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 July 12, 2017  Past Issues

New Iowa Jury Instructions now available

The newest updates to the Iowa Jury Instructions are now available online. Instructions can be downloaded at no cost in both Word and PDF formats by ISBA members.

The ISBA's Jury Instructions Committee approved three new changes to the civil instructions, all related to constructive discharge from employment. Approved changes to criminal instructions covered leaving the scene of an accident, dissemination of obscene materials to minors and assault causing serious injury - elements.

Full details on the updates, as well as links to the downloads, are available on the jury instructions page. Members can also order a hard copy of the criminal or civil jury instructions online.


Happy Hour TODAY to welcome summer associates

The ISBA Young Lawyers Division (YLD) is hosting a happy hour this afternoon, July 12, at the ISBA office headquarters in Des Moines. Justices and judges of the Iowa Supreme Court and Iowa Court of Appeals will also be present to join the YLD in welcoming young lawyers, summer associates and law clerks to Des Moines. Snacks and drinks will be provided.

When
: TODAY, Wednesday, July 12 - 4:30 p.m. to 6:30 p.m.
Where: First floor of ISBA Building - 625 E. Court Ave. Des Moines, IA 50309
Who: All lawyers, summer associates and law clerks are invited.


Iowa lawyers urged to apply for open judgeship

Iowa Senators Joni Ernst and Chuck Grassley are inviting Iowa lawyers to submit their names for consideration for a judgeship in the Northern District of Iowa.

The senators intend to make recommendations to fill the position that will become vacant when Judge Linda R. Reade, of Cedar Rapids, takes senior status. Reade has served as Chief Judge since 2007.

Interested applicants should submit a resume, three letters of recommendation, references and a completed Senate Judiciary Committee questionnaire to Grassley’s Regional Director Fred Schuster at fred_schuster@grassley.senate.gov. Schuster will provide the questionnaire upon request by email or by phone at 319-363-6832.

These materials must be submitted by Aug. 11.


July Iowa Lawyer now available online

The July issue of The Iowa Lawyer magazine is now available online. This month’s issue reviews the events and awards of the ISBA Annual Meeting. It also features a story on a unique family legal legacy that has spanned three generations. Also included are the new class of 50-year members.

Those who no longer wish to receive the printed version of the magazine can elect to receive it electronically by navigating to their ISBA account settings and selecting "yes” for the "Iowa Lawyer Magazine Online” option.



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New state court administrator named

The Iowa Supreme Court named Todd Nuccio as the new state court administrator for the Iowa Judicial Branch. The state court administrator is responsible for the day-to-day management of Iowa's state court system.

Nuccio will replace David Boyd when Boyd retires September 7.

According to the news release from the Iowa Judicial Branch, Nuccio brings more than 30 years of court administration experience to the position, starting as the assistant court administrator in the Seventh Judicial District of Iowa (Davenport) and most recently completing 25 years as the trial court administrator for the 26th Judicial District of North Carolina (Charlotte).

Nuccio will begin his new position on September 18.


New Jersey Supreme Court committees deem Avvo's method an ethics violation

A joint ethics opinion by three New Jersey Supreme Court committees has found that fees paid to Avvo, an online legal services provider, violate a ban on lawyer-referral payments and on sharing fees with nonlawyers.

Avvo’s services include phone consultations and flat flee services such as an uncontested divorce. The company's payment process places the fee into the lawyer’s bank account and then withdraws a ‘marketing fee.’ The opinion decided that this was an impermissible referral fee, as opposed to a fee for the cost of advertising.

This opinion cited others in Ohio, South Carolina and Pennsylvania that came to similar conclusions. It also found that the services provided by LegalZoom and Rocket Lawyer would meet requirements if they were registered with the courts’ administrative office.

The New Jersey Bar Association had sought the ethics opinion, according to a press release. Full details on the opinion are available in an article provided by ABA Journal online.


ABA unveils free online tool to help veterans identify legal needs

Veterans who need help identifying legal needs in their lives can take advantage of a new online tool.

Legal Checkup for Veterans, a free website, is part of a signature initiative by ABA President Linda A. Klein to improve legal services for veterans, according to an ABA press release.

Legal technology company CuroLegal developed the website with the help of ARAG legal insurance and volunteer experts. Read more in the ABA Journal online.


SUPREME COURT OPINIONS

No. 14-0830
STATE OF IOWA vs. DALE DEAN PETTIJOHN JR.
A defendant challenges his conviction for operating while intoxicated under Iowa Code section 462A.14(1) (2013).
DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED

No. 15-0695
CHRISTOPHER J. GODFREY vs. STATE OF IOWA; TERRY BRANSTAD, Governor of the State of Iowa, Individually and in his Official Capacity; KIMBERLY REYNOLDS, Lieutenant Governor of the State of Iowa, Individually and in her Official Capacity; JEFFREY BOEYINK, Chief of Staff to the Governor of the State of Iowa, Individually and in his Official Capacity; BRENNA FINDLEY, Legal Counsel to the Governor of the State of Iowa, Individually and in his Official Capacity; and TERESA WAHLERT, Director, Iowa Workforce Development, Individually and in her Official Capacity, Appellees
Plaintiff seeks interlocutory review of district court’s grant of summary judgment.
AFFIRMED IN PART AND REVERSED IN PART

No. 15-1456
DAKOTA, MINNESOTA & EASTERN RAILROAD d/b/a CANADIAN PACIFIC, Plaintiff, vs. IOWA DISTRICT COURT FOR LOUISA COUNTY
The owner of a railroad right-of-way and bridge challenges a district court order finding it in contempt for violating a 1977 judgment imposing an injunction against a prior owner of the right-of-way and bridge.
WRIT SUSTAINED; CONTEMPT ORDER VACATED

No. 15-1578
STATE OF IOWA vs. ERIK MILTON CHILDS
Defendant seeks further review of court of appeals decision that affirmed his conviction for operating a motor vehicle while intoxicated (OWI) based on the presence of a nonimpairing metabolite of marijuana in his urine.
DECISION OF COURT OF APPEALS AND DISTRICT COURT JUDGMENT AFFIRMED

No. 16-0061
STATE OF IOWA vs. KELVIN PLAIN SR.
Defendant appeals conviction for harassment in the first degree.
AFFIRMED ON CONDITION AND REMANDED WITH DIRECTIONS

No. 16-0362
STATE OF IOWA vs. CHRISTOPHER GEORGE STORM
Defendant appeals his conviction claiming automobile exception to search warrant requirement should be abandoned.
DISTRICT COURT JUDGMENT AFFIRMED



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IN OTHER NEWS
Feds' new courthouse site 'a really, really big disappointment,' Des Moines leaders say
Federal officials threw a curveball to downtown Des Moines advocates Monday, announcing they intend to build a $137 million courthouse at the former Riverfront YMCA site.
Des Moines Register

Iowa lawyer gets $285K in false arrest settlement
Police and prosecutors will pay $285,000 to an Iowa lawyer who spent 16 days in jail after he was allegedly framed by a longtime tormentor and falsely accused of threatening witnesses and a juror.
AP News


Twitter users blocked by Trump file lawsuit
A group of Twitter users blocked by President Trump sued him and two top White House aides on Tuesday, arguing that his account amounts to a public forum that he, as a government official, cannot bar people from.
New York Times


Some judicial workload imbalances in Iowa; is redistricting the answer?
Some of Iowa’s 14 judicial districts do not have enough judges to handle their workload, while a couple of districts have more staff than they need, according to a state report.
Waterloo-Cedar Falls Courier

 

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JOB LISTINGS

Chief Operating Officer - Iowa Department of Administrative Services, Des Moines, IA

Associate Attorney - Krahmer, Shaffer & Edmundson, Ltd., Fairmont, MN

Exchange Officer - IPE 1031, West Des Moines, IA

Executive Director - Iowa Legal Aid, Des Moines, IA

Full/Part-time Attorney - The Sayer Law Group, P.C., Waterloo, IA

Chief Deputy Clerk - United States District Court, Northern District of Iowa, Cedar Rapids, IA

Associate Attorney - Reynolds & Kenline, L.L.P., Dubuque, IA

Deputy Counsel - The University of Iowa, Iowa City, IA

Labor & Employment Associate - Faegre Baker Daniels, Des Moines, IA

Litigation Attorney - McGrath North Mullin & Kratz, PC LLO, Omaha, NE

Intellectual Property, Data Security and Privacy Attorney - McGrath North Mullin & Kratz, PC LLO, Omaha, NE

Associate Counsel - Iowa State University, Ames, IA

Associate Attorney - McEnroe, Gotsdiner, Brewer, Steinbach & Rothman, P.C., West Des Moines, IA

Surety Claims Attorney - Merchants Bonding Company, West Des Moines, IA

Utility Attorney 2 - State of Iowa, Iowa Utilities Board, Des Moines, IA

Attorney 1 - Iowa Department of Revenue, Des Moines, IA

Chief Operating Officer - State of Iowa, Iowa Utilities Board, Des Moines, IA


ADMISSION ON MOTION

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

Gary Russell Leistico, Rinke Noonan, St. Cloud, MN

Mohit Khare, Heyl Royster Voelker & Allen, Rockford, IL

Mark John McClenathan, Heyl Royster Voelker & Allen, Rockford, IL

Christopher Joseph Rausch, Lockhard Companies, Cedar Falls, IA

Liliana A. Shannon, South Law, Overland Park, KS

Zachary David Terwilliger, Aegon Asset Management, Cedar Rapids, IA

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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