ISBA to establish succession planning
ISBA is forming a study committee focused on the implementation of Iowa Rule
39.18 that requires attorneys to have a succession plan in place no later than Jan.
1, 2017. The study committee, chaired by ISBA Immediate Past President Joe
Feller, hopes to address some of the concerns stemming from the rule.
rule could affect more than just solo practitioners, according to Feller. After
the rule was passed late last year, the ISBA and the Iowa Academy of Trust and
Estate Counsel began preparing forms to help members satisfy rule requirements.
When it became apparent that the rule was going to need a closer look, ISBA
President Bruce Walker proposed the establishment of a study committee and
charged it to research the implementation of the rule and how it is to be
rule applies to many more lawyers than just the traditional sole practitioner
and could impact 60 percent of our bar members,” said Feller, a
solo practitioner from Sibley, Iowa. "Application of the rule as currently
drafted will also lead to important issues concerning liabilities undertaken by
the assisting attorneys as well as financial costs to the estate of the
deceased or disabled attorney.”
committee would aim to have its work completed in September of this year with a
goal of helping members meet requirements of the rule as currently drafted, or
by suggesting changes to the rule.
following ISBA members will be a part of the study committee:
Chair: Joe Feller, Sibley
David Beckman, Burlington
• John (Rick) Bierman, III, Grinnell
Philip Brooks, Cedar Rapids
• Nick Critelli, Jr., Des Moines
• Joe Holland, Iowa City
Frank Hoyt, Jr., West Des Moines
• Kate Kohorst, Harlan
• Michel Nelson, Carroll
• Deb Petersen, Council Bluffs
• Paul Wieck, II, Clive
ISBA will share updates regarding the study committee as they become available.
sought for grievance commission, disciplinary board
the authority of Iowa Court Rules 35.1 and 35.2, the Iowa Supreme Court has
asked the ISBA, as one of several lawyer organizations in the state, to provide
nominees for its Attorney Disciplinary Board
and Grievance Commission. The nominees are needed to fill vacancies
for terms beginning July 1.
lawyer positions are open on the disciplinary board and a number of positions
are open on the grievance commission. Grievance commission vacancies
exist in judicial election subdistricts 1A, 1B, 2A, 5A, 5B, 5C and 6. See
specific gender balance requirements for the positions here.
be considered for nomination, please complete and submit the ISBA
nominations online form. Alternatively, you can email the information,
using the online form as a guide, to email@example.com.
Be sure to put "Board/Commission Nominee” in the subject line.
nominations must reach the ISBA office by Friday, Feb. 12. President-elect
Arnold "Skip” Kenyon, III, and bar leadership will review the nominations and
submit them to the court.
Court adopts proposed changes to professional regulation
The Iowa Supreme Court yesterday adopted the
proposed recompilation and amendment of chapters 34, 35 and 36 in Division III
of the Iowa Court Rules governing professional regulation. However, the court
reserved for further consideration, and did not currently adopt, proposed Rule
34.11, which would explicitly exempt disciplinary proceedings from all statutes
of limitation. The changes take effect April 1.
The court’s action comes after consideration of
public comments on the three chapters. Public comments were requested in a
supreme court order filed Sept. 4.
The recompilation makes the procedure rules easier
to use and includes only a few substantive changes. Amendments to Chapter 34
consolidate general administrative provisions, such as rules creating the
disciplinary board and the grievance commission. Amendments to chapters 35 and
36 consolidate the rules governing procedure before the Attorney Disciplinary
Board (35) and before the Grievance Commission (36).
To see a summary of the amendments to the three
chapters, read the complete order here. Read the full amended chapters at this link.
January/February Iowa Lawyer Magazine
now available online
January/February issue of the Iowa Lawyer Magazine is now available online. In
this issue, ISBA's legislative team outlines this year's legislative session,
and one of the ISBA's lawyer-legislators is featured for being elected as the
Iowa House Majority Leader. Also, don't miss the interesting articles on
wrongful conviction and trial advocacy in Mexico.
can view the digital version of the magazine by clicking here or
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 Online” option.
Iowa Lawyer is free online or in print to ISBA members as part of their annual
dues. The magazine informs members on issues, events and developments in the
law specific to Iowa that impact their practices and their lives as attorneys.
Members are encouraged to submit articles and manuscripts for publication in
the magazine. Contact the communications team to discuss options and
regarding the Iowa Lawyer Magazine can be directed to the ISBA Communications
Department at firstname.lastname@example.org or
Iowa courthouse photobook available for
last spring, authors of Prairie Jewels – Iowa’s Courthouses were crowd-sourcing
their 207-page photobook. Their Kickstarter campaign, which required $5,000
worth of pledges before the project could be funded, received an overwhelming number of responses, and the book recently went to print.
book, a compilation Iowa’s 100 courthouses in panoramic images and
researched narratives, is now available for online order through the website prairiejewels.com.
of us had used Kickstarter before,” said Michael Adams, one of the book’s authors.
"We read that only 10 percent of projects actually get funded before the end of
the campaign. We watched everyday as totals grew until we actually met our
goal. It was exciting.”
the authors checked their Kickstarter app, they were thrilled that just a week
before the campaign was to end, they had reached their goal. The campaign
closed with more than $6,000 in pledges. Getting the word out made a big
impact, Adams said. He reported that 40-50 percent support came from attorneys alone.
The authors are appreciative of the support the
campaign received. Adams has been a writer, photographer, speechwriter and
editor during a rewarding career in journalism, public relations and marketing,
and David Richmond, the originator of the book idea, is a professor of art at
Simpson College and has enjoyed wide-ranging experiences in graphic design,
photography and visual storytelling over his 30-year professional career.
|In Other News ...
county budgets for courthouse security guard after 2014 shooting
Iowa county has already made security upgrades to its courthouse, but now,
it'll have to budget for a new security guard. This all comes after Former City
Manager Gus Glaser opened fire during a meeting back in September of 2014. Since then, the county has decreased the
number of entrances inside the building. It also added an outdoor drop box so there
is less traffic inside. A judge also mandated that an armed security guard be
present, but the county didn't budget for that.
KWWL Channel 7
bill to pass Iowa Senate in 2016 deals with Meskwaki’s judicial power
Iowa Senate has passed a bill that calls on congress to give more judicial
power to the Meskwaki tribe on its settlement near Tama. "Since the passage of
the 1948 law that tribe has established its own police force. All their law
enforcement officers are trained at the Iowa Law Enforcement Academy,” said
Senator Steve Sodders, a Democrat from State Center who is also a deputy
sheriff. "A tribal court has been established and all the judges of the tribal
court are law trained.”
profiles of current law students signal more troubles ahead; has low point been
decline in bar-exam scores and bar-pass rates is likely to continue through
2018, given the LSAT profiles of current law students, according to a law
professor who has examined the data. However, a turnaround could be ahead for
those graduating after that date, says Jerry Organ, a law professor at the
University of St. Thomas School of Law in Minneapolis. Organ looks at the
latest LSAT data and draws his conclusions in a post at the Legal Whiteboard.
ahead of Supreme Court ruling on life sentences for juveniles
expect the U.S. Supreme Court's ruling Monday that grants hundreds of prisoners
convicted of murder as juveniles the chance of parole to have a big impact in
Iowa. The reason: Iowa has already reversed course and abandoned mandatory
sentencing for youth. "I don’t think the decision affects us at all,” said
Kevin Cmelik, director of the criminal appeals division of the Iowa Attorney
General’s office. "We are already resentencing juvenile offenders.”
Des Moines Register
judge's guidance makes jurors suspicious of any eyewitness
state of New Jersey has been trying to help jurors better assess the
reliability of eyewitness testimony, but a recent study suggests that the
effort may be having unintended consequences. That's because a new set of
instructions read to jurors by a judge seems to make them skeptical of all
eyewitness testimony — even testimony that should be considered reasonably
Iowa Public Radio
The Iowa Lawyer Weekly is an electronic newsletter published every Wednesday. Please submit comments, letters to the editor, articles, or photos, to email@example.com. 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.
SUPREME COURT OPINIONS
STATE OF IOWA vs. KENT ANTHONY TYLER III
State seeks further review of a decision of the court of appeals reversing the
defendant’s second-degree murder conviction for insufficient evidence. DECISION OF COURT OF APPEALS VACATED;
DISTRICT COURT JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART AND CASE REMANDED.
UZMA AMIN vs. IOWA DEPARTMENT OF HUMAN SERVICES
challenge to the timeliness of an appeal from a ruling and order by the
district court dismissing a case for lack of jurisdiction. APPEAL DISMISSED.
DARLA LEGG and JASON T. LEGG, on Behalf of
Themselves and All Persons Similarly Situated vs. WEST BANK
moves for interlocutory appeal from a district court ruling certifying class
action status. DECISION OF DISTRICT
COURT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
DARLA LEGG and JASON T. LEGG, on Behalf of
Themselves and All Persons Similarly Situated vs. WEST BANK
applied for interlocutory appeal from a district court ruling denying its two
motions for summary judgment. DECISION
OF DISTRICT COURT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
DEBORAH E. McFADDEN, Individually and as
Administrator of the Estate of Charles Walter McFadden, Jr., Deceased vs.
DEPARTMENT OF TRANSPORTATION, STATE OF IOWA
surviving spouse who is the administrator of her deceased husband’s estate
seeks further review after the district court and court of appeals both
concluded she failed to exhaust her administrative remedies under the Iowa Tort
Claims Act before filing a wrongful-death lawsuit. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED
JOHN GANSEN and ELAINE BRIES, as Trustees of
the FRANCES A. GANSEN DECLARATION OF TRUST vs. JAMES B. GANSEN
lessee appeals a district court ruling on the validity of an agricultural lease
under the Iowa Constitution. AFFIRMED.
STATE OF IOWA vs. ADAM CHRISTOPHER DAHL
defendant appeals a district court decision denying his request for an ex parte
hearing to determine whether he is entitled to appointment of a private
investigator at state expense. REVERSED
REMANDED WITH DIRECTIONS.
Iowa Supreme Court recently issued orders granting or denying application for
further review in 39
TIPS & TRICKS
- Business Attorney, Arenson & Mass, P.L.C.
- Associate Attorney, Lynch Dallas, P.C.
- Associate Attorney, Leff Law Firm, L.L.P.
- Contract Attorney, Confidential Listing
- Labor & Employment Attorney, Endacott, Peetz & Timmer, P.C., L.L.O.
- Assistant Managing Attorney, Iowa Legal Aid
ADMISSION ON MOTION
following individuals applied for admission on motion to the Iowa Bar:
- Valerie Therese Herring, Briggs and Morgan, Minneapolis, Minnesota
- Brent Christopher Kleffman, Peterson, Logren & Kilbury, St. Paul, Minnesota
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
is vital that firms have Professional Liability coverage in place. Not
having coverage can put a firm at risk. That’s why The Iowa State Bar
Association partnered with Lockton Risk Services to develop the
ISBA Insurance Program. Developed under the guidance of ISBA, the
program offers the professional liability coverage Iowa law firms need
to protect their practices at competitive rates that may not be
available anywhere else.
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