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Iowa Lawyer Weekly (12/12/2013)
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December 12, 2013
Past Issues



Board of Governors unanimously approves recommendations on education, licensure of Iowa attorneys

The Iowa State Bar Association’s Board of Governors (BOG) unanimously approved the recommendations put forth by the Blue Ribbon Committee on Legal Education and Licensure at its quarterly meeting yesterday (Dec. 11).

The committee, which itself had unanimously approved the recommendations at its meeting last week, recommended that Iowa move away from the multi-state bar exam in use for the past five years and adopt the Uniform Bar Exam (UBE) that is portable in 14 states. It also recommended that students who successfully complete three years of specified law school course work at Drake University Law School or the University of Iowa College of Law be admitted to the Iowa Bar without being required to take a bar exam.

"This is an historic, innovative and forward-thinking action that will benefit the next generation of lawyers and the citizens of Iowa,” said ISBA President Guy Cook after the BOG decision. "It will reduce the costs of becoming an Iowa-licensed attorney, and make it easier for new attorneys to practice in underserved areas, including rural areas.

"It also protects the public by ensuring that the Iowa Supreme Court, rather than a multi-state test, determines who becomes an Iowa-licensed attorney,” he added.

Committee Chair David L. Brown praised the collaborative venture between the bench, bar and law schools that led to the committee’s recommendation. Committee members included judges, lawyers, former members of the bar examining committee, the deans of Iowa’s two law schools and a Supreme Court Justice, who served in an ex-officio capacity.

"The action taken by the board makes Iowa a leader in the nation,” he said.

The complete report containing the recommendations and the background behind them will be sent to the Iowa Supreme Court for its review and approval. Read the report.


Court of Appeals elects Judge Danilson as chief

The Iowa Court of Appeals has elected Judge David Danilson as chief judge, the court announced this morning. He succeeds Chief Judge Larry Eisenhauer who retired earlier this fall.

Judge Danilson was appointed to the court of appeals in 2009 after serving as a district court judge in the Second Judicial District for 12 years. Prior to that service, he was a district associate judge for 10 years. He is the eighth chief judge since 1976 when the legislature established the court of appeals.

Read more about Judge Danilson’s background and see a list of all the chief judges for the court of appeals here.


Mortgage burning ceremony marks completion of significant chapter in ISBA history

About 85 individuals braved single-digit temperatures earlier this month to attend a mortgage burning ceremony officially commemorating The Iowa State Bar Association’s first-ever ownership of its headquarters building.

"Tonight we acknowledge one of the great accomplishments of The Iowa State Bar Association,” said current ISBA President Guy Cook in brief remarks before a few brave souls ventured outside for the official mortgage burning ceremony. "As we gather on this historic night, we must thank the building committee led by Paul Tyler, the fundraising steering committee led by JC Salvo, and then-ISBA President Marion Beatty, Most important, we must recognize the generous contributors who made this great accomplishment possible, many of whom are here tonight and who are recognized on the plaques throughout this building.”

Click here for photos of the event.


Office of the clerk of the Supreme Court to close early on four days

In order to prepare and train staff for implementation of the Electronic Data Management System (EDMS) in the appellate courts, the office of the clerk of the supreme court will close at noon for the remainder of the day on the following days:

  • Tuesday, Dec. 17
  • Thursday, Jan. 9
  • Tuesday, Jan. 14
  • Thursday, Jan. 16

Pleadings or motions in a pending action or proceeding, or the perfecting or filing of an appeal from the decision or award of a court, board, commission or official that are due on one of the days the clerk’s office is closed will be due the next day that the office is open.

Read the complete order.


Last-minute ethics seminars

Need ethics credit hours before the end of the year? Check out these offerings from the ISBA.

Thursday, Dec. 19, Roger McEowen from the Iowa State University Center for Agricultural Law and Taxation, and Kristy Maitre from the IRS will discuss "Taxation Legal Ethics” via an in-person or live webinar from noon to 1:30 p.m. The in-person location is the bar headquarters at 625 East Court Avenue, in Des Moines.

Friday, Dec. 20, Tre Critelli from the Attorney Disciplinary Board will discuss "Responding to Ethics Complaints” in a telephone CLE from noon to 1 p.m.

Tuesday, Dec. 31, Hugh Grady, Director, Iowa Lawyers Assistance Program, will present an in-person or live webinar entitled: "Impaired Lawyers: The Impact on the Person and Ethics” from noon to 1 p.m. The in-person site will be the bar headquarters.

For more information on all three of the seminars and to register for one or more, go to the upcoming CLE events on the ISBA website.


Comments requested on reappointment of Judge Jackwig

The United States Court of Appeals for the Eighth Circuit is soliciting comments from the Bar and the public on the reappointment of Judge Lee M. Jackwig as a bankruptcy judge for the Southern District of Iowa. Judge Jackwig’s current appointment is due to expire on Nov. 2, 2014.

Comments, which are kept confidential, must be received by Jan. 20. They should be directed via mail to Millie B. Adams, Circuit Executive, 111 South 10th Street, Suite 26.325, St. Louis, MO 63102-1116, or via email to CE8employment@ca8.uscourts.gov.


IOLTA grant applications now available

Interested parties involved with public purpose projects can now apply for a grant under the Interest on Lawyer Trust Account (IOLTA) program. The application period, which ends at 4:30 p.m., March 7, is for grants that will be awarded beginning July 1.

The annual grant program, which began in 1986, is administered by the Iowa Supreme Court Lawyer Trust Account Commission. More information is available here. Instructions for obtaining application forms are also available at the above link. For an electronic copy of the application form in Word format, click here and scroll down to the bottom of the page.

Did You Know...

you can pose questions or make comments in the "Forum” portion of the new ISBA website? The process works much like the listserves that many ISBA groups have used to seek answers to questions from others in the group. To access "Forums,” log into the ISBA website (www.iowabar.org) and sign in. On your personal member profile page, you should see a list of the groups you belong to below a heading called "Groups.” Click on the group for which you want to create a message. On the upper right side of the page, you’ll see "Forums.” Click on it and post your question or comment.


Benefit of the Week

2013 Fiduciary Tax Manual
A new edition of the Fiduciary Tax manual is now available to ISBA members at a discounted member price.

Originally written in 1991 and revised in 1994, 2003 and October 2013, the 365-page manual provides an overview of the federal and Iowa fiduciary income tax returns for estates and trusts, and incorporates examples and forms to illustrate certain aspects of those returns.

To get your hands on the new manual, visit here.



Iowa Supreme Court Decisions

December 6, 2013

No. 12-0647
IN RE THE DETENTION OF ANTHONY GELTZ ANTHONY GELTZ

Appeal from the Iowa District Court for Clinton County, David H. Sivright Jr., Judge.

Respondent appeals his adjudication and civil commitment as a sexually violent predator. REVERSED AND REMANDED FOR DISMISSAL.

No. 12-1944
JOSEPH W. DEMOCKO, DONALD JONES and JAMES SAMIS vs. IOWA DEPARTMENT OF NATURAL RESOURCES

Appeal from the Iowa District Court for Monroe County, Daniel P. Wilson, Judge.

Nonresident landowners assert the decisions of the Iowa Department of Natural Resources to revoke their resident hunting licenses were not supported by substantial evidence and state hunting regulations favoring residents violate the Privileges and Immunities Clause of the United States Constitution. AFFIRMED.

No. 13-0780
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. ROBERT ALLAN WRIGHT JR.

On review of the report of the Grievance Commission of the Supreme Court of Iowa.

Grievance commission found violations of multiple ethical rules and recommended lengthy suspension. LICENSE SUSPENDED.

 

 

 


 

 





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Email: isba@iowabar.org