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 May 2, 2018  Past Issues

ISBA preparing to launch new community portal program

The ISBA is preparing to launch a new community portal program for members called “ISBA Engage.” This will serve as your revamped connection to the 8,000-some ISBA member colleagues who share your challenges and successes. This new program will be an enhanced way for you to ask advice, share experiences and build relationships, eventually replacing the current section and committee web pages and listserv systems.

In the coming weeks, ISBA staff will continue to test the system, in preparation for a soft launch to all membership on June 1. The official launch will occur during Annual Meeting 2018 in mid-June.

Members who already have profile information in the ISBA member database will have their information automatically migrated over to the new ISBA Engage website. If you are currently signed up for section and committee listservs, you will be auto-subscribed to those within this new system.

Upon launch, ISBA staff will be releasing several “how-to” videos to help members get acquainted with this new program and all it can offer. Please look for additional information on the transition in the coming weeks.


Iowa House, Senate agree on increase in judicial branch budget for FY19

The Iowa House passed HF 2495 Monday, April 30, that will give the judicial branch $3.5 million in new funding for FY19. According to Gary Worthan, chair of the House Justice System Appropriations Subcommittee, the Senate has agreed to that number as well.

Originally, the Senate had proposed $2.2 million in new funding while the House proposed $4.3 million.

The new funding brings the judicial branch budget to $177.5 million, which is $3.4 million more than the current FY18 appropriation after the de-appropriation. It means that the judicial branch will be able to maintain current service levels in all 99 counties, according to Todd Nuccio, state court administrator.

“This is good news, and we really appreciate everyone’s outreach to legislators in support of the budget,” says Molly Kottmeyer, counsel to the chief justice.

Language to allow the supreme court to set judicial officer salaries for FY19 was removed from the bill, despite efforts to keep it intact. The court will make the final decisions regarding the budget in June, according to Kottmeyer.

Read the judicial branch bill here.


May Iowa Lawyer now available online

The May issue of The Iowa Lawyer magazine is now available online. In this issue, you will learn about a new coordinated effort to combat identity theft in Iowa, read a primer on reasonable royalty damages in intellectual property cases and learn about the attorney-impact from the new Customer Due-Diligence rule for financial institutions. You can also read about all that ISBA Annual Meeting 2018 has to offer.

Those who elect to receive the print version of the magazine should see it in mailboxes this week. Those who no longer wish to receive the printed version of the magazine can elect to receive it electronically by navigating to their ISBA account settings and selecting "yes” for the "Iowa Lawyer Magazine Online” option.



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Programming set for 2018 ISBA Annual Meeting

Over the last nine months, the ISBA Annual Meeting Committee has worked tirelessly to put together a stellar annual meeting. With more than 25 educational tracks consisting of nearly 100 speakers now scheduled for this year’s event, the various tracks are designed to meet the needs of all Iowa legal professionals, regardless of practice area.

The committee has established an impressive group of local and nationwide speakers to help educate participants on the latest legal practices and trends. Featured presenters include:
Prof. Todd Pettys, H. Blair and Joan V. White Chair in Civil Litigation, University of Iowa College of Law
George Psiharis, CLIO
Robert Kirkland, Kirkland Woods & Martinsen LLP
Ellen Krug, Human Inspiration Works, LLC
Timothy Gartin, Hastings, Gartin & Boettger LLP

The ISBA Annual Meeting takes place June 18-20 at the Community Choice Credit Union Convention Center in Downtown Des Moines. Outside of the educational benefits the event offers, the conference is also a chance to step back, connect with colleagues through a multitude of networking opportunities and remind yourself why the work Iowa legal professionals do is important.

For more information, including registration details, visit the event page.


I.O.W.A. seeks nominations for Mansfield, Rush awards

The Iowa Organization of Women Attorneys (I.O.W.A.) is seeking nominations for the 2018 Arabella Mansfield and Gertrude Rush awards. Nominations are needed by the May 25 deadline. The awards will be presented during the I.O.W.A. annual awards banquet on Aug. 14.

The Arabella Mansfield award was established in 2002 to recognize outstanding women lawyers in Iowa who have promoted and nurtured women in the legal profession. When admitted to the Iowa Bar in 1869, Mansfield became the first woman lawyer admitted to the practice of law in the United States.

The Gertrude Rush award was co-established by I.O.W.A. and the Iowa Chapter of the National Bar Association in 2003 to recognize lawyers who manifest the pioneering spirit of Gertrude Rush through demonstrated leadership in the community and the legal profession and concern for human and civil rights. Rush was the first African-American woman to be admitted in 1918 to the practice of law in Iowa.

Nomination forms in PDF format, along with a list of past recipients and descriptions of the awards, can be found here.


IRS reminds practitioners to keep records of electronic and phone contacts

Most tax professionals know they need to keep good records of client information for a complete tax record. Good recordkeeping also extends to electronic and telephone contacts with the IRS. Having a complete record of all documents and contacts may speed up resolution of any issues.

In particular, practitioners needing to contact the IRS by telephone should note key information from the conversation including:
• The date and time of the call
• The name and employee identification number of the contact representative
• Any resolution or information received from the representative.

The agency also suggests that practitioners check the IRS.gov website before calling. Chances are the topics and information people ask about most can be found on the website, and there will be no need to call.


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SUPREME COURT OPINIONS
April 27

No. 16-0824
State of Iowa v. John Walter Mulder
A juvenile offender appeals from resentence by the district court to life imprisonment with parole after forty-two years.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED AND REMANDED

No. 16-0955
State of Iowa v. Wonetah Einfeldt
A defendant argues that the district court erred in failing to order a competency hearing during trial and in excluding certain evidence.
REVERSED AND REMANDED

No. 17-0686
City of Des Moines, et. al. v. Iowa DOT
Three cities appeal a district court order upholding administrative
rules issued by the Iowa Department of Transportation.
REVERSED AND REMANDED

No. 17-1237
In the Matter of Property Seized from Bo (Brian) Li, Na Tian, and Wei Tian
State appeals judgment dismissing civil in rem forfeiture action
against spa advertising massages.
AFFIRMED


IN OTHER NEWS
Fate of dozens of Iowa court rulings remains unclear
With the outcomes of possibly 200 court cases thrown into question after now-retired District Judge Edward Jacobson admitted that he sometimes had lawyers write rulings for him, dozens of people are left wondering if their case was one of them.
Sioux City Journal

Jerry Larson, longest-serving Iowa Supreme Court justice, dies at 81
Iowa's longest-serving state supreme court justice, Jerry L. Larson, died early Wednesday morning of natural causes, his son confirmed. He was 81.
Des Moines Register

Cedar Rapids attorney selected as next federal magistrate for Northern District
Attorney Mark A. Roberts has been selected as the next U.S. District magistrate for the Northern District of Iowa.
The Gazette

The percentage of women in the federal judiciary is the same as men with these names
The percentage of women in the federal judiciary is the same as there are men with the names David, James, John, Joseph, Michael, Paul, Richard, Robert, Thomas and William.
ABA Journal

 
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JOB LISTINGS

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

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

Director of Policy and Legal Services - Iowa Association of School Boards, Des Moines, IA

Counsel-Agri/Farm Insurance - Nationwide Insurance, Des Moines, IA

Associate Attorney - Stumme, Collins, Gritters & Epley, PLLC, Waverly, IA

Associate - Smith Peterson Law Firm, LLP, Council Bluffs, IA

Attorney - Hopkins & Huebner P.C., Adel, IA

Associate Attorney - Moore Heffernan Moeller Johnson & Meis, Sioux City, IA

Family Law Associate Attorney - Arenson Law Group, PC, Cedar Rapids, IA

Shareholder/Attorney - Confidential employer, West Des Moines, IA

Appellate Counsel 1 - Iowa Judicial Branch, Des Moines, IA

Paralegal - Carmoney Law Firm, PLLC, Des Moines, IA

Staff Attorney I - Iowa Judicial Branch, Des Moines, IA

Assistant General Counsel - Wells Enterprises, Inc., Le Mars, IA

Deputy Counsel - The University of Iowa Office of the General Counsel, Iowa City, IA

Public Finance Attorney - Dorsey & Whitney LLP, Des Moines, IA

Appellate Paralegal - Iowa Judicial Branch, Des Moines, IA


ADMISSION ON MOTION

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

• Mark Reynolds, American Land Title Company, Omaha, NE
• Nicholas Smithberg, Des Moines, IA
• Jon D. Peppetti, Department of the Navy, Fort Myers, FL
• Katie Hartig, Dubuque, IA
• Jacob Enenbach, Omaha, NE
• Bradley Price, West Des Moines, IA

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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