Editor’s note: Our next electronic newsletter will be June 24th. Next week, all bar association
staff will be at the Annual Meeting where we hope to see you!
ISBA members, legislative counsel impact
successes of 2015 legislative session
2015 Iowa Legislative Session ended Friday, June 5, with a number of ISBA
Affirmative Legislative Agenda successes. This legislative session’s standings
bill, SF510, which includes sections that appropriate $178.7 million to
Iowa courts, was ultimately passed after various revisions in conference
the final conference committee report was passed as SF510, there was a
significant amount of policy that both chambers attempted to insert,” said ISBA
President Joe Feller. "The ISBA legislative team did an outstanding job
monitoring each and every revision to keep potentially harmful legislation out
of the bill.”
to the legislative team, many ISBA members took the time to communicate with
their local legislators during the legislative session. Additional
successes include changes requested by
the court to increase efficiency, an update to Iowa human trafficking law, removal of the
$25 per hour indigent defense language from justice appropriations,
indigent defense funding set at $29.75 million and reinstatement of funding in
the amount $288,666 for the Office of the Substitute Decision Maker.
"The efforts of the ISBA legislative team were very successful,” Feller went on to
say. "Thanks in large part to the
legislative team, the ISBA has great relationships with both the House and Senate, and that is apparent from the
results of this year’s legislative program.”
A full legislative
report will be presented at the Board of Governor’s meeting during the 2015
ISBA Annual Meeting next week. Look for the full legislative report in an
upcoming Iowa Lawyer Magazine.
Join the conversation: Iowa White House
Conference on Aging Dialogue, June 26
Iowa communities equipped to offer the wide range of services aging individuals
will need to maintain their long-term independence? Do older Iowans and their
families know what types of services they need and which ones are available
locally? These questions and more will be addressed as part of a statewide
community conversation hosted by the Iowa Area Agencies on Aging at seven
locations throughout Iowa, Friday, June 26, from 10 a.m. to noon.
event will help attorneys stay in touch with the needs of clients,” says Greg
Kenyon, ISBA Elder Law Section chair. He encouraged members of the ISBA to
attend at any of the locations including Des Moines, Cedar Rapids, Council
Bluffs, Davenport, Mason City, Sioux City and Waterloo. The Des Moines community
conversation will take place at ISBA Headquarters.
event is free and open to the public. Seating at each location is limited, so
advance registration is recommended. For additional information or to
register, visit www.iowaaging.gov/conversations or
call LifeLong Links at 866-468-7887.
Last minute 2015 ISBA
Annual Meeting announcements
The 2015 ISBA Annual Meeting, scheduled to be held next
week (June 15-18) at the Community Choice Credit Union Convention Center in downtown Des Moines,
is almost here. Below are a few announcements to note:
Time is running out to register. Any registrations received after June 11 will incur a $50 walk-in/late fee. To make sure you don’t miss out on the lower
rate, register today by clicking here
and completing the online form.
Ticketed Events/Luncheons. Due to limited space, annual meeting attendees must
purchase tickets for any of the following ticketed events by close-of-business
tomorrow, June 11: Law School Luncheons,
Luncheon Honoring the Iowa Supreme Court, the 50-Year Member Luncheon and the
ISBA Annual Awards Gala.
you’d like to attend one of these events but have already registered, contact
Christy Cronin at 515-697-7874 or email@example.com to make or alter your reservations. If you have not yet
registered, click here
to register and be sure to include the ticketed events when completing the
Rooms are selling out fast. Of the three hotels offering reduced rates, the
Quality Inn & Suites still has room availability and are honoring the group
rate of $94.95 (tax and fees not included). The hotel is located at 929 3rd
Street in downtown Des Moines. Call 515-282-5251 to make your reservation, and
be sure to mention you are with the ISBA.
To see the complete schedule, view the official 2015 ISBA Annual Meeting
program here or download the free 2015 Annual Meeting App here.
RSVP for ABA President-elect nominee visit
Linda Klein, the ABA President-elect nominee, Thursday, July 2, from 12 p.m.
to 1:30 p.m., in Mason City, Iowa, at the Historic Park Inn. Klein wants ISBA members'
sincere input as she plans the future direction of the ABA and invites Iowa
attorneys and judges to join her to tell her how the ABA can be more helpful.
is rare when the primary national spokesperson for our profession seeks the
input of ‘main street lawyers’ in this manner and format,” says ISBA Executive
Director Dwight Dinkla. The
Historic Park Inn, designed by Frank Lloyd Wright, offers a unique venue
for this important dialogue.
For more information about Linda Klein, click here to read last
week’s article.The event is free for all to attend. For those interested in dining, there is a small fee of $10 so long as reservation is received by June 25. After June 25, the cost of the meal is $20. RSVP to ISBA Meetings Coordinator Lisa Hanson via
email at firstname.lastname@example.org.
Questions about the event may be directed to ISBA Executive Director Dwight
Dinkla via email at email@example.com.
Celebrate the I.O.W.A. past, present and
future, June 15
the Iowa Organization of Women Attorneys for a series of "flash
panels" at its 30th Annual Meeting Banquet and Awards Presentation,
Monday, June 15. The annual business meeting will begin at 5:30 p.m. at Forte,
615 3rd Street, Des Moines, Iowa. A social hour will take place
prior to the 7 p.m. banquet.
the banquet program, "flash panels” will share their historical knowledge of
the I.O.W.A. along with some of the successes and challenges each of these
attorneys faced in founding and leading the organization, as well as the I.O.W.A.’s
impact on their own professional lives and careers. As a preface to the Annual
Arabella Mansfield Award and the Gertrude Rush Award presentations, several
past award winners will share their brief thoughts on what the award meant to
them personally and professionally.
more information about the event, click here. Last-minute
RSVPs may contact I.O.W.A. Annual Meeting Co-Chair Emily Chafa at firstname.lastname@example.org or email@example.com. To
learn more about I.O.W.A., click here.
|In Other News ...
Supreme Court rules end of marriage has to include property distribution
Iowa Supreme Court has ruled marriages in the state can’t be ended without all
the property involved being divided up. The case involved Susan and Ronald Thatcher,
who were married in 1984. Susan
was diagnosed with terminal cancer in January 2013 and filed to end the 29-year
marriage, saying their relationship had broken down. The two had been living
apart and Susan said it was "highly unlikely” that she would survive her
condition for a trial on the dissolution of their assets.
Law Blog: Legislature passes bill affecting Iowa trusts and estates
Legislature just passed House File 661, which was proposed by the Probate and
Trust Law Section of the Iowa State Bar Association and supported by the Iowa
Academy of Trusts and Estates Lawyers.
JDSupra Business Advisor
5 questions answered on the legal challenge to Obamacare subsides
the end of June, the Supreme Court is expected to rule on King v. Burwell, a
case challenging the validity of the federal tax subsidies that help millions
of Americans buy health insurance if they don't get coverage through an
employer. If the court rules against the Obama administration, those subsidies
could be cut off for people in about three dozen states using HealthCare.gov,
the federal exchange website.
Iowa Public Radio
County boosts courthouse security
County is joining the ranks of others upgrading courthouse security. By
unanimous vote Thursday morning, the county's board of supervisors approved the
installation of a keyless entry system. With the new system, county employees
will enter the building using I-D cards swiped through an electronic scanner.
Montgomery County Auditor Stephanie Burke worked with Emergency Management
Services Director Brian Hamman and I-T Director Ryan Ernst on improving the
courthouse's security. Burke tells KMA News the improvements are based on Iowa
judicial court guidelines on courthouse and public building safety.
bills passed and died in 2015 Iowa Legislature
you ignite a bottle rocket or firecracker on July Fourth this year, it still
won't be legal in Iowa. But don't worry about being pulled over by a state
trooper while making a call on your hand-held cellphone because there's no
violation of state law. Those are two of the many implications of the Iowa
Legislature's 2015 session, which has headed home after enacting scores of new
laws and leaving behind a long list of rejected bills.
The Des Moines Register
Nation's high court to hear Iowa class-action case
U.S. Supreme Court has agreed to hear a case next term involving a $5.8 million
class-action lawsuit arising from a pork processing plant in northwest Iowa.
Tyson Foods Inc. say that employees at its Storm Lake facility don't have
enough in common to join in a single class-action lawsuit.
|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
June 5, 2015
IN RE THE MARRIAGE OF SUSAN MICHELLE THATCHER AND
RONALD DEAN THATCHER Upon the Petition of SUSAN MICHELLE THATCHER, Petitioner,
ANNA CARSON as Executor for the ESTATE OF SUSAN MICHELLE THATCHER
On review from the Iowa Court of
Appeals. Appeal from the Iowa District Court for Linn County, Marsha M.
Appellant seeks further review of court of appeals decision
dismissing his appeal of district court order granting bifurcated decree of
dissolution of marriage without division of property. DECISION OF COURT OF
APPEALS VACATED; DISTRICT COURT DECREE REVERSED; PROCEEDINGS ABATED; CASE
REMANDED FOR DISMISSAL.
MOINES AREA REGIONAL TRANSIT AUTHORITY and UNITED HEARTLAND vs. ARBREINA YOUNG
review from the Iowa Court of Appeals. Appeal from the Iowa District Court for
Polk County, Eliza J. Ovrom, Judge.
An injured worker awarded workers’
compensation benefits following a hearing seeks further review of a decision by
the court of appeals denying the assessment of expenses of a medical
examination as costs of the hearing taxed to the employer. DECISION OF COURT OF
APPEALS AFFIRMED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED.
TIPS & TRICKS
BENEFIT OF THE WEEK
purpose of jury instructions is to give the law to the jury in language
they can understand. The Iowa Civil and Criminal Uniform Jury
Instructions are written in plain English. While the Iowa Supreme Court
cannot give prior approval to the instructions, the Court has
unanimously approved, in principle, the plain English redraft of the
Iowa Civil and Criminal Jury Instructions. The court also adopted a
resolution commending the Civil Instructions for consideration by the
Access the Civil Jury Instructions here.
Access the Criminal Jury Instructions here.