Uniform Power of Attorney forms
members have asked about the availability of new forms necessitated by the
passage this spring of the Iowa Uniform Power of Attorney Act (Senate File
2168). The new act takes effect July 1.
ISBA’s Legal Forms Committee is meeting tomorrow, June 26, and is expected to
approve new forms at that meeting. The new forms will be available on IowaDocs®
by July 1.
43 of the new act (available here) sets forth a power
of attorney form which substantially fulfills the requirements of the new act.
new president Joe Feller
Sibley attorney Joe Feller received
the gavel as the 128th president of The Iowa State Bar Association
during the President’s Awards Banquet Wednesday night, June 18, of the ISBA’s
141st Annual Meeting.
In addition to recognizing his
family and long-time friends attending the event, Joe also outlined his goals
for his presidential year. "Back to basics” will be the overarching theme of
his presidency. "We will rededicate our mission to: 1) serve our members, 2)
support the legal community and justice system, and 3) serve the community at
large,” he told those attending the banquet.
More specifics about his goals as
president can be found in his inaugural speech,
and in this short video.
Memorial services for Senior Judge
Huitink start tomorrow
Memorial services for Senior Judge
Terry Huitink will be held tomorrow, Thursday, June 26, and Friday, June 27, in Spirit Lake
and Ireton. Judge Huitink died last Sunday, June 22, after a bout with cancer.
A memorial service will be held
Thursday at 10 a.m. in Spirit Lake at First Presbyterian Church, 3501 Hill Ave.
Visitation will be from 6-8 p.m. Thursday at the Christian Reformed Church,
301 Maple St., in Ireton. Services will be held Friday at 11 a.m., at the
Christian Reformed Church in Ireton.
Judge Huitink, 62, graduated from
the University of Iowa in 1974 and from Drake University Law School in 1977. He
worked as a private attorney in Ireton and Sioux Center after graduating from
law school, and as a part-time juvenile court referee from 1981-1987. He was
appointed to the district court bench in 1988, and to the Iowa Court of Appeals
in 1994 where he served until retirement in December 2008. After his
retirement, he served as a senior judge for the court of appeals.
In 2002, he was one of four
candidates recommended by Senator Charles Grassley to fill a vacancy on the 8th
U.S. Circuit Court of Appeals.
Judge Huitink’s obituary can be
found on the Porter Funeral Home website here, where
well-wishers may also send a card of condolence. Judge Huitink's wife/family
may be reached at:
Kathleen Huitink, P.O. Box 267,
Spirit Lake, IA 51360.
Record number of members turn out for
1,050 members turned out for the 2014 ISBA Annual Meeting from Monday, June 16,
through Thursday, June 19. The turnout was the largest in recent history.
meeting featured 136 speakers on CLE topics, a half dozen social gatherings and
the second annual ISBA Tech Show. In addition, the Probate and Trust Law
Section held its annual meeting, and the Young Lawyers Division held its
quarterly meeting during the event.
the third consecutive year, Iowa judges held their annual conference in
conjunction with the ISBA meeting.
year’s meeting was held at the Community Choice Credit Union Convention Center
(formerly Veterans Memorial Auditorium) in downtown Des Moines. Attendees
praised the venue for the space it provided and the central location of the
meeting rooms and the exhibit hall. The ballroom one floor above the meeting
rooms and exhibit hall also received high marks for the space it provided for
general sessions and for the annual President’s Awards Banquet.
few photos of the event can be seen here.
Harkin recommends three to the federal bench in Iowa’s Northern and Southern
Senator Tom Harkin has recommended
District Court Judge Karen Romano and U.S. Attorney Nick Klinefeldt to fill the
soon-to-be vacant seat on the federal district court
bench for the Southern District of Iowa. He also recommended Cedar Rapids attorney David
O’Brien to fill the soon-to-be vacant seat on the federal district court bench
for the Northern District of Iowa.
Judge James Gitzner, the
chief district judge for the Southern District is retiring March 1, 2015. Judge
Mark Bennett is retiring July 4, 2015.
Read more about Judge
Romano’s and Klinefeldt’s nominations in this June 20 Des Moines Register article.
See this article
from The Gazette in Cedar Rapids for more information on O’Brien’s nomination.
Congressman Jim Leach urges lawyers to
be proactive in rule-of-law issues
Congressman Jim Leach challenged members of the legal profession to provide leadership
on the key rule-of-law issues of the day during his keynote address to those
attending the Supreme Court Luncheon at the ISBA’s 2014 Annual Meeting.
background, after all, is more suited for dealing with today’s hemorrhaging
politics and dysfunctional governance than that of a professional who on a
daily basis works to resolve disputes based on a respectful parsing of
conflicting claims under the rubric of law, " he said near the end of his
speech to the estimated 100 or so people attending the luncheon.
conclusion followed a long discussion about the current state of American
politics, particularly the effect of the U.S. Supreme Court’s ruling in the
Citizens United case that gave corporations status as people, and essentially
eliminated the limits on contributions they can make to political candidates.
Congressman Leach’s complete speech here.
YLD Justice Fore All Golf outing
(Central) scheduled for July 24
up by July 18 for an opportunity to play the recently revamped Otter Creek Golf
Course in Ankeny and have the profits from your player fees and hole
sponsorships go to a good cause. All proceeds, after expenses, go to support
programs and activities of the ISBA’s Public Service Project in its efforts to
expand access to justice for Iowans of limited means.
for the YLD-sponsored four-person best-ball event on Thursday, July 24, begins
at 11 a.m., followed by a shotgun start at noon. Boxed lunches will be provided
beginning at 11:30 a.m., along with two beverage tickets per participant. Hole
prizes and prizes for the top three teams will be awarded after play concludes.
the ISBA website here for details on the
event, including opportunities for sponsorships, a link to the course website
and registration information. Call Jay Syverson at 515-645-5510 for information
about becoming a sponsor.
Iowa Lawyer magazine
an effort to keep membership informed of their benefits, the ISBA has announced
a change to the publication schedule of the Iowa Lawyer magazine.
catch up to schedule and to ensure members receive the number of expected
issues, the May issue was combined with the June issue, and there will now be
separate July and August issues. Since 2010, the
July and August issues have been combined due to a slower news-cycle in the
remainder of the 2014 publication schedule will remain unchanged.
addition, the 2015 publication schedule will bring significant changes. The
magazine will be upgraded from a 32-page, partially black-and-white magazine to
a 40-page, full-color publication. Several months will be combined for an
eight-issues-per-year publication schedule compared with the current 11 issues
who have questions regarding the schedule change or any other ISBA
communication concerns, please email firstname.lastname@example.org.
The Iowa Lawyer Weekly is an electronic newsletter published
every Wednesday. Please submit comments, letters to the editor, articles, or
photos, to email@example.com.
Contact information should be included with submissions. The ISBA reserves the
right to refuse any submission, but will take all submissions into
consideration for future publication.
Did You Know...
can receive price breaks on office supplies including computers and printers,
furniture, cleaning supplies and even promotional items such as pens, mugs,
hats, etc., through Staples? The ISBA is part of the Staples Advantage program
that makes discounts on commonly used items in the law practice available to
members. Contact Renee via email at Renee.Dunatchik@staples.com, or via phone at
800-693-9900, Ext. 24729 for more information.
Benefit of the Week
Iowa Lawyer App
ISBA’s monthly magazine is now brought to you via your iOS or Android
device. Receive all the great information available in the Iowa Lawyer
Magazine in the palm of your hand, wherever you go, at no cost. Just
simply download the free app below!
Download the free iOS app here or click here to download the Android app. You may also call (515) 697-7868 for more information.
Iowa Supreme Court Decisions
June 13, 2014
OF IOWA vs. RICKY LEE PUTMAN
review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Fayette
County, John J. Bauercamper, Judge.
criminal defendant seeks further review of a court of appeals decision
affirming a district court’s admission of prior-bad-acts evidence in the form
of two video titles involving child pornography in a trial for child sex abuse.
DECISION OF COURT OF APPEALS AND
JUDGMENT OF DISTRICT COURT AFFIRMED.
RHOADES vs. STATE OF IOWA
review from the Iowa Court of Appeals. Appeal from the Iowa District Court for
Black Hawk County, David
F. Staudt, Judge.
defendant filed a postconviction relief action claiming his guilty
plea was invalid. DECISION OF COURT OF
APPEALS VACATED; JUDGMENT OF DISTRICT COURT REVERSED AND CASE REMANDED WITH
A. MADDEN, Plaintiff, vs. CITY OF IOWA CITY
from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.
State of Iowa seeks interlocutory review of a district court order permitting
the City of Iowa City’s cross-claim against the State. AFFIRMED.
FREEMAN, SHARON MOCKMORE, BECCY BOYSEL, GARY D. BOYSEL, LINDA L. GOREHAM, GARY
R. GOREHAM, KELCEY BRACKETT, and BOBBIE LYNN WEATHERMAN vs. GRAIN PROCESSING
from the Iowa District Court for Muscatine County, Mark J. Smith, Judge.
Appellants assert the district court
improperly granted summary judgment. DISTRICT
COURT JUDGMENT REVERSED AND CASE REMANDED.
June 20, 2014
JANE DOE vs. NEW LONDON COMMUNITY SCHOOL DISTRICT
Appeal from the Iowa District Court for Henry County, Cynthia H.
A school district brings an
interlocutory appeal from the district court’s denial of its motion for summary
judgment based on the statute of limitations. REVERSED AND REMANDED WITH
OF IOWA vs. NATHAN DANIEL OLSEN
Appeal from the Iowa District Court for Cedar
County, Paul L. Macek, Judge.
criminal defendant seeks interlocutory review of a district court order denying
the defendant’s motion to dismiss the trial information accusing the defendant
of possession, dominion and control of firearms and ammunition as a convicted
felon pursuant to Iowa Code section 724.26. AFFIRMED.