A ruling every Iowa lawyer must commit to
memory filed Dec. 11
Friday, in a case of first impression, the Iowa Supreme Court clarified how
current EDMS rules impact appellate procedure. In a 5-2 vote, the court dismissed the appeal for lack of jurisdiction
and effectively concluded that EDMS rule 16.311 trumps 16.307(2) insofar as it
relates to a determination of the timeliness of the filing of appeals in Iowa.
specifically, in Concerned Citizens of
Southeast Polk School District and Jessman Smith v. City Development Board of
the State of Iowa, the Iowa Supreme Court ruled that a court order is
"filed” when the judge submits it to the court’s electronic document
management system (and thus when the system stamps it with the date), and not
when the clerk approves and notifies the parties of that order. That
ruling clarifies an ambiguity in the Iowa rules that govern electronic filing.
is a ruling that every Iowa lawyer must commit to memory,
because it can have significant consequences,” said ISBA Board of Governor Ryan
Koopmans, from District 5C. "It’s not uncommon for
attorneys to receive notification of a court order one or two days after the
district court submitted that order into the system. So it’s important that attorneys check the
file stamp on that order. An appeal
that’s filed more than 30 days after that date (but 30 days or less after receiving the
notification) will be untimely. And it
will be dismissed.”
To read the court’s opinion, click here. To read
information regarding the Iowa Supreme Court’s request for comments on proposed
amendments to EDMS rules, click here. Comments must be received no
later than 4:30 p.m., Feb. 1, 2016.
Special thanks to Ryan Koopmans
for permission to use excerpts from his Dec. 11, blog post, "When is a court
order electronically filed?” To read Koopmans’ analysis of the ruling, click here.
Last call for this Friday’s Federal Practice
ISBA’s annual Federal Practice Seminar, which will be held this Friday from
8:30 a.m. to 4:30 p.m. at the Embassy Suites Hotel, 101 East Locust St., in Des
Moines, Iowa, "promises to be one of the strongest” in recent years, according
to Tim Hill, chair of the Federal Practice Committee.
only do we have strong participation from the federal bench of both the
Northern and Southern Districts of Iowa, but also Judge Robert Pratt will
moderate a panel of former jurors, Judge Leonard Strand will be the lunch speaker,
and former Iowa Supreme Court Justice Michael Streit will lead a panel on
ethics,” he says. Judge Strand is currently pending
confirmation to be the next Northern District Iowa Article III Judge.
Lithwick, U.S. Supreme Court reporter for Slate Magazine, is the keynote
speaker. (Her recent articles can be seen here.) Anne Kershaw,
e-discovery expert, will moderate the magistrate judges’ panel focusing on the
new Federal Rules of Civil Procedure that were effective Dec. 1, and lead the civil law breakout
session. Finally, the Criminal Law Panel is "extremely strong” and includes
C.J. Williams, who is set to become the new magistrate judge for the Northern District of Iowa upon
Judge Strand’s confirmation, Hill says.
if your practice is primarily in state court, you are bound to gain great
insights attending this year’s Federal Practice Seminar,” he adds.
deadline is this Thursday, Dec. 17. A $50 late fee will be added for
registrations after Thursday. Click here to register and view
the complete agenda.
Archived listserv discussions for probate,
real estate now available to all members
ISBA members now have access to the archived items discussed in the listservs
of the Probate, Trust and Estate Planning and the Real Estate and Title Law
Sections even if they are not members of those sections.
to the archives enables members to benefit from the information shared in the
listservs. However, only members who have paid their section dues are able to
pose questions and respond to questions on the listservs.
To access the listserv archives for the Probate,
Trust and Estate Planning Section, click here.
To access the listserv archives for the Real Estate and Title Law Section,
ISBA YLD and Corporate Counsel Section celebrate
2015 networking event
ISBA YLD in conjunction with the ISBA Corporate Counsel Section convened for an
evening of socializing and networking Dec. 14, at Django Restaurant in Des
Moines. As they celebrated 2015, members of the YLD and Corporate Counsel
Section looked forward to connecting with peers at bi-monthly luncheons and networking
events in 2016.
Corporate Counsel Section Chair Nicolle Schippers and Vice Chair Charlie Nichols (pictured), who is also ISBA General Practice Section Chair, invite interested individuals to join them at events in 2016.
The chairs welcome inquiries about leadership
opportunities available for relatively reasonable time commitments. Interested
individuals may contact chair Nicolle Schippers via email at nicolle.schippers@ARAGlegal.com
or chair Charlie Nichols at email@example.com.
Drake Law School’s arbitration team wins
regional competition, headed to nationals
student arbitration teams from Drake University Law School ended up competing
against each other for the top spot in the regional American Bar Association
Law Student Division Arbitration Competition.
competition, which was hosted at the Emory University School of Law in Atlanta
last month, simulates a realistic arbitration hearing. Participants must
prepare and present an arbitration case, including opening statements, witness
examinations, exhibit introductions, evidentiary presentations, and summations.
Drake teams head to Chicago for the national finals on Jan. 22-23.
more information, including the names of the students on the teams, click here.
Court of Appeals seeks three staff attorneys
Iowa Court of Appeals is seeking candidates for three appellate court staff attorney positions. While the positions will remain open until filled, first
consideration will be given to those who apply by close of business this
Friday, Dec. 18.
candidates will assist one or more judges of the court of appeals in several
areas, including by researching issues and preparing memoranda or drafting
proposed opinions, by reviewing and editing final opinions prior to filing, by
attending oral arguments and providing input, and by assisting with the
preparation of special concurrences or dissents. A complete list of the duties is
available on the judicial branch website here.
considered, candidates must have graduated from an ABA-accredited law school
with strong academic credentials, be admitted to the practice of law in Iowa
and have a minimum of two years post-graduation legal experience. Details on
how to apply can be found at this link. The application form
in Word format or PDF can be accessed here.
|In Other News ...
Iowa’s public defender system serves defendants well
is not the plain language of the U.S. Constitution that provides the
protections of the Bill of Rights. The interpretation, enforcement and
resources aimed at protecting the rights by our national and state governments
are what make constitutional protections work. Christopher Welch, a Dubuque
public defender, visited my class at University of Wisconsin-Platteville this
semester. He taught us about how Iowa has made an effort to enforce the Sixth
Amendment right to an attorney in its citizens' criminal cases.
high court ruling limits warrantless vehicle searches
Iowa Supreme Court ruling could curb the ability of state police agencies to
seize cash and property from motorists. The Des Moines Register reports that
Friday’s 5-2 decision from the Iowa Supreme Court will limit the ability of
state patrol troopers and deputies to conduct warrantless vehicle searches.
for Medicare and Medicaid assess Iowa’s readiness for Medicaid privatization
Centers for Medicare and Medicaid Services is in Iowa this week assessing the
state’s readiness to transition the management of Iowa’s Medicaid program into
the hands of four private companies on Jan. 1. Critics say the process has been
unorganized and rushed, and many Medicaid recipients complain they don’t have
enough information to determine which, if any, of the Managed Care
Organizations best fits their coverage needs.
Iowa Public Radio
|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
KEVIN BRYANT vs. ROBERT LEE RIMRODT and GEICO
GENERAL INSURANCE COMPANY
review from the Iowa Court of Appeals. Appeal from the Iowa District Court for
Linn County, Ian K. Thornhill, Judge.
Plaintiff seeks a new trial based on an
allegedly inconsistent and inadequate jury verdict awarding medical specials
but only one dollar for pain and suffering for injuries suffered in a car
accident. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT
REVERSED; CASE REMANDED FOR NEW TRIAL ON DAMAGES.
THE MATTER OF PROPERTY SEIZED FROM ROBERT PARDEE, ROBERT PARDEE
review from the Iowa Court of Appeals. Appeal from the Iowa District Court for
Poweshiek County, Randy DeGeest and Joel D. Yates, Judges.
A claimant in a
forfeiture proceeding seeks further review of a court of appeals decision
upholding the denial of his motion to suppress. DECISION OF THE COURT OF
APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED.
CONCERNED CITIZENS OF SOUTHEAST POLK SCHOOL DISTRICT
and JESSMAN SMITH vs. CITY DEVELOPMENT BOARD OF THE STATE OF IOWA
from the Iowa District Court for Polk County, Dennis J. Stovall, Judge.
challenge to the timeliness of appeal from an order by the district court
affirming annexation of land by a city. APPEAL DISMISSED.
TIPS & TRICKS
BENEFIT OF THE WEEK
ShareFile is a secure file sharing, file transfer, sync and storage
solution enabling you to access and manage your content from anywhere,
on any device. With ShareFile, co-workers and clients can receive full
or partial access to the files they need, so you can work
collaboratively and securely.
a member benefit, ShareFile and The Iowa State Bar Association have
agreed to provide limited ShareFile accounts for $5 a month to members.
Members who need more from ShareFile will be given a 20% discount off
any regularly priced ShareFile plan.
If you are interested in setting up a ShareFile account,
please contact Sara Greene with Citrix at (919) 745-6241 or at email@example.com to learn more.
Click here to learn how Citrix ShareFile can work for you!
SOCIALIZE WITH US!
Tweet with us on Twitter
Be our fan on Facebook
Connect through LinkedIn
Follow us on Google+
Watch us on YouTube