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 November 1, 2017  Past Issues

Young lawyers may soon get representation on the committee that accredits law schools

Later this week, the Council for the ABA Section of Legal Education and Admissions to the Bar will discuss a proposal from the ABA Young Lawyers Division to add two voting members to the council’s ranks. The YLD has asked the council to reserve two of the 21 council spots for young lawyers (under 36 or within 5 years of graduating law school).

The YLD proposal was spearheaded by Tom Hillers, the president of The Iowa State Bar Association Young Lawyers Division. You can read more about this effort in this article from Above the Law.


Enjoy happy hour and a volunteer opportunity with the ISBA YLD

On Thursday, Nov. 9, the ISBA YLD is hosting a happy hour and Meals from the Heartland meal packaging event in Des Moines. The event is planned in coordination with the Drake Law Career Development Office and Drake Student Bar Association, with the purpose of providing a networking and volunteer opportunity for any local attorneys and Drake Law students who are interested in attending.

The group will meet for happy hour at Star Bar on Ingersoll Ave. in Des Moines from 5:30-6:30 p.m., then package meals at Meals from the Heartland from 6:30-8:30 p.m.

The official invitation for the event can be found here.


Proposed new probate rules now open for public comment

The Iowa Supreme Court released an order on Oct. 25 requesting public comments on three proposed new rules prohibiting the waiving of guardian and conservator filing requirements.

The changes proposed are in response to recommendations from a report by the court's Guardianship and Conservatorship Reform Task Force. The report found that waivers are granted in a significant number of guardianships and conservatorships, but that the waivers negatively impacted the court's ability to fulfill its monitoring responsibilities.

Along with the order, the court provided the proposed new Iowa Court rule 7.8 for review. Comments can be emailed with 'Filing Requirements' in the subject line. They can also be delivered in person or mailed to: Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319.

The deadline for submitting comments is 4:30 p.m. on Dec. 26.



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Supreme Court adopts new rules on juvenile procedure, retention of appellate records

The Iowa Supreme Court adopted two new court rules last week prohibiting the routine use of restraints on juveniles during court proceedings, and prescribing how appellate records may be retained.

New Iowa Rule of Juvenile Procedure 8.41 is designed “to promote fair and considerate treatment of juveniles while preserving courtroom and public safety according to available resources,” as stated in the order filed Oct. 25. The new rule goes into effect on Jan. 1.

New Iowa Court Rule 20.3 provides “that once the supreme court clerk has reproduced supreme court and court of appeals original records in a ‘reasonably permanent legible means,’ the clerk may destroy the original records,’” according to the order filed Oct. 26. The order also rescinds Rules 22.37 and 22.38 – the rules on purging district court civil and criminal case files – and moves them into Chapter 20 of the court rules as Rules 20.4 and 20.5. That change, which is effective immediately, removes the rules from the chapter on judicial administration to the chapter on court rules.


Families wanted for Adoption Saturday next month

Central Iowa’s 17th annual Adoption Saturday Celebration will be held Saturday, Dec. 2, from 8:30 a.m. to 12:30 p.m. at the Polk County Justice Center, 222 5th Avenue, Des Moines. The event, which is free and open to the public, finalizes adoptions for multiple families in courtrooms adorned with helium balloons and lined with stuffed toys that are given to the new adoptees.

In addition to finalizing adoptions, the event will include booths providing information about being a foster parent and about post-adoption support services.

Adoption Saturday began in Los Angeles County, California, partially in response to the 1997 federal Adoptions and Safe Families Act. Des Moines joined the celebration in 2001, with the first Adoption Saturday seeing adoptions finalized for 21 children. Those children, in the words of a January 2001 Iowa Lawyer article, "will now know where they will celebrate Thanksgivings and Christmases and their birthdays and Fourth of July celebrations for all the years of their childhood.”

Organizers for this year’s Adoption Saturday are still looking for adoptive families who are far enough along in the process that the adoptions can be finalized on Dec. 2. If you, or attorneys you know, have clients in the adoption process that meet the criteria, contact Erin Mayfield at emayfield@youthlawcenter.org, or by phone at 515-244-1172.


TAX SCHOOL REGISTRATION UNDERWAY

Registration is open for the annual Bloethe Tax School in Des Moines Dec. 6-8. The event will again be held at the downtown Marriott and features several important topics:

• Form 1040: Forms & Examples - Speakers: James Goodman, Moore McKibben Goodman & Lorenz LLP, and Maureen Kenney, Bradley & Riley
• IRS Updates - Speaker: Alan Gregerson, Internal Revenue Service
• Top 10 Listserve Questions - Panelists: Michel Nelson, Iowa Savings Bank; Janice Kerkove, Bradley & Riley; and Christine Halbrook, Bradshaw Fowler Proctor & Fairgrave, PC
• 2017 Tax Manual - Speakers: David Bibler, Buchanan Bibler Gabor & Meis; Lee E Wilmarth, Anderson Wilmarth Van Der Maaten Belay & Fretheim; and Daniel L Fretheim, Anderson Wilmarth Van Der Maaten Belay & Fretheim
• LLC to S Corp Reorganizations – Speaker: Jason Stone, Whitfield & Eddy PLC
• Fiduciary Income Tax Update with Examples - Speakers: Brian Kane, Kane Norby & Reddick PC, and Bruce Rehmke, Heartland Financial USA Inc.

The seminar is $275 with discounts offered for tax section members and attorneys in their first five years of practice. Those interested in receiving the hard-copy manual must make sure to check the box during registration and pay the $60 fee. There will also be a $50 late registration fee for those who sign up after Dec. 4. Additional information can be found on the event page.


SUPREME COURT OPINIONS

No. 15-0741
JASON CANNON vs. BODENSTEINER IMPLEMENT COMPANY
An implement dealer seeks further review of a court of appeals decision partially reversing a district court order granting it summary judgment.
DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED

No. 15-0829
STATE OF IOWA vs. KHASIF RASHEED WHITE
Appellant challenges imposition of minimum term of incarceration without eligibility for parole following a resentencing hearing.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED AND REMANDED

No. 16-1136
LINDA LINN and MARK SHUCK vs. PAT MONTGOMERY, CHRISTY SCHRADER, and BRAD ALLEN
Plaintiff appeals the district court order granting defendants’ motions for summary judgment.
AFFIRMED

No. 16-2087
STATE OF IOWA vs. BRIAN PATRICK CLEMENS
An individual appeals the denial of his motion to expunge the record of a dismissed simple misdemeanor proceeding.
REVERSED AND REMANDED



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IN OTHER NEWS
At Iowa DHS, staffing has dropped while caseloads have risen
The number of front-line child abuse staffers at Iowa’s Department of Human Services has declined in the past 15 years, caseloads have risen and state funding has failed to keep pace with inflation, a Des Moines Register review of state data shows.
Des Moines Register

1880's law helps an Oakland man get a new murder trial
A murder trial will be held in a community room in Avoca, Iowa, not a courtroom.
KETV

Judge upholds Iowa's new collective bargaining law
A Polk County judge has upheld the constitutionality of Iowa’s revamped collective bargaining law, rejecting in a ruling Monday a union’s contention its members do not receive equal treatment under changes adopted by the GOP-controlled Legislature and signed into law last February by former Gov. Terry Branstad.
The Gazette

Advocates work to keep young female offenders out of prison through early intervention
The first time Amber was arrested, she was 16 and brought in for assault and battery after fighting another girl.
ABA Journal

Bar Association declares Omaha attorney 'not qualified' for 8th Circuit Court of Appeals seat
The American Bar Association has declared Omaha attorney Steve Grasz “not qualified” for a seat on the 8th U.S. Circuit Court of Appeals.
The Daily Nonpareil

 
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JOB LISTINGS

Attorney I - Scott County, Davenport, IA

Associate Attorney - Davis Brown Law Firm, Des Moines, IA

Trial Attorney - Confidential Employer, Des Moines, IA

Executive Director of the Legal Clinic and Experiential Programs - Drake University, Des Moines, IA

Attorney - Hartung & Schroeder, L.L.P., Des Moines, IA

Associate Attorney - Confidential employer, Boone, IA

Product Liability & Environmental Associate - Faegre Baker Daniels LLP, Des Moines, IA

Associate Director, Procurement - Cambridge, Fairfield, IA

Attorney - Lynch Dallas P.C., Cedar Rapids, IA

Associate Attorney - McEnroe, Gotsdiner, Brewer, Steinbach & Rothman, P.C., West Des Moines, IA

Business Litigation Associate - Faegre Baker Daniels LLP, Des Moines, IA

Corporate Counsel/Licensing - DuPont Pioneer, Johnston, IA


ADMISSION ON MOTION

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

Matthew Shprukhman, Baltimore, MD

Deana D. Klein, Dornan Law Team, Omaha, NE

Sara M. Rost, Radke Law Office, P.C., Sioux Falls, SD

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


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