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February 20, 2019  Past Issues

URGENT LEGISLATIVE ALERT: Today at 3 p.m., the House Judiciary Committee will debate HSB110, the bill that changes Iowa’s judicial selection process, giving politicians more control over the members of Judicial Nominating Commissions. Please contact members of the House Judiciary Committee IMMEDIATELY and tell them to stop this bill from proceeding.


Governor names Court of Appeals Judge McDonald to Iowa Supreme Court

Governor Kim Reynolds today named Iowa Court of Appeals Judge Christopher McDonald to the Iowa Supreme Court.

McDonald was one of three finalists chosen by Iowa's State Judicial Nominating Commission. The other finalists were Chief District Court Judge Kellyann Lekar of Waterloo and District Court Judge Dustria Relph of Corydon.

McDonald will replace Justice Daryl Hecht, who retired from the court for health reasons.

Click here to learn more in the Des Moines Register’s story.


People's Law School TOMORROW focuses on Medicaid Eligibility

On Thursday, Feb. 21, The Iowa State Bar Association is hosting its second seminar in the “People’s Law School: Older Iowans” series.

This free public event will include an overview of Medicaid eligibility for nursing homes and other long-term care facilities, the Medicaid programs available in Iowa and medical assistance income trusts.

Please help spread the word to your clients or members of your community about this ISBA public service initiative. It will be held at the ISBA building on 625 E. Court Ave. in Des Moines from 5:30 - 7:00 p.m.


March 1 is deadline to apply for committees, section councils

You have slightly more than a week to apply for an ISBA committee or section council for the fiscal year that begins July 1. Committees and sections are a vital part of the success of the association because it is through them that the association is able to conduct the activities and provide the services that are important to members, according to President-elect Bill Boyd.

“For members who have not been actively involved in ISBA activities, serving on a section council or a committee is a way to become involved in the leadership of the association and advance and shape the future of the ISBA,” he says.

Boyd will begin making appointments to both committees and section councils next month and will announce the appointments this spring. They become effective by the annual meeting in June.

Click here to access the online application form. You can apply for up to three committees or section councils. However, you must be a member of a section to apply for its council. See the list of committees here. View a list of sections at this link.



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ISBA accepting Iowa Court Rule 39.18 designated representative requests
In 2018, The Iowa State Bar Association became the first bar association to make a new succession planning service available to attorneys in private practice -- those in solo practices as well as those practicing in a firm with other attorneys.

Under Iowa Court Rule 39.18, Iowa-licensed lawyers must take steps to prepare for their own disability or death. Questions that are related to Rule 39.18 compliance are included on the Iowa Client Security Commission 2019 Client Security Reports to be filed with the Supreme Court’s Office of Professional Regulation by March 10 without penalty. The questions include, but are not limited to, the identification and authorization of a “designated representative.” The ISBA may serve as a “qualified attorney-servicing association,” for attorneys in private practice for the purposes of meeting the Iowa Court Rule 39.18 designation requirement.

The ISBA continues to accept requests to serve as designated representative from ISBA members. The ISBA reserves the right not to enter into an agreement to serve as a "qualified lawyer servicing association" for the purposes of Court Rule 39.18.

To submit your request for the ISBA to serve as designated representative, review and -- if you qualify and agree -- submit a signed Law Practice Succession Agreement and nominal fee to The ISBA. To review the agreement, click here. Please submit questions via email to SuccessionPlanning@iowabar.org. ISBA members with fully executed Law Practice Succession Agreements do not need to submit an additional signed Law Practice Succession Agreement.

For additional resources on Rule 39.18 compliance, please visit the ISBA’s website and search for “Succession Planning”, or click here.


The ISBA wants to hear from you: Take the survey!

If you haven't already done so, please take the time to fill out the 2019 ISBA Membership Survey, designed to help identify which member services and benefits represent the greatest value to you. The deadline to complete the survey is March 15.

To show appreciation for your participation in completing the survey and entering your contact information, you will automatically be entered into a drawing for prizes including an Amazon Echo Dot, a Google Home Mini or one of three Amazon gift cards. The drawing will take place on March 18, and winners will be notified.

Click here to take the survey.


Important message from Iowa Judicial Branch I.T.

All court applications and systems will be unavailable Thursday, Feb. 28, from 12:01 a.m. until 6 a.m. while the Judicial Branch Internet provider updates its hardware.

This update affects access to the following systems and applications: eFile, eJuror, Iowa Courts Online and EPay.


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SUPREME COURT OPINIONS
No. 16-1534
Theresa Seeberger v. Davenport Civil Rights Commission and Michelle Schreurs
Landlord seeks further review of court of appeals decision affirming damage award for housing discrimination and restoring attorney fee award.
DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED

No. 18-1229
Iowa Supreme Court Attorney Disciplinary Board v. Matthew L. Noel
The grievance commission recommends we suspend an attorney’s license for an indefinite period of at least one year based on the attorney’s conduct of charging and collecting excessive fees, conduct reflecting adversely on his fitness to practice law, and conduct involving deceit.
LICENSE SUSPENDED

IN OTHER NEWS
Why lawmakers should abandon plans to change Iowa's judicial selection process
In this hyper-partisan political world, Iowa can often be the exception. For most of my time as governor of Iowa, Republicans held the majority in the Iowa House and Senate.
Des Moines Register

Competency on trial: Judges routinely force medication on mentally unstable defendants
On a cold November day in 2015, Robert Lewis Dear Jr., wearing a T-shirt and protective vest constructed with duct tape and coins, turned to three people standing in the parking lot of a Colorado Springs Planned Parenthood and said, “You shouldn’t have come here today.”
ABAJournal

Mastery of Constitution gets Sioux City North senior trip to Washington
How well do you know the U.S. Constitution?
Sioux City Journal

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JOB LISTINGS

General Practice/Litigation Attorney - Clemens, Walters, Conlon, Runde & Hiatt, LLP, Dubuque, IA

Associate Attorney - Wetsch Abbott Osborn Van Vliet PLC, West Des Moines, IA

Municipal Attorney - Hopkins & Huebner P.C., Des Moines, IA

Associate Attorney - Harned & McMeen, Marengo, IA

Associate Attorney - Rawlings Law Firm, Sioux City, IA

Exchange Officer - IPE 1031, West Des Moines, IA

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

Attorney - Pasley and Singer Law Firm, LLP, Ames, IA

Assistant United States Attorney - United States Attorney Southern District of Iowa, Des Moines, IA

Associate Attorney - Carmoney Law Firm PLLC, Des Moines, IA

Associate Attorney - Bruner, Bruner, Reinhart & Morton, LLP, Carroll, IA

Associate Attorney - Confidential Employer, Davenport, IA

Managing Attorney - Kids First Law Center, Des Moines, IA

Administrative Services Coordinator to the Associate Vice President for Legal Affairs - University of Iowa Health Care, Iowa City, IA

Associate Attorney - McEnroe, Gotsdiner, Brewer, Steinbach & Rothman, P.C., West Des Moines, IA

Assistant United States Attorney - Civil - United States Attorney's Office, Cedar Rapids, IA

Assistant City Attorney - City of Iowa City, Iowa City, IA

Associate Attorney - McDonald, Woodward & Carlson, P.C., Davenport, IA

Iowa Title Guaranty Director - Iowa Finance Authority, Des Moines, IA


ADMISSION ON MOTION
The following individuals applied for admission on motion to the Iowa Bar:

Rick J. Halbur, Gislason & Hunter LLP, New Ulm, MN

Scott Michael Murphy, Wells Fargo, Des Moines, IA

Ann Marie Byrd, University of Iowa, Iowa City, IA

Christopher Pitman, Papillion, NE

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: 515-348-4670.


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