Bill would ban donations to avoid community service
Comments
- FILED UNDER
- News
- State & Local Government
Iowans convicted of a crime would no longer be able to donate money to a charity instead of doing court-ordered community service, under a bill the Iowa Senate approved Wednesday.
Court officials are pushing for the change, saying such donations violate judicial ethical principles.
"To our knowledge, judges have stopped using this part of the law," David K. Boyd, the state court administrator for the Iowa judicial branch, said in an interview. "We've constantly reminded judges that even though there's a provision on the books, there's a potential ethical problem for them."
Court officials are pushing for the change, saying such donations violate judicial ethical principles.
"To our knowledge, judges have stopped using this part of the law," David K. Boyd, the state court administrator for the Iowa judicial branch, said in an interview. "We've constantly reminded judges that even though there's a provision on the books, there's a potential ethical problem for them."
Boyd said the practice came under scrutiny after The Des Moines Register reported in 2004 about plea bargains in criminal cases that critics said gave the appearance that justice was for sale.
Cass County Attorney James Barry operated a plea bargain system that frequently involved requiring defendants to pay "donations" to the county sheriff's office, the Register found. Barry was later removed from office by a district judge.
A series of articles in the Register also focused on questionable plea deals in Clay, Dickinson and Madison counties.
Cass County Attorney James Barry operated a plea bargain system that frequently involved requiring defendants to pay "donations" to the county sheriff's office, the Register found. Barry was later removed from office by a district judge.
A series of articles in the Register also focused on questionable plea deals in Clay, Dickinson and Madison counties.
Boyd said court officials then began to question the law that lets a judges order a criminal defendant to make donation to a charity rather than do community service.
"You'd have people making a contribution to a local library or some other local charitable organization, and the bottom line is just that it ultimately gives the appearance that justice is for sale," Boyd said.
When legislation was proposed in past years to make the donations illegal, charities that benefited from the money successfully blocked its passage.
"You'd have people making a contribution to a local library or some other local charitable organization, and the bottom line is just that it ultimately gives the appearance that justice is for sale," Boyd said.
When legislation was proposed in past years to make the donations illegal, charities that benefited from the money successfully blocked its passage.
But judges and magistrates on their own stopped allowing it, partly because the courts had no way of tracking whether the contributions were actually made, Boyd said.
The Senate unanimously approved Senate File 121 Wednesday.
"Now you will do your community service like everybody else, regardless if you're rich or not," said Sen. Gene Fraise, D-Fort Madison.
The bill would also eliminate provisions allowing a contribution by a defendant to an anti-crime organization as part of the offender's restitution plan. It now goes to the Iowa House.
The Senate unanimously approved Senate File 121 Wednesday.
"Now you will do your community service like everybody else, regardless if you're rich or not," said Sen. Gene Fraise, D-Fort Madison.
The bill would also eliminate provisions allowing a contribution by a defendant to an anti-crime organization as part of the offender's restitution plan. It now goes to the Iowa House.
