An independent student newspaper serving Iowa State since 1890
10.30.2018 Vol. 219 No. 052
Knowing the code
TUESDAY
JORDYN DUBOIS/ ISD David Ringholz, a finalist for the inaugural director of the Student Innovation Center spoke in Howe Hall on Monday.
Finalist speaks at Student Innovation Center Forum
an IOWA STATE DAILY investigation
BY JORDYN.DUBOIS @iowastatedaily.com
IOWA STATE DAILY Correspondence between Michael Norton and Husch Blackwell, and correspondence between the Attorney General’s Office and the exectutive council.
Iowa State attorney hired special counsel before approval, records show BY K.RAMBO @iowastatedaily.com Iowa State university counsel Michael Norton may have violated the law by hiring outside counsel without proper authorization, according to a legal expert. An email on June 1, 2017, shows Norton enlisted Husch Blackwell — at which he was a partner for 12 years before starting at Iowa State as the university’s top attorney — for assistance in drafting legal motions before the executive council of Iowa gave permission. Charges from Husch Blackwell MICHAEL NORTON in the Taylor Niesen v. Iowa State Et Al. case began the next day — June 2, 2017. It is a violation of Iowa Code 13.7 to hire outside attorneys without approval of the executive council of Iowa. According to Iowa Code 13.7, compensation is not allowed TOM MILLER to any person for services as an attorney or counselor to an executive department of the state government without approval of the
Ames • Story City
executive council of Iowa. Because Iowa State is represented by the Iowa attorney general, this law applies to Iowa State’s decision to hire special counsel for legal services. The executive council of Iowa is composed of the governor, secretary of state, the state treasurer, state auditor and secretary of agriculture. It is responsible for approving special counsel, as well as approving certain real estate transactions and overseeing state employee insurance plans. Iowa State and the attorney general did eventually receive approval from the executive council on Sept. 11, 2017, more than three months after Iowa State began being charged for legal services from Husch Blackwell. “There’s nothing wrong with filing a motion, there’s nothing wrong with using outside counsel to do it, but there is a process that state law requires to go through and it’s possible that they did an end-run around that legally required process,” said Frank LoMonte, attorney and director of the Brechner Center for Freedom of Information and former director of the Student Press Law Center. Norton said nothing he did violated the law, saying Iowa Code 13.7 only applies to Iowa State if the outside attorney appears in court on behalf of Iowa State, which Norton referred to as “representation.” “Representation that 13.7 is talking about is actual representation in litigation,” Norton said. “Lawyers represent us in aspects other than litigation all of the time, but representing the university in litigation means that you are on the pleadings, you are appearing in court, you are the person who’s representing the university in that matter.” However, the law in question never uses the words “representation” or “appearance.” The law
refers to “services as an attorney or counselor” and “legal assistance.” Providing advice on specific litigation or assisting in drafting motions are considered “services as an attorney or counselor” and “legal assistance,” as it pertains to Iowa Code 13.7, LoMonte said. “The statute does not say that it is triggered by an appearance in court,” LoMonte said. What work was done, and when? Invoices from Husch Blackwell in June and July 2017 indicate the firm accepted the offer to “provide the legal analysis and body of the motion to dismiss” as described in the June 1, 2017, email from Norton to Hayley Hanson, a partner who Norton worked with at Husch Blackwell. Norton confirmed Husch Blackwell accepted the offer and engaged in the work discussed in the email. “They provided legal analysis that we provided to the [Iowa Attorney General’s] Office that ultimately went into the motion to dismiss,” Norton said. A motion to dismiss is a motion submitted by a party in a legal matter asking a judge to dismiss a case. “The [Attorney General’s] Office wrote the motion,” Norton said. “We provided, with Husch Blackwell’s help, analysis that went into [the motion]. I was asking them for legal analysis that would go into the body — the main part of the motion to dismiss.” Norton said he did not know if the Attorney General’s Office was aware that Husch Blackwell had assisted in providing content for the motions. “I don’t know,” Norton said. “You’d have to ask [the Attorney General’s Office]. I mean,
DID YOU DQ TODAY?
NORTON pg4
David Ringholz, associate professor and chair of the industrial design department, is one of two finalists in the search for the director of the Student Innovation Center that is currently under construction. Ringholz spoke at an open forum Monday afternoon to students, faculty and board members about what his visions would be for the new center. Something Ringholz wanted to stress for himself or whoever gets the position is the importance that the center is a place for collaboration and innovation. “Innovation is not owned by anyone, it’s something that when done correctly is an ecosystem that supports the behavior and supports the activity that we want to support,” Ringholz said. Ringholz’s central idea for the Center is to bring all people to the table and have them share their ideas in a space where they feel protected and supported. “Unite people around exciting ideas, protect them, and connect them to the outside world,” Ringholz said. Since joining the faculty at Iowa State, Ringholz has established the industrial design program in the college of design. “One of the things I try to do is put people in area of strength, put them in a position where they can thrive, and then lift them up,” Ringholz said. “I think if the people around me are successful then I am successful and that’s an attribution that I can bring to an administration position.”