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Judges, county still at odds over courtroom space

A pair of local judges made another pitch for a dedicated juvenile courtroom in the as yet unfinished courthouse to the Marshall County Board of Supervisors and County Buildings and Grounds Director Lucas Baedke during Tuesday morning’s regular meeting, and the two sides ultimately arrived at a familiar stalemate.

Baedke

“We really have done a great job for the constituents of Marshall County here. We tried really hard. We’ve been through, I don’t know, probably 15 different plans on this and changed it three or four different times on the judicial branch’s request,” Baedke said. “This is the culmination of probably 18 months worth of planning, and really, to hear people say that it’s not good enough and it’s not enough is hard. Because honestly, we worked really, really hard on this, and we spent a ton of money on this.”

Miller

District Court Judge Jennifer Miller, who previously served as the Marshall County Attorney for nearly 20 years, and Iowa Court of Appeals Judge Sharon Soorholtz Greer both addressed the board via Zoom on Tuesday. Miller commended the supervisors and Baedke for their efforts in the time since the 2018 tornado and 2020 derecho, but she reiterated the judicial branch’s previous request for five courtrooms, including a juvenile courtroom on the third floor in an area currently set aside for conference space.

Both Miller and Greer argued that the third floor would provide ample space and privacy for the parties involved in juvenile proceedings — which can often include between 10 and 15 people — and keep them separate from the other courtrooms.

“I just would hate for us to miss an opportunity where we can get another court space for that specific purpose,” Miller said. “I know you will listen to our concerns, but I’m hoping we can reconsider using that spot for juvenile court. It’s not a county vs. state issue. It’s really a citizens of Marshall County issue and giving them a spot where they can come, and they can have these very delicate proceedings taken care of in a good courtroom with the appropriate amount of space and privacy.”

Greer

According to Greer, the number of juvenile cases — specifically, those involving termination of parental rights — has skyrocketed in recent years, which has brought about a need for the dedicated space. She also called the matter an economic development issue, arguing that healthy families are crucial to growth and citing an “explosion” in methamphetamine use among families who end up in juvenile court.

“When we talk about having a dedicated juvenile courtroom, we do so with an attitude toward the future in mind,” Greer said. “We’ve looked at what we had before and how we operated. We look at the present and how we’re operating now with five courtrooms…And then I ask you to take a look at what we might be able to do for our Marshall County residents of the future.”

In response, Baedke said he would not tell the judicial branch how to utilize its own space but reiterated his view that the courtroom on the fifth floor was already sufficient to address the aforementioned needs.

“Here it is. It already exists in the building. It’s wonderful. It’s modern. It’s easily upgradable for all of the recording systems and things that the judicial branch is transitioning into,” Baedke said.

Dedicating a space on the third floor didn’t make sense to Baedke, he said, because the juvenile courts are generally only used two or three days a week, and the current plan would allow for the third floor area to be shared between multiple county departments. Later, Baedke reported that the county had already spent about $350,000 on architectural fees for the project with almost $55,000 likely still to come.

Board Chairman Dave Thompson said the courthouse was the headquarters of all county government functions, and thus, other departments should also be considered in the renovation plans.

“Everybody, without question, from the treasurer to the auditor to the board of supervisors, has lost some space. The court system, to my understanding… has actually gained space in this entire remodeling project when every other department that also serves as a seat of county government has lost space,” he said.

The county’s chief information officer, James Nehring, said the judicial branch will lose about 395 square feet in space in the form of a magistrate office suite but would also gain about 1,200 square feet in shared space.

The board took no official action, and the supervisors indicated they would like to “try out” the current arrangement for at least a year before making any major changes. Thompson said he believes Marshall County will have the “preeminent courthouse in the state of Iowa” when the project is completed.

Earlier in the meeting, the board accepted the resignation of Marshall County Veterans Affairs Commission Chairman Mel Pitzen and appointed Tom Lamb as the new chair of the commission. Julie Miller was also appointed as a new commissioner to serve out the remainder of Pitzen’s term.

During the public comment period, County Auditor/Recorder Nan Benson suggested moving supervisors meetings from the courthouse to the election center (the old fire station at 109 S. First Ave.) at some point in the future as the reconstruction process progresses further.

IN OTHER BUSINESS, the board:

• Approved the consent agenda as listed.

• Reappointed Rich Naughton to the Conservation Board and Mike Sharp to the Zoning Commission, both for five-year terms.

• Approved a lease/management agreement for the Heart of Iowa Nature Trail with the Pickard family.

• Approved a quarterly transfer of $700,000 from the Rural Services Fund to the Secondary Roads Fund.

• Approved a retention plan for the voluntarily submitted employee records on COVID-19 vaccination status.

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Contact Robert Maharry

at 641-753-6611 ext. 255

or rmaharry@timesrepublican.com.

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