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    February 15, 2017
Past Issues  



Seminars this spring to assist attorneys with succession planning

The ISBA will hold regional seminars around the state this spring to help members understand the new succession planning process mandated by Iowa Court Rule 39.18 that goes into effect on Jan. 1, 2018.

Iowa Court Rule 39.18 now requires attorneys in private practice to complete their annual questionnaire, pursuant to rule 39.11, whereby the attorney identifies the attorney’s designated representative to act in the attorney’s stead in the event of death or disability. While attorneys are no longer required to execute a written supplemental succession plan, they are encouraged to so. The Iowa Academy of Trust & Estate Counsel has prepared and is making available a form succession plan agreement.

 

The seminars later this spring will discuss succession planning, the new court rules and documents. In a letter to ISBA members, ISBA Past President Joe Feller, who chairs the association’s Rule 39.18 Study Committee, stated that while attorneys are no longer required to execute written succession plans for licensure, best practices dictate that attorneys get their houses in order to ensure client needs are met should they be forced to exit the practice. The document prepared by the Iowa Academy provides a template for creating a written succession plan.

 

More information will be provided as dates and times are scheduled.


Get more involved in the ISBA by applying for section councils and committees; deadline next Wednesday

Members interested in applying for appointments to ISBA committees and section councils are urged to complete the online application before next Wednesday, Feb. 22.

Please log on to www.iowabar.org/2017CommSect to fill out the online application form. A list of the sections and committees is available on the ISBA website. Members may apply for more than one position by indicating preferences in the event a particular section council or committee is full. Applicants should note that the number of vacancies in most section councils are limited to four or fewer.

ISBA President-elect Steve Eckley will soon begin making appointments to the committees and section councils for next fiscal year. Appointments will be effective by Annual Meeting in June 2017.                                          


Follow the Statehouse action with ISBA's Legislative Report

Throughout the 2017 legislative session, you can stay up-to-date on bills related to ISBA priorities on the Legislative Report page.

The Iowa State Bar Association works tirelessly with its members to develop legislative positions that improve the administration of justice in Iowa. This is accomplished through close collaboration with the ISBA's committees, sections and bar leadership on the issues that most profoundly impact the legal community, and by monitoring all issues of concern to practitioners and their clients.

The weekly report provides information about the ISBA's legislative positions, Bar advocacy and legislation of interest. A link to the report appears each week on the right-hand column of The Iowa Lawyer Weekly.


Bar Foundation raffle ending soon

The drawing date for The Iowa State Bar Foundation raffle for a trip for two on an Alaskan Cruise is fast approaching. There are still over 100 tickets available out of 200 total for the raffle that can be purchased at the bar office for $50 each. The cruise is from July 21 to July 28 and begins and ends in Seattle, with airfare included for the winner.

The drawing for a winner will be held on March 1, or after all tickets have been sold. Due to legal restrictions, tickets must be purchased in person by cash or check, with all proceeds benefiting the Foundation. For questions, contact Harry Shipley at 515-697-7868, or hshipley@iowabar.org.

The Iowa State Bar Foundation was established in 1944 to support the efforts of The Iowa State Bar Association to advance jurisprudence and the administration of justice through education and research.

For a more complete description of the Alaskan cruise being raffled, see the official event brochure.



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Mark your calendars! CLE reporting deadline approaching

The deadline for filing your Client Security and/or CLE reports is March 10. All attorneys, except those who are full-time military, were admitted by examination in 2017 or have emeritus status, are required to file one or both reports each calendar year.

Reports are filed online using your lawyer account at the OPR website.

If you do not have the required 15 CLE hours, you will need to file for an extension. That can be done when you log into your account. Once you receive the extension, you will be able to add 2017 CLE events to your 2016 CLE transcript. There are no extensions of the Client Security Report deadline, so get it filed by March 10 to avoid penalties.

If you need assistance, call the Office of Professional Regulation at (515) 725-8029.


New rule for hearings on temporary family law orders

The Iowa Supreme Court has adopted a new rule of civil procedure addressing hearings on temporary orders related to family law. Rule 1.431(10) requires the court to conduct hearings on temporary orders in the presence of the parties who have appeared for the hearing either in person, by telephone or by video conference.

The court found that the presence of parties during hearings on important temporary matters will further the twin aims of judicial transparency and procedural fairness.

Prior to adopting the new rule, the court considered recommendations from its Family Law Case Processing Reform Task Force, as well as public comments received on the rule.


IP section offering year full of seminars

The Intellectual Property Section has released the 2017 schedule for its webinar and live section seminar series. The section is offering nine webinars and one full-day seminar for a total of 15 CLE credits.

This year's topics will include investigations at the International Trade Commission, defending against copyright trolling, defending your firm against cybersecurity threats and a primer on copyright and entertainment law.

Registration and an up-to-date list of the webinars are available online. Those who pre-register for the entire series receive a $100 discount.


SUPREME COURT OPINIONS
February 10, 2017

No. 15-0752
STATE OF IOWA vs. JAYEL ANTRONE COLEMAN
Defendant appeals conviction for driving while barred.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED

No. 15-1576
STATE OF IOWA vs. CHRISTOPHER D. BROWN
A defendant appeals the district court’s denial of two motions to suppress based on searches conducted by his stepfather, an off-duty police officer.  
DISTRICT COURT JUDGMENTS AFFIRMED

No. 16-1911
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. PAUL KEVIN WATERMAN
Grievance commission recommends the suspension of an attorney’s license for a violation of ethical rules.
LICENSE SUSPENDED


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Court sides with drug legalization group in speech dispute
Iowa State University cannot bar a student group from using the university’s logo and mascot on T-shirts advocating the legalization of marijuana, a federal appeals court ruled Monday.
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Schumacher achieves goal of district judge appointment
Had it not been for a college professor who encouraged her to consider law school, Julie Schumacher might have been the one writing this story rather than being the subject of it.
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Senator Ernst meets with Supreme Court nominee Judge Gorsuch
U.S. Senator Joni Ernst today met with President Trump’s nominee to serve on the Supreme Court of the United States, Judge Neil Gorsuch. 
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JOB LISTINGS


Litigation Attorney 
Goosmann Law Firm, Sioux City, IA

 

Transactional Attorney

Goosmann Law Firm, Sioux City, IA

 

Associate Attorney
Aspelmeier, Fisch, Power, Engberg & Helling PLC, Burlington, IA

Plaintiff Personal Injury Attorney
Hope Law Firm, PLC, West Des Moines, IA

 

Staff Attorney
Federal Home Loan Bank of Des Moines, Des Moines, IA

 

Law Clerk
Marshall County Courthouse, Marshalltown, IA

Sr. Casualty Claims Adjuster
York Risk Services Group, Johnston, IA

Special Assistant United States Attorney
United States Attorney Southern District of Iowa, Des Moines, IA

Assistant County Attorney
Des Moines County Attorney's Office, Burlington, IA

 

Equity Coordinator
Des Moines Public Schools, Des Moines, IA

 

Banking & Finance Attorney
Goosmann Law Firm, Sioux City, IA

 

Associate Attorney

Confidential Employer, Des Moines, IA

 

Family Law Attorney

Confidential Employer, Dubuqe, IA


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

Pamela Susan Hein, Hein Law Office, Lake Andes, SD

Kerry Monroe Mohan, Quarles & Brady, Madison, WI

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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The Iowa State Bar Association • 625 East Court Avenue • Des Moines, IA 50309
Ph. (515) 243-3179 • Fax (515) 243-2511
Email: isba@iowabar.org