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    March 15, 2017
Past Issues  



Want to serve on an Iowa Supreme Court board/commission?

The Iowa Supreme Court’s Office of Professional Regulation is looking to fill upcoming vacancies on the Attorney Disciplinary Board, the Commission on the Unauthorized Practice of Law and the Grievance Commission. The ISBA is one of several lawyer organizations invited to submit nominations to fill the vacancies for the fiscal year beginning July 1, 2017.

To express interest in serving a three-year term on the Attorney Disciplinary Board and/or one of the other two commissions, use the subject Supreme Court Board/Commissions in an email to isba@iowabar.org. Please include the following information:

• For which board or commission are you applying?
• Judicial election district number
• Name
• Mailing address
• Telephone number
• Email address
• Brief biographical information (i.e., name of law school, years & type of law practice, name of current employer, civic organizations, prior service on a Supreme Court commission, involvement in professional organizations, etc.)

Please send your expression of interest by April 1, then bar association leadership will proceed to make nominations to fill the vacancies.


Succession planning seminars scheduled

The ISBA is planning seminars this spring to help members understand the new succession planning process mandated by Iowa Court Rule 39.18, which goes into effect on Jan. 1, 2018.

On April 10, the ISBA will hold a Lawyer Death and Disability Planning Seminar in-person at the ISBA Headquarters, or for members to attend via live webinar. The seminar will be from 2:30-4:30 p.m. Speakers include Tre Critelli, Office of Professional Regulation; Paul Wieck; Travis Cavanaugh, Simmons Perrine Moyer Bergman PLC; and Laura Jensen, Simmons Perrine Moyer Bergman PLC.

To register for this seminar please click here.

A series of traveling seminars on this topic is also being planned. On May 5, the Lawyer Death and Disability Planning Seminar will be rebroadcast at the Best Western Lodge in Clear Lake from 2:30 to 4:30 p.m. To register for the Clear Lake rebroadcast, click here. Additional information will be provided once future traveling locations and dates are confirmed.

Iowa Court Rule 39.18 now requires attorneys in private practice to complete their annual questionnaire, pursuant to rule 39.11, whereby the attorney identifies the attorney’s designated representative to act in the attorney’s stead in the event of death or disability. While attorneys are no longer required to execute a written supplemental succession plan, they are encouraged to do so. The Iowa Academy of Trust & Estate Counsel has prepared and is making available model disability planning documents that will be discussed during the seminars.


Fastcase now tied as top legal research tool

The Fastcase legal research program has been growing in popularity in recent years and now virtually ties with Westlaw and LexisNexis as the service most used by solo, small and mid-sized firms.

Law practice management company Clio conducted a survey during 2016, asking attorneys what tool they use for legal research. The results were just made available and, out of 2,162 respondents, the top-three answers were:

1. Westlaw, 20.58 percent (445 respondents).
2. Fastcase, 20.35 percent (440 respondents).
3. LexisNexis, 20.21 percent (437 respondents).

The ISBA offers free legal research through Fastcase as a member benefit. You can read more about the Clio survey in this blog post.



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Judges needed for mock trial state tournament

The Iowa High School Mock Trial State Tournament is fast approaching and there is still a need for attorneys to serve as judges.

Specifically, there are spots to be filled for state rounds on Monday, March 27 and Tuesday, March 28 at the Iowa Events Center.

You can volunteer by clicking on the "Register" link here or by contacting ISBA Center for Law & Civic Education Director, John Wheeler, at 515-697-7882 or jwheeler@iowabar.org.

Mock trial judges will be asked to assess student performances as they take on the roles of attorneys and witnesses. Last year, more than 600 members of the bar assisted as judges and coaches in tournaments held throughout Iowa.


Juvenile Law CLE offers expert advice on best practices

The ISBA Family and Juvenile Law Section is offering its annual live and online CLE April 19 at ISBA Headquarters in Des Moines. This year’s program will focus on best practices, including effectively engaging with DHS, ICWA update, trends in marijuana usage, shackling in delinquency cases, trial techniques, procedural ethics in termination of parental rights cases, and case law updates. The program is designed to let attendees hear from experts in Iowa juvenile law.

Featured speakers include the Honorable Colin Witt and the Honorable Joseph Seidlin, District Associate Judges in Juvenile Court in District 5C; the Honorable Susan Christensen, District Court Judge; Professor Brent Pattison, Director of the Joan and Lyle Middleton Center for Children’s Rights, Drake University Law School; Charles Phillips, Attorney General’s Office; Attorney Felicia Bertin Rocha; Attorney Matthew Boleyn, Reynolds & Kenline LLP; Dr. Rizwah Shah, MD, Former Director, Child Abuse Program at Blank Children’s Hospital; and Mike McInroy, DHS.   

This event will provide 6.75 state CLE hours (1 hour of ethics included). For a complete schedule and more information, click here. After a successful implementation last year, there is an opportunity to again register for both the Juvenile Law Seminar and Criminal Law Seminar at a discounted bundle rate. Click here to register for both seminars.


U of I offering two lectures in the coming month

The University of Iowa College of Law has two upcoming lectures available to both law students and the public in the next month.

The first, titled "Outcasts from the Vote: Women Suffrage and Disability Over the Long Nineteenth Century in the United States," will be in the Levitt Center at 5 p.m., March 23. It is presented by Rabia Belt of Stanford Law and made possible by the Stanley and Gail Richards Endowed Fund for Disability Law.

The second brings Gary Born, chair of WilmerHale's International Arbitration Practice Group to speak on "BITs, BATs, and Buts: Reflections on International Dispute Resolution." His lecture is the spring James Fraser Smith Lecture, scheduled in Levitt Auditorium at 4 p.m., April 6.

For questions, contact Jill De Young via email or visit the College of Law's website.


SUPREME COURT OPINIONS
March 10, 2017

No. 15-0545
JEREMY D. YOCUM vs. STATE OF IOWA
A defendant requests further review of a court of appeals decision affirming the dismissal of his postconviction-relief action.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED


No. 15-0683
Amended March 13, 2017 GARY N. PORTER and LORI PORTER vs. RICHARD L. HARDEN and JANICE HARDEN
Property owners seek further review of a court of appeals decision that found a farm tenancy existed and therefore reversed a district court judgment granting them possession of this property.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED


No. 15-1540
TUNIS E. DEN HARTOG, SHIRLEY ANN SCHWEERTMAN, LEONARD G. LYBBERT, MARY ELLEN MOLINARO, WILLIAM JAMES ROBERT, AND MARK D. FISHER vs. CITY OF WATERLOO, IOWA
Taxpayers challenge the district court’s ruling finding a municipality was not in contempt of a court order forbidding it from selling certain property except in compliance with statutory requirements.
AFFIRMED AS MODIFIED

No. 16-1146
EUGENE J. KOPECKY vs. IOWA RACING AND GAMING COMMISSION
A citizen appeals a district court judgment affirming the Iowa Racing and Gaming Commission’s declaratory order.
AFFIRMED

No. 16-1323
PATRICK ALAN NEY vs. JOHN GLENN NEY
Plaintiff appeals district court’s dismissal on grounds of subject matter jurisdiction.
REVERSED AND REMANDED

No. 16-1988
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. RICHARD DILLON CROTTY
The grievance commission found an Iowa attorney violated several rules of professional conduct while representing a personal representative in an estate and a claimant in a worker’s compensation claim. The commission recommends a ninety-day suspension of the attorney’s license. We suspend the attorney’s license for sixty days.
LICENSE SUSPENDED


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IN OTHER NEWS
Chappell sworn in as Sixth Judicial District Court judge
Preparation, hard work and intelligence will help Andrew Chappell in his new job as a Sixth Judicial District judge, friends and colleagues said at his swearing in ceremony Friday.
Cedar Rapids Gazette

Northern District’s Kevin Techau out in U.S. Attorney resignations
U.S. Attorney Kevin Techau of the Northern District of Iowa has resigned, one of the 46 U.S. attorneys across the nation who were holdovers from the Obama administration who were ousted from office by Friday under the Trump administration.
Mason City Globe Gazette

Your boomer retirement problem won’t just fade away
When we talk about generational issues — and we do that frequently — we tend to focus on millennials. That’s only natural because we depend on them to carry law firms into the future. But we also need to pay close attention to baby boomers, the lawyers who are in their mid-50s to early 70s. Boomers, especially older ones, created and now dominate the present legal landscape. The future also depends on them, but in a different way.
attorney at work

Northwestern enters top 10 in latest US News law school rankings; Harvard drops to No. 3
Northwestern University’s Pritzker School of Law has entered the top 10 in law school rankings released on Tuesday by U.S. News & World Report. Yale Law School remained No. 1 on the list. Three schools in the top 10 had drops in the rankings.
ABA Journal

Is Iowa workers' comp out of control? What we found
Iowa business groups and lawmakers pushing to overhaul workers' compensation say the state's system has tilted unfairly toward injured workers and significantly raised employers' costs.
Des Moines Register

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JOB LISTINGS

 

Associate Attorney
Aspelmeier, Fisch, Power, Engberg & Helling PLC, Burlington, IA

Attorney

McGrath North, Omaha, NE


City Attorney
City of Bettendorf, Bettendorf, IA


Banking & Finance Attorney
Goosmann Law Firm, Sioux City, IA


Child's Attorney
Kids First Law Center, Des Moines

 

Associate Attorney

Gruhn Law Firm, P.C., Cedar Rapids, IA

 

Assistant Dean-Career Services

University of Iowa College of Law, Iowa City, IA

 

Assistant County Attorney

Civil Division-Johnson County Attorney's Office, Iowa City, IA

Corporate Counsel
TaxAct, Cedar Rapids, IA


Part Time Legal and Compliance Assistant Homesteaders Life Company, West Des Moines, IA

Assistant Counsel
Ruffalo Noel Levitz, Cedar Rapids, IA


Associate Attorney
Klinger, Robinson & Ford LLP, Cedar Rapids, IA

 

Attorney Advisor(General)
Social Security Administration, Omaha, NE


ADMISSION ON MOTION
The following individuals applied for admission on motion to the Iowa Bar:

Caleb Aaron Petersen, St. Louis, MO

 

Meika Marie Vogel,
Vogel Paint, Inc., Eden Prairie, MN


Stephen Kelly McElroy, Oxnard, CA

Cesar Augusto Juarez, 
Goosmann Law Firm, Sioux City, IA

Catherine Nichols Swiniarski, 
Elder Law of Omaha, Omaha, NE


Anyone with questions or comments on the above should contact: Dave Ewert at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; Phone: 515-725-8029.


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