January 23, 2019  Past Issues

New jury instructions updates

The Iowa Jury Instruction Committee submitted the following changes and additions to the Iowa Criminal Jury Instructions. These changes and additions were approved by the Committee at its Oct. 26 meeting, and approved by the ISBA Board of Governors at its Dec. 10 meeting.

Following are the instructions that were modified or added (click here to see details on the changes):

• Criminal Instruction 100.7 – Elements
• 1100.1 Robbery In The First Degree – Elements
• 1100.2 Robbery In The Second Degree – Elements
• 1100.3 Robbery In The Third Degree – Elements
• 800.4.1 Assault Using Object to Penetrate Genitalia or Anus – Elements

Jan. 31 webinar to address final 199A regulations

Kristine Tidgren from Iowa State University’s CALT (Center for Agricultural Law and Taxation) will review key components of the final regulations in IRC Section 199A during a webinar on Thursday, Jan. 31. The final regulations were released on Jan.18 by the Department of the Treasury and the IRS. This webinar will include the new trade or business-safe harbor for rental enterprises.

In addition, the webinar will present a review of the current status of 199A, including:
• Final rules for the definition of Qualified Business Income
• Calculation modifications
• W-2 wage guidance and definitions
• UBIA clarifications
• Responsibilities of relevant pass-through entities
• New aggregation rules
• Effective date implications for guidance
• SSTB changes and illustrations
• Loss issues
• Comprehensive example for handling patron's agricultural cooperative income from 2018

The webinar is sponsored by the ISBA and CALT. To register for the webinar click here. An explanation of the new regulations can be found on the CALT website.

ISBA On-Demand Catalog receives new look

The ISBA On-Demand Catalog has been updated to include a new look and improved functionality. With the new catalog, members and non-members continue to have the opportunity to view past ISBA CLE programming at their convenience, 24/7.

As a member benefit, ISBA members receive a discounted rate for on-demand programs. YLD members (years 1-5) have access to the entire catalog at no charge. To receive the discounted member rates, please log-in. Member log-in is the same username and password as the site.

On-demand CLE activity may be credited toward the CLE requirement of 15 hours per year. However, no individual attorney may claim more than six hours of pre-recorded computer-based CLE in any one calendar year. 


Nineteen apply for Iowa Supreme Court vacancy
A total of 19 individuals have applied for the Iowa Supreme Court vacancy that occurred with the retirement of Justice Daryl Hecht in December. On Jan. 30, the State Judicial Nominating Commission will interview the six candidates who weren’t previously interviewed for the vacancy created when Justice Bruce Zager retired last fall.

Videos of the 13 candidates who applied for the previous vacancy can be viewed on the Iowa Judicial Branch YouTube channel, or from the list of candidates on the judicial nominating commission website. Videos of the six candidates not previously interviewed will be available on the YouTube channel after Jan. 30.

Information about the candidates from their applications can also be found on the judicial nominating commission website. A description of the process, from the commission’s actions to appointment by the governor, can be found in this Iowa Judicial Branch news release. The release also provides the contact information for submitting comments about the candidates. Comments must be submitted by the conclusion of all the interviews.

2019 Iowa Code, Court Rules and other publications now available for order

The Legislative Services Agency is now offering for sale a number of its Iowa General Assembly legal publications produced in both print and electronic formats. These include printed copies of the 2019 Iowa Code (which allows a purchaser to download free versions of the 2019 and 2020 Iowa Law Infobases), the 2018 Iowa Acts, the 2019 Iowa Court Rules and the 2017-2018 Iowa Official Register (“Redbook”). LSA is also offering for sale the downloadable 2019 Iowa Law Infobase containing its current legal publications as well as a number of other legislative documents.

The current private sector prices for these publications are $275 for the Iowa Code, $75 for the Iowa Acts, $35 for the Iowa Court Rules and $15 for the Redbook. The current private sector price for the 2019 Iowa Law Infobase is $50.

Visit the Iowa General Assembly’s website to make a purchase by either completing an online order or printing a paper mail-in order form.

Vogel elected chief judge of Court of Appeals

A 23-year veteran of the Iowa Court of Appeals has been elected chief judge by the members of the court. Judge Gayle Nelson Vogel, Spirit Lake, becomes the ninth chief judge since the legislature established the appeals court in 1976.

Born in Rockford, Illinois, Chief Judge Vogel graduated cum laude from Rockford College in 1971, and Drake University Law School, Order of the Coif, in 1983. After law school, she practiced law in Knoxville until she was appointed to the court of appeals in 1996 by Governor Terry Branstad.

As chief judge of the nine-member court, Chief Judge Vogel will supervise the business of the court, preside when present at a session of the court and serve on the judicial council, while continuing to review cases and author opinions. Read the news release from the judicial branch for more information about Chief Judge Vogel, and for a list of the eight previous chief judges.


No. 17-0637
State of Iowa v. Robert A. Davis
Robert Davis seeks further review of a court of appeals decision affirming his conviction for operating while intoxicated, second offense, and upholding a district court ruling denying his motion to suppress.

No. 17-1419
David Lowell Evenson v. Winnebago Industries, Inc. and Sentry Insurance Company
A workers’ compensation claimant appeals a decision of the district court over a dispute concerning workers’ compensation penalty benefits.

Kim Reynolds proposal would restore voting rights to felons who have served their sentences
Felons would be allowed to register to vote after completing their prison sentences, probation and parole under a proposed constitutional amendment released Tuesday by Gov. Kim Reynolds.
Des Moines Register

Is recording others legal, and is it ethical?
“What kind of a lawyer would tape a client?” tweeted President Donald J. Trump upon learning his former counsel Michael Cohen had taped a 2016 conversation between the two of them that dealt with many subjects, including payments to a former Playboy model who alleged a past sexual liaison with the president.

Supreme Court revives transgender ban for military service
The Supreme Court on Tuesday revived the Trump administration’s policy of barring most transgender people from serving in the military.



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