Polk County justice complex receives resounding Yes
Voters in Polk County gave a big thumbs up to a bond issue that will improve access to, and administration of justice in the county. The vote was 67 percent in favor and 33 percent opposed.
The $81 million bond issue will be used to refurbish the historic courthouse for probate, family and civil court matters, remodel what was formerly the J.C. Penney building to create a justice center annex housing juvenile court and juvenile court services, as well as small claims and traffic court, the county attorney's office and record storage for the clerk of court’s office, and renovate the old jail to handle criminal cases.
Work is expected to start soon.
Supreme Court requests comments on
discovery rule amendments and expedited civil action rule change
Iowa Supreme Court is requesting public comment on proposed amendments to the
discovery provisions in the Iowa Rules of
Civil Procedure and a proposed new rule allowing for streamlined and
expedited civil actions for cases involving $75,000 or less in money damages.
Comments are due by Jan. 31, 2014.
proposals are an outgrowth of the work of the Iowa Civil Justice Reform Task
Force, which produced a report in early 2012 that recommended changes to
discovery processes as well as consideration of a separate track for civil
cases falling below a threshold dollar value. A committee was formed in the
fall of 2012, to implement these recommendations.
committee held a series of meetings between November 2012 and July 2013.
Ultimately, the committee developed and recommended a set of changes to the
existing discovery rules as well as a proposed new rule authorizing streamlined
and expedited case procedures for actions involving $75,000 or less in money
damages. The supreme court has reviewed
these proposals. The court has now decided to solicit comments from the public
on the proposals.
Plans are underway
for Supreme Court Justice Edward Mansfield to present a three-quarter-hour webinar
for CLE credit regarding the proposed court rules.
the complete order
and the proposed changes...
Military museum honors three long-time
ISBA members are being honored this Veterans Day by the Iowa Gold Star Military
Museum located at Camp Dodge in Johnston.
Phillip Dorweiler, West Des Moines, Judge
Larry Eisenhauer, Ankeny, and Judge Ross Walters, Des Moines, are featured in a new photographic exhibit honoring notable Iowa veterans that
opens Friday (Nov. 8). The Notable Iowa
Veterans exhibit was photographed by Grandview University Professor Emeritus
Dr. Bill Schaefer. It is the second installment of the project, which honors the
significant military and civilian accomplishments of Iowa veterans from across
in 1985, the Iowa Gold Star Military Museum is the only federally-recognized
repository for military artifacts in the state of Iowa. The mission of the Iowa
Gold Star Military Museum is to preserve Iowa’s military history and honor the
military service of all Iowans.
museum will be open Friday (Nov. 8) from 8:30 a.m. – 4:30 p.m., Saturday (Nov.
9) from 10 a.m. – 4 p.m. and Monday (Nov. 11 – Veteran’s Day) from 10 a.m. – 4
p.m. Admission is free.
ISBA President Guy Cook personally, and on behalf of the entire bar staff,
thanks all veterans and current military members for their service.
Accessing the new ISBA website
A sign-in is required to access the members-only
benefits such as the Fastcase legal research and registration for CLE events on
the ISBA’s new website.
sign in once you have opened the website (www.iowabar.org), provide your username and password in the blue bar on the left side of the home
members should have received an email on Oct. 7, the day the new website was
launched, giving them their usernames and password to sign in for the
If you didn’t receive the email, or missed it,
your initial username is your last name followed by your ISBA member number
with no space between the two. You may obtain your password
by using the "forgot your password” link under the sign in button.
You simply provide your username or email address and an email with a link to
change your password will be sent to the email address on file. For
additional help please use our help desk found on the front page of our
you still have problems signing in to the new website, contact Mary Hill,
membership director, at 515-697-7870, or via email at firstname.lastname@example.org.
targeting lawyers – AGAIN
members have reported that they’ve received emails asking for legal
representation to resolve an issue. The emails vary, but the general thrust is
that a woman from Japan or some foreign country writes asking for legal help in
collecting a settlement from her ex-husband in the United States.
long and short of the scam is that the husband ends up sending the attorney a
"cashiers check” for the sum he owes, and asks the attorney to deposit the
check, then remit the funds – minus a professional fee – to the ex-wife.
attorney complies with the request only to find out days later that the
cashiers check is bogus. So he/she is out the sum that was remitted.
key to determining if the request is a scam or legitimate is for the attorney
to visit with the banker and not remit any funds until the cashiers check is
determined to be legitimate, has cleared the bank and the funds are actually
deposited in the attorney’s account. This can take 10 days to two weeks at most
Labor & Employment Law seminar
coming a week from Friday
ranging from the Affordable Care Act to a Wage & Hour Update await those
who attend the Labor & Employment Law seminar on Friday (Nov. 15) at the
Hilton Garden Inn in Johnston.
day-long seminar, which begins with registration at 8 a.m. and the first
presentation at 8:30 a.m., is good for 6.5 hours of state CLE that includes one
hour of ethics and 3.25 hours of federal credit. Rick Autry of the Employment
Appeal Board will present a case law update with part one occurring in the
morning and part two in the afternoon. Tre Critelli with the Attorney
Disciplinary Board will close the seminar with a one-hour presentation on
changes to Iowa’s advertising rules.
complimentary reception for attendees is being held the night before the seminar (5:30 – 7:30 p.m.) in Room 611 of
more information, and to register, click here.
project donations featured at open house
of books, educational toys and other items provided by the Visiting Mom project
occupied a central spot in the open house that showed off renovations at the
Iowa Correctional Institution for Women in Mitchellville a week ago.
project arose out of a visit to the prison by judges attending the joint
ISBA-IJA annual meeting last June. The resulting project raised $15,000 to
purchase materials for the room where mothers and their children visit.
Senior Judge Donna Paulsen’s thank
you to all of the supporters here.
Click here for more photos.
support ending next April
you are still using Windows XP as the operating system on your computer(s), be
aware that Microsoft will stop providing any kind of support for the program on
April 8, 2014. Without security patches and updates that the company currently
provides, this will make your computers "an open playground for hackers and
malware pushers,” according to the Windows Club
XP Professional, as well as the Home Edition, debuted on Dec. 31, 2001. Many
users liked it for its ease of use and its stability. In fact, it still holds a
31 percent share of the Windows operating system market. Advances in the
computer world, however, have made it obsolete. For example, the internet
browser, Internet Explorer 11, won’t run on XP. Nor will Office 2013.
Khanse, administrator of the Windows Club website, recommends that XP users
switch to Windows 7, or the latest operating system, Windows 8. Alternatively,
users can switch to Apple’s Mac or to a Linux-based operating system.
more on the Windows
Did You Know...
you can find services such as private
investigators and appraisers, as well as office needs, in the ISBA’s Vendor
Mall? You can also list services you offer in the Vendor Mall. Click here to access the mall, or
go to "Vendor Mall” under the "Practice Tools” tab on the ISBA home page.
Benefit of the Week
Free Fastcase Webinars
provides free live training webinars so that you can learn how to use
Fastcase, right from the comfort of your own computer. Below are the
topics available, the handouts for the subject, and the dates the
webinar will be taking place. These webinars have all been approved for 1
state hour of CLE. Free, convenient, plus CLE credit = must register!
Register here today!
Iowa Supreme Court DecisionsNovember 1, 2013
STATE OF IOWA vs.
DAVID HAL CALVIN
Appeal from the Iowa
District Court for Polk County, Robert B. Hanson, Judge.
A criminal defendant
alleges the district court imposed an illegal sentence by not granting him
credit for time served. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT
SENTENCE VACATED IN PART, AND CASE REMANDED WITH INSTRUCTIONS.
STATE OF IOWA vs.
COREY DOUGLAS DRISCOLL
Appeal from the Iowa
District Court for Jackson County, Paul L. Macek, Judge.
A criminal defendant
appeals the denial of his application for an order satisfying restitution. REVERSED
AND REMANDED WITH INSTRUCTIONS.