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    November 4, 2015
Past Issues  

Request for comment on proposed changes to pro hac vice rule

The Iowa Supreme Court is requesting comments on proposed amendments to Iowa Court Rule 31.14 that specify the requirements to practice pro hac vice before Iowa courts. The amendments were proposed by the Office of Professional Regulation and contain seven provisions. The provisions include the requirement that applicants register and pay a $250 pro hac vice fee at the OPR website. Paying the fee would allow attorneys to file applications for admission pro hac vice in Iowa Courts for five years from the date of registration without paying additional fees.

Background information about the proposed amendments can be found in these slides prepared by the OPR. The amended language in Rule 31.14 can be seen here.

Any interested organization, agency or person may submit comments regarding the proposed amendments. Specific details on how to submit comments can be found here. Comments must be received by 4:30 p.m., Dec. 28.


Archived listserv postings now available for probate, real estate sections

Members of the Probate, Trust & Estate Planning and the Real Estate and Title Law sections can  now search postings on the section listservs as far back as 2007. The two sections are the first to receive the archived postings.

"We will be expanding to several of the more active lists in the near future,” says Harry Shipley, ISBA assistant executive director.

 

A search button on the page allows members to type in keywords for the subject they are seeking. Hitting "Search” again brings up all of the postings – both the initial question and the responses – containing those key words. The list shows the date/time of the post, the person posting and the subject of the post.

Now that the system is set up, all future posts are automatically deposited into the database, Shipley says.

To see the archives in action, click here for the Probate, Trust and Estate Planning section, and here for the Real Estate and Title Law section. You can also go to the respective section web pages on the ISBA website and click on the archive link under the sub-heading, "Section Listserv Archives."


State leaders discuss human trafficking, awareness

This morning, state leaders attended a roundtable discussion on human trafficking hosted by former Iowa Speaker of the House Kraig Paulsen. The discussion included a review of and progress report on 2015 legislation, reports from the Iowa Attorney General’s Office, the Iowa Department of Public Safety and advocacy groups such as the Network Against Human Trafficking. ISBA Vice President Steve Eckley represented the association at the discussion.

NAHT Executive Director Teresa Downing-Matibag echoed the sentiment expressed by many in attendance when she stated that the public needs to be informed of the outstanding legislation already in place in Iowa.

According to the Iowa Department of Public Safety, public awareness and education play key roles in combating and preventing human trafficking. Last year, the ISBA joined others in taking a role in increasing public awareness that human trafficking is taking place in Iowa and the need to work together to protect people so they do not become victims. It is anticipated that today’s discussion is the beginning of an expanded commitment to the issue of human trafficking in Iowa.



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Deadline for renewing IRS preparer tax identification number Dec. 31

Don’t forget to renew your preparer tax identification number by Dec. 31 this year if you will prepare 2015 federal income tax returns for clients and receive compensation. You should have received notification from the IRS that your PTIN is expiring.

To renew, go to the IRS website and click on "Renew or Obtain a PTIN for 2016” under the "Tools” column. You can click on a checklist to see what information you need to have when filling out the renewal form. The renewal fee is $50.

If you have questions, call the PTIN help line at 1-877-613-7846. You may also contact Alan Gregerson, Internal Revenue Service Senior Stakeholder Liaison, at 651-726-1589 or Alan.J.Gregerson@irs.gov. Gregerson is the IRS representative assigned to work with the Iowa Bar on IRS-related questions.


Supreme Court justices to visit Harlan-area high schools tomorrow

As has been their custom when holding oral arguments around the state, Iowa Supreme Court justices will visit high schools in the west central part of the state tomorrow morning, Nov. 5. The visits follow a special session of the court at the Harlan High School Center for Performance at 7 p.m. tonight. During that special session, the justices will hear oral arguments in the case State of Iowa v. Taquala Monique Howse, case no. 13-1997, from Black Hawk County District Court.

The schedule for the high school visitations, as well as information about the case can be found here.


Federal Practice Seminar coming soon

Registration is now available for the 2015 Federal Practice Seminar to be held Friday, Dec. 18, at the Embassy Suites hotel in Des Moines, Iowa. The annual seminar, sponsored by the ISBA Federal Practice Committee, features updates on federal civil and criminal law topics.


This year’s civil law breakout session focuses on E-Discovery, changes to Rules 26, 37 and other new Federal Rules of Civil Procedure. The criminal law breakout session includes a three-person panel discussing the shifting landscape of federal sentencing.

These sessions will be followed by an ethics session to conclude the seminar.

 

Registration information is available by clicking here, or by going to "Upcoming CLE/live events” under the CLE Information tab on www.iowabar.org.


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In Other News ...

Public comments sought on Iowa Child Support system

Citizens will have a chance to offer their take on Iowa's child support system at an upcoming public hearing. The Iowa Child Support Advisory Committee has scheduled the public hearing as a way to gather comments before making a recommendation to the Iowa Supreme Court. Chief of the Bureau of Collections Carol Eaton tells KMA News the public hearings help the committee when forming their recommendations.

KMAland.com, Shenandoah

 

Iowa justice reform issues need more attention, some say

Nine weeks ago at an NAACP-sponsored summit, Iowa Gov. Terry Branstad announced the formation of a task force that would recommend justice policy reforms. Now that the Governor’s Working Group on Justice Policy Reform is nearly finished with its work, some are pushing for a permanent commitment to the effort. One possibility discussed is for the state Public Safety Advisory Board, formed in 2010, to take up some of the issues that members of the working group believe need attention, some said.

The Des Moines Register

 

Supreme court takes on racial discrimination in jury selection

The U.S. Supreme Court wrestles Monday with a problem that has long plagued the criminal justice system: race discrimination in the selection of jurors. "Numerous studies demonstrate that prosecutors use peremptory strikes to remove black jurors at significantly higher rates than white jurors."

Iowa Public Radio

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The Iowa Lawyer Weekly is an electronic newsletter published every Wednesday. Please submit comments, letters to the editor, articles, or photos, to communications@iowabar.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
October 30

No. 13-1937

STATE OF IOWA vs. ERIC WILLIAM QUERREY

Appeal from the Iowa District Court for Lucas County, Terry Rickers, Judge.

A defendant appeals the district court’s judgment entry following a resentencing hearing.
DISTRICT COURT SENTENCE VACATED AND CASE REMANDED.

No. 13-2046

DEREK CROW vs. EDWIN E. SIMPSON, Individually and d/b/a SIMPSON TRUCKING AND EXCAVATING

On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Monroe County, Myron L. Gookin, Judge.

The defendant seeks further review of a court of appeals decision granting the plaintiff a new trial. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.

 

No. 15-0673

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. HEATHER MARIE KINGERY

Appeal from the report of the Grievance Commission of the Supreme Court of Iowa.

An attorney contends the grievance commission’s recommended sanction for violations of disciplinary rules is excessive and features improper auxiliary conditions on reinstatement. LICENSE SUSPENDED.


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