Iowa Lawyer Weekly (06/25/2014)
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June 25, 2014
Past Issues

Uniform Power of Attorney forms

Several members have asked about the availability of new forms necessitated by the passage this spring of the Iowa Uniform Power of Attorney Act (Senate File 2168). The new act takes effect July 1.

The ISBA’s Legal Forms Committee is meeting tomorrow, June 26, and is expected to approve new forms at that meeting. The new forms will be available on IowaDocs® by July 1.

Section 43 of the new act (available here) sets forth a power of attorney form which substantially fulfills the requirements of the new act.

Meet new president Joe Feller

Sibley attorney Joe Feller received the gavel as the 128th president of The Iowa State Bar Association during the President’s Awards Banquet Wednesday night, June 18, of the ISBA’s 141st Annual Meeting.

In addition to recognizing his family and long-time friends attending the event, Joe also outlined his goals for his presidential year. "Back to basics” will be the overarching theme of his presidency. "We will rededicate our mission to: 1) serve our members, 2) support the legal community and justice system, and 3) serve the community at large,” he told those attending the banquet.

More specifics about his goals as president can be found in his inaugural speech, and in this short video.

Memorial services for Senior Judge Huitink start tomorrow

Memorial services for Senior Judge Terry Huitink will be held tomorrow, Thursday, June 26, and Friday, June 27, in Spirit Lake and Ireton. Judge Huitink died last Sunday, June 22, after a bout with cancer.

A memorial service will be held Thursday at 10 a.m. in Spirit Lake at First Presbyterian Church, 3501 Hill Ave. Visitation will be from 6-8 p.m. Thursday at the Christian Reformed Church, 301 Maple St., in Ireton. Services will be held Friday at 11 a.m., at the Christian Reformed Church in Ireton.

Judge Huitink, 62, graduated from the University of Iowa in 1974 and from Drake University Law School in 1977. He worked as a private attorney in Ireton and Sioux Center after graduating from law school, and as a part-time juvenile court referee from 1981-1987. He was appointed to the district court bench in 1988, and to the Iowa Court of Appeals in 1994 where he served until retirement in December 2008. After his retirement, he served as a senior judge for the court of appeals.

In 2002, he was one of four candidates recommended by Senator Charles Grassley to fill a vacancy on the 8th U.S. Circuit Court of Appeals.

Judge Huitink’s obituary can be found on the Porter Funeral Home website here, where well-wishers may also send a card of condolence. Judge Huitink's wife/family may be reached at: Kathleen Huitink, P.O. Box 267, Spirit Lake, IA 51360.

Record number of members turn out for annual meeting

Nearly 1,050 members turned out for the 2014 ISBA Annual Meeting from Monday, June 16, through Thursday, June 19. The turnout was the largest in recent history.

The meeting featured 136 speakers on CLE topics, a half dozen social gatherings and the second annual ISBA Tech Show. In addition, the Probate and Trust Law Section held its annual meeting, and the Young Lawyers Division held its quarterly meeting during the event.

For the third consecutive year, Iowa judges held their annual conference in conjunction with the ISBA meeting.

This year’s meeting was held at the Community Choice Credit Union Convention Center (formerly Veterans Memorial Auditorium) in downtown Des Moines. Attendees praised the venue for the space it provided and the central location of the meeting rooms and the exhibit hall. The ballroom one floor above the meeting rooms and exhibit hall also received high marks for the space it provided for general sessions and for the annual President’s Awards Banquet.

A few photos of the event can be seen here.

Senator Harkin recommends three to the federal bench in Iowa’s Northern and Southern Districts

Senator Tom Harkin has recommended District Court Judge Karen Romano and U.S. Attorney Nick Klinefeldt to fill the soon-to-be vacant seat on the federal district court bench for the Southern District of Iowa. He also recommended Cedar Rapids attorney David O’Brien to fill the soon-to-be vacant seat on the federal district court bench for the Northern District of Iowa.

Judge James Gitzner, the chief district judge for the Southern District is retiring March 1, 2015. Judge Mark Bennett is retiring July 4, 2015.

Read more about Judge Romano’s and Klinefeldt’s nominations in this June 20 Des Moines Register article. See this article from The Gazette in Cedar Rapids for more information on O’Brien’s nomination.

Congressman Jim Leach urges lawyers to be proactive in rule-of-law issues

Former Congressman Jim Leach challenged members of the legal profession to provide leadership on the key rule-of-law issues of the day during his keynote address to those attending the Supreme Court Luncheon at the ISBA’s 2014 Annual Meeting.

"No background, after all, is more suited for dealing with today’s hemorrhaging politics and dysfunctional governance than that of a professional who on a daily basis works to resolve disputes based on a respectful parsing of conflicting claims under the rubric of law, " he said near the end of his speech to the estimated 100 or so people attending the luncheon.

His conclusion followed a long discussion about the current state of American politics, particularly the effect of the U.S. Supreme Court’s ruling in the Citizens United case that gave corporations status as people, and essentially eliminated the limits on contributions they can make to political candidates.

Read Congressman Leach’s complete speech here.

YLD Justice Fore All Golf outing (Central) scheduled for July 24

Sign up by July 18 for an opportunity to play the recently revamped Otter Creek Golf Course in Ankeny and have the profits from your player fees and hole sponsorships go to a good cause. All proceeds, after expenses, go to support programs and activities of the ISBA’s Public Service Project in its efforts to expand access to justice for Iowans of limited means.

Registration for the YLD-sponsored four-person best-ball event on Thursday, July 24, begins at 11 a.m., followed by a shotgun start at noon. Boxed lunches will be provided beginning at 11:30 a.m., along with two beverage tickets per participant. Hole prizes and prizes for the top three teams will be awarded after play concludes.

See the ISBA website here for details on the event, including opportunities for sponsorships, a link to the course website and registration information. Call Jay Syverson at 515-645-5510 for information about becoming a sponsor.

Iowa Lawyer magazine schedule change

In an effort to keep membership informed of their benefits, the ISBA has announced a change to the publication schedule of the Iowa Lawyer magazine.

To catch up to schedule and to ensure members receive the number of expected issues, the May issue was combined with the June issue, and there will now be separate July and August issues. Since 2010, the July and August issues have been combined due to a slower news-cycle in the summer.

The remainder of the 2014 publication schedule will remain unchanged.

In addition, the 2015 publication schedule will bring significant changes. The magazine will be upgraded from a 32-page, partially black-and-white magazine to a 40-page, full-color publication. Several months will be combined for an eight-issues-per-year publication schedule compared with the current 11 issues per year.

Readers who have questions regarding the schedule change or any other ISBA communication concerns, please email

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

Did You Know...

you can receive price breaks on office supplies including computers and printers, furniture, cleaning supplies and even promotional items such as pens, mugs, hats, etc., through Staples? The ISBA is part of the Staples Advantage program that makes discounts on commonly used items in the law practice available to members. Contact Renee via email at, or via phone at 800-693-9900, Ext. 24729 for more information.

Benefit of the Week

Iowa Lawyer App
The ISBA’s monthly magazine is now brought to you via your iOS or Android device. Receive all the great information available in the Iowa Lawyer Magazine in the palm of your hand, wherever you go, at no cost. Just simply download the free app below!

Download the free iOS app here or click here to download the Android app. You may also call (515) 697-7868 for more information.

Iowa Supreme Court Decisions

June 13, 2014

No. 12-0022

On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge.

A criminal defendant seeks further review of a court of appeals decision affirming a district court’s admission of prior-bad-acts evidence in the form of two video titles involving child pornography in a trial for child sex abuse. DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED.

No. 12-0180

On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.

The defendant filed a postconviction relief action claiming his guilty plea was invalid. DECISION OF COURT OF APPEALS VACATED; JUDGMENT OF DISTRICT COURT REVERSED AND CASE REMANDED WITH DIRECTIONS.

No. 13-0673

Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.

The State of Iowa seeks interlocutory review of a district court order permitting the City of Iowa City’s cross-claim against the State. AFFIRMED.

No. 13-0723

Appeal from the Iowa District Court for Muscatine County, Mark J. Smith, Judge.

Appellants assert the district court improperly granted summary judgment. DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED.

June 20, 2014

No. 13-0405

Appeal from the Iowa District Court for Henry County, Cynthia H. Danielson, Judge.

A school district brings an interlocutory appeal from the district court’s denial of its motion for summary judgment based on the statute of limitations. REVERSED AND REMANDED WITH INSTRUCTIONS.

No. 13-0832

Appeal from the Iowa District Court for Cedar County, Paul L. Macek, Judge.

A criminal defendant seeks interlocutory review of a district court order denying the defendant’s motion to dismiss the trial information accusing the defendant of possession, dominion and control of firearms and ammunition as a convicted felon pursuant to Iowa Code section 724.26. AFFIRMED.