of Governors to
meet next week
ISBA Board of Governors will come together for the Spring 2015 BOG Meeting at
The Iowa State Bar Association building in Des Moines March 25. The focus of the meeting will be
Access to Justice. Members are encouraged to reach out to their district
representatives prior to the meeting to discuss items on the
the consent agenda, the board is expected to appoint three attorney-members to
the Iowa Legal Aid Board of Directors, approve a resolution to appoint a new
member to the Iowa LawPAC Board of Directors and decide whether to include a
new Personal Data and Information for Mediation form provided in IowaDocs.
Governors will provide nominations for
president-elect, vice president and ABA delegate for the next year; voting will open up to the
entire membership prior to the 2015 Annual
Meeting June 15-18.
Additional action items include review of the Ways and Means Committee’s report
and the Conflicts of Interest Policy.
the legislative agenda, ISBA Legislative Counsel Jim Carney will provide a
status report on the ISBA legislative agenda.
informational reports will be presented by the Access to Justice Committee, Rural Practice
Committee, the Young Lawyers Division, the Economic Survey Task Force, the Real
Estate Section and the ABA Delegates. A Client Security Trust Fund update will
can find their BOG representatives’ contact information on the iowabar.org website by navigating to
"Member Groups,” then clicking on "Board of Governors,” or by clicking here. Also, phone numbers
for all the current BOG members can be found on page 3 of every issue of the
Iowa Lawyer Magazine.
Affirmative Legislative Program updated
Jenny Tyler, ISBA’s Assistant
Legislative Counsel, recently completed updates to the ISBA’s 2015 Affirmative
Legislation Program which is now available on the ISBA website.
A number of bills were approved by
their respective committees while others were introduced but did not advance
this session. Refer to the legislative update here
for a complete list of bills along with their status.
Lawyer Magazine available online
March/April issue of the Iowa Lawyer Magazine is now available online. Members
who elect to receive the Iowa Lawyer in print should expect their copy of the
magazine through the U.S. Postal Service in the next few days.
interested in viewing the online version of the magazine can do so 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 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 and is delivered eight times annually. The magazine informs
members on issues, events and developments in the law specific to
Iowa that impact their practices and their lives as attorneys.
regarding the Iowa Lawyer Magazine can be directed to the ISBA Communications Department at firstname.lastname@example.org or 515-697-7896.
Supreme Court request for public comment
Supreme Court of Iowa filed an order March 11 requesting public comment
regarding proposed amendments to Iowa Court Rules 35.14, Reinstatement of License After Revocation, and 31.16, Registration of Foreign House Counsel.
amendments to rule 35.14 provided
with the order can be found here. Proposed amendments
to rule 31.16 provided with the order can be found here.
Comments must be submitted no later than
4:30 p.m. May 11. See
each respective order for instructions.
Court to hear oral arguments in Decorah
April 8, the Iowa Supreme Court will hear oral arguments in Decorah, Iowa. The
proceeding will take place in the Decorah High School Auditorium, 100 Claiborne
Drive. The session, open to the public, will begin at 7 p.m.
court will hear attorneys argue in two cases:
of Iowa vs. Tyler James Webster, case no. 13-1095, from Jefferson County
Tyler Webster appealed his conviction of murder in the second degree on the
grounds of juror misconduct, including that the juror did not disclose a
familiarity with the victim's family. The Iowa Court of Appeals reversed
Webster's conviction and granted a new trial. The Iowa Supreme Court granted
the state's application for further review. The state argues that Webster
waived his claim of juror misconduct when he did not raise the issue during the
of Iowa vs. Patience Paye, case no. 14-0183, from Black Hawk County
Patience Paye appeals her conviction for second offense public intoxication,
arguing that the front steps of her home do not constitute a "public
place" for purposes of the public intoxication statute. Iowa Code section
123.46 (2013). The Iowa Supreme Court has previously held that the front steps
and common hallway of an apartment house do constitute public places, but it
has not extended that analysis to a single family home.
briefs for the cases and a guide to oral arguments are posted on the Iowa
Judicial Branch website here.
public reception with the supreme court justices will follow the oral arguments
in the Decorah High School commons.
Circuit special session in Iowa City
Circuit Court of Appeals for the 8th Circuit panel will hold a special session
at the University of Iowa College of Law on March 24. The session is open to
the public and will begin at 9:00 a.m. at the Boyd Law Building, Levitt
Auditorium, 130 Byington Road, Iowa City, Iowa.
panel, which consists of Judges William Riley, Steven Colloton, and Jane Kelly,
is planning to take questions from the audience following arguments. The total
length of the special session will be approximately an hour and a half.
should be aware that there will be U.S. Marshals on campus and they have made
several requests to ensure proper courtroom etiquette is followed during the
information about the Court’s visit is available by clicking here.
request for 'You should know better' anecdotes
ISBA YLD Diversity Committee is collecting anonymous anecdotes for a CLE
presentation at the 2015 Annual Meeting entitled "You're a Lawyer, You Should
Know Better: Anecdotal Tales of Workplace Inappropriateness.” They would
like to hear your stories about:
Insensitive workplace comments regarding gender, age, pregnancy, race/color,
sexual orientation, gender identity, religion, national origin, or
Individuals who demonstrated extraordinary sensitivity in response to an
you have a story to share, please respond to this anonymous survey here.
with questions may contact Gina Messamer at email@example.com for more details.
extends mentorship application deadline
a tremendous amount of interest from mentors across the state, the YLD extended
its application deadline for the ISBA Mentor Program so potential mentees can
take advantage of new mentorship opportunities.
applications must be submitted by May 1, and pairings will be sent out by June
1. The YLD plans to host a kick-off event for the mentor program during
the annual meeting in June. Also during the annual meeting, program participants
are invited to attend mentor training to maximize the success of mentorship
relationships. More details will follow as plans develop.
forms and more details about the mentor program are on the ISBA Mentorship Program web page. For questions,
|In Other News ...|
County launches Iowa’s first Veterans Court
of a new diversionary program have toed the edge of the figurative swimming
pool for three years now. Finally on Friday, they were able to dive in. They
hope they know how to swim. "We're
going into this just kind of jumping into the water and we'll swim when we get
there. We've hit the water," said District Judge Jeffrey Poulson after the
first session of the Woodbury County Veterans Treatment Court. There are more
than 100 such courts in the United States, but this is Iowa's first.
Sioux City Journal
guilty verdicts, dismissed charges would be expunged
proposed bill passed by the judiciary committee last week would allow not
guilty verdicts and dismissed criminal charges to be expunged from court
records that the public could access on Iowa Courts Online. Defense
attorneys, some legal organizations and legislators passionately support the
bill, saying it’s necessary to eliminate unfair treatment of individuals
acquitted or wrongly charged. They say defendants in these situations have
missed out on job opportunities, education, and even housing when a criminal
record exists. Prosecutors and the Iowa Newspapers Association are against the
bill, saying they favor open records and "it’s the public’s right to know.”
Cedar Rapids Gazette
University of Iowa
law school responds to concerns around LSAT exception
new University of Iowa College of Law program allowing academically successful
students to apply for admission without taking the traditionally-required Law
School Admissions Test could keep some high-achievers from leaving the state,
according to law school Dean Gail Agrawal. Addressing
questions from members of the Board of Regents on Wednesday, Agrawal said she
doesn’t expect the school’s "Kinnick Law Scholars” program to decrease the
quality of its students or education.
Cedar Rapids Channel 9
justices rule on appeal of former Dubuque man
former Dubuque man committed to a sex offender treatment facility can be given
supervised release, but the state must prove those terms are constitutional,
the Iowa Supreme Court ruled Friday. The court ruled 6-1 that Iowa District
Court Judge Michael Shubatt was right to impose supervised release for Calvin
Matlock, 57, from a state-run sex offender treatment facility. But it remanded
the case back to the district court to prove the release conditions are
consistent with the due process principles of the Iowa and U.S. constitutions.
Dubuque Telegraph Herald
Iowa voter rules will not take effect
registration rules enacted by former Iowa Secretary of State Matt Schultz that
critics said threatened to disenfranchise eligible voters will not take effect,
after a long-running lawsuit was resolved on Friday. The
Secretary of State's Office — now held by Paul Pate — voluntarily dismissed an
appeal to the Iowa Supreme Court that was initiated by Schultz last year
following a loss at the district-court level.
Des Moines Register
|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.|
SUPREME COURT OPINIONS
March 13, 2015
ERIC WAYNE DEMPSEY vs. STATE OF IOWA
On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Scott County, Paul L. Macek, Judge.
Defendant appeals the denial of his petition for post-conviction relief, claiming ineffective assistance of counsel during the plea-bargaining process under the Sixth Amendment to the United States Constitution. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.
STATE OF IOWA vs. LAVELLE LONELLE McKINLEY
Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.
A criminal defendant appeals the district court’s order disqualifying the entire Des Moines adult public defender’s office from representing him. REVERSED AND REMANDED.
IN RE THE DETENTION OF STEPHEN C. CURTISS, STEPHEN C. CURTISS
Appeal from the Iowa District Court for Story County, Steven J. Oeth, Judge.
A person committed under the Sexually Violent Predator Act appeals the district court’s revocation of his release with supervision. AFFIRMED.
IN RE THE DETENTION OF CALVIN MATLOCK, CALVIN MATLOCK
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.
A person committed under the Sexually Violent Predator Act alleges his release with supervision violates the Due Process Clauses of the Iowa and the United States Constitutions. AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED.
TIPS & TRICKS
BENEFIT OF THE WEEK
Lawyers are expected to meet high professional standards which are set forth in rules adopted by the Iowa Supreme Court. If a lawyer violates an ethics rule, the lawyer may be disciplined.
The Iowa State Bar Association helps its attorneys stay on the right track by providing ethics opinions on a variety of topics that are timely and relevant. A full database from 1966 to the present is searchable and available to members at no cost.