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1/26/2015 » 1/26/2016
Find-A-Lawyer Renewal/Sign-Up

8/6/2015
2015 Justice Fore All Golf (Western)

8/7/2015
2015 Maximizing Life Insurance to Minimize Iowa Inheritance Taxes

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    July 29, 2015   
Past Issues   

Iowa Civil and Criminal Jury Instructions

Changes and additions to the Iowa Civil and Criminal Jury Instructions that were approved by the ISBA Board of Governors at its annual meeting in June are now posted on the ISBA website. The approvals were based on recommendations made by the Iowa Jury Instructions Committee.

Approved revisions to the Iowa Criminal Jury Instructions include, as renumbered:

  • the addition of language concerning juror duties and juror bias and prejudice, Criminal Instruction 100.8 Consideration of Instructions;
  • the addition of two new instructions regarding offenses of domestic abuse assault by strangulation, Criminal Instructions 830.6 and 830.7 Domestic Abuse Assault;
  • the addition of instructions regarding dependent adult abuse, Criminal Instructions 2620.8 to 2620.20 Dependent Adult Abuse;
  • the addition of an instruction related to the division of marshalling instructions for kidnapping in the second degree into two separate instructions, Criminal Instructions 1000.2 – Kidnapping in the Second Degree Dangerous Weapons – Elements (Rev. 6/2015), and 1000.3Kidnapping in the Second Degree – Ransom – Elements (New 6/2015);
  • modification of the marshalling instruction for kidnapping in the third degree, Criminal Instructions 1000.5 – Kidnapping – Confinement, Removal (When Used With Another Public Offense) – Definition (Rev.6/2015), and
  • modification to include additional concepts related to confinement and removal in the context of kidnapping, Criminal Instruction 1000.6 – Kidnapping – Torture – Definition.

Additional recommendations for changes to the Iowa Criminal Jury Instructions include:

  • re-titling Chapter 2600, currently titled Incest and Child Endangerment, to include reference to Dependent Adult Abuse;
  • renumbering Chapter 1000, titled Kidnapping and Related Offenses, because of the separation of former Criminal Instruction 1000.2 into two separate instructions; and
  • adding an authority reference for Criminal Instruction 1000.5 – Kidnapping – Confinement, Removal (When Used With Another Public Offense) Definition (Rev.6/2015).

Revisions to the Iowa Civil Jury Instructions include the addition of an authority reference concerning undue influence in the context of will contests for Civil Instruction 2700.4 Will Contests, and the correction of typographical errors in Civil Instruction 1800.5 – Abuse of Process – Primarily, as well as Civil Instructions 3100.1 through 3100.3 – Tortious Discharge.

ISBA members can download the entire set of Iowa Criminal Jury Instructions and Iowa Civil Jury Instructions in PDF or Word formats from the ISBA’s website by clicking on "Jury Instructions” under the "Practice Tools” tab and selecting either "Criminal Jury Instructions” or "Civil Jury Instructions,” respectively. To be taken directly to the list of new and revised Iowa Criminal Jury Instructions and the links to download the entire set, click here. To be taken directly to the list of revised Iowa Civil Jury Instructions and the links to download the entire set, click here.


YLD Mentorship Program webinar and outline now available

Training materials for the Young Lawyers Division (YLD) Mentorship Program participants are now available via the ISBA website. The YLD held a training session July 20, at Drake University Law School in Des Moines, Iowa, to provide YLD Mentorship Program participants with tips and examples to make the most of their year-long mentoring relationships. Program participants could attend the event in person or via webinar. West Des Moines attorney and mediator, Kim Stamatelos, provided an energetic dialogue on mentoring strategies.

Stamatelos is an adjunct professor of law at Drake University Law School in addition to being a mediator and collaborative attorney, and is the author of the book "The Compassionate Lawyer." She teaches and trains in mediation, collaborative law and compassionate lawyer topics and can be reached by email at kim@thecompassionatealliance.com. To access Stamatelos’s outline, "Effective Mentoring,” from the July 20 training, click here. To access the webinar, click here.


YLD seeks help at Iowa State Fair mock trial event

The Young Lawyers Division Litigation Committee is seeking volunteers for this year's mock trial event at the Iowa State Fair Aug. 14-15 and Aug. 21-22. Volunteers will receive free admission to the fair and free parking for the days of participation.

The trial-by-jury event engages fair-goers, allowing them to act as jurors during the YLD-led mock trial event. Two-attorney teams have the opportunity to make opening and closing arguments and to examine four witnesses (two opportunities for direct and two for cross exam). Judges and court reporters from across Iowa volunteer to participate in the event each year.

Those interested in putting together teams should email Nile Hicks at nile.hicks@beattielawfirm.com, or Tom Hillers at hillet1@nationwide.com. Questions should also be directed to Hicks and Hillers.


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Request for comment, proposed amendments to Iowa Court Rules, Division III

Iowa Supreme Court Chief Justice Mark Cady signed an order July 28 requesting public comment regarding proposed amendments to division III of the Iowa Court Rules for Reciprocal Certification of Shorthand Court Reporters. The deadline for submitting comments is Aug. 28.

Those interested in providing public comments or learning more can view the order here or visit the Iowa Judicial Branch website, navigating to "About the Courts,” then clicking on "Supreme Court.” From the left navigation, click "Orders.” Public comments may be emailed to rules.comments@iowacourts.gov or mailed to the clerk of the Supreme Court. Those providing comments should review the order for formatting specifications.


Reminder: RSVP for first Justice Fore All Golf (Western) tournament, event Aug. 6

The Justice Fore All Golf (Western) event is a four-person best-ball format golf outing with "shotgun” start including one beverage ticket for each participant, hole prizes and a day of fun away from the office. Sign up as a single, a pair, threesome or a complete foursome. All profits earned from the event will be donated to the ISBA Public Service Project.

Teams or individual participants must be signed up to play in the tournament no later than Thursday, July 30. The golf outing includes appetizers and socializing after golf. Individuals who choose to not golf may join the event after 5:30 p.m.

Click here for more information. For a printable registration form, click here. Individuals with questions may contact Kelsey Bauerly via email at kelsey@btbattys.com.



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In Other News ...

Legal aid organizations can apply for part of Bank of America settlement
The Iowa Supreme Court Lawyer Trust Account Commission announced it is accepting applications for grants in a special program funded by a Bank of America donation of more than $346,700. The money must be used by legal aid organizations in Iowa for foreclosure prevention legal assistance and community redevelopment legal assistance. The donation is part of an August 2014 U.S. Department of Justice $16.65 billion settlement with Bank of America and its former and current subsidiaries, including Countrywide Financial Corp. and Merrill Lynch, that resolved civil investigations relating to residential mortgage-backed securities, collateralized debt obligations, and practices concerning the underwriting and origination of loans.

Business Record, Des Moines

How to save families from losing everything
In 2013, Nicole, a 26-year-old single mother in Chicago, represented herself in eviction court. She thought she was agreeing to pay the rent so she could stay in her home, only to find out later she had agreed to an order awarding her landlord possession of the only decent housing she could afford. She could have lost everything, but she didn't. After taking on her case, the Legal Assistance Foundation of Metropolitan Chicago appealed and won; Nicole and her two young children could stay in their home. She was lucky: Cases such as hers persist across the country, and most people who don't have access to the same support suffer the consequences.

CNN.com, Atlanta, Georgia

Iowa City police update arrest policy after video surfaces
The Iowa City Police Department is updating its arrest policy to emphasize communication after a cell phone video surfaced online.The footage, filmed last month, shows the arrest of a 15-year-old black male by white police officer, Travis Graves, at the Robert A. Lee Recreation Center. In the video Officer Travis Graves is on top of the teen, yelling "put your hands behind your back,” and the teen replies that he can’t. An online petition says the officer used excessive force because the teen was black.

Iowa Public Radio

County attorneys, courts spar over debt collector
On the last day of this year's legislative session, an amendment changing how overdue court debt would be collected in Iowa was added to legislation hashed together in a conference committee. Court officials said the new language "simply streamlined" the existing process, allowing an unnamed private debt collector to replace some existing collection efforts by the state.

The Des Moines Register


The Iowa Lawyer Weekly is an electronic newsletter published every Wednesday. Please submit comments, letters to the editor, articles, or photos, to communications@iowabar.org. 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.

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