Key Iowa Judicial Branch
director retiring; applications for the position due June 3
Iowa Judicial Branch yesterday posted a job description for director of the
Office of Professional Regulation (OPR) of the Iowa Supreme Court. The
successful applicant will succeed Paul Wieck, II, who is retiring Dec. 22.
joined the judicial branch Jan. 1, 2002 as director of what was then known as the Supreme
Court Commissions. In early 2008, the office name changed to
the Office of Professional Regulation and the scope of the office expanded. After the expansion, Wieck was responsible for overseeing the Attorney Disciplinary Board, Court
Interpreters and the Board of Law Examiners.
prior to becoming OPR director, Wieck was in private practice with the
Reynoldson law firm in Osceola, Iowa. Prior to that, he served as commissioner
of the Iowa Department of Public Safety for 10 years. His legal career, which
began in 1982, also included clerking and serving as assistant to Chief Justice
Ward Reynoldson, and practicing with the Reynoldson firm from 1983-1990. (Look for more information about Wieck and
the impact his career as director of the OPR has had on Iowa’s legal profession
in a future issue of the Iowa Lawyer magazine.)
OPR director oversees the administration of key boards and commissions and the
program functions performed by those commissions. Read the full job
description, including responsibilities and qualifications, here. Deadline for applying is
4:30 p.m. June 3.
Russian cyber criminal
targeting law firms
A Russian cyber criminal has been attempting
since January to hire hackers to break into law firms’ computer systems to
enable him to trade on insider information. At this point, his focus has been on nearly 50
"elite” law firms around the U.S. and in the United Kingdom according to an article in Crain’s Chicago Business.
Kevin Johnson, senior vice president, program
executive for Lockton Affinity, L.L.C., the ISBA’s endorsed provider of
professional liability insurance, brought the article to the ISBA’s attention.
The article doesn’t indicate that any Iowa law firms have been targeted, but
it’s good to be aware that hackers are at work.
The plan, according to the article, is
the law firms' networks, then use keywords to locate drafts of merger
agreements, letters of intent, confidentiality agreements and share purchase
agreements.” The purpose is to "know in advance which companies were going to
be merged with the help of the stolen law firm documents and subsequently
leverage this information to execute algorithmic insider trading activities,”
the article states. Read the article here.
Marion Home School team repeats as High School Mock Trial champion
A team from the Marion Home School
Association won the 2016 High School Mock Trial championship in the state
tournament held last week, March 28-30. It was the second consecutive year the
team, known as the "Slayhawks,” has captured the state championship. As the
state champion, the team will compete in the national tournament in Boise,
Idaho, on May 12-15.
The Marion team, which was coached by
attorney Matt Dake, and teacher Dana Miller, defeated a Johnston High School
team in the semifinals to advance to the finals. They narrowly defeated a team
from Valley High School in West Des Moines, Iowa, to capture the championship.
The Valley team was coached by attorneys Sarah Franklin and Maggie Hanson, and
teacher Stefanie Kaylor.
A complete list of the top 12 teams, as
well as an alphabetical listing of the 22 other teams who competed in the state
tournament, can be found here. The list also contains the names of the outstanding attorneys, the
outstanding witnesses and the winners of the Judge Anthony Critelli Award for
sportsmanship, civility and courtroom decorum. The attorney and witness winners
are selected by the judges scoring the competitions. The Critelli award is
determined by the members of all the teams competing in the tournament.
Register today for the ISBA Commercial and Bankruptcy
Section’s Annual CLE
A message from Desirée Kilburg, Commercial and
Bankruptcy Section CLE Committee Chair
The Commercial and Bankruptcy
Section’s CLE event will be held April 22 at ISBA Headquarters in Des Moines, Iowa.
We are pleased to offer this CLE event by live webinar. This year’s program is
designed to appeal to a broad spectrum of practices, and features discussion of
complex issues including legislative and case law developments in areas of
bankruptcy, business litigation and agricultural law.
Featured speakers include the
Honorable Charles L. Nail, chief bankruptcy judge, District of South Dakota,
Sioux Falls, South Dakota, and the Honorable Anita L. Shodeen, chief bankruptcy judge, Southern District of Iowa, Des Moines, Iowa. Both serve on the
Bankruptcy Appellate Panel for the Eighth Circuit and will present on
bankruptcy case law developments and appellate advice. This event will provide
6.75 state and 4.25 federal CLE hours (1 hour of ethics included). Federal
credit is pending.
For a complete schedule and more information, click here.
To register early for a discounted rate, click here.
Iowa Supreme Court Justices to hear oral arguments, meet area students in Clinton next week
of the Iowa Supreme Court will hear oral arguments for one case next
Thursday evening, April 14, in Clinton. While in the Clinton area, the
justices will meet with students at high schools in Clinton, Camanche,
Tipton, DeWitt and Maquoketa to discuss the Iowa judicial system and the
role of the courts.
The supreme court will hear lawyers argue in the case:
State of Iowa v. Mar'yo D. Lindsey, Jr.
The defendant seeks further review from the Iowa Supreme Court after the Iowa Court of Appeals affirmed his conviction for possession of a firearm as a felon, carrying weapons on school grounds, going armed with a dangerous weapon, and possession of a controlled substance. Appellant contends that after he was injured in a high school football game, school officials conducted an unreasonable search of his school-issued football equipment bag constituting an unreasonable search and seizure under the Fourth Amendment in violation of his constitutional rights.
To read more about the visit including time schedules at the schools and attorney briefs for the two cases, view the Iowa court’s press release on iowacourts.gov.
Iowa Title Guaranty Spring Conference, April 26
The 2016 Iowa Title
Guaranty Spring Conference will be held April 26 at the Prairie Meadows Event
Center in Altoona.
highlights will include timely updates on a variety of topics for real estate
attorneys and real estate settlement professionals, including an examination of
lender best practices, key issues, challenges, and opportunities in light of
the implementation of TILA-RESPA
include "Back to the Best Practices: Where are lenders on best practices
yesterday, today and in the future?”, "TRID Post-Implementation Challenges,
Common Mistakes and Liability,” and "A Path Forward – Major Issues Facing the
Industry and the Opportunities that Exist.”
information about the agenda, click here. To register,
|Supreme Court Opinions
THE INTEREST OF J.C., Minor Child J.C., Minor Child
adjudicated as a delinquent seeks further review of a court of appeals decision
affirming the adjudication. DECISION OF COURT OF APPEALS AND JUVENILE
COURT JUDGMENT AFFIRMED.
LEE JUST, NOELLE MARIE MARCHANT HUGHES, and TRAVIS CLINTON HUGHES vs. FARMERS
AUTOMOBILE INSURANCE ASSOCIATION d/b/a PEKIN INSURANCE
The drivers of
two vehicles that collided with a wrong-way SUV appeal the grant of summary
judgment to the SUV driver’s insurer in a declaratory judgment action, arguing
there was more than one "accident” for purposes of the insurance policy’s
limits on liability. AFFIRMED.
|In Other News ...
You can wipe acquittals, dismissals
from Iowa Courts Online
The state of Iowa is at the forefront of providing public
access to online court records. Most of the information is available at no
cost, 24 hours a day, 365 days a year. Want to learn more about your neighbor’s
divorce? Check Iowa Courts Online. Want to figure out if your child’s college
roommate has had a brush with the law? Check Iowa Courts Online... But what if,
instead of the searcher, you were the one being searched? And what if your
information was still on Iowa Courts Online even though you were found not
guilty of a crime or the charge was dismissed?
The Des Moines Register
Grassley agrees to meet with Court
Sen. Chuck Grassley and Supreme Court nominee Judge
Merrick Garland will sit down over breakfast to discuss why the Iowa Republican
opposes setting a hearing on the nomination. Grassley, chairman of the Senate
Judiciary Committee, said he spoke with Garland on Monday and invited the
federal judge to breakfast in the Senate dining room. The time and date are to
be determined.Grassley has repeatedly said he’s standing on principle in
refusing to hold hearings on President Barack Obama’s Supreme Court nominee.
Quad City Times
Court rejects challenge on ‘One Person One Vote’
The Supreme Court unanimously ruled on Monday that states
may count all residents, whether or not they are eligible to vote, in drawing
election districts. The decision was a major statement on the meaning of a
fundamental principle of the American political system, that of "one person one
"We hold, based on constitutional history, this court’s
decisions and longstanding practice, that a state may draw its legislative
districts based on total population,” Justice Ruth Bader Ginsburg wrote for the
The New York Times
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