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    October 19, 2016
Past Issues  



Iowa Supreme Court requests comments on new civil procedure rule

The Iowa Supreme Court has requested public comments on a proposed addition to the Iowa Rules of Civil Procedure addressing hearings on temporary orders. The rule, 1.431(10), would require these hearings be conducted in the presence of parties who have appeared either in person, by phone or by video conference.

The proposal was created after the court’s Family Law Case Processing Reform Task Force recognized that virtually every issue impacting the parties and their children were addressed in the temporary matters hearing. This could lead to frustration or confusion about the process even though the party’s attorney is present to explain the situation.

Interested parties are asked to submit comments regarding the rule no later than 4:30 pm, Dec. 13. Instructions for submissions, as well as the order requesting comment, can be found at the Supreme Court website. Alternatively, bar members who want to voice their opinions regarding the proposed court rule are welcome to attend the next meeting of the ISBA Family and Juvenile Law Section scheduled for 3 p.m. on Oct. 26th at the West Des Moines Marriott Hotel. Section Chair David Cox has placed this proposed rule on the meeting agenda for discussion.

Discussions with Iowa Land Title Association and Iowa Title Guaranty representatives

The Iowa State Bar Association Real Estate Section, chaired by Scott Hall, recently hosted a meeting of representatives of the Iowa Land Title Association, Iowa Title Guaranty and The Iowa State Bar Association. The goal was to discuss issues that would assist Iowa Title Guaranty in ensuring that abstractors and attorneys have a competency in their areas of practice to ensure that Iowa Title Guaranty is operating efficiently. There is a concern about the quality of work being performed by some abstractors as well as the quality of title opinions being rendered by some attorneys who are participating in the program.

The representatives additionally discussed potential legislation during the upcoming legislative session. The Iowa Land Title Association and The Iowa State Bar Association Real Estate Section will be working together to make proposals to Iowa Title Guaranty as to how it can enhance its program and ensure the competency of persons participating with Iowa Title Guaranty.

District court judgeship open in District 5C

Applications for a district court judge vacancy in Judicial District 5C that resulted from the resignation of Judge Rebecca Goodgame Ebinger are being accepted until Nov. 2.

District court judges in 5C are general jurisdiction trial judges presiding over civil law and equity, criminal and family court proceedings primarily in Polk County, but also as assigned throughout the 16 counties that make up the fifth judicial district. Applicants must be an attorney admitted in Iowa, a resident of Judicial District 5C and be able to complete the initial and one regular (six years) term of office prior to reaching the age of 72. Interviews will be held on Thursday, Nov. 17.

Details on how to apply can be found on the judicial branch website at this link.
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Get to know your justices: Justice Daryl Hecht

Justice Daryl Hecht is one of the three Iowa Supreme Court justices standing for retention this Nov. 8. In an effort to educate members and the public about him and his fellow justices and judges, The Iowa State Bar Association has built a website, judicialfacts.org, which compiles the biographies and Judicial Performance Evaluation scores of each judge up for retention.

This week a complete interview with Justice Hecht conducted by former Des Moines Register editorial writer Rox Laird has been added to the website. In the article, Justice Hecht talks about his motivation for joining Iowa’s appellate courts despite having a busy litigation practice with a law firm in Sioux City. He served first on the Iowa Court of Appeals before being appointed to the Iowa Supreme Court in 2006. When he’s not involved in the court’s work, Justice Hecht enjoys helping his wife, Sandy, with her greenhouse operation and playing his acoustical guitar and singing.


Family Law Seminar begins next week

This year’s Iowa State Bar Association Family Law Seminar featuring Forrest “Woody” Mosten begins next week at the West Des Moines Marriott.

Woody will lead a day-long training entitled Building a Successful Unbundled Family Law Practice, providing insight on how to expand and improve a practice by increasing legal access to the under-served through offering unbundled legal services.

The seminar will also cover topics including The New Lawyer: Embracing the Pro Se Revolution and a Consumer Approach To Family Law Practice, Ethical Challenges of Delivering Unbundled Services, Unbundled Representation of Clients in Family Mediation, and Kick-starting Your Unbundled Family Law Practice.

A total of 15.5 CLE credit hours are available during the two-day event. Online registration with early-bird pricing is available through the ISBA website until October 26th.

Seven candidates apply for District 8A opening

A total of seven candidates applied for the open judgeship position in District 8A that was created when Judge Daniel Wilson retired Oct. 2. The application period ended last Monday.

Interviews of the candidates by the district nominating commission will be conducted on Thursday, Oct. 27, at the Wapello County Courthouse in Ottumwa. The interviews will be open for public observation and listening, but no interaction. Following its deliberations and voting, the commission will submit the names of two nominees to Governor Branstad who will then appoint one within 30 days.

Click here to access the press release listing names of the seven applicants.

SUPREME COURT OPINIONS
October 14

No. 15-0105
VIRGIL JOHNSON and VIRGIL JOHNSON TRUCKING vs. ASSOCIATED MILK PRODUCERS, INC.
Dairy cooperative seeks further review of decision of court of appeals that reversed summary judgment on the terms of a milk-hauling contract.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT SUMMARY JUDGMENT AFFIRMED.

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IN OTHER NEWS

Police searches of social media face privacy pushback
Law enforcement is increasingly worried about losing access to powerful tools for searching social media because of changing attitudes at the social media companies that allow the searches.
Iowa Public Radio

A 44% pay divide for female and male law partners, survey says
At big American law firms, there is a 44 percent difference in pay between female partners and their male colleagues, largely because men bring in more big-ticket legal cases, or are better at getting credit for doing so.
The New York Times

Iowa Supreme Court Justice visits EHS seniors
Seniors at Emmetsburg High School got an up close and personal look at the Judicial system in the State of Iowa Friday morning. A visit by Iowa Supreme Court Justice Thomas Waterman allowed students to ask questions of one of the seven judges on Iowa's Court of Last Resort.
Emmetsburgnews.com


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JOB LISTINGS

Attorney I
Scott County, Davenport, IA

Instructor, Paralegal DMACC
Urban Campus, Des Moines, IA

Experienced Transactional Attorney
Nyemaster Goode, P.C., Des Moines, IA

United States Marine Corps Judge Advocate
United States

Employment Litigation Associate
Faegre Baker Daniels, LLP, Des Moines, IA

Litigation Attorney
Day Rettig Martin, P.C., Cedar Rapids, IA

Associate Attorney
Brady Preston Brown P.C., Cedar Rapids, IA

Executive Director
ACLU of Iowa - Des Moines, IA

Associate Attorney
Pastrnak Law Firm, Davenport, IA

Managing Attorney
Omaha Trial Office - Nationwide, Omaha, NE

Administrative Fellow
University of Iowa Health Care, Des Moines, IA

Project Manager
Iowa Legal Aid, IA

Associate Attorney
Petersen Law, Council Bluffs, IA

Legal Services Request for Proposals
City of West Des Moines, IA


Director of the Center for Agricultural Law and Taxation
Iowa State University, Ames, IA

Sr. Counsel
Affiliates Management Company, IA

Law Clerk to a Federal Magistrate Judge
United States District Court, Northern District of Iowa, Sioux City, IA


ADMISSION ON MOTION

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

Erica A. Nichols Cook, Springfield, IL

Anyone with questions or comments on the above applicant 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