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April 17, 2019  Past Issues

Spread the word: "People's Law School" tomorrow at the ISBA

The ISBA is hosting a "People's Law School" seminar Thursday, April 18, (tomorrow) on power of attorney, healthcare directives and disposition of remains. This free public seminar will be held at the bar association headquarters at 625 E. Court Ave., in Des Moines at 5:30 p.m. Please help spread the word among colleagues and clients.

The speakers are Greg Kenyon, elder law attorney with the Bradshaw Law Firm, and Deanna Clingan-Fischer, Ombuds Officer at Iowa State University. This seminar is also being livestreamed in Dubuque and Centerville, with cooperation from local bar associations in those communities.

The People’s Law School series is the ISBA’s latest public outreach effort to help Iowans navigate life’s legal questions. If your county or local bar association is interested in co-hosting an upcoming People’s Law School event, or if you have ideas for future topics and speakers, please contact: peopleslawschool@iowabar.org.


Latest Fiduciary Tax Manual available for sale

The 2019 version of the ISBA's Fiduciary Tax Manual is now available for sale on the ISBA's website. The cost is $99 for members for a hard copy version of the manual.

Attendees registered for the Tax and Fiduciary Update Seminar on May 10 will receive the electronic version of the manual free with their registrations. To register for the seminar click here.

This Fiduciary Tax Manual was originally written in 1991, and has been revised in 1994, 2003, 2013 and now 2019. It provides an overview of the federal and Iowa fiduciary income tax returns for estates and trusts and incorporates examples and forms to illustrate certain aspects of those returns.


Supreme Court seeks comments on proposed amendments concerning exhibits

The Iowa Supreme Court is seeking comments on proposed amendments to the Iowa Rule of Electronic Procedure 16.412 concerning the electronic submission of exhibits. The deadline for commenting is 4:30 p.m. May 31.

The proposed amendments were drafted by the EDMS Business Advisory Committee (EBAC) to address the variety of exhibit submission processes, varying uses of exhibit maintenance orders and discordant adherence to the chapter 16 rules of electronic procedure that have contributed to inconsistent practices across the state.

The proposed amendments include:
• Requiring electronic submission of proposed exhibits prior to hearing or trial, with limited exceptions to the requirement, in rule 16.412(2)
• New provisions in rule 16.412 clarifying the roles and responsibilities for parties, the court and clerks of courts in mistrials (16.412(9)), criminal codefendant trials (16.412(10)) and new trials (16.412(11)).

Read the full order here. For a description of rule 16.412 with amendments included, click here.


Attorneys asked to participate in survey on client litigation outcomes

A law firm in California is working to gather national data on litigation outcomes through a survey. The purpose is to gather research on the correlation between client outcomes and various litigation variables. If you are a litigator, consider taking this short survey. The results will be shared with ISBA members upon completion.


 
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Get ready for the Government Practice Seminar

Margaret Johnson, Chair, Government Practice Section
With warmer weather and green grass comes the annual event eagerly anticipated every spring -- the Government Practice Seminar. This annual CLE will be held on May 2 from 8:30 a.m. to 4:00 p.m. at the ISBA building in Des Moines and is also available by live webinar.

This year’s lineup features Tom Levis, ISBA president, and three of his fellow travelers, as they share their experiences traveling to Cuba as part of an ISBA-sponsored trip in February. Emily Chafa, chair of the ISBA Diversity and Inclusiveness Committee, will discuss diversity, ethics and inclusion in government. Programming also includes a legislative and case law update, an update of issues that can arise at the Ethics and Campaign Disclosure Board and tips on appearing before an administrative law judge.

Following the CLE, a complimentary reception will take place allowing participants to interact with the presenters, section members and other legal professionals.


I.O.W.A. seeking nominations for annual awards

The Iowa Organization of Women Attorneys (I.O.W.A.) is currently seeking nominations for two awards that it presents at its annual meeting and dinner. The Arabella Mansfield award, named after the first woman to practice law in the United States (admitted to the Iowa bar in 1869), recognizes outstanding women lawyers in Iowa who have promoted and nurtured women in the legal profession. The Gertrude Rush award, named after the first African-American woman to be admitted to practice in Iowa (in 1918), recognizes a lawyer who demonstrates leadership in the community and profession, as well as a concern for human and civil rights.

Nominations for the 2019 awards are due April 30. Details can be found here.


IRS publishes interest rates for May

The IRS has published the various prescribed rates for federal income tax purposes for the month of May. The rates include the applicable federal interest rates, the adjusted applicable federal interest rates, the adjusted federal long-term rate and the adjusted federal long-term tax-exempt rate.

The new rates are available here. Scroll down to see the rate tables.



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SUPREME COURT OPINIONS
No. 16-1544
Michael Jefferson v. Iowa District Court for Scott County
The plaintiff seeks further review of a court of appeals decision upholding the district court denial of his motion to correct an illegal sentence and his application for appointment of counsel.
DECISION OF COURT OF APPEALS VACATED; WRIT SUSTAINED

No. 17-1169
Winger Contracting Company, et al v. Cargill, Incorporated
Interlocutory appeal from a grant of partial summary judgment.
AFFIRMED

No. 18-0594
State of Iowa v. Evan Paul Headley
A defendant appeals his sentence on various grounds.
SENTENCE AFFIRMED IN PART, VACATED IN PART, AND REMANDED

No. 18-0599
Wells Fargo Equipment Finance Inc. v. Jason Retterath and Analia Retterath
A judgment debtor and his wife appeal from a district court ruling dismissing their petition to vacate a charging order.
AFFIRMED

IN OTHER NEWS
Law libraries chart a new direction for the future, new report shows
Law librarians have recognized rapid technological shifts in their profession and, as a result, plan to focus on new skills for the future, according to data released Tuesday by the American Association of Law Libraries.
ABAJournal

Law firms warned about diversity by contractor watchdog
The Trump administration’s federal contractor police plans to take a closer look at diversity and discrimination at law firms, a Labor Department official said.
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Jail concerns drive big increase in complaints for State Ombudsman in 2018
The State Ombudsman’s annual report shows complaints to her office increased by 5,000 in 2018.
RadioIowa


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