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March 13, 2019  Past Issues

Senate passes judicial nominating bill, House to vote next

Legislation that increases the involvement of partisan politicians in the selection of Iowa judges is moving swiftly ahead through the legislature. The Iowa Senate passed through an amended version of the judicial nominating bill on Tuesday.

The revised SF237 is now similar to the House version, which takes away the opportunity for Iowa attorneys to vote on members of the State Judicial Nominating Commission, and instead gives that power to legislative leadership. The amendments eliminated the portion of the bill that would have applied these changes to district nominating commissions. You can read additional analysis of the bill and coverage from the Senate vote in this Des Moines Register article.

ISBA leadership and the legislative team appreciate all bar members who have called and written their lawmakers on this issue, but additional effort is still needed. It is now crucial that you make your voice heard to your House Representative as soon as possible. A vote has not yet been scheduled on HF503, but is imminent.

It is not just lawyers who are opposed to this bill. Please read and share these strong rebukes by prominent members of the business community:

Op-ed from Pat Baird, former President/CEO of AEGON/Transamerica
Op-ed from Ray Beebe, former General Counsel of Winnebago Industries
Letter to the Governor from Dan Houston, President/CEO of Principal Financial
Letter to Lawmakers from Susan Voss, former Iowa Insurance Commissioner and General Counsel of American Enterprise Group

If you contact your lawmakers, please provide a courtesy copy to Jim Carney, ISBA Chief Legislative Counsel.


Trustifi hosting March 28 webinar for ISBA members

ISBA members are now able to easily integrate email security and encryption, tracking, reverse DNS lookup and more into their email communications with Trustifi. At a time when law firms are becoming increasingly targeted by cyber criminals, this is a crucial service for attorneys who want to protect their business and strengthen their cybersecurity infrastructure.

To further introduce the military-grade encryption program to members, Trustifi is holding an informative webinar on March 28 from 2:00–2:30 p.m. During this presentation, attendees will see a demonstration on just how easy and hassle-free the Trustifi service is to adopt and use in a firm immediately.

Attendees will learn how to:
• Encrypt email
• Prove email delivery
• Track email opening
• Recall messages
• Authenticate incoming emails
• Avoid phishing and scam emails

Trustifi is now being made available to every single ISBA member at a deeply discounted rate ($25 annually).


 
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Iowa Supreme Court will go on the road to Forest City

On April 2, the Iowa Supreme Court will hold oral arguments in Forest City that are open to the public. The proceedings will take place in the Boman Fine Arts Center, beginning at 7 p.m.

The court will hear arguments in two companion cases: Mathis v. Iowa Utilities Board, et al., and Mathis, et al. v. Palo Alto County Board of Supervisors, et al, both related to the permitting process for wind energy projects. Click here to learn more about these cases and the public oral argument schedule.


Commercial and Bankruptcy section seminar slated for April 5
The ISBA Commercial and Bankruptcy section is sponsoring its annual Commercial and Bankruptcy Law Seminar on April 5. Attendees will have the option to attend in-person at the ISBA Headquarters or via the web as a live webinar. This year’s seminar has been approved for 6.75 state hours, which includes .75 ethics hours.

The program will include several timely topics on recent issues on the agricultural front. Joseph Peiffer and Don Swanson will present on Farming on the Edge: The Bankruptcy Option. Thomas Ashby and Gary Norton will team up to cover Representing Agricultural Creditors: Ideas for Progress After Default.

Other topics included in the conference include Receiverships, Mechanic’s Liens for Lenders, Commercial Case Law Update and Current Ethics Issues. Rebecca Bortolotti from Advent IP will discuss Software in Commercial Transactions. Bankruptcy Judges Hon. Lee Jackwig, Hon. Thad Collins and Hon. Anita Shodeen provide their views of bankruptcy and offer tips and insights.

To see the complete agenda and to register, click here. Look for the code to receive the special $175 price for ISBA Commercial and Bankruptcy section members.


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SUPREME COURT OPINIONS
No. 16-2177
State of Iowa v. Jeffrey John Myers
Appellant appeals from a judgment and sentence for operating a motor vehicle with the presence of a controlled substance in his person.
REVERSED AND REMANDED

No. 17-1149
Ames 2304, LLC v. City of Ames, Zoning Board of Adjustment
The City of Ames’s Zoning Board of Adjustment seeks further review of a court of appeals decision sustaining Ames 2304’s writ of certiorari regarding the legality of the Board’s denial of Ames 2304’s permit for a proposed interior remodel.
WRIT SUSTAINED

No. 18-0129
Metropolitan Property and Casualty Insurance Company d/b/a Metlife Auto & Home and Economy Premier Assurance Company v. Auto-Owners Mutual Insurance Company
Business insurer appeals judgment in favor of homeowners’ insurer for indemnification for half the cost of a settlement of tort claims arising from an accidental shooting death on the insured property.
AFFIRMED

No. 18-0184
State of Iowa v. Bernard Anthony Smith
A defendant challenges his sentence as a habitual offender and the imposition of restitution and a fine.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED

No. 18-1158
Eerieanna Good and Carol Beal v. Iowa Department of Human Services
The Iowa Department of Human Services appeals a district court decision striking down Iowa Administrative Code rule 441—78.1(4), which prohibits Medicaid coverage for gender-affirming surgery.
AFFIRMED


IN OTHER NEWS
Cost of public records can be a barrier to transparency
The Wisconsin Department of Justice recently said copies of public records shouldn’t cost more than 2 cents a page — the actual cost for paper and use of the copier — but some Iowa government agencies still are charging 50 cents to $1.
The Gazette

Sexual assault survivors may be re-traumatized by high-profile case coverage
CBS This Morning’s Gayle King’s now infamous interview with R. Kelly is an explosive moment of television.
Fox28

6th Judicial judges honor employees for service, dedication
This year’s annual court service awards were presented earlier this month to clerks, court attendants and court reporters for their dedication, service and loyalty to the 6th Judicial District.
The Gazette


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JOB LISTINGS

Staff Attorney - Muscatine Legal Services, Des Moines, IA

Director, Career Development Office - Drake Law School, Des Moines, 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

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

Associate Attorney - Confidential Employer, Davenport, IA

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

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

Staff Attorney - Muscatine Legal Services, Muscatine, IA

Deputy Director for Finance and Operations - Iowa Legal Aid, Des Moines, IA

Term Law Clerk - U.S. District Court, Southern District of Iowa, Des Moines, IA

Assistant Attorney General - Iowa Department of Justice - Attorney General, Sioux City, IA

Assistant Attorney General 3 - Iowa Attorney General's Office, Ames, IA

Paralegal - Legal Hotline for Older Iowans - Iowa Legal Aid, Des Moines, IA


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

Ryan J. Springer, EMC Ins., Des Moines, IA

Bradley Ryan Hansen, Sioux City, IA

Steven W. Jacobson, NBKL Law, Chicago, IL


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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