February 14, 2018  Past Issues

Now is the time to apply for ISBA section councils and committees

The ISBA is currently seeking applications to serve on section councils and committees for the new fiscal year starting in June. Please log onto to submit your online application for the more than two dozen section councils and committees that make up the ISBA. President-Elect Tom Levis will be evaluating the applications in the spring.

The ISBA needs active participation from its members to thrive. Please consider applying for these important leadership positions. The deadline for submitting applications is March 10.

ISBA members invited to participate in legal expertise survey

Two law professors are surveying bar association members nationally in order to understand how legal expertise impacts the way people think about laws.

ISBA members are invited to participate in the study to aid in their research project. The survey is estimated to take about four minutes.

ABA Retirement Funds managers advise staying the course in market drop

With the stock market losing about 10 percent of its value last week, some investors are wondering if they should sell to avoid further losses. Don’t do it, say managers of the ABA Retirement Funds program. The downturn is a normal part of the market as it tries to correct itself to a sustainable level.

Managers offer numerous reasons why not to panic, and why to stay the course. Click here to see the Feb. 6 report from Voya Financial, which manages the ABA Retirement Funds portfolios. The report outlines some of the factors that contributed to the selloff, and some things to keep in mind amid the uncertainty.

Also, check out Voya’s forecast for 2018, and its investment philosophy.


Juvenile Seminar offers great speaker lineup

Ellen Ramsey-Kacena, Juvenile Law Seminar chair
The Iowa State Bar Association Annual Juvenile Seminar is coming up on Thursday, March 8. Registration is now open. You won’t want to miss this year’s seminar. The committee has worked diligently to put together some phenomenal and timely content for the juvenile law practitioner.

Some of the highlights will include national speaker, Dr. Ed O’Connor, presenting on Juvenile Psychological and Risk Assessments: Common Themes in Juvenile Psychology. Dr. Connor has developed a specialization in Forensic Psychology with a reputation for being thorough, balanced and accurate in forming his professional opinions and recommendations. He is frequently requested by the courts, community agencies and other public and private entities to provide his clinical opinion and expert testimony.

Dr. Rizwan Shah, emeritus faculty at Blank Children’s Hospital, a noted local expert, will present on Medication Assistant Treatment, critical and timely information addressing the heroin crisis in Iowa, which is also a frequent recurring issue in Child in Need of Assistance proceedings.

Other speakers include Judge Colin Witt (Best Practices from the Bench), Professor Brent Pattison (Case Law Update), Nicole Proesch (Cyberbullying), Julie Zalenski and Rachel Antonuccio (Immigration Issues in Juvenile Court) and Tara van Brederode (Ethics/Technology in Juvenile Cases). This seminar will also be offered as a live webinar.

A discounted package price is also available for those interested in both the Juvenile and Criminal Seminars, March 8 and 9 at the ISBA headquarters.

Help clients avoid this new tax scam

The Internal Revenue Service is urging tax professionals to step up security and beware of phishing emails that secretly download malicious software that can help cybercriminals steal client data. Because of the inroads that the IRS and its Security Summit partners have made against identity theft in recent years, cybercriminals have evolved their tactics to focus on tax professionals where they can steal client data. Thieves know it is more difficult to identify and halt fraudulent tax returns when they are using real client data such as income, dependents, credits and deductions.

Under the new scam, cybercriminals use the stolen data to file returns and have the refunds deposited into individuals’ real bank accounts. They then use various tactics to reclaim the refund from the taxpayers.

One tactic involves criminals posing as debt collection agency officials acting on behalf of the IRS who contact taxpayers to say a refund was deposited in error and asking them to forward the money to their collection agency. In another version, taxpayers who receive the erroneous refunds get an automated call with a recorded voice claiming to be from the IRS and threatening them with criminal fraud charges, an arrest warrant and a “blacklisting” of their social security numbers. The recorded voice gives the taxpayers a case number and a telephone number to call to return the refund.

Click here to see the procedures the IRS recommends for tax professionals to report potential data thefts. Click on this link to see the proper procedures for returning erroneous deposits.


Feb. 9

No. 16-0372
State of Iowa v. Clark Andrew Brewster
A defendant challenges his conviction for OWI, second offense, contending his stipulation to a prior conviction was neither voluntary nor knowing.

No. 17-0460
State of Iowa v. Chad Dennis Vance
Criminal defendant appeals a magistrate’s extension of a no-contact order for five years in a simple misdemeanor case.

No. 17-0476
State of Iowa v. John William Ness
The defendant appeals his conviction for operating while intoxicated third offense, contending the district court erred in admitting the results of a breath test administered by his probation officer.

Their new neighbors are 10,000 hogs. Do they have the right to sue?
Should the Iowa Supreme Court declare unconstitutional a law that shields large animal feeding operations from lawsuits?
Des Moines Register

Bill to change Iowa Supreme Court rule advances in Senate
The Senate Judiciary Committee approved a bill Monday that would require a supermajority of Iowa Supreme Court justices to declare a law unconstitutional.
Iowa Public Radio

Capital punishment bill won't advance in Iowa Senate
An Iowa Senate bill to reinstate capital punishment in Iowa won't advance in the Legislature's 2018 session.
Des Moines Register

Bill in Iowa Legislature takes on campus free speech
On the heels of a high-profile lawsuit pitting a Christian student group against the University of Iowa, the Republican chair of Iowa’s Senate Education Committee has proposed a bill detailing how public universities and community colleges should handle free-speech issues.
The Gazette




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Transaction Attorney - Duncan, Green, Brown & Langeness P.C., Des Moines, IA

Attorney - Liberty Mutual Group, Omaha, NE

Associate Attorney - Davis Brown Law Firm, Des Moines, IA

Attorney - Gislason & Hunter LLP, Des Moines, IA

Associate Attorney - Leff Law Firm, LLP, Iowa City, IA

Associate Attorney - Hinshaw, Danielson & Marquess, P.C., Marshalltown, IA

Law Clerk - Hupy and Abraham, S.C., West Des Moines, IA

Attorney - Stinson Leonard Street LLP, Mankato, MN

Product Liability & Environmental Associate - Faegre Baker Daniels, Des Moines, IA

Lateral Attorneys - Fredrikson & Byron, P.A., Des Moines, IA

Attorney - Stanley, Lande & Hunter, Davenport, IA

Business and Estate Planning Attorney - Crary Huff Law Firm, Sioux City, IA

Litigation Attorney - Crary Huff Law Firm, Sioux City, IA

Paralegal - Wandro & Associates, P.C., Des Moines, IA

U.S. Magistrate Judge - Northern District of Iowa, Cedar Rapids, IA


The following individual applied for admission on motion to the Iowa Bar:

Michael J. Neuerburg, Marek, Griffin & Knaupp, Port Lavaca, TX

Anyone with questions or comments on the above applicants should contact: Tre Critelli at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; Phone: 515-725-8029.


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