address of the person or the person’s attorney and a memorandum of the notice shall be made in the proper record. If the notice is not given, the clerk and the clerk’s sureties are liable for interest at the rate specified in section 535.2, subsection 1, on the money from the date of receipt to the date that the money is paid to the person entitled to it or the person’s attorney. 6. On each process issued, indicate the date that it is issued, the clerk’s name who issued it, and the seal of the court. 7. Upon return of an original notice to the clerk’s office, enter in the appearance or combination docket information to show which parties have been served the notice and the manner and time of service. 8. When entering a lien or indexing an action affecting real estate in the clerk’s office, enter the year, month, day, hour, and minute when the entry is made. The clerk shall mail a copy of a mechanic’s lien to the owner of the building, land, or improvement which is charged with the lien as provided in section 572.8. 9. Enter in the appearance docket a memorandum of the date of filing of all petitions, demurrers, answers, motions, or papers of any other description in the cause. A pleading of any description is considered filed when the clerk entered the date the pleading was received on the pleading. The memorandum shall be made within two business days of a new petition or order being filed, and as soon as practicable for all other pleadings. Thereafter, when a demurrer or motion is sustained or overruled, a pleading is made or amended, or the trial of the cause, rendition of the verdict, entry of judgment, issuance of execution, or any other act is done in the progress of the cause, a similar memorandum shall be made of the action, including the date of action and the number of the book and page of the record where the entry is made. The appearance docket is an index of each suit from its commencement to its conclusion. 10. When title to real estate is finally established in a person by a judgment or decree of the district court or by decision of an appellate court or when the title to real estate is changed by judgment, decree, will, proceeding, or order in probate, certify the final decree, judgment, or decision under seal of the court to the auditor of the county in which the real estate is located. 11. Refund amounts less than three dollars only upon written application. 12. At the order of a justice of the supreme court, docket without fee any civil or criminal case transferred from a military district under martial law as provided in section 29A.45. 13. Reserved. 14. Maintain a bar admission list as provided in section 46.8. 15. Monthly, notify the county commissioner of registration and the state registrar of voters of persons seventeen years of age and older who have been convicted of a felony during the preceding calendar month or persons who at any time during the preceding calendar month have been legally declared to be a person who is incompetent to vote as that term is defined in section 48A.2. 16. Reserved. 17. Reserved. 18. Reserved. 19. Keep a book of the record of official bonds and record the official bonds of magistrates as provided in section 64.24. 20. Carry out duties relating to proceedings for the removal of a public officer as provided in sections 66.4 and 66.17. 21. Reserved. 22. Reserved. 23. Carry out duties relating to enforcing orders of the employment appeal board as provided in section 88.9, subsection 2. 24. Certify the imposition of a mulct tax against property creating a public nuisance to the auditor as provided in section 99.28. 25. Carry out duties relating to the judicial review of orders of the elevator safety board as provided in section 89A.10, subsection 2. 26. With sufficient surety, approve an appeal bond for judicial review of an order or action of the department of natural resources relating to dams and spillways as provided in section 464A.8. 27. Docket an appeal from the fence viewer’s decision or order as provided in section 359A.23. 28. Certify to the recorder the fact that a judgment has been rendered upon an appeal of a fence viewer’s order as provided in section 359A.24. 29. Reserved. 30. Approve bond sureties and enter in the lien index the undertakings of bonds for abatement relating to the illegal manufacture, sale, or consumption of alcoholic liquors as provided in sections 123.76, 123.79, and 123.80. 31. Destroy all records and files of a court proceeding maintained under section 135L.3 in accordance with section 135L.3, subsection 3, paragraph “o”. 32. Reserved. 33. Furnish to the department of health and human services a certified copy of a judgment relating to the suspension or revocation of a professional license. 34. Reserved. 35. Send notice of the conviction, judgment, and sentence of a person violating the uniform controlled substances laws to the state board or officer who issued a license or registered the person to practice a profession or to conduct business as provided in section 124.412. 36. Reserved. 37. Reserved. 38. Reserved. 39. Refer persons applying for voluntary admission to a community mental health center accredited by the department of health and human services under section 225A.3, for a preliminary diagnostic evaluation. 40. Reserved. 41. Carry out duties relating to the involuntary commitment of persons with mental impairments as provided in chapter 229. 42. Serve as clerk of the juvenile court and carry out duties as provided in chapters 232 and 232D and article 7 of this chapter. 43. Submit to the director of health and human services a duplicate of the findings of the court related to adoptions as provided in section 235.3, subsection 7. 44. Reserved. 45. Reserved. 46. Carry out duties relating to reprieves, pardons, commutations, remission of fines and forfeitures, and restoration of citizenship as provided in sections 914.5 and 914.6. 47. Record support payments made pursuant to an order entered under chapter 252A, 252F, 598, or 600B, or under a comparable statute of another state or foreign country as defined in chapter 252K, and through setoff of a state or federal income tax refund or rebate, as if the payments were received and disbursed by the clerk; forward support payments received under section 252A.6 to the department of health and human services and furnish copies of orders and decrees awarding support to parties receiving public assistance as provided in section 252A.13. 47A. Accept a check, share draft, draft, or written order on a bank, savings and loan association, credit union, corporation, or person as payment of a support obligation which is payable to the clerk, in accordance with procedures established by the clerk to assure that such negotiable instruments will not be dishonored. The friend of court may perform the clerk’s responsibilities under this subsection. 47B. Perform the duties relating to establishment and operation of a state case registry pursuant to section 252B.24. 47C. Perform duties relating to implementation and operation of requirements for the collection services center pursuant to section 252B.13A, subsection 2. 48. Reserved. 49. Enter a judgment based on the transcript of an appeal to the state board of education against the party liable for payment of costs as provided in section 290.4. 50. Certify the final order of the district court upon appeal of an assessment within a secondary road assessment district to the auditor as provided in section 311.24. 50A. Assist the state department of transportation in suspending, pursuant to section 321.210A, the driver’s licenses of persons who fail to timely pay criminal fines or penalties, surcharges, or court costs related to the violation of a law regulating the operation of a motor vehicle. 51. Forward to the state department of transportation a copy of the record of each conviction or forfeiture of bail of a person charged with the violation of the laws regulating the operation of vehicles on public roads as provided in sections 321J.2 and 321.491. 52. Reserved. 53. If a person fails to satisfy a judgment relating to motor vehicle financial responsibility within sixty days, forward to the director of transportation a certified copy of the judgment as provided in section 321A.12. 54. Approve a bond of a surety company or a bond with at least two individual sureties owning real estate in this state as proof of financial responsibility as provided in section 321A.24. 55. Carry out duties under the Iowa motor vehicle dealers licensing Act as provided in sections 322.10 and 322.24. 56. Carry out duties relating to the enforcement of motor fuel tax laws as provided in sections 452A.66 and 452A.67. 57. Reserved. 58. Upon order of the director of revenue, issue a commission for the taking of depositions as provided in section 421.17, subsection 8. 58A. Assist the department of revenue in setting off against debtors’ income tax refunds or rebates under section 421.65, debts which are due, owing, and payable to the clerk of the district court as criminal fines, civil penalties, surcharges, or court costs. 59. Reserved. 60. With acceptable sureties, approve the bond of a petitioner for a tax appeal as provided in section 422.29, subsection 2. 61. Certify the final decision of the district court in an appeal of the tax assessments as provided in section 441.37B or 441.38. Costs of the appeal to be assessed against the board of review or a taxing district shall be certified to the treasurer as provided in section 441.40. 62. Certify a final order of the district court relating to the apportionment of tax receipts to the auditor as provided in section 449.7. 63. Carry out duties relating to the inheritance tax as provided in chapter 450 for deaths occurring before January 1, 2025. 64. Deposit funds held by the clerk in an approved depository as provided in section 12C.1. 65. Carry out duties relating to appeals and certification of costs relating to levee and drainage districts as provided in sections 468.86 through 468.95. 66. Carry out duties relating to the condemnation of land as provided in chapter 6B. 67. Forward civil penalties collected for violations relating to the siting of electric power generators to the treasurer of state as provided in section 476A.14, subsection 1. 68. Certify a copy of a decree of dissolution of a business corporation to the secretary of state as provided in section 490.1433. 69. With acceptable sureties, approve the bond of a petitioner filing an appeal for review of an order of the commissioner of insurance as provided in section 507A.7. 70. Certify a copy of a decree of dissolution of a nonprofit corporation to the secretary of state and the recorder in the county in which the corporation is located as provided in section 504.1434. 71. Carry out duties relating to the enforcement of decrees and orders of reciprocal states under the Iowa unauthorized insurers Act as provided in section 507A.11. 72. Reserved. 73. Certify copies of a decree dissolving a credit union as provided in section 533.503, subsection 5. 74. Refuse to accept the filing of papers to institute legal action under the Iowa consumer credit code, chapter 537, if proper venue is not adhered to as provided in section 537.5113. 75. Receive payment of money due to a person who is absent from the state if the address or location of the person is unknown as provided in section 538.5. 76. Carry out duties relating to the appointment of the department of agriculture and land stewardship as receiver for agricultural commodities on behalf of a warehouse operator whose license is suspended or revoked as provided in section 203C.3. 77. Reserved. 78. Certify an acknowledgment of a written instrument relating to real estate as provided in section 9B.10 or 558.20. 79. Reserved. 80. With acceptable sureties, endorse a bond sufficient to settle a dispute between adjoining owners of a common wall as provided in section 563.11. 81. Carry out duties relating to cemeteries as provided in section 523I.602. 82. Carry out duties relating to liens as provided in chapters 249A, 574, 580, 582, and 584. 83. Reserved. 84. Carry out duties relating to the dissolution of a marriage as provided in chapter 598. 85. Carry out duties relating to the custody of children as provided in chapter 598B. 86. Carry out duties relating to adoptions as provided in chapter 600. 87. Enter upon the clerk’s records actions taken by the court at a location which is not the county seat as provided in section 602.6106. 88. Maintain a record of the name, address, and term of office of each member of the county magistrate appointing commission as provided in section 602.6501. 89. Certify to the state court administrator the names and addresses of the magistrates appointed by the county magistrate appointing commission as provided in section 602.6403. 90. Furnish an individual or centralized docket for the magistrates of the county as provided in section 602.6604. 91. Reserved. 92. Carry out duties relating to the identification and service of jurors as provided in chapter 607A. 93. Carry out duties relating to the revocation or suspension of an attorney’s authority to practice law as provided in article 10 of this chapter. 94. File and index petitions and municipal infraction citations affecting real estate as provided in sections 617.10 through 617.15. 95. Designate the newspapers in which the notices pertaining to the clerk’s office shall be published as provided in section 618.7. 96. With acceptable surety, approve a bond of the plaintiff in an action for the payment of costs which may be adjudged against the plaintiff as provided in section 621.1. 97. Issue subpoenas for witnesses as provided in section 622.63. 98. Carry out duties relating to trials and judgments as provided in sections 624.8 through 624.20 and 624.37. 99. Collect jury fees and court reporter fees as required by chapter 625. 100. Reserved. 101. Carry out duties relating to executions as provided in chapter 626. 102. Carry out duties relating to the redemption of property as provided in sections 628.13, 628.18, and 628.20. 103. Record statements of expenditures made by the holder of a sheriff’s sale certificate in the encumbrance book and lien index as provided in section 629.3. 104. Carry out duties relating to small claim actions as provided in chapter 631. 105. Carry out duties of the clerk of the probate court as provided in chapter 633. 105A. Provide written notice to all duly appointed guardians and conservators of their liability as provided in sections 633.633A and 633.633B. 105B. Facilitate the collection of court debt pursuant to section 602.8107. 105C. Apply payments made to a civil claim for reimbursement judgment under section 356.7 to court debt, as defined in section 602.8107, in the priority order set out in section 602.8107, subsection 2, if the debtor has delinquent court debt. 106. Carry out duties relating to the administration of small estates as provided in chapter 635. 107. Carry out duties relating to the attachment of property as provided in chapter 639. 108. Carry out duties relating to garnishment as provided in chapter 642. 109. With acceptable surety, approve bonds of the plaintiff desiring immediate delivery of the property in an action of replevin as provided in sections 643.7 and 643.12. 110. Carry out duties relating to the disposition of lost property as provided in chapter 556F. 111. Carry out duties relating to the recovery of real property as provided in section 646.23. 112. Endorse the court’s approval of a restored record as provided in section 647.3. 113. Reserved. 114. Carry out duties relating to the issuance of a writ of habeas corpus as provided in sections 663.9, 663.43, and 663.44. 115. Accept and docket an application for postconviction review of a conviction as provided in section 822.3. 116. Report all fines, forfeited recognizances, penalties, and forfeitures as provided in section 602.8106, subsection 4, and section 666.6. 117. Issue a warrant for the seizure of a boat or raft as provided in section 667.2. 118. Carry out duties relating to the changing of a person’s name as provided in chapter 674. 119. Notify the state registrar of vital statistics of a judgment determining the paternity of a child as provided in section 600B.36. 120. Enter a judgment made by confession and issue an execution of the judgment as provided in section 676.4. 121. With acceptable surety, approve the bond of a receiver as provided in section 680.3. 122. Carry out duties relating to the assignment of property for the benefit of creditors as provided in chapter 681. 123. Carry out duties relating to the certification of surety companies and the investment of trust funds as provided in chapter 636. 124. Maintain a separate docket for petitions requesting that the record and evidence in a judicial review proceeding be closed as provided in section 692.5. 125. Furnish a disposition of each criminal complaint or information or juvenile delinquency petition, alleging a delinquent act which would be a serious or aggravated misdemeanor or felony if committed by an adult, filed in the district or juvenile court to the department of public safety as provided in section 692.15. 125A. Forward information that a person has been disqualified from possessing, shipping, transporting, or receiving a firearm pursuant to section 724.31 to the department of public safety. 126. Carry out duties relating to the issuance of warrants to persons who fail to appear to answer citations as provided in section 805.5. 126A. Upon the failure of a person charged to appear in person or by counsel to defend against the offense charged pursuant to a uniform citation and complaint as provided in section 805.6, enter a conviction and render a judgment in the amount of the appearance bond in satisfaction of the penalty plus court costs. 127. Provide for a traffic and scheduled violations office for the district court and service the locked collection boxes at weigh stations as provided in section 805.7. 128. Issue a summons to corporations to answer an indictment as provided in section 807.5. 129. Carry out duties relating to the disposition of seized property as provided in chapter 809. 130. Docket undertakings of bail as liens on real estate and enter them upon the lien index as provided in section 811.4. 131. Hold the amount of forfeiture and judgment of bail in the clerk’s office for one hundred fifty days as provided in section 811.6. 132. Carry out duties relating to appeals from the district court as provided in chapter 814. 133. Reserved. 134. Notify the director of the Iowa department of corrections of the commitment of a convicted person as provided in section 901.7. 135. Carry out duties relating to deferred judgments, probations, and restitution as provided in sections 907.4 and 907.8, and chapter 910. 135A. Assess the surcharges provided by sections 911.1, 911.2A, 911.2B, and 911.5. 135B. Reserved. 136. Carry out duties relating to the impaneling and proceedings of the grand jury as provided in rule of criminal procedure 2.3, Iowa court rules. 137. Issue subpoenas upon application of the prosecuting attorney and approval of the court as provided in rule of criminal procedure 2.5, Iowa court rules. 138. Issue summons or warrants to defendants as provided in rule of criminal procedure 2.7, Iowa court rules. 139. Carry out duties relating to the change of venue as provided in rule of criminal procedure 2.11, Iowa court rules. 140. Issue blank subpoenas for witnesses at the request of the defendant as provided in rule of criminal procedure 2.15, Iowa court rules. 141. Carry out duties relating to the entry of judgment as provided in rule of criminal procedure 2.23, Iowa court rules. 142. Carry out duties relating to the execution of a judgment as provided in rule of criminal procedure 2.26, Iowa court rules. 143. Carry out duties relating to the trial of simple misdemeanors as provided in rules of criminal procedure 2.51 through 2.75, Iowa court rules. 144. Serve notice of an order of judgment entered as provided in rule of civil procedure 1.442, Iowa court rules. 145. If a party is ordered or permitted to plead further by the court, serve notice to attorneys of record as provided in rule of civil procedure 1.444, Iowa court rules. 146. Maintain a motion calendar as provided in rule of civil procedure 1.431, Iowa court rules. 147. Provide notice of a judgment, order, or decree as provided in rule of civil procedure 1.453, Iowa court rules. 148. Issue subpoenas as provided in rules of civil procedure 1.715 and 1.1701, Iowa court rules. 149. Tax the costs of taking a deposition as provided in rule of civil procedure 1.716, Iowa court rules. 150. With acceptable sureties, approve a bond filed for change of venue under rule of civil procedure 1.801, Iowa court rules. 151. Transfer the papers relating to a case transferred to another court as provided in rule of civil procedure 1.807, Iowa court rules. 152. Reserved. 153. Reserved. 154. Carry out duties relating to the impaneling of jurors as provided in rules of civil procedure 1.915 through 1.918, Iowa court rules. 155. Furnish a referee, auditor, or examiner with a copy of the order of appointment as provided in rule of civil procedure 1.935, Iowa court rules. 156. Mail notice of the filing of the referee’s, auditor’s, or examiner’s report to the attorneys of record as provided in rule of civil procedure 1.942, Iowa court rules. 157. Carry out duties relating to the entry of judgments as provided in rules of civil procedure 1.955, 1.958, 1.960, 1.961, and 1.962 Iowa court rules. 158. Carry out duties relating to defaults and judgments on defaults as provided in rules of civil procedure 1.972, 1.973, and 1.974, Iowa court rules. 159. Notify the attorney of record if exhibits used in a case are to be destroyed as provided in rule of civil procedure 1.1014, Iowa court rules. 160. Docket the request for a hearing on a sale of property as provided in rule of civil procedure 1.1221, Iowa court rules. 161. With acceptable surety, approve the bond of a citizen commencing an action of quo warranto as provided in rule of civil procedure 1.1302, Iowa court rules. 162. Carry out duties relating to the issuance of a writ of certiorari as provided in rules of civil procedure 1.1401 through 1.1412, Iowa court rules. 163. Carry out duties relating to the issuance of an injunction as provided in rules of civil procedure 1.1501 through 1.1511, Iowa court rules. 164. Carry out other duties as provided by law. 83 Acts, ch 96, §159, 160; 83 Acts, ch 186, §9102, 10201; 85 Acts, ch 21, §45, 46; 85 Acts, ch 82, §2; 85 Acts, ch 178, §10, 11; 85 Acts, ch 195, §53; 85 Acts, ch 197, §17 – 19; 85 Acts, ch 201, §3; 86 Acts, ch 1108, §7; 86 Acts, ch 1112, §12; 86 Acts, ch 1140, §2; 86 Acts, ch 1220, §40; 87 Acts, ch 41, §1; 87 Acts, ch 115, §77, 78; 87 Acts, ch 157, §3; 88 Acts, ch 1134, §102 – 104; 88 Acts, ch 1158, §97; 89 Acts, ch 50, §13; 89 Acts, ch 83, §80; 89 Acts, ch 178, §6; 90 Acts, ch 1035, §2; 90 Acts, ch 1081, §3; 90 Acts, ch 1205, §61; 90 Acts, ch 1236, §52; 91 Acts, ch 86, §2; 91 Acts, ch 116, §8; 91 Acts, ch 267, §415; 92 Acts, ch 1163, §111 – 114; 93 Acts, ch 70, §8, 9; 93 Acts, ch 79, §52; 93 Acts, ch 110, §7; 93 Acts, ch 180, §51; 94 Acts, ch 1046, §25; 94 Acts, ch 1124, §1; 94 Acts, ch 1169, §62; 94 Acts, ch 1173, §39; 95 Acts, ch 67, §46; 95 Acts, ch 91, §3; 95 Acts, ch 124, §22, 26; 95 Acts, ch 143, §10; 95 Acts, ch 191, §26; 96 Acts, ch 1129, §103, 113; 97 Acts, ch 23, §75; 97 Acts, ch 126, §45; 97 Acts, ch 173, §16; 98 Acts, ch 1071, §1; 98 Acts, ch 1073, §10; 98 Acts, ch 1115, §16; 98 Acts, ch 1170, §14, 18; 98 Acts, ch 1185, §9; 99 Acts, ch 96, §49; 99 Acts, ch 103, §46; 99 Acts, ch 151, §84, 89; 2000 Acts, ch 1145, §23; 2001 Acts, ch 168, §1; 2002 Acts, ch 1119, §107; 2002 Acts, ch 1134, §112, 115; 2003 Acts, ch 44, §114; 2003 Acts, ch 82, §20; 2003 Acts, ch 145, §272, 286; 2003 Acts, ch 151, §45, 46; 2004 Acts, ch 1049, §189, 191, 192; 2004 Acts, ch 1052, §4; 2004 Acts, ch 1107, §28, 30; 2004 Acts, ch 1119, §2, 3; 2004 Acts, ch 1120, §4; 2005 Acts, ch 3, §102, 115, 118; 2005 Acts, ch 19, §117; 2005 Acts, ch 107, §7, 14; 2005 Acts, ch 128, §70; 2005 Acts, ch 167, §58, 66; 2006 Acts, ch 1129, §8, 9; 2006 Acts, ch 1132, §1, 16; 2006 Acts, ch 1185, §124; 2007 Acts, ch 134, §6, 28; 2007 Acts, ch 174, §97; 2008 Acts, ch 1088, §136; 2008 Acts, ch 1172, §24; 2010 Acts, ch 1050, §5; 2010 Acts, ch 1178, §3, 19; 2012 Acts, ch 1017, §26, 28; 2012 Acts, ch 1019, §137; 2012 Acts, ch 1050, §54, 60; 2012 Acts, ch 1105, §26 – 28; 2012 Acts, ch 1138, §13; 2013 Acts, ch 54, §1; 2013 Acts, ch 130, §33, 35; 2014 Acts, ch 1097, §2; 2015 Acts, ch 29, §114; 2015 Acts, ch 96, §13; 2015 Acts, ch 110, §117; 2017 Acts, ch 110, §63, 64; 2017 Acts, ch 133, §8, 9; 2017 Acts, ch 151, §24, 29; 2019 Acts, ch 56, §35, 44, 45; 2020 Acts, ch 1064, §23, 28; 2020 Acts, ch 1074, §5, 62, 64, 93; 2020 Acts, ch 1118, §73, 74; 2021 Acts, ch 64, §1; 2023 Acts, ch 19, §1267; 2024 Acts, ch 1161, §130, 137; 2025 Acts, ch 101, §20; 2025 Acts, ch 148, §37, 53, 54 2025 amendment to subsection 63 applies retroactively to January 1, 2025, to the estates of decedents dying on or after January 1, 2025; 2025 Acts, ch 148, §54 2024 amendment to subsection 39 effective July 1, 2025; 2024 Acts, ch 1161, §137 Subsection 9 amended Subsection 39 amended Subsection 63 amended

Iowa Code § 602.8102A Notices returned for unknown address — resending.

602.8102A. Notices returned for unknown address — resending. Notwithstanding any other provision of the Code to the contrary, and subject to rules prescribed by the supreme court, if the clerk of the district court sends a mailing or notice to a person or party and the mailing or notice is returned by the postal service to the clerk of the district court as undeliverable, the clerk is not required to send a repeat or subsequent mailing or notice unless the clerk receives an updated mailing address. 2005 Acts, ch 171, §4

Iowa Code § 602.8103 General powers.

602.8103. General powers. The clerk may: 1. Administer oaths and take affirmations as provided in section 63A.1. 2. Reproduce original records of the court by any reasonably permanent legible means including, but not limited to, reproduction by photographing, photostating, microfilming, computer cards, and electronic digital format. The reproduction shall include proper indexing. The reproduced record has the same authenticity as the original record. The supreme court shall adopt rules to provide for continued evaluation of the accessibility of records stored or reproduced in electronic digital format. 3. After the original record is reproduced and after approval of a majority of the judges of the district court by court order, destroy the original records including, but not limited to, dockets, journals, scrapbooks, files, and marriage license applications. The order shall state the specific records which are to be destroyed. An original court file shall not be destroyed until after the contents have been reproduced. As used in this subsection and subsection 4, “destroy” includes the transmission of the original records which are of general historical interest to any recognized historical society or association. 4. Destroy the following original records without prior court order or reproduction except as otherwise provided in this subsection: a. Records including but not limited to journals, scrapbooks, and files, forty years after final disposition of the case. However, judgments, decrees, stipulations, records in criminal proceedings, probate records, and orders of court shall not be destroyed unless they have been reproduced as provided in subsection 2. b. Administrative records, after five years, including but not limited to warrants, subpoenas, clerks’ certificates, statements, praecipes, and depositions. c. Records, dockets, and court files of civil and criminal actions heard in the municipal court which were transferred to the clerk, other than juvenile and adoption proceedings, or heard in justice of the peace proceedings, after a period of twenty years from the date of filing of the actions. d. Original court files on dissolutions of marriage, one year after dismissal by the parties or under rule of civil procedure 1.943, Iowa court rules. e. Small claims files, one year after dismissal with or without prejudice. f. Uniform traffic citations in the magistrate court or traffic and scheduled violations office, one year after final disposition. g. Court reporters’ notes and certified transcripts of those notes in civil cases, ten years after final disposition of the case. For purposes of this section, “final disposition” means one year after dismissal of the case, after judgment or decree without appeal, or after procedendo or dismissal of appeal is filed in cases where appeal is taken. h. Court reporters’ notes and certified transcripts of those notes in criminal cases, ten years after dismissal of all charges, or ten years after the expiration of all sentences imposed or the date probation is granted, whichever later occurs. For purposes of this subsection “sentences imposed” includes all sentencing options pursuant to section 901.5. i. Court files, as provided by rules prescribed by the supreme court, ten years after final disposition in civil cases, or ten years after expiration of all sentences in criminal cases. For purposes of this paragraph, “purging” means the removal and destruction of documents in the court file which have no legal, administrative, or historical value. Purging shall be done without reproduction of the removed documents. For purposes of this paragraph, “civil cases” does not include juvenile, mental health, probate, or adoption proceedings. j. Court reporters’ notes and certified transcripts of those notes in mental health hearings under section 229.12 and substance use disorder hearings under section 125.82, ninety days after the respondent has been discharged from involuntary custody. k. Complaints, trial informations, and uniform citations and complaints relating to parking violations under sections 321.236, 321.239, 321.358, 321.360, and 321.361, one year after final disposition. 5. Invest money which is paid to the clerk to be paid to any other person in any of the following: a. A savings account of a supervised financial organization as defined in section 537.1301, subsection 45, except a credit union operating pursuant to chapter 533. The provisions of chapter 12C relating to the deposit and investment of public funds apply to the deposit and investment of the money except that a supervised financial organization other than a credit union may be designated as a depository and the money shall be available upon demand. The interest earnings shall be paid into the general fund of the state, except as otherwise provided by law. b. An open-end management investment company organized in trust form registered with the federal securities and exchange commission under the federal Investment Company Act of 1940, 15 U.S.C. §80a-1 et seq., and operated in accordance with 17 C.F.R. §270.2a-7, the portfolio of which is limited to obligations of the United States of America or agencies or instrumentalities of the United States of America and to repurchase agreements fully collateralized by obligations of the United States of America or an agency or instrumentality of the United States of America if the investment company takes delivery of the collateral either directly or through an authorized custodian. 6. Establish and maintain a procedure to set off against amounts held by the clerk of the district court and payable to the person any debt which is in the form of a liquidated sum due, owing and payable to the clerk. The procedure shall meet all of the following conditions: a. Before setoff, the clerk shall provide written notice to the debtor of the clerk’s claim to all or a portion of the amount held by the clerk for the debtor and the clerk’s right to recover the amount of the claim through the setoff procedure, the opportunity to request in writing, that a jointly or commonly owned right to payment be divided among owners, and the opportunity to give written notice to the clerk of the district court of the person’s intent to contest the amount of the claim. The debtor must file a notice of intent to contest the claim within fifteen days after the mailing of the notice of claim by the clerk or, if the notice of claim was provided by the clerk at the time the debtor appeared in the clerk’s office to claim payment, within fifteen days of that date. b. Upon the request of the debtor or the owner of a jointly or commonly owned right to payment, the clerk of the district court shall divide the payment. Unless otherwise stated in a judgment or court order, any jointly or commonly owned right to payment is presumed to be owned in equal portions by joint or common owners. c. Upon timely filing of a notice of intent to contest the setoff, the matter shall be set for hearing before a judge or magistrate. The clerk shall notify the debtor in writing of the time and date of the hearing. d. If the claim is not contested or upon final determination of a contested claim authorizing a setoff, the clerk shall set off the debt against any amount the clerk is holding for payment to the debtor and pay any balance of the amount to the debtor. The amount set off shall be applied by the clerk of the district court according to the order of priority set out in section 602.8107, subsection 2. 83 Acts, ch 186, §9103, 10201; 88 Acts, ch 1030, §1, 2; 89 Acts, ch 160, §1; 94 Acts, ch 1070, §1; 96 Acts, ch 1019, §2 – 4; 97 Acts, ch 128, §2; 99 Acts, ch 144, §7; 2002 Acts, ch 1119, §1062007 Acts, ch 71, §2; 2013 Acts, ch 90, §169; 2014 Acts, ch 1092, §193; 2023 Acts, ch 19, §1268

Iowa Code § 602.8103A Transmission of record on appeal.

602.8103A. Transmission of record on appeal. 1. a. The clerk of the district court shall be solely responsible for transmitting the record on appeal to the clerk of the supreme court in civil and criminal proceedings. The clerk of the district court shall only transmit the record to the clerk of the supreme court upon the request of the appellee, appellant, the attorney for the appellee or appellant, or the appellate court. b. The requirements of paragraph “a” shall not be delegated to another party. The appellee, appellant, the attorney for the appellee or appellant, or any agent of the appellee or appellant shall not transmit any part of the appellate record to the clerk of the supreme court. 2. For purposes of this section, the record on appeal consists of the original documents and exhibits filed in district court, transcripts of the proceedings, and a certified copy of the docket and court calendar entries prepared by the clerk of the district court in the case under appeal. Exhibits of unusual size or bulk are not required to be transmitted by the clerk of the district court unless requested by the appellee, appellant, the attorney for the appellee or appellant, or the appellate court. 3. If a request is made pursuant to subsection 1, the clerk of the district court shall transmit any of the remaining record to the clerk of the supreme court within seven days of the filing of the final briefs in the appeal. 2013 Acts, ch 6, §1; 2014 Acts, ch 1092, §132

Iowa Code § 602.8104 Records and books.

602.8104. Records and books. 1. The records of the court consist of the original papers filed in all proceedings. 2. The following books shall be kept by the clerk: a. A record book which contains the entries of the proceedings of the court and which has an index referring to each proceeding in each cause under the names of the parties, both plaintiff and defendant, and under the name of each person named in either party. b. A judgment docket which contains an abstract of the judgments having separate columns for the names of the parties, the date of the judgment, the damages recovered, costs, the date of the issuance and return of executions, the entry of satisfaction, and other memoranda. The docket shall have an index containing the information specified in paragraph “a”. c. A cash journal in which is listed in detail the costs and fees in each action or proceeding under the title of the action or proceeding. The cash journal shall also have an index containing the information specified in paragraph “a”. d. An encumbrance book in which the sheriff shall enter a statement of the levy of each attachment on real estate. e. An appearance docket in which the titles of all actions or special proceedings shall be entered. The actions or proceedings shall be numbered consecutively in the order in which they commence and shall include the full names of the parties, plaintiffs and defendants, as contained in the petition or as subsequently made parties by a pleading, proceeding, or order. The entries provided for in this paragraph and paragraphs “b” and “c” may be combined in one book, the combination docket, which shall also have an index containing the information specified in paragraph “a”. f. A lien book in which an index of all liens in the court is kept. g. A record of official bonds as provided in section 64.24. h. A hospital lien docket as provided in section 582.4. i. A book in which the deposits of funds, money, and securities kept by the clerk are recorded as provided in section 636.37. j. A record book of certificates of deposit, not in the clerk’s name, which are being held by the clerk on behalf of a conservatorship, trust, or estate pursuant to a court order as provided in section 636.37. 83 Acts, ch 186, §9104, 10201; 85 Acts, ch 67, §60; 91 Acts, ch 116, §9, 10; 97 Acts, ch 23, §76; 2004 Acts, ch 1120, §5; 2005 Acts, ch 128, §71; 2009 Acts, ch 21, §9, 10

Iowa Code § 602.8105 Fees for civil cases and other services — collection and disposition.

602.8105. Fees for civil cases and other services — collection and disposition. 1. The clerk of the district court shall collect the following fees: a. Except as otherwise provided in this subsection, for filing and docketing a petition, one hundred ninety-five dollars. In counties having a population of ninety-eight thousand or over, an additional five dollars shall be charged and collected to be known as the journal publication fee and used for the purposes provided for in section 618.13. b. For filing and docketing a petition for dissolution of marriage, which includes the docketing of any dissolution decree, two hundred sixty-five dollars. It is the intent of the general assembly that twenty percent of the funds generated from these fees be appropriated and used for sexual assault and domestic violence centers and eighty percent of the funds generated from these fees be appropriated to the general fund of the state. c. For filing and docketing a petition pursuant to chapter 598 other than a dissolution of marriage petition, one hundred ten dollars. d. For filing and docketing an application for modification of a dissolution decree to which a written stipulation is attached at the time of filing containing the agreement of the parties to the terms of modification, one hundred ten dollars. e. For filing and docketing a petition for adoption pursuant to chapter 600, zero dollars. f. For filing and docketing a small claims action, the amounts specified in section 631.6. g. For an appeal from a judgment in small claims or for filing and docketing a writ of error, one hundred ninety-five dollars. h. For a motion to show cause in a civil case, sixty dollars. i. For filing and docketing a transcript of the judgment in a civil case, sixty dollars. j. For filing a tribal judgment, one hundred ten dollars. k. For a civil claim for reimbursement under section 356.7, zero dollars. 2. The clerk of the district court shall collect the following fees for miscellaneous services: a. For filing and entering any other statutory lien, sixty dollars. b. For a certificate and seal, thirty dollars. However, there shall be no charge for a certificate and seal to an application to procure a pension, bounty, or back pay for a member of the armed services or other person. c. For certifying a change in title of real estate, sixty dollars. d. For filing a praecipe to issue execution under chapter 626, thirty-five dollars. The fee shall be recoverable by the creditor from the debtor against whom the execution is issued. A fee payable by a political subdivision of the state under this paragraph shall be collected by the clerk of the district court as provided in section 602.8109. However, the fee shall be waived and shall not be collected from a political subdivision of the state if a county attorney or county attorney’s designee is collecting a delinquent judgment pursuant to section 602.8107, subsection 4. e. For filing a praecipe to issue execution under chapter 654, sixty dollars. f. For filing a confession of judgment under chapter 676, sixty dollars if the judgment is five thousand dollars or less, and one hundred ten dollars if the judgment exceeds five thousand dollars. g. For filing a lis pendens, sixty dollars. h. For applicable convictions under section 692A.110 on or after June 25, 2020,* a civil penalty of two hundred sixty dollars. i. Other fees provided by law. 3. The clerk of the district court shall pay to the treasurer of state all fees which have come into the clerk’s possession and which are unclaimed pursuant to section 556.8 accompanied by a form prescribed by the treasurer. Claims for payment of the moneys must be filed pursuant to chapter 556. 4. The clerk of the district court shall collect a civil penalty assessed against a retailer pursuant to section 126.23B. Any moneys collected from the civil penalty shall be distributed to the city or county that brought the enforcement action for a violation of section 126.23A. 83 Acts, ch 186, §9105, 10201; 83 Acts, ch 204, §14; 85 Acts, ch 175, §11; 85 Acts, ch 195, §54; 85 Acts, ch 197, §20 – 23; 86 Acts, ch 1011, §1; 86 Acts, ch 1238, §24; 87 Acts, ch 98, §5; 87 Acts, ch 234, §312; 88 Acts, ch 1258, §1; 89 Acts, ch 83, §81; 89 Acts, ch 207, §1; 89 Acts, ch 287, §7; 91 Acts, ch 48, §1; 91 Acts, ch 116, §11 – 13; 91 Acts, ch 218, §21 – 24; 91 Acts, ch 219, §15, 16; 92 Acts, ch 1240, §20; 94 Acts, ch 1074, §5; 95 Acts, ch 91, §4; 95 Acts, ch 124, §23, 26; 2000 Acts, ch 1188, §3; 2002 Acts, ch 1126, §1; 2003 Acts, ch 44, §102; 2004 Acts, ch 1127, §2; 2005 Acts, ch 15, §5, 14; 2005 Acts, ch 171, §5; 2006 Acts, ch 1052, §1; 2006 Acts, ch 1144, §7, 8; 2007 Acts, ch 71, §3; 2007 Acts, ch 196, §8; 2009 Acts, ch 119, §44; 2009 Acts, ch 179, §54 – 60, 72; 2010 Acts, ch 1159, §9; 2011 Acts, ch 34, §135; 2013 Acts, ch 90, §170; 2020 Acts, ch 1074, §28, 63, 64, 93; 2021 Acts, ch 145, §2, 11, 12 *2021 amendment to subsection 2, paragraph h applies retroactively to July 15, 2020; 2021 Acts, ch 145, §12

Iowa Code § 602.8106 Collection of fees in criminal cases and disposition of fees and fines.

602.8106. Collection of fees in criminal cases and disposition of fees and fines. 1. The clerk of the district court shall collect the following fees: a. Except as otherwise provided in paragraphs “b” and “c”, for filing and docketing a criminal case to be paid by the county or city which has the duty to prosecute the criminal action, payable as provided in section 602.8109, one hundred dollars. When judgment is rendered against the defendant, costs collected from the defendant shall be paid to the county or city which has the duty to prosecute the criminal action to the extent necessary for reimbursement for fees paid. However, the fees which are payable by the county to the clerk of the district court for services rendered in criminal actions prosecuted under state law and the court costs taxed in connection with the trial of those actions or appeals from the judgments in those actions are waived. b. For filing and docketing of a complaint or information for a simple misdemeanor and a complaint or information for a nonscheduled simple misdemeanor under chapter 321, sixty dollars. c. For filing and docketing a complaint or information or uniform citation and complaint for parking violations under sections 321.236, 321.239, 321.358, 321.360, and 321.361, eight dollars, effective January 1, 2004. The court costs in cases of parking meter and overtime parking violations which are contested, and charged and collected pursuant to section 321.236, subsection 1, or pursuant to a uniform citation and complaint, are eight dollars per information or complaint or per uniform citation and complaint effective January 1, 1991. d. For court costs in scheduled violation cases where a court appearance is required, fifty-five dollars. e. For court costs in scheduled violation cases where a court appearance is not required, fifty-five dollars. f. For an appeal of a simple misdemeanor to the district court, seventy-five dollars. g. For a motion to show cause in a criminal case, the fee shall be the same amount as the fee for filing and docketing a complaint, information, or citation for the underlying criminal case from which the motion arises. h. For a probation revocation, the fee shall be the same amount as the fee for filing and docketing a complaint, information, or citation for the underlying case from which the revocation arises. 2. The clerk of the district court shall remit eighty percent of all fines and forfeited bail to the city that was the plaintiff in any action, and shall provide that city with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed. The remaining twenty percent shall be submitted to the state court administrator. 3. The clerk of the district court shall remit all fines and forfeited bail for violation of a county ordinance to the county treasurer of the county that was the plaintiff in the action, and shall provide that county with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed, except all fines and forfeited bail for violation of a county ordinance relating to vehicle speed or weight restrictions shall be distributed pursuant to subsection 4, paragraph “b”. If a county ordinance provides a penalty for a violation which is also penalized under state law, the fines and forfeited bail collected for the violation shall be distributed pursuant to subsection 4, paragraph “b”. 4. a. Except as provided in paragraph “b”, the clerk of the district court shall submit all other fines, fees, costs, and forfeited bail received from a magistrate to the state court administrator. b. The fine amount for a violation that occurred within the boundaries of the county shall be distributed as follows: (1) Ninety-one percent to the state court administrator. (2) Nine percent to the county treasurer for deposit in the county general fund where the violation occurred. 83 Acts, ch 186, §9106, 10201, 10204; 83 Acts, ch 204, §15, 16; 85 Acts, ch 195, §55, 56; 85 Acts, ch 197, §24, 25; 89 Acts, ch 293, §17; 90 Acts, ch 1170, §4; 91 Acts, ch 116, §14; 91 Acts, ch 218, §25; 91 Acts, ch 219, §17; 92 Acts, 2nd Ex, ch 1001, §50293 Acts, ch 47, §18; 94 Acts, ch 1074, §6; 95 Acts, ch 143, §11; 2003 Acts, ch 151, §47; 2004 Acts, ch 1120, §6; 2005 Acts, ch 165, §4; 2006 Acts, ch 1166, §5; 2007 Acts, ch 180, §2; 2009 Acts, ch 21, §11; 2009 Acts, ch 179, §61, 72; 2010 Acts, ch 1061, §75; 2020 Acts, ch 1074, §6, 7, 29, 93

Iowa Code § 602.8107 Collection of court debt.

602.8107. Collection of court debt. 1. Definitions. As used in this section unless the context otherwise requires: a. “Court debt” means all restitution as defined in section 910.1, fees, forfeited bail, and other debt paid to or collected by the clerk of the district court. b. (1) “Installment agreement” means an agreement made for the payment of court debt in excess of one hundred dollars in installments. (2) The judicial branch may establish a threshold amount that is lower than the threshold amount specified in subparagraph (1) by court rule. c. “Installment payment” means the partial payment of court debt which is divided into portions that are made payable at different times. 2. Clerk of the district court collection. Court debt shall be owed and payable to the clerk of the district court. All amounts collected shall be distributed pursuant to sections 602.8106 and 602.8108 or as otherwise provided by this Code. The clerk may accept payment of an obligation or a portion thereof by credit card. Any fees charged to the clerk with respect to payment by credit card may be paid from receipts collected by credit card. a. If the clerk receives payment from a person who is an inmate at a correctional institution or who is under the supervision of a judicial district department of correctional services, the payment shall be applied to the balance owed under the identified case number of the case which has resulted in the placement of the person at a correctional institution or under the supervision of the judicial district department of correctional services. b. (1) Except as provided in subparagraph (2), if a case number is not identified, the clerk shall apply the payment to the balance owed in the criminal case with the oldest judgment against the person. (2) The clerk shall apply payments to pecuniary damages in other criminal cases when no case number is identified in priority order from the oldest judgment to the most recent judgment before applying payments to any other court debt. c. Payments received under this section shall be applied in the following priority order: (1) Pecuniary damages as defined in section 910.1, subsection 6. (2) Fines or penalties and the crime services surcharge. (3) Crime victim compensation program reimbursement. (4) Court costs, court-appointed attorney fees, or public defender expenses. d. The court debt is deemed delinquent if it is not paid within thirty days after the date it is assessed. An amount which was ordered by the court to be paid on a date fixed in the future pursuant to section 909.3 is deemed delinquent if it is not received by the clerk within thirty days after the fixed future date set out in the court order. If an amount was ordered to be paid by installments, and an installment is not received within thirty days after the date it is due, the entire amount of the court debt is deemed delinquent. 3. Collection by department of revenue. a. Thirty days after court debt has been assessed and full payment has not been received, or if an installment payment is not received within thirty days after the date it is due, the judicial branch shall assign a case to the department of revenue, unless the case has been assigned to the county attorney under paragraph “d”. b. The department of revenue shall receive fifteen percent of each court debt payment collected on cases assigned to the department of revenue for collection to reflect the cost of processing and the remaining eighty-five percent of such court debt collected shall be paid to the clerk of the district court for distribution under section 602.8108. The department of revenue collection fee shall not include the amount of court debt collected for restitution involving pecuniary damages, the victim compensation fund, the crime services surcharge, the domestic and sexual abuse crimes surcharge, the agricultural theft surcharge, the sex offender civil penalty, or interpreter or translator fees. c. The centralized debt collection facilities of the department of revenue established pursuant to section 421.17, subsection 27, shall collect court debt assigned to the department of revenue pursuant to this section. d. Thirty days after court debt has been assessed and full payment has not been received, or if an installment payment is not received within thirty days after the date it is due, and if a county attorney has filed with the clerk of the district court a notice of full commitment to collect delinquent court debt pursuant to subsection 4, the case shall be assigned to the county attorney as provided in subsection 4. The judicial branch shall assign cases with delinquent court debt to a county attorney in the same format and with the same frequency as cases with delinquent court debt are assigned to the department of revenue under paragraph “a”, and a county attorney shall not be required to file an individual notice of full commitment to collect delinquent court debt for each assigned case. If the county attorney or the county attorney’s designee, while collecting delinquent court debt pursuant to subsection 4, determines that a person owes additional court debt for which a case has not been assigned by the judicial branch, the county attorney or the county attorney’s designee shall notify the clerk of the district court of the appropriate case numbers and the judicial branch shall assign these cases to the county attorney for collection if the additional court debt is delinquent. 4. County attorney collection. The county attorney or the county attorney’s designee may collect court debt after the court debt is deemed delinquent pursuant to subsection 2. In order to receive a percentage of the amounts collected pursuant to this subsection, the county attorney must first file with the clerk of the district court on or before July 1 of the first year the county attorney collects court debt under this subsection, a notice of full commitment to collect delinquent court debt, and a memorandum of understanding with the state court administrator for all cases assigned to the county for collection by the court. The notice shall contain a list of procedures which will be initiated by the county attorney. For a county attorney filing a notice of full commitment for the first time, the cases involving delinquent court debt previously assigned to the department of revenue shall remain assigned to the department of revenue. Cases involving delinquent court debt assigned to the county attorney after the filing of a notice of full commitment by the county attorney shall remain assigned to the county attorney. A county attorney who chooses to discontinue collection of delinquent court debt shall file with the clerk of the district court on or before May 15 a notice of the intent to cease collection of delinquent court debt at the start of the next fiscal year. If a county attorney ceases collection efforts, or if the state court administrator deems that a county attorney collections program has become ineligible to collect as specified in paragraph “f”, all cases involving delinquent court debt assigned to the county attorney shall be transferred on July 1 to the department of revenue for collection, except that debt associated with any existing installment agreement shall remain assigned to the county for collection unless an installment payment becomes delinquent, after which the delinquent debt associated with the installment agreement shall be transferred promptly to the department of revenue for collection. a. This subsection does not apply to amounts collected for restitution involving pecuniary damages, the victim compensation fund, the crime services surcharge, the domestic and sexual abuse crimes surcharge, the agricultural theft surcharge, the sex offender civil penalty, interpreter or translator fees, or under section 421.65. b. Amounts collected by the county attorney or the county attorney’s designee shall be distributed in accordance with paragraphs “c” and “d”. c. (1) Twenty-eight percent of the amounts collected by the county attorney or the person procured or designated by the county attorney shall be deposited in the general fund of the county if the county attorney has filed the notice required by this subsection, unless the county attorney has discontinued collection efforts on a particular delinquent amount. (2) The remaining seventy-two percent shall be paid to the clerk of the district court each fiscal year for distribution under section 602.8108. However, if such amount, when added to the amount deposited into the general fund of the county pursuant to subparagraph (1), exceeds the following applicable threshold amount, the excess shall be distributed as provided in paragraph “d”: (a) For a county with a population greater than one hundred fifty thousand, an amount up to one million dollars. (b) For a county with a population greater than one hundred thousand but not more than one hundred fifty thousand, an amount up to six hundred thousand dollars. (c) For a county with a population greater than fifty thousand but not more than one hundred thousand, an amount up to three hundred thousand dollars. (d) For a county with a population greater than twenty-six thousand but not more than fifty thousand, an amount up to one hundred thousand dollars. (e) For a county with a population greater than fifteen thousand but not more than twenty-six thousand, an amount up to fifty thousand dollars. (f) For a county with a population equal to or less than fifteen thousand, an amount up to twenty-five thousand dollars. d. After the total collected by a county attorney exceeds the threshold amount set in paragraph “c”, and for the remainder of the fiscal year, five percent of the additional moneys collected shall be deposited with the office of the county attorney that collected the moneys; twenty-eight percent of the additional moneys collected shall be deposited in the general fund of the county where the moneys were collected; and the remaining sixty-seven percent of the additional moneys shall be paid to the clerk of the district court for distribution under section 602.8108 or the state court administrator may distribute the remainder under section 602.8108 if the additional moneys have already been received by the state court administrator. e. (1) A county may enter into an agreement pursuant to chapter 28E with one or more other counties for the purpose of collecting delinquent court debt pursuant to this subsection. (2) When a county enters into a chapter 28E agreement with another county or counties to collect delinquent court debt, the county or the county debt collection designee must collect an amount of delinquent court debt that originated in the county and that is equal to the applicable threshold amount under paragraph “c” in order for the county to qualify for distribution of moneys collected by county attorneys under paragraph “d”. f. Beginning July 1, 2017, within two years of beginning to collect delinquent court debt, a county attorney shall be required to collect one hundred percent of the applicable threshold amount specified in paragraph “c”. If a county attorney collects more than eighty percent but less than one hundred percent of the applicable threshold amount, the state court administrator shall provide notice to the county attorney specifying that in order to remain eligible to participate in the county attorney collection program, the county attorney must collect at least one hundred twenty-five percent of the applicable threshold amount by the end of the next fiscal year. If a county attorney who has been given such a notice fails to collect one hundred twenty-five percent of the applicable threshold amount, the state court administrator shall provide notice to the county attorney that the county is ineligible to participate in the county attorney collection program for the next two fiscal years and all existing and future court cases with delinquent court debt shall be assigned to the department of revenue. The provisions of this paragraph apply to all counties, including those counties where delinquent court debt is collected pursuant to a chapter 28E agreement with one or more counties. 5. Uncollectible debt. a. Court debt that has been assigned to the department of revenue for collection pursuant to subsection 3 may be charged off from active collection by the director of the department of revenue if either of the following conditions exist: (1) The person owing the court debt is deceased and there are no assets in the person’s estate or there are no assets available for the payment of court debt under section 633.425. (2) The person owing the court debt cannot be located after diligent inquiry and the director of the department of revenue determines the department will not be able to locate the person. b. Court debt for any of the following shall not be charged off until sixty-five years from the date of imposition: (1) Pecuniary damages. (2) Victim compensation. (3) A criminal penalty surcharge. (4) A sex offender civil penalty. (5) A drug abuse resistance education surcharge. (6) A law enforcement initiative surcharge. (7) A county enforcement surcharge. (8) Fees charged pursuant to section 356.7. (9) A crime services surcharge. (10) A domestic and sexual abuse crimes surcharge. (11) An agricultural theft surcharge. c. Debt that is charged off shall remain due and owing, but the judicial branch shall close the corresponding case file for the purposes of collection pursuant to this section. 6. Reports. The judicial branch shall prepare a report aging the court debt. In addition, the report shall include the amounts written off pursuant to subsection 5. The judicial branch shall provide the report to the co-chairpersons and ranking members of the joint appropriations subcommittee on the justice system, the legislative services agency, and the department of management by December 15 of each year. 93 Acts, ch 110, §8; 94 Acts, ch 1023, §118; 94 Acts, ch 1142, §2, 3; 95 Acts, ch 169, §6 – 8, 10; 96 Acts, ch 1219, §72; 97 Acts, ch 128, §3; 98 Acts, ch 1047, §60; 98 Acts, ch 1116, §2; 2001 Acts, ch 168, §2; 2002 Acts, ch 1119, §96; 2003 Acts, ch 145, §273, 286; 2004 Acts, ch 1101, §84; 2004 Acts, ch 1119, §4; 2004 Acts, ch 1175, §199, 200; 2007 Acts, ch 196, §9 – 11; 2008 Acts, ch 1172, §25; 2009 Acts, ch 41, §263; 2009 Acts, ch 119, §45; 2010 Acts, ch 1146, §16 – 21; 2012 Acts, ch 1063, §4; 2013 Acts, ch 90, §171; 2015 Acts, ch 138, §92 – 96, 161, 162; 2016 Acts, ch 1119, §5, 6, 8; 2020 Acts, ch 1064, §24, 28; 2020 Acts, ch 1074, §8 – 10, 65 – 67, 83, 87 – 93; 2020 Acts, ch 1118, §73, 74; 2021 Acts, ch 145, §3 – 6, 11; 2021 Acts, ch 174, §26, 35; 2025 Acts, ch 158, §9, 10 Surcharges, see chapter 911 Victim compensation fund, see §915.94 Subsection 3, paragraph b amended Subsection 4, paragraph a amended

Iowa Code § 602.8108 Distribution of court revenue — court technology and modernization fund.

602.8108. Distribution of court revenue — court technology and modernization fund. 1. The clerk of the district court shall establish an account and deposit in this account all revenue and other receipts. Not later than the fifteenth day of each month, the clerk shall distribute all revenues received during the preceding calendar month. Each distribution shall be accompanied by a statement disclosing the total amount of revenue received during the accounting period and any adjustments of gross revenue figures that are necessary to reflect changes in the balance of the account, including but not limited to reductions resulting from the dishonor of checks previously accepted by the clerk. 2. Except as otherwise provided, the clerk of the district court shall report and submit to the state court administrator, not later than the fifteenth day of each month, the fines and fees received during the preceding calendar month. Except as otherwise provided in this section, the state court administrator shall deposit the amounts received with the treasurer of state for deposit in the general fund of the state. The state court administrator shall report to the legislative services agency within thirty days of the beginning of each fiscal quarter the amount received during the previous quarter in the account established under this section. 3. The clerk of the district court shall remit to the state court administrator, not later than the fifteenth day of each month, all moneys collected from the surcharge provided in section 911.1 during the preceding calendar month. The state court administrator shall allocate and deposit each month forty-six percent in the juvenile detention home fund in section 232.142, thirty-two percent in the victim compensation fund established in section 915.94, twenty percent in the criminalistics laboratory fund established in section 691.9, and two percent in the drug abuse resistance education fund established in section 80E.4. 4. The clerk of the district court shall remit to the state court administrator, not later than the fifteenth day of each month, ninety-one percent of all moneys collected from county enforcement as provided in section 602.8106, subsection 4, paragraph “b”, subparagraph (1), during the preceding calendar month. Of the amount received from the clerk, the state court administrator shall allocate and deposit one and three-tenths percent in the emergency medical services fund in section 135.25, and shall allocate and deposit the remainder in the general fund of the state. 5. The clerk of the district court shall remit all moneys collected from the assessment of the human trafficking victim surcharge provided in section 911.2A to the state court administrator no later than the fifteenth day of each month for deposit in the human trafficking victim fund created in section 915.95. 6. The clerk of the district court shall remit all moneys collected from the assessment of the surcharge provided in section 911.2B to the state court administrator for deposit in the address confidentiality program revolving fund created in section 9.8. 7. a. A court technology and modernization fund is established as a separate fund in the state treasury. The state court administrator shall allocate seven million dollars of the moneys received under subsection 2 to be deposited in the fund, which shall be administered by the judicial branch. b. The moneys in the fund shall be used to enhance the ability of the judicial branch to process cases more quickly and efficiently, to electronically transmit information to state government, local governments, law enforcement agencies, and the public, and to improve public access to the court system. The moneys in the fund may also be used for any of the following: (1) The Iowa court information system. (2) Records management, equipment, services, and projects. (3) Other technological improvements approved by the judicial branch. (4) Electronic legal research equipment, systems, and projects. (5) The study, development, and implementation of other innovations and projects that would improve the administration of justice. (6) Capital improvements necessitated by the installation of or connection with the Iowa court information system, the Iowa communications network, or other like networks. c. The fund shall be separate from the general fund of the state and the balance in the fund shall not be considered part of the balance of the general fund of the state. Notwithstanding section 8.33, moneys in the fund shall not revert to the general fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the court technology and modernization fund shall remain in the court technology and modernization fund and any interest and earnings shall be in addition to the maximum annual deposit amount. 8. The state court administrator shall allocate all of the fines and fees attributable to commercial vehicle violation citations issued by personnel of the department of public safety to the treasurer of state for deposit in the road use tax fund. 9. The state court administrator shall allocate fifty percent of all of the fines attributable to littering citations issued pursuant to sections 321.369, 321.370, and 461A.43 to the treasurer of state for deposit in the general fund of the state and such moneys are appropriated to the state department of transportation for purposes of the cleanup of litter and illegally discarded solid waste. 10. The clerk of the district court shall remit to the treasurer of state, not later than the fifteenth day of each month, all moneys collected from the sex offender civil penalty provided in section 692A.110 during the preceding calendar month. Of the amount received from the clerk, the treasurer of state shall allocate ten percent to be deposited in the court technology and modernization fund established in subsection 7. The treasurer of state shall deposit the remainder into the sex offender registry fund established in section 692A.119. 11. The clerk of the district court shall remit all moneys collected from the agricultural theft surcharge provided in section 911.5 to the state court administrator no later than the fifteenth day of each month for deposit in the general fund of the state, and the amount deposited is appropriated to the department of agriculture and land stewardship to support the Iowa emergency food purchase program fund established in section 190B.201. 83 Acts, ch 186, §9108, 10201; 91 Acts, ch 116, §15; 94 Acts, ch 1074, §7; 96 Acts, ch 1216, §31; 96 Acts, ch 1218, §38, 39, 71; 98 Acts, ch 1047, §61; 98 Acts, ch 1090, §73, 84; 98 Acts, ch 1212, §8; 2000 Acts, ch 1222, §15; 2001 Acts, ch 168, §3; 2001 Acts, ch 182, §10; 2002 Acts, ch 1175, §44; 2003 Acts, ch 35, §45, 49; 2004 Acts, ch 1111, §3; 2004 Acts, ch 1119, §5; 2005 Acts, ch 3, §103; 2005 Acts, ch 143, §1, 2; 2005 Acts, ch 165, §5, 6; 2005 Acts, ch 179, §138; 2006 Acts, ch 1030, §76; 2006 Acts, ch 1087, §2, 3; 2006 Acts, ch 1166, §6 – 8; 2006 Acts, ch 1182, §64; 2007 Acts, ch 215, §65; 2009 Acts, ch 119, §46, 47; 2014 Acts, ch 1097, §3, 4; 2015 Acts, ch 30, §176; 2015 Acts, ch 96, §14; 2016 Acts, ch 1073, §163; 2020 Acts, ch 1074, §11 – 14, 26, 93; 2021 Acts, ch 76, §141; 2023 Acts, ch 85, §22

Iowa Code § 602.8108A Prison infrastructure fund.

602.8108A. Prison infrastructure fund. 1. The Iowa prison infrastructure fund is created and established as a separate and distinct fund in the state treasury. Notwithstanding any other provision of this chapter to the contrary, the first eight million dollars and, beginning July 1, 1997, the first nine million five hundred thousand dollars, of moneys remitted to the treasurer of state from fines, fees, costs, and forfeited bail collected by the clerks of the district court in criminal cases, including those collected for both scheduled and nonscheduled violations, collected in each fiscal year commencing with the fiscal year beginning July 1, 1995, shall be deposited in the fund. Beginning July 1, 2009, the treasurer of state shall certify to the judicial branch the annual amount of funds necessary to be remitted for deposit into the fund for that fiscal year and such moneys shall be remitted to the treasurer of state from fines, fees, costs, and forfeited bail collected by the clerks of the district court in criminal cases, including those collected for both scheduled and nonscheduled violations, for debt payments expected to be paid from the fund. Interest and other income earned by the fund shall be deposited in the fund. However, beginning with the fiscal year beginning July 1, 1998, all fines and fees attributable to commercial vehicle violation citations issued after July 1, 1998, shall be deposited as provided in section 602.8108, subsection 8. The moneys in the fund are appropriated and shall have priority and precedence for the purpose of paying the principal of, premium, if any, and interest on bonds issued by the Iowa finance authority under section 16.177. Any remaining moneys not otherwise appropriated for purposes of paying the principal, premium, and interest on the bonds issued by the Iowa finance authority pursuant to section 16.177 shall be available and appropriated to the treasurer of state pursuant to section 12.80. Except as otherwise provided in subsection 2, amounts in the funds shall not be subject to appropriation for any purpose by the general assembly, but shall be used only for the purposes set forth in this section. The treasurer of state shall act as custodian of the fund and disburse amounts contained in it as directed by the department of corrections including the automatic disbursement of funds pursuant to the terms of bond indentures and documents and security provisions to trustees and custodians. The treasurer of state is authorized to invest the funds deposited in the fund subject to any limitations contained in any applicable bond proceedings. Any amounts remaining in the fund at the end of each fiscal year shall be transferred to the general fund of the state. 2. If the treasurer of state determines that bonds cannot be issued pursuant to this section and sections 12.80 and 16.177 or if there are any remaining moneys at the end of a fiscal year after the appropriations are paid pursuant to sections 12.80 and 16.177, the treasurer of state shall deposit the moneys in the prison infrastructure fund into the general fund of the state. 94 Acts, ch 1196, §21; 95 Acts, ch 202, §12; 96 Acts, ch 1216, §32; 98 Acts, ch 1212, §9; 2008 Acts, ch 1179, §57

Iowa Code § 602.8109 Settlement of accounts of cities and counties.

602.8109. Settlement of accounts of cities and counties. 1. A city or a county shall pay court costs and other fees payable to the clerk of the district court for services rendered upon receipt of a statement from the clerk disclosing the amount due. 2. The clerk of the district court shall deliver a statement to the county auditor no later than the fifteenth day of each month disclosing all of the following: a. The specific amounts of statutory fees and costs that are payable by the county to the clerk for services rendered by the clerk or other state officers or employees during the preceding month in connection with each civil or criminal action, and the total of all of these fees and costs. b. Any amounts collected by the clerk of the district court during the preceding month as costs in an action when these amounts are payable by law to the county as reimbursement for costs incurred by the county in connection with a civil or criminal action, and the total of all of these amounts. 3. If the amount owed by the county under subsection 2, paragraph “a” for a calendar month is greater than the amount due to the county under subsection 2, paragraph “b” for that month, the county shall remit the difference to the clerk of the district court no later than the last day of the month in which the statement under subsection 2 is received. 4. If the amount due to the county under subsection 2, paragraph “b” for a calendar month is greater than the amount owed by the county under subsection 2, paragraph “a” for that month, the clerk of the district court shall remit the difference to the county treasurer no later than the last day of the month in which the statement under subsection 2 is delivered. 5. The clerk of the district court shall deliver a statement to the city clerk no later than the fifteenth day of each month disclosing all of the following: a. The specific amounts of statutory fees and costs that are payable by the city to the clerk of the district court for services rendered by the clerk or other state officers or employees during the preceding month in connection with each civil or criminal action, and the total of all such fees and costs. b. Any amounts collected by the clerk of the district court during the preceding month as costs in an action when such amounts are payable by law to the city as reimbursement for costs incurred by the city in connection with a civil or criminal action, and the total of all such amounts. 6. If the amount owed by the city under subsection 5, paragraph “a”, for a calendar month is greater than the amount due to the city under subsection 5, paragraph “b”, for that month, the city shall remit the difference to the clerk of the district court no later than the last day of the month in which the statement under subsection 5 is received. 7. If the amount due the city under subsection 5, paragraph “b”, for a calendar month is greater than the amount owed by the city under subsection 5, paragraph “a”, for that month, the clerk of the district court shall remit the difference to the city clerk no later than the last day of the month in which the statement under subsection 5 is delivered. 8. Amounts not paid as required under subsection 3, 4, 6, or 7 shall bear interest for each day of delinquency at the rate in effect as of the day of delinquency for time deposits of public funds for eighty-nine days, as established under section 12C.6. 83 Acts, ch 186, §9109, 10201; 2007 Acts, ch 196, §12 – 14; 2011 Acts, ch 34, §136

Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=602&year=2026Fetched: 10/20/2026