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    April 26, 2017
Past Issues  



Submit your ideas for court savings as Judicial Branch finalizes its budget

The 2017 Legislative Session wrapped up this past Saturday, and the final outcome of budgetary decisions was that the Iowa Judicial Branch was appropriated $175,686,612 in operational funds and $3,100,000 in jury and witness revolving funds, for a total of $178,786,612 for fiscal year 2018. This is basically the same budget of last fiscal year and will require very close management by the judicial branch to avoid significant changes in the operation of the court system.

The court will be developing a list of decision-making packages that might be in play as it considers how to continue the management of the courts in the most efficient manner. The chief justice is requesting input from all sources for suggestions on implementation of the budget in its current form. Click here to contact the Iowa Judicial Branch to submit ideas for how to reduce costs or provide improved services to Iowans. You may also send ideas by email and they will be received anonymously at this address: SCAHR@iowacourts.gov.

You can read more budget details in this memo to court staff from State Court Administrator David K. Boyd.


YLD “Ask an Advocate” forum off to successful start, answers to be archived online

The ISBA Young Lawyers Division “Ask an Advocate” anonymous question forum has been up and running for three weeks with great success.

The forum provides a mechanism for young attorneys to ask questions anonymously, without fear of embarrassment or intimidation. Young lawyers are encouraged to use it to ask questions that will help them understand how better to practice law. Already, 20 questions have been asked with 125 responses given by other young attorneys. There are 1,600 members on the listserv.

The questions and responses will be archived online with the opportunity to search based on topic.

Please send your forum questions to askanadvocate@iabar.org, and they will be posted anonymously to the listserv by the moderator. All members of the ISBA YLD were automatically added to the forum list, with the opportunity to opt-out.


Iowa Supreme Court requests comments on proposed new child support guidelines

The Iowa Supreme Court released two orders April 21 requesting comments on 14 recommended changes to chapter nine of the Iowa Court Rules from the Iowa Child Support Guidelines Review Committee.

The committee was established in 2016 primarily to ensure that application of the Iowa child support guidelines results in appropriate child support award amounts. In order to determine what updates were necessary, they reviewed the history of Iowa's guidelines, consulted the findings of the Iowa Child Support Advisory Committee and brought in a nationally recognized expert on child support guidelines.

A detailed listing of the recommended changes and the committee's full report are available on the court's website. Instructions on how to submit comments can be found within the order. The deadline for submitting comments is 4:30 pm on June 21.


Watch Iowa’s top trial attorneys in action during ABOTA “Masters in Trial” program

The ISBA is assisting in the sponsorship of the ABOTA Foundation's “Masters in Trial” demonstration coming up in May in Des Moines. The program is designed to educate attorneys in the art of trial advocacy by showing how some of the most successful trial lawyers in the state conduct a trial. All of the trial team counsel are ABOTA members and are well-known and highly respected in their fields.

The Iowa “Masters in Trial” program will happen Friday, May 19, at the Drake Legal Clinic. It’s an all-day event, from 9 a.m. to 4:45 p.m., with pending CLE accreditation.

The case to be “tried” involves a plaintiff alleging that a truck driver was negligent and liable for the death of her common-law husband in a vehicle collision. Each side is alleging the other driver was at fault and is supporting its allegations with professional accident reconstructionist testimony. This case will be tried to a jury of laypeople and the audience will be able to observe jury deliberations via live video

Visit ABOTAMastersInTrial.org for information about how to register. Online registration closes on May 15.


 


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Governor signs Law Day proclamation

Iowa Governor Terry Branstad signed a proclamation marking Monday, May 1, as Law Day in Iowa. He signed the proclamation in his formal office on Tuesday, surrounded by representatives from the legal insurance company ARAG, representatives from the Polk County Bar Association and ISBA Vice President Tom Levis.

President Dwight Eisenhower established the first Law Day in 1958 to mark the nation's commitment to the rule of law. In 1961, Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day, which was subsequently codified (U.S. Code, Title 36, Section 113). Every president since then has issued a Law Day proclamation on May 1 to celebrate the nation's commitment to the rule of law. The theme of this year’s Law Day observance, “The 14th Amendment: Transforming American Democracy,” honors the many ways the Fourteenth Amendment has reshaped American law and society.

Governor Branstad’s 2017 Law Day proclamation states: “I encourage all Iowans to observe Law Day by reflecting on the impact that our nation’s laws and the Fourteenth Amendment have had upon the quality of our lives and the strength of our democracy. As we continue to work for a more just society for all, let us celebrate our legal heritage and reaffirm our reverence for the rule of law, which has safeguarded our liberty and preserved our democracy for many years.”


Iowa Dept. of Inspections and Appeals seeking Independent Reviewers

The Iowa Department of Inspections and Appeals Health Facilities Division put out a request for attorneys to do contract work on their behalf related to health care facility inspections. The department is seeking licensed Iowa attorneys to hold informal conferences with health care facilities desiring to contest a state citation; or with assisted living programs, elder group homes and adult day service programs that wish to contest the department’s final findings.

Iowa Code requires the department to issue a request for proposals (RFP) to enter into a contract for the purpose of providing one or more independent reviewers for informal conferences. To learn more, go to the State of Iowa bid opportunities listing or contact Steve Oberbroeckling by email at steve.oberbroeckling@iowa.gov or by phone 515-725-2090.


 

Register today for the ISBA Commercial and Bankruptcy Section's annual CLE

L. Ashley Zubal, Commercial and Bankruptcy Section CLE Committee Chair

The Commercial and Bankruptcy Section’s CLE event will be held May 12 at ISBA Headquarters in Des Moines. We would be pleased to have you join us for this year’s seminar featuring an engaging lineup of speakers, including five bankruptcy judge presenters from the Southern District of Iowa, District of South Dakota, District of North Dakota and District of Nebraska, who will provide insight and tips on areas including proper notice and procedure, time frames and sanction issues. 

The program features presentations on many emerging and complex issues impacting commercial and bankruptcy practitioners, representing both debtors and creditors, including fraudulent conveyances, UCC update and selected payments law considerations. This event will provide 6.75 state and 6.75 federal CLE hours (1 hour of ethics included).

For full details, as well as registration, visit the event webpage.

 

SUPREME COURT OPINIONS

No. 15-1248
LYLE ABBAS, F. DOW BATES et al vs. Iowa Insurance Division
A group of chiropractors appeals a judicial review proceeding in which the district court upheld a decision of the insurance commissioner finding the insurers did not violate Iowa Code section 514F.2 (2013).
AFFIRMED

No. 15-1830
STATE OF IOWA vs. MAURICE D. ANGEL and KEMIA B. McDOWELL
The State appeals the district court’s grant of defendants’ motions to suppress.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS

No. 16-0364
CHICOINE, NILES, et al and MUELLER, BROWN, et al vs. WELLMARK BLUE CROSS
A district court indefinitely stayed state antitrust proceedings in favor of further proceedings in federal multidistrict antitrust litigation.
RULING ON MOTION VACATED; REMANDED WITH DIRECTIONS

No. 16-1028
IN THE MATTER OF THE ESTATE OF JOSEPH C. GANTNER III, Deceased RACHEL GANTNER
A surviving spouse appeals the denial of an application for temporary spousal support.
AFFIRMED

IN OTHER NEWS
Iowa Attorney General urges President, Congress to maintain funding for drug treatment
Iowa’s attorney general is joining colleagues from several other states in urging the president and congressional leaders to maintain funding for drug treatment in their effort to replace the Affordable Care Act (ACA).
Iowa Public Radio

Gail B. Agrawal appointed the inaugural N. William Hines Dean and Professor of Law
The University of Iowa College of Law is pleased to announce the N. William Hines Deanship. Dean Gail B. Agrawal has been appointed the inaugural N. William Hines Dean and Professor of Law. She, along with N. William Hines, were recognized at the Iowa Inspired campaign closing event on April 7, 2017.
University of Iowa College of Law

Justices split over defendants' right to mental health expert witness
As a hurry-up execution schedule plays out in Arkansas this week, the U.S. Supreme Court and Arkansas Supreme Court have stepped in to block two of the eight executions initially scheduled for an 11-day period.
NPR

Volunteers accompany US immigrants to court to allay fears
When Salvadoran immigrant Joselin Marroquin-Torres became flustered in front of a federal immigration judge in New York and forgot to give her asylum application, a woman she had just met stood up to provide it.
KWWL

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JOB LISTINGS

Experienced Attorney
Redfern, Mason, Larsen & Moore P.L.C., Cedar Falls, IA

 

Corporate Counsel

Cambridge, Fairfield, IA

United States Marine Judge Advocate, United States Marine Corps, U.S.

Contract Administrator (Sponsored Research Specialist), University of Iowa, Iowa City, IA

Vice President and Trust Officer, Iowa State Bank, Urbandale, IA

Legal Intern, Confidential Employer, West Des Moines, IA

Associate Attorney, Meardon, Sueppel & Downer, P.L.C., Iowa City, IA

Corporate Associate, Faegre Baker Daniels LLP, Des Moines, IA

 

Associate Attorney, Buchanan, Bibler, Gabor & Meis, Algona, IA


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

Matthew Brandon Reilly, Erickson Sederstrom, Omaha, NE

 

Ronald J. Leinen, Vincent, Roth, Toepfer & Leinen, P.C., Galena, IL


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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