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10/6/2016
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    February 3, 2016
Past Issues  

District judicial nominating commission election results

Yesterday, Iowa State Court Administrator David Boyd announced the district judicial nominating commissioner election results. A total of 15 attorney positions were filled in each of Iowa’s 14 judicial election subdistricts.

Congratulations to the following lawyers who were elected to a District Judicial Nominating Commission:


1A JUDICIAL ELECTION DISTRICT
Whitney L. Schiller - Waukon

1B JUDICIAL ELECTION DISTRICT
Nina M. Forcier - Waterloo

2A JUDICIAL ELECTION DISTRICT
Joel J. Yunek - Mason City

2B JUDICIAL ELECTION DISTRICT
Stuart J. Cochrane - Fort Dodge

3A JUDICIAL ELECTION DISTRICT
Abby L. Goettsch Walleck - Spirit Lake

3B JUDICIAL ELECTION DISTRICT
Jennifer M. Zupp - Denison

4 JUDICIAL ELECTION DISTRICT
Thomp J. Pattermann - Council Bluffs
5A JUDICIAL ELECTION DISTRICT
Meggan L. Guns - Adel

5B JUDICIAL ELECTION DISTRICT
Loretta L. Harvey - Creston

5C JUDICIAL ELECTION DISTRICT
Gerald B. Feuerhelm - Des Moines
Brooke C. Timmer – Johnston

6 JUDICIAL ELECTION DISTRICT
Darin H. Luneckas - Cedar Rapids

7 JUDICIAL ELECTION DISTRICT
Jennie L. Clausen - Davenport

8A JUDICIAL ELECTION DISTRICT
John R. Webber - Ottumwa
(Voting resulted in a tie vote. Winner determined by lot.)

8B JUDICIAL ELECTION DISTRICT
Nicholas G. Pothitakis - Burlington

With the exception of judicial election district 5C, all districts elected one eligible elector. The persons elected were selected in part based on a requirement that there be gender diversity pursuant to Iowa Code §46.4 and 602.11111(3)(2015). Members of the district judicial nominating commissions serve six-year terms.

Questions about the commission may be directed to dist.nominating.commis@iowcourts.gov or 515-281-5241.


Living Trusts video now available

A new "Living Trusts” video has been added to the "You and the Law” series on the ISBA website. Narrated by District Court Judge Artis Reis, the video explains what a living trust is and the pros and cons of creating a living trust. The nearly 14-minute-long video can be shown to clients to give them background information on living trusts so they are more knowledgeable when discussing estate planning with their attorneys.

The video asks and answers such questions as:

  • Why are living trusts popular?
  • Does a living trust save taxes?
  • How do I transfer assets to the trust?
  • What if all of my property isn’t transferred?
  • Can I change my mind?

To view the video and recommend it to clients, click here. To see all of the videos in the "You and the Law” series, click here.



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Career center features unique professional resources for jobseekers

With the launch of the new career center last month, the ISBA is now able to offer some unique new features. A new feature includes professional resources that are now available to help prepare jobseekers for their job searches.

The services include resume writing, to help craft resumés and cover letters; reference checking, to see what references are saying about candidates; and career coaching, for candidates who are looking for advice on where to focus their careers. These services can be found in the jobseekers section of the new career center.

In addition to the new professional resources, jobseekers will be able to register for an account, explore available jobs, set up job alerts and apply for jobs or save jobs for future reference. Career center users who register for an account and upload a resumé can elect to make it searchable for hiring employers or store it for future job applications.

Job-seeking members are encouraged to register for an account on the new site. To begin the process, visit the new site at http://careers.iowabar.org. For questions regarding the new career center, contact Zach Zuber at 515-697-7864 or zzuber@iowabar.org.


Intellectual Property Law section offers savings on bundled webinars, live seminar

The ISBA’s Intellectual Property Law section is taking a new approach to its webinar series and live seminar. Interested individuals can sign up for the entire series of nine live webinars and the daylong live seminar at a discounted price compared with purchasing each webinar and the live seminar separately. The discount is approximately 25 percent for section members, 20 percent for ISBA members who aren’t members of the section, and 12 percent for non-ISBA members.

Selecting the "bundle and save” option automatically registers the individual for the entire webinar series and for the live seminar. Any materials related to the live webinars, as well as joining instructions, will be sent via e-mail prior to the event. Click on this link for more information and to register. Registration for the bundle and save option must be received in the ISBA office by April 19.

Although the bundle and save option results in a discounted price, interested individuals may still sign up for one or more specific webinars at regular prices.

The Intellectual Property Law section will sponsor live webinars each month in 2016, except for January, October and December. The first webinar will be held on Feb. 16. A list of the webinars through June can be seen at the link listed above. Topics and speakers for the later webinars are still being determined, as is the CLE credit available for the entire bundle.


Supreme Court Opinions
Jan. 29

No. 13-1926

GARY A. KOBAL vs. WELLS FARGO BANK, N.A., as Trustee for MLMI Trust Series 2005-HE2, and Any and All Unknown Parties in Possession of the Real Estate Located at Lot 11 in Kingswood Estates Plat 3, an Official Plat, Now Included in and Forming Part of the City of Urbandale, Iowa, Des Moines, Iowa. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge. Mortgagor seeks further review of a court of appeals decision affirming the district court’s ruling on a quiet title action. AFFIRMED.

No. 14–1536

IN RE THE MARRIAGE OF RICHARD C. MAUER AND CAROL K. MAUER, Upon the Petition of RICHARD C. MAUER. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Black Hawk County, Jon Fister, Judge. Both parties seek further review of the financial provisions in their dissolution decree. DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED AS MODIFIED.

No. 14–2095

U.S. BANK NATIONAL ASSOCIATION, as Trustee in Trust for SASCO 2006-BC3 Trust Fund vs. JEREME L. LAMB; BANK OF AMERICA, N.A.; NATIONSTAR MORTGAGE, LLC; STATE OF IOWA, DEPARTMENT OF REVENUE; U.S. BANK NATIONAL ASSOCIATION, as Trustee For The C-BASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-SL1.

On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge. Mortgagor seeks further review of a court of appeals decision affirming the trial court’s grant of summary judgment in favor of the mortgagee bank. AFFIRMED.

No. 14–2095

REGIONAL UTILITY SERVICE SYSTEMS vs. CITY OF MOUNT UNION, IOWA. Appeal from the Iowa District Court for Henry County, John M. Wright, Judge. A city appeals a district court order finding its bank account was not exempt from execution under Iowa Code section 627.18 (2013). REVERSED AND REMANDED.



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In Other News ...

Why Courts Matter: the Iowa Caucus

The judicial emergency crisis in our federal courts is too often an issue left out of major political conversation. This has also been true of the 2016 Iowa caucus season. Because of this, Why Courts Matter Iowa (a coalition of Iowa organizations dedicated to ending the judicial vacancy crisis and ensuring the federal judiciary reflects America's diverse population) has sent representatives to presidential campaign events throughout Iowa to ask candidates one question: "As President, what would you do to alleviate the federal judicial emergency crisis?"

Huffington Post

New Iowa law allows records of criminal acquittals and dismissals to be expunged

As an employment attorney, I am frequently asked whether charges can be expunged under Iowa law. Until recently, Iowa law only permitted expungement in juvenile delinquency cases; certain PAULA (possession of alcohol under the legal age) cases, public intoxication and consumption, and deferred judgments. On January 1, new Iowa Code Section 901C.1 went into effect, which allows expungement of criminal court records if the charges were dismissed or the defendant was acquitted. The expungement process for these new dismissals and acquittals will be the same as the existing process under Section 907.1 of the Iowa Code.

Iowa HR Lawyer

Constitutional questions win Peet student trip to D.C.
Volunteering to take a test on the U.S. Constitution may not be many students’ idea of fun. But Peet Junior High School freshman Jenis Jusufovic jumped at the chance. His social studies teacher announced to the class in October they could take a 50-question multiple choice test on the topic and write an essay. He estimates spending about 15 hours over several weekends in November completing the assignments, mostly on writing the essay. The extra work did have a silver lining. Participants in the "Know Your Constitution” project could win an all-expense-paid trip to Washington, D.C., for a five-day education seminar sponsored by the Close-Up Foundation. The competition is offered annually to students in grades nine to 12 through the Iowa State Bar Association’s young lawyers division.

Waterloo/Cedar Falls Courier

WellCare appeals to court to keep Iowa Medicaid contract

WellCare of Iowa, one of the four companies initially awarded a state contract to help manage Iowa’s $5 billion Medicaid program, fought on Monday to keep its foothold after a state arbiter ruled in December that its contract should be thrown out. The company went before a district court judge to appeal a decision by Janet Phipps, director of the State Department of Administrative Services, who in December said the company had failed to disclose in its bid a corporate integrity agreement and information regarding $137.5 million in fines to resolve false claims litigation.

Quad-City Times

What are some of your go-to words and phrases in your legal writing?

This week, we wrote about computer scientists who developed an algorithm to help discern the authors of unsigned U.S. Supreme Court opinions. The program analyzed signed opinions and identified words, phrases and sentence structure characteristic of each justice’s writing style. For instance, it determined that Justice Antonin Scalia likes to use the word "utterly,” while Justice Ruth Bader Ginsburg likes to start sentences with "notably.”

ABA Journal


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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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Jan. 29


TIPS & TRICKS

    JOB LISTINGS


    ADMISSION ON MOTION

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

    • Catherine Lynn Stegman, Sodoro Daly Shomaker & Selde, Omaha, Nebraska

    • David Caves, Cedar Rapids, Iowa

    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


    IowaDocs® is a library of hundreds of legal documents created, endorsed and copyrighted by The Iowa State Bar Association that have been automated using HotDocs. These templates ask questions and automatically create customized documents based on the answers given. This member benefit will save time, effort and money in the production of repetitive documents and forms.

    Visit www.iowadocs.net to learn more.

    See more ISBA member benefits here

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