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    September 16, 2015   
Past Issues   

New attorneys to join Iowa lawyer colleagues Friday

A total of 192 new attorneys out of the 195 who passed the bar exam in July will be admitted to the Iowa Bar in a swearing-in ceremony at 10 a.m. Friday, Sept. 18, at Hoyt Sherman Auditorium in Des Moines, Iowa. The number represents an 86 percent pass rate.

Of the 195 individuals who passed the exam, 67 percent graduated from Drake University Law School and the University of Iowa College of Law. Creighton University School of Law had the next highest percentage (8.2%). The balance of those who passed came from 33 additional schools across the country.

To see a list of those who passed the exam and the law schools they attended, click here. For a list of the schools, the number of graduates who passed from each and other statistics, click here.

High school students to benefit from Constitution Day activities tomorrow

The ISBA’s Center for Law & Civic Education, along with the Iowa Judicial Branch and the Iowa Department of Education, is sponsoring a program for high school students to celebrate Constitution Day tomorrow, Sept. 17.

Groups of high school students have been invited to watch oral arguments in two Iowa Supreme Court cases, one at 9 a.m., and one at 1 p.m. at the Judicial Branch Building. Students unable to attend the oral arguments are encouraged to watch a nine-minute orientation video entitled "We the People: The Iowa Constitution and Our Courts” before watching the live streaming of the morning or afternoon oral arguments.

"The justices of the supreme court enjoy welcoming students to see the work of the judicial branch of their government first hand on Constitution Day," Chief Justice Cady said. "It is an excellent opportunity for high school students to learn about the importance of the Iowa and United States Constitutions. We should all take time during the day to reflect on the genius of the 39 delegates to the constitutional convention who signed the U.S. Constitution 228 years ago and the 55 Iowans who signed the Iowa Constitution 70 years later."

Students will receive two briefings to assist with their understanding of the appellate court process. One outlines the differences between trial courts and appellate courts. The other is case-specific to the argument that the students will witness.

A web page on the ISBA website provides some background information on Constitution Day, as well as a number of links to resources on the constitution, including a couple of quizzes, fun facts and games.

September/October issue of The Iowa Lawyer Magazine now available online

The September/October issue of the Iowa Lawyer Magazine is now available online. This issue focuses on diversity and inclusiveness and features ISBA Members and leaders. It also has letters from the state’s two law school deans, the annual list of attorneys providing pro bono services and an article about five Creston, Iowa, attorneys whose daughters are following in their footsteps as lawyers.

Members interested in viewing the online version of the magazine can do so by clicking here or by navigating to clicking on "Publications,” then "Iowa Lawyer Magazine.” Those who no longer wish to receive the printed version of the magazine can elect to receive it electronically by navigating to their account settings and selecting "yes” for the "Iowa Lawyer Magazine Online” option.

The Iowa Lawyer is free online or in print to ISBA members as part of their annual dues. The magazine informs members on issues, events and developments in the law specific to Iowa that impact their practices and their lives as attorneys. Questions regarding the Iowa Lawyer Magazine can be directed to the ISBA Communications Department at or 515-697-7898.


Oct. 1 is deadline for landowner clients to take advantage of tax credits for 2015

Landowner clients willing to lease to, or custom hire, beginning farmers can take advantage of two tax credit programs offered by the Iowa Agricultural Development Division (IADD). However, they have to hurry; the deadline for applying is Oct. 1.

The tax credit is seven percent for cash-rent leases and 17 percent for crop-share leases. The credits apply for leasing land, equipment and/or breeding livestock.

The tax credit is also seven percent for contracting with a beginning farmer to provide custom labor. The contract can be for the production of crops or livestock.

More details about the beginning farmer program, as well as two loan programs offered by IADD, can be found on the IADD website. Click on the links in the left panel for the program(s) of interest.

Public comments requested on proposed amendments to appellate processes, criminal procedure

Iowa Supreme Court Chief Justice Mark Cady has signed an order requesting public comment regarding Iowa Court Rules governing appellate processes, and on a new rule of criminal procedure regarding alternate jurors.

The proposed amendments on appellate processes are widespread throughout Chapter 6 of the court rules and include amendments to Iowa Rules of Criminal Procedure 2.29 and 2.30, as well as to Rule 31.15 concerning permitted practice by law students and recent graduates.

The proposed new rule of criminal procedure (Rule 2.18(15)) considers a new approach to using alternate jurors in criminal jury trials. The request for a new rule came after declaration of a mistrial because deliberations had started, a sitting juror could no longer serve, and alternate jurors had been discharged by the court as specified in Iowa Rule of Criminal Procedure 2.18(15). Federal rules permit excused jurors to be replaced by alternates after deliberations have begun.

The complete order on appellate processes can be found on the judicial branch website here. It contains a brief explanation of each proposed change along with instructions for submitting comments. The deadline for comments is 4:30 p.m. on Nov. 12. The complete rules with proposed changes shown are available here.

The order on the new rule of criminal procedure also can be found on the judicial branch website at this link. The complete rule is here. Deadline for comments on the proposed rule is Nov. 16 at 4:30 p.m.

2015 Nuts and Bolts Seminars scheduled for early next month

The ISBA’s annual Nuts and Bolts Seminars will be held Friday, Oct. 2, in eastern Iowa and Monday, Oct. 5, in central Iowa. The eastern Iowa seminar will be held at the Holiday Inn in Coralville, Iowa. The central Iowa seminar will take place at the Hilton Garden Inn in Johnston, Iowa.

Both seminars begin at 8:30 a.m., and end at 5 p.m. The morning features a general session on Ethics and Trust Accounts, Business Court 101 and Employment Law 101. The afternoon features two tracks – litigation and transactional.

The seminars are designed to help any attorney, regardless of the area of law in which they practice, to better understand the issues and better serve their clients. It’s also an opportunity for newer members of the bar to meet and socialize with their peers.

To register for either seminar, visit the ISBA CLE Calendar here.

Judge Draheim dies; services tomorrow and Friday

Judge Newt Draheim, Clarion, Iowa, died Sunday, Sept. 13, in Clarion. He was 89.

A Clarion native, Judge Draheim began his law career as the Wright County attorney after graduating from Drake University Law School in 1954. After his terms as county attorney, he joined the Archerd & Birdsall (later Archerd & Draheim) law firm where he practiced for 13 years. He was appointed as a district court judge in the Second Judicial District by Governor Robert Ray in 1970. His 34-year career in the judiciary included eight years as chief judge of the second district.

Visitation will be held Friday at the Ewing Funeral Home in Clarion tomorrow from 4-7 p.m. A funeral service will be held at 10:30 a.m. at the United Church of Christ Congregational in Clarion.

Read Judge Draheim’s obituary.


In Other News ...

President Obama nominates Rebecca Goodgame Ebinger to serve on the United States District Court for the Southern District of Iowa
Yesterday, President Obama nominated Rebecca Goodgame Ebinger to serve on the United States District Court for the Southern District of Iowa.
The White House

Gov. Branstad appoints David M. Porter District Court Judge
Governor Branstad yesterday appointed David M. Porter as judge to the District Court in the 5C Judicial District. Porter was appointed to fill the vacancy created by the retirement of the Honorable Richard G. Blane.
Office of the Governor of Iowa

Iowa gets $2 million to inventory untested rape kits
The Iowa Attorney General's Office is set to count the number of untested rape kits held by police agencies statewide after the U.S. Department of Justice awarded the office $2 million toward the effort.
The Des Moines Register

Iowa Sex Offender Registry marks 20th year
First of two parts
Iowa's Sex Offender Registry marked its 20th anniversary this year. Judging the list for effectiveness, though, depends less on longevity and more on users' expectations.
Waterloo-Cedar Falls Courier

Iowa Sex Offender Registry changed over the years

Second in a two-part series
Iowa's Sex Offender Registry grew from an idea into a law but continues to evolve. Bonnie Campbell, Iowa attorney general from 1991-1995, was among early proponents of the registry.
Waterloo-Cedar Falls Courier

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