November 28, 2018  Past Issues

Justice Hecht to resign from Iowa Supreme Court
Iowa Supreme Court Justice Daryl Hecht, Sloan, will resign from the state’s highest court on Dec. 13. He has been hearing oral arguments in Des Moines this adjudicative term, which began Sept. 4, while receiving treatment for melanoma in Sioux City and at the Mayo Clinic in Rochester, Minnesota. However, he was unable to sit for the Nov. 13 and 14 oral arguments due to the side effects of the treatment he is receiving.

After discussions with his family, Justice Hecht determined it was essential for him to commit all of his energy to battling the disease. He is married with two daughters and three grandchildren.

Raised on a family farm near Lytton, Justice Hecht received his bachelor’s degree from Morningside College in 1974 and his J.D. degree from the University of South Dakota School of Law in 1977. He received his L.L.M. degree from the University of Virginia Law School in 2004. He practiced law in Sioux City for 22 years before his appointment to the court of appeals in 1999 where he served until his appointment to the supreme court in 2006.

ISBA Holiday Open House

The ISBA is hosting a Holiday Open House on Wednesday, Dec. 19, from 1-5 p.m. at the association’s headquarters, 625 East Court Avenue, Des Moines. Members and their guests are encouraged to drop by to enjoy non-alcoholic refreshments and the music of the season.

This is also a great opportunity to check out the facilities – meeting rooms, conference rooms, private attorney’s offices, etc. -- that are available to you in the decorated-for-the-holidays historic building. You can also mingle with colleagues and visit with the staff. Organizers have hinted that there might be a few games, a few surprises and some holiday gifts. ‘Tis the season of miracles.

To RSVP, email Hank Hanson, ISBA Member Engagement Coordinator

Supreme Court requests comments on proposed mandatory mediation rules

In an order filed Monday, Nov. 26, the Iowa Supreme Court requested public comment on proposed rules for mandatory mediation in certain family law cases. The proposed rules are contained in a new chapter 15 of the Iowa Court Rules.

The proposed rules are the outcome of a recommendation from the Family Law Case Processing Reform Task Force. The task force recommended that the court establish a uniform statewide mediation program for family law cases. These proposed rules would unify the "varying rules and requirements across the state, including instances of differing practices from county to county within the same district,” according to the order.

Instructions for submitting comments can be found at the bottom of the order. The deadline for submitting comments is Feb. 24 at 4:30 p.m.


Last call for Bloethe Tax School registrations and manuals

Those interested in attending the 2018 Bloethe Tax School are encouraged to register prior to Dec. 3 to ensure they receive the early-bird registration rate. Registering after this date will result in a $50 late fee being added to registration fees.

Registering earlier rather than later also gives attendees the opportunity to get their hands on a hard-copy edition of the tax manual. Hard copies are sold on a first-come, first-served basis as limited quantities are available. Cost for attendees is $75.

The ISBA Taxation Section-sponsored event is scheduled for Dec. 5 – 7 at the Des Moines Marriott Downtown. The event offers attendees the opportunity to hear from leading tax experts from private practice and government on the latest tax regulations and legislation.

For more information, including details on networking receptions being held, visit the event page.

New ISBA shirt makes for perfect gift

Perhaps there is no better gift for an Iowa lawyer than an ISBA-designed t-shirt stating “Iowa Lawyers: Hate Us Until You Need Us” that also raises money for Iowa LawPAC. With a $20 contribution to the ISBA’s political action committee (Iowa LawPAC), you can receive the t-shirt while also helping the association support legislators who support the association’s legislative priorities.

A limited number of shirts are available, and they are offered on a first-come, first-served basis.

: Iowa Lawyers: Hate Us Until You Need Us.
Back: ISBA Logo
Color: Navy
Material: 100% cotton
Shirt Sizes Available (Unisex): Small, Medium, Large, XL, XXL, XXXL

Visit the ISBA store to place your order (log-in required). Once in the store, click on the “Misc.” category to locate the latest t-shirt. Members may also purchase the previously designed “The Iowa Bar: Serving Up Justice Since 1874” t-shirt.

IRS warns of 'Tax Transcript' email scam, especially dangerous for business networks

The Internal Revenue Service and its Security Summit partners are warning about a surge of fraudulent emails impersonating the IRS and using tax transcripts as bait to entice users to open documents containing malware.

The scam is especially problematic for businesses whose employees might open the malware, known as Emotet, because it can spread throughout the network and potentially take months to remove successfully.

The scam email pretends to be from IRS Online and carries an attachment labeled 'Tax Account Transcript,' or something similar. The subject line uses some variation of the phrase 'tax transcript.'

The IRS reminds taxpayers it does not send unsolicited emails to the public, nor would it email a sensitive document such as a tax transcript, which is a summary of a tax return. The agency urges taxpayers not to open the email or the attachment. If using a personal computer, delete or forward the scam email to If using a company computer, notify the company’s technology professionals.


Appeal will allow convicted Iowa City man to argue selection of jury pool violated his rights
The Iowa Court of Appeals is giving another chance to an Iowa City man, who was convicted on multiple charges related to drunken driving and drugs, to show that his constitutional right to have a jury that is a representative of his community was violated during his trial last year.
The Gazette

Supreme Court signals Apple could stand trial in antitrust law suit centered on App Store
The Supreme Court sounded open Monday to letting Apple stand trial in a civil suit alleging the maker of iPhones uses monopolistic power to unfairly profit from the sale of third-party apps offered on the devices.
Los Angeles Times

Supreme Court sets high bar for medical device lawsuits
The tiny balloon was supposed to stretch open a blocked artery on Charles Riegel's diseased heart. Instead, when the doctor inflated the balloon, it burst.



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Associate Attorney - Rawlings Law Firm, Sioux City, IA

Corporate Counsel - Mittera Group, Des Moines, IA

Family law/Transactional Attorney - Ball, Kirk & Holm, P.C., Waterloo, IA

Associate Attorney - Petersen Law PLLC, Council Bluffs, IA

Exchange Officer - IPE 1031, West Des Moines, IA

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

Associate Attorney - Jordan & Mahoney Law Firm, P.C., Boone, IA

Associate Attorney - Confidential Employer, West Des Moines, IA

Associate Attorney - Shafer & Shafer Law Office, Waukon, IA

Associate General Counsel/ Compliance Director - Planned Parenthood of the Heartland, Des Moines, IA

Attorney II (Assistant County Attonrey) - Pottawattamie County, Council Bluffs, IA

Staff Attorney-Water Program - Iowa Environmental Council, Des Moines, IA

Assistant City Attorney - City of West Des Moines, West Des Moines, IA

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

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

Real Estate Associate - Faegre Baker Daniels, Des Moines, IA


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

Arick Reagen Sears, Mid American Energy Company, Des Moines, IA

Jerry Lee Pigsley, Woods & Aitken LLP, Lincoln, 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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