Funeral services for former Iowa
Supreme Court Chief Justice Reynoldson set for Friday
Former Iowa Supreme Court Chief Justice W. Ward Reynoldson
will be laid to rest at 2 p.m. Friday, April 1, at the Osceola United Methodist
Church in Osceola, Iowa. Chief Justice Reynoldson died Monday. He would have
been 96 on May 17.
News of his death brought accolades from public and
private individuals, including this tribute from retired Des Moines Register editorial writer, Rox
Laird. Long-time Des Moines attorney, Harlan "Bud” Hockenberg was one of many
who praised his integrity, temperament and ability. In addition, he was praised
for the many changes he initiated in the Iowa court system during the 16 years
he served on the state’s high court, including nine as chief justice. Read more
about those changes and about his life in this release from the Iowa Judicial Branch.
"The Iowa court family is saddened by the passing of
former Chief Justice Ward Reynoldson,” said current Chief Justice Mark Cady. "Our
sympathies go out to his wife, Pat, and his family.”
Assistance needed for ISBA’s top legislative priorities
legislature is expected to adjourn sometime in the next three weeks or so
making this an important time in the legislative session, according to ISBA
Legislative Counsel Jim Carney. He and his legislative team are working on two
top-priority bills that are being considered by the legislature and asking for
ISBA members to contact local representatives to support these priorities.
supplemental appropriations bill (SF2109)
provides for an additional $3 million for the State Public Defender’s
budget. The additional funding is approximately 10 percent of the entire
annual contract attorney budget. Claims from contract attorneys will
exceed the $29.5 million budget for fiscal year 2016, and a supplemental
appropriation is needed, said Carney.
the disastrous situation of 2011 when payments were delayed for three to four
months or longer,” Carney said, "the supplemental appropriation in SF 2109 is
needed.” He urges members to contact their Representatives to request
support the bill which is currently in the House.
top legislative priority of the ISBA is the probate cost bill (HSB
645). By unanimous vote, the House Ways and Means Committee passed the bill today, March
30, and it will now go on to the House calendar. Members are urged to contact their House of
Representative members to support the bill.
establishes a uniform approach to the taxation of probate cost throughout the
state of Iowa,” Carney said, "and ensures that assets, which pass by operation
of law without the need for court administration, are not taxed for court cost
purposes. Assets such as joint tenancy, insurance, annuities, payable on
death accounts etc. The bill also provides that if costs have been
assessed in a conservatorship on the assets, when the ward passes, the same
assets are not taxed a second time when transferred to the estate of the
numbers and email addresses for House of Representative members, visit the legislators contact page.
For details regarding the status of other ISBA legislation, review the most
current affirmative legislative program and the ISBA Legislative
April Iowa Lawyer now available
The April issue of the Iowa Lawyer Magazine is now
available online. Those who elect to receive the print version of the magazine
should see it in mailboxes in the next week or so. In this issue, ISBA focuses
on family law.
Members can view the digital version of the April issue by navigating
to www.iowabar.org, clicking on "Publications,” then "Iowa Lawyer Magazine.” Those who no longer wish to receive the printed version of
the magazine can elect to receive it electronically by navigating to their ISBA
account settings and selecting "yes” for the "Iowa Lawyer Magazine
Questions regarding the Iowa Lawyer Magazine can be
directed to the ISBA Communications Department at email@example.com or 515-697-7898.
Spring Tax Institute opens
A message from Jon Landon, co-chair for
the Iowa Spring Tax Institute
I invite you to attend the 62nd Annual Spring Tax Institute scheduled for April
29. The day-long CLE program will be held at The University Club in Iowa
The impressive speaking lineup includes the Honorable Cary
Pugh, U.S. Tax Court, who will speak on "Federal Tax Controversy and the Tax
Court” along with U.S. Attorney for the Northern District of Iowa, Kevin
Techau, and IRS special agent for criminal investigation, Jeff McGuire, who
will be presenting on criminal tax.
More information can be found on the ISBA seminar webpage, including registration details and full program schedule. Information on all of the distinguished guest speakers is available as well. The program is awaiting approval for CLE credits (6.5
hours, including 0.75 ethics).
I look forward to what promises to be an
excellent seminar. The seminar is co-sponsored by the University of
Iowa College of Law CLE Programs and the Taxation Section of The Iowa State Bar
Association. Hotel rooms at the Iowa House in the Iowa Memorial Union are
available for reservation for Spring Tax Institute attendees.
New scam targets home buyers
The Federal Trade Commission and the National Association
of Realtors® are warning home buyers about an email and money wiring scam.
Hackers have been breaking into some consumers’ and real estate professionals’
email accounts to get information about upcoming real estate
After figuring out a closing date, the hacker sends an
email to the buyer, posing as the real estate professional or title company.
The bogus email says there has been a last minute change to the wiring
instructions, and tells the buyer to wire closing costs to the scammer’s
account. If the buyer takes the bait, their bank account could be cleared out
in a matter of minutes.
When buying a home, consumers should be aware of potential
phishing scams. Email is not a secure way to send financial information.
Consumers should verify any requested changes with their real estate
professional before sending any information. If it’s a phishing email, report it to the FTC.
|Supreme Court Opinions|
STATE OF IOWA vs. DEMETRIUS S. RIMMER vs. RONA MURPHY
vs. MELONICKA THOMAS
Defendants seek further review of the court of
appeals decision that reversed the district court’s ruling dismissing criminal
charges against them for lack of territorial jurisdiction. DECISION OF
COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED IN PART AND REVERSED
IN PART; CASE REMANDED.
STATE OF IOWA vs. THEODORE RAY GATHERCOLE II
A defendant in a criminal case contends the district
court should have granted his request to poll the jury after a local newspaper
published a factually inaccurate online report about the case during
trial. COURT OF APPEALS DECISION AND DISTRICT COURT JUDGMENT AFFIRMED.
IN RE THE MARRIAGE OF ANGELA MARIE HARRIS AND PATRIC
DAVID HARRIS, Upon the Petition of ANGELA MARIE HARRIS
appeals the district court’s denial of her petition to modify the child custody
and physical care provisions of a marriage dissolution decree. REVERSED
AND REMANDED WITH INSTRUCTIONS.
|In Other News ...|
New electronic world, same rules
The Iowa Supreme Court says a man found guilty of
attempted murder and robbery won’t get a new trial, even though inaccurate
reporting on a local news website was possibly seen by members of the jury. The
case required justices to consider how its harder for jurors to avoid
information that may prejudice them during a trial in the age of social media.
Theodore Gathercole was found guilty in 2014. At the trial, jurors were
frequently told to ignore print and broadcast accounts of the case.
Iowa Public Radio
Mock trial teams head to state
Teams from two North Iowa high schools are set to compete
in The Iowa State Bar Association’s High School Mock Trial Tournament in Des
Moines. This year, students from Garner-Hayfield-Ventura and Hampton-Dumont
will take part in the 32-team competition March 28 to 30. Each school will face
off on opposing sides of the mock court in a multi-round competition.
The Globe Gazette
Judicial impeachment bill advances in
Kansas Supreme Court justices could be impeached for
behaving discourteously in the courtroom or for trying to "usurp” legislative
power under a bill approved by the state Senate on Tuesday. The proposal, now
under consideration by the Kansas House, specifies various "crimes and
misdemeanors” that would constitute impeachable offenses.
The Wall Street Journal
No retention drama in 2016. But keep
your fingers crossed
So all’s quiet on the Iowa judicial retention front, at
this hour. With all the hubbub swirling around a vacancy on the U.S. Supreme
Court, it’s easy to forget that three Iowa Supreme Court justices are on the
ballot in November. Justices Daryl Hecht and Brent Appel and Chief Justice Mark
Cady all face a retention vote. It wasn’t all that long ago that retention
barely rated mention. Then came 2010, when religious conservatives led by Bob
Vander Plaats and his Family Leader organization successfully campaigned to
toss three justices off the court. Their offense was joining the unanimous 2009
Varnum ruling striking down Iowa’s ban on same-sex marriages.
Justice Department cracks iPhone;
withdraws legal action
The FBI said Monday it successfully used a mysterious
technique without Apple Inc.'s help to hack into the iPhone used by a gunman in
a mass shooting in California, effectively ending a pitched court battle
between the Obama administration and one of the world's leading technology
Channel 7 KWWL
Chief Justice Roberts predicted the
Supreme Court nightmare unfolding right before his eyes
Chief Justice John Roberts isn’t just in charge of the
Supreme Court. His role extends, more or less, to making sure the entire
federal court system is running as it should — from his own court, all the way down
to a lowly court in Iowa... sending signals to lower courts on how they ought
to do their jobs. But in the wake of Justice Antonin Scalia’s death — and
what’s shaping up to be a hopeless political fight over Merrick Garland’s
confirmation — there’s also a need for the institutional John Roberts to speak
up, for the sake of the Supreme Court’s own ability to function.
The Huffington Post
The Iowa Lawyer Weekly is an electronic newsletter published every Wednesday. Please submit comments, letters to the editor, articles, or photos, to firstname.lastname@example.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.
TIPS & TRICKS
ADMISSION ON MOTION
The following individuals applied for admission on motion
to the Iowa Bar:
Christopher Ronald Henson, Pappas Davidson O'Connor & Fildes, P.C., Oak Park, IL
- Aimee Bataillon, Woodke & Gibbons, Omaha, NE
- Elizabeth Marie Lally, Zionsville, IN
- Leah Brown Burkhead, Mark & Burkhead, Mission, KS
Anyone with questions or comments on the above
applicants should contact: Dave Ewert at the Office of Professional Regulation,
1111 East Court Avenue, Des Moines, IA 50319; Phone: 515-725-8029.
BENEFIT OF THE WEEK
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enabling you to access and manage your content from anywhere, on any
device. With ShareFile, co-workers and clients can receive full or
partial access to the files they need, so you can work collaboratively
a member benefit, ShareFile and The Iowa State Bar Association have
agreed to provide limited ShareFile accounts for $5 a month to members.
Members who need more from ShareFile will be given a 20% discount off
any regularly priced ShareFile plan.
If you are interested in setting up a ShareFile account please call (919) 745-6241 or e-mail email@example.com to learn more.
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