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Volume 71 Number 2 February 2011
2011 lawyer-legislators
ALSO IN THIS ISSUE
Arbritration costs and delays Officers meet with legislators • Review of new book on Abraham Lincoln • Disciplinary decision • •
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CONTENTS
Volume 71 Number 2 February 2011 Published at 625 East Court Des Moines, Iowa 50309 Steve Boeckman, Editor 515-697-7869
President’s Letter: Encouraging diversity and inclusiveness – Carroll......................... 4 Meet the 2011 lawyer-legislators.................... 6 New protocols for reducing arbitration costs, delays – Tipton................................. 9 State of Judiciary address............................. 12
THE IOWA STATE BAR ASSOCIATION OFFICERS 2010-2011 President, Frank J. Carroll President-Elect, Robert VP Waterman, Jr. Vice President, Cynthia C. Moser Immediate Past President, Jane V. Lorentzen Executive Director, Dwight Dinkla The Iowa Lawyer
(ISSN 1052-5327) is published monthly except for the July-August issue by The Iowa State Bar Association, 625 East Court, Des Moines, Iowa 50309. Subscription included in membership fee. Non-members, $30 per year. Periodicals postage paid at Des Moines, Iowa.
Book Review: Analyzing Lincoln’s speeches, writings – McCormick. ............ 14 CLE opportunities........................................... 15 Transitions...................................................... 19 2011 Affirmative Legislative Program........... 20 Admission on Motion...................................... 21 I Give Back – John Shors . ............................ 21 THE
Postmaster: Send address changes to The Iowa Lawyer, 625 East Court, Des Moines, IA 50309.
Thank you to these speakers......................... 25 Disciplinary Actions........................................ 27 Classified Ads................................................. 28 ISBA officers meet with legislative leaders....................................... 31 2011 Know Your Constitutions winners (photo & caption). .................... 31 Around the Bar U of I College of Law hosts conference on future of legal education........................ 11 BOG to nominate vice president, ABA State Bar delegate in March............... 19
Volume 71 Number 2 February 2011
About the cover
The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Melissa Thompson Classified Advertising Qualifying ISBA members – 2 months free; $75 thereafter Non-members – $110 for 100 words per insertion. See classified section for details. For Display Advertising Rates Contact Alex Larson (515) 238-4406, or alex@larsonent. com, or write: The Iowa Lawyer, Larson Enterprises, 909 50th St., West Des Moines, IA 50265. Communicating with The Iowa Lawyer online: Send your comments and Letters to the Editor to sboeckman@iowabar.org. Please include your daytime phone number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail address is ddinkla@iowabar.org. Assistant Executive Director Harry Shipley’s address is hshipley@iowabar.org.
Bus ads cause controversy – Steffe.............. 22
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ALSO IN THIS ISSUE • • • •
Arbritration costs and delays Officers meet with legislators Review of new book on Abraham Lincoln Disciplinary decision
Historically the February issue of the Iowa Lawyer contains photos and short biographies of the lawyer-legislators serving in the legislature’s general assembly for that year. This year there are four new members — all serving in the House of Representatives — among the 16 lawyer-legislators. Profiles of the new individuals as well as the returning members start on page 6. The profiles include the committees and subcommittees they lead and on which they serve along with an e-mail address where they can be contacted.
Iowa State Bar Association Board of Governors Officers:
Frank J. Carroll, President Des Moines, 515-288-2500 Robert VP Waterman, Jr., President- Elect Davenport, 563-324-3246 Cynthia C. Moser, Vice President Sioux City, 712-255-8838 Dwight Dinkla, Secretary Des Moines 515-697-7867 Jane V. Lorentzen, Immediate Past President Des Moines 515-244-0111 District 1A Stephen Belay Brendan Quann
Decorah Dubuque
563-382-2959 563-557-8400
District 1B David Roth Beth Hansen
Waterloo Cedar Falls
319-233-6163 319-232-6555
District 2A Scott Brown Karl Nelson
Mason City Shell Rock
641-423-6223 319-885-4346
District 2B Thomas Cahill John Jordan Lynn Wiese
Nevada Boone Iowa Falls
515-382-6571 515-432-4510 641-648-4261
District 3A John Brown Joseph Feller
Emmetsburg Sibley
712-852-4215 712-754-4654
District 3B Daniel Hartnett Patrick Murphy
712-277-4561 712-546-8844
District 4 Dean Jennings Council Bluffs Margaret Johnson Thurman
District 7 Alan Bohanan Jerry Van Scoy Michael P. Byrne
Iowa City Clinton Davenport
319-351-5335 563-242-2827 563-333-6627
712-256-1400 712-374-2751
District 5B Arnold (Skip) Kenyon Creston
District 8A Richard Gaumer Allan Orsborn
Ottumwa Ottumwa
641-682-7579 641-682-5447
641-782-7007
District 8B Artemio (Mio) Santiago Fort Madison
Sioux City LeMars
District 5C John Bouslog Urbandale 515-288-5000 Scott Brennan West Des Moines 515-246-7977 Susan Ekstrom Des Moines 515-243-6395 Jennifer Gerrish-Lampe W. Des Moines 515-281-8344 Emily Gould Chafa Des Moines 515-281-3875 Mark Godwin Des Moines 515-283-4130 Mark Hansing Des Moines 515-288-3667 Alice Helle Des Moines 515-242-2400 Edward Johnson Des Moines 515-246-5835 Lora McCollom Clive 515-327-1222 Eric Turner West Des Moines 515-245-9509 District 6 Nancy Burk Allison Heffern Randall Rings Frank Santiago Bruce Walker
Toledo Cedar Rapids Cedar Rapids Iowa City Iowa City
641-484-2394 319-366-7641 319-573-7627 319-339-4218 319-354-1104
319-372-7774
Iowa Judges Association Representative: Honorable Nancy Tabor Immediate Past President I.J.A. Legislative Counsel: James Carney Des Moines
515-282-6803
ABA Delegates: David L. Brown Alan Olson Diane Kutzko
515-244-2141 515-271-9100 319-365-9461
Des Moines Des Moines Cedar Rapids
YLD Officers: Eric Bidwell, President Marshalltown 641-752-7757 Jennifer Zahradnik, President-elect Belle Plaine 319-444-3285 Laura Parrish, Secretary Decorah 563-382-4226 Jeana Goosmann, Immediate Past President Sioux City 712-226-4000 the
Iowa Lawyer February 2011 3
The President’s Letter – Frank Carroll
Encouraging diversity and inclusiveness and held that black slaves were not considered property in the state of Iowa.
to the Iowa General Assembly, and the first African-American woman to serve as a staff attorney in the Iowa office of the U.S. Small Business Administration. I am not usually one for a lot of pomp and ceremony, but I was truly moved by the award ceremony that honored such an outstanding individual.
Last August I was honored to attend the Women Lawyers of Achievement Award Luncheon at the ABA Annual Meeting in San Francisco. Iowa’s own Willie Glanton was presented with the award at the luncheon. Willie, as you probably know, was the second African-American woman to become a lawyer in Iowa, and went on to make history in the state by being the first African-American woman elected
In 1868, in Clark v. The Board of Directors, Iowa’s high court ruled against racial segregation in Iowa schools. In 1869, Iowa admitted to the bar the first woman lawyer in the United States, Arabella Mansfield. In 1873, in Coger v. The North West Union Packet Co., the court ruled that an African-American woman could not be forced to eat apart from white customers on a commercial vessel traveling on the Mississippi River.
The federal government has recognized February as African-American History Month since 1976. I thought this would be an appropriate time to review the work that ISBA does in promoting a diverse and inclusive bar in Iowa.
We have a proud history of defending and encouraging the inclusion of all people in Iowa.
As you’ve probably heard many times in the past few months, the state of Iowa has a lot to be proud of in the area of our judiciary and civil rights. The very first Iowa Supreme Court decision was In re Ralph, decided on July 4, 1839,
I have spent most of my term as president of the ISBA addressing the judicial retention election and
It’s a BIG deal. And we’ll help you get it done. • • • •
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For more information contact:
Matt Veldey matthew.veldey@iowa.gov 515.725.4885
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Becky Petersen becky.petersen@iowa.gov 515.725.4981
the judicial selection process in Iowa. Recently I came across an interesting case out of Missouri, with the very long name of The African-American Voting Rights Legal Defense Fund v. Missouri, decided by a U.S. District Court in 1997. In this case, one of the Defense Fund’s arguments against a merit-based judicial selection system similar to Iowa’s, is that the appointment of lawyers by the state bar association to the state judicial selection system was a violation of the Equal Protection clause, because minorities were so vastly underrepresented in Missouri’s state bar association. While I firmly support Iowa’s meritbased selection system, and agree with the district court’s decision in this case that having a percentage of well-informed members of the judicial selection committee (i.e. lawyers) is an important state interest, I also read the case as a wake-upTS2011AdEP-QtrPg:TS2011AdEP-qtrpg call to the legal profession. We must ask ourselves why minorities and
women are so under-represented in the legal profession, and, here in Iowa we must specifically ask why they are so under-represented in The Iowa State Bar Association. Although the ISBA has only recently begun to ask members to self-identify their race, which means our numbers may not have scientific precision, our current statistics show just a little more than one percent of the ISBA membership is non-white. And only 27% percent of ISBA members are women. Chinyere Ukubiala and Heather Palmer are the current co-chairs of the ISBA’s Women and Minorities Committee. Among other things, they coordinate a recruitment and retention project, matching up Iowa veteran attorneys with women and minority law students, trying to convince the law students to remain and practice in Iowa, and then trying to create a welcoming environment that will make such students not only start out in Iowa, but2:38 willingly remain 8/24/10 PM Page 1 in the state throughout their legal careers.
Emily Chafa chairs the ISBA Taskforce on Inclusiveness. This taskforce is working to develop a “best practices” guide to inclusiveness in all areas of legal practice in Iowa. I know that we are all very busy. But as we enter into this cold dark month of February, take a moment to think about what you can do to encourage diversity and inclusiveness in the Iowa legal community. If you can, give Emily, Chinyere, or Heather a call and see how you can help. Or if you have more ideas in this area, please share them. We are in the business of justice, and one of the most just things we can do is to assure that all the many different kinds of people in our state and country are represented in our profession.
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PRESENTED BY THE
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Iowa Lawyer February 2011 5
Meet the 2011 lawyer-legislators (Editor’s note: Sixteen lawyer-legislators will serve in this first biennium of Iowa’s 84th General Assembly. Eleven have served at least one full term in the House and are in their second or more terms. One is serving his second term in the Senate, although he previously had served two terms in the House. And, four are beginning their first term of service. They are listed below, along with a brief biography and the committees which they lead or on which they serve for the 2011 session. Their e-mail addresses are also included.)
In the Senate – Senator Rob Hogg – District 19 – Democrat
Rob is serving his second term in the Senate after serving two terms in the House. He received his B.A. degree from the University of Iowa in 1988, his M.A. from the University of Minnesota in 1991, and his J.D. from the University of Minnesota in 1995. Rob is
a resident of Cedar Rapids and practices with Elderkin & Pirnie, PLC. He and his wife, Kate, have three children. He serves on the board of directors of Iowa Interfaith Power & Light and is the acting co-chair of the Cedar River Watershed Coalition. He is a member of Christ Episcopal Church and the Iowa State and Linn County Bar Associations. Leadership positions: Vice Chair, Judiciary Committee; Vice-Chair Justice System Appropriations Subcommittee Committees: Appropriations, Education, Judiciary, Natural Resources and Environment, Ways and Means Subcommittees: Justice Systems Appropriations E-mail: rob.hogg@legis.state.ia.us
In the House – Representative Richard Anderson – District 97 – Republican
A fourth-term member of the Iowa House, he practices with Millhone & Anderson, P.C., in Clarinda, and was an adjunct assistant professor at Des Moines University. He has a B.A. and Physical Therapy graduate certificate from the University of Iowa and J.D. from Drake University Law School. He has served on the board of directors of the Clarinda Academy, a residential program for adjudicated juvenile delinquents. He also served on the boards of the Clarinda Association of Business & Industry and the Glenn Miller Birthplace Foundation. He and his wife, Pam, have three daughters and two granddaughters. Leadership positions: Chair, House Judiciary Committee. Committees: Economic Growth/Rebuild Iowa, Human Resources, International Relations Advisory Council, Judiciary Subcommittees: Justice System Appropriations E-mail: richard.anderson@legis.state.ia.us
Representative Francis “Chip” Baltimore – District 48 – Republican
Chip is serving his first term in the Iowa House. A resident of Boone, he is general counsel and a trust officer for Boone Bank and Trust Co. He received his B.A. in Business Administration from Iowa State University and his J.D. from the University of Minnesota Law School in 1993. Chip is a director of Boone’s Future Economic Development organization,
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past president and director of the Boone County Community Endowment Fund, past member of the Sacred Heart Church Finance Committee and a past director of the Boone Area Chamber of Commerce. He and his wife, Diana, have a son and a daughter. Leadership positions: Vice Chair, House Commerce Committee; Vice Chair, Government Oversight Committee Committees: Commerce, Economic Growth/ Rebuild Iowa, Government Oversight, Judiciary, Local Government E-mail: Chip.Baltimore@legis.state.ia.us
Representative Julian Garrett –District 73 – Republican
A resident of rural Indianola, Julian is serving his first term in the Iowa House. He is a graduate of Central College in Pella, and the University of Iowa College of Law where he received his J.D. in 1967. As an attorney, he served 12 years as assistant attorney general in charge of consumer protection. He also served 10 years as director of the Title Guaranty Division of the Iowa Finance Authority. He has had law offices in Des Moines and Indianola over the years. In addition, Julian farms in southern Warren County where he has raised purebred Charolais cattle for many years. A volunteer Little League and soccer coach for more than 12 years, Julian served on the Indianola Little League Board of Directors and directed the County Little League post-season tournament for Warren and surrounding counties for several years. In addition he coached Middle School Mock Trial teams, two of which reached the State Tournament. He and his wife, Nancy, have three sons, the youngest of whom is a senior in high school. Leadership positions: Vice Chair, Justice Systems Appropriations Subcommittee Committees: Appropriations, Human Resources, Judiciary, Transportation Subcommittees: Justice Systems Appropriations E-mail: Julian.garrett@legis.state.ia.us
Representative Chris Hagenow – District 59 – Republican
Chris is serving his second term in the Iowa House. A resident of Windsor Heights, he received his B.A. in Political Science and French from the University of Northern Iowa in 1994, and his J.D.
from the University of Iowa College of Law in 1997. He is a founding partner of the Des Moines law firm Whitaker Hagenow GBMG. The firm specializes in criminal and civil litigation, business transactions, estate planning and non-profits. Chris is a member of the Windsor Heights Lions Club and Westkirk Presbyterian Church in Urbandale. He and his wife, Amanda, have two sons. Leadership positions: Chair, Government Oversight Committees: Appropriations, Government Oversight, Judiciary, Public Safety. E-mail: chris.hagenow@legis.state.ia.us
Representative Erik Helland – District 69 – Republican
Erik is serving his second term in the House. A resident of Johnston, he graduated from Drake University in 2004 with a bachelor’s degree in biochemistry/ molecular biology. He received his law degree from Drake in 2009. An assistance compliance officer for West Bank, he is president of the Grimes Lions Club, and a board member of the Des Moines Young Variety organization. Leadership positions: House Republican Whip Committees: Administration and Rules, Local Government, State Government, Ways and Means E-mail: erik.helland@legis.state.ia.us.
Representative Kevin McCarthy – District 67 – Democrat
While serving as an executive officer for Attorney General Tom Miller from late 1994-1999,Kevin obtained his law degree from Drake University. He then worked as an Assistant Iowa Attorney General from 1999-2001 before accepting a position for a year in Washington D.C. as the Litigation and Compliance Counsel for the Tobacco Project at the National Association of Attorneys General, representing the settling states under the 1998 tobacco Master Settlement Agreement. Kevin came back to Iowa and was elected to the Iowa House in an open seat and began serving his first term in 2003. For four years he was Ranking Member of the House Public Safety Committee. During this time, he was also hired as a criminal prosecutor for the Polk County Attorney’s Office, a position he held until the fall of 2007 when he moved to private practice as a member of the firm of Wandro and Baer, P.C. In 2009,
he became a partner in the firm, now called Wandro & McCarthy, P.C. A native and current resident of Des Moines, he is serving his fifth term in the House and is currently the House Minority Leader. Leadership positions: House Minority leader E-mail: kevin.mccarthy@legis.state.ia.us
Representative Helen Miller – District 49 – Democrat
Helen is a fifth-term member of the House. She has a B.S. in Business Administration from Howard University, an M.S. in Library Science from Our Lady of the Lake University and a J.D. from Georgetown University Law Center. A resident of Fort Dodge, she is the executive director of Young At Art, an all-volunteer nonprofit organization that promotes economic development through the arts. She also serves on the boards of the Fort Dodge Correctional Facility Community Task Force and Young At Art, Inc. Nationally she serves as chair of the Agriculture Policy Committee, and as a board member of the National Black Caucus of State Legislators, and of State Agricultural and Rural Leaders, Inc. She is a member of the District of Columbia Bar Association, and The Iowa State Bar Association. Leadership positions: Ranking Member, Agriculture Committee Committees: Economic Growth/Rebuild Iowa, Natural Resources Subcommittees: Agricultural and Natural Resources Appropriations E-mail: helen.miller@legis.state.ia.us
Representative Jo Oldson – District 61 – Democrat
Jo is in her fifth term in the House. She is a former first deputy insurance commissioner and former advisor to Governor Thomas J. Vilsack. She has a B.A. and a J.D. from Drake University. Jo was president of the Young Women’s Resource Center Board of Directors, and has been active in fund raising for a number of community organizations. She has volunteered with the Big Brothers/Big Sisters program, and at a homeless shelter. Jo and her husband, Brice Oakley, reside in Des Moines. Committees: Commerce, Judiciary, Ways and Means Subcommittees: Transportation, Infrastructure, and Capitals Appropriations E-mail: jo.oldson@legis.state.ia.us
Representative Rick Olson – District 68 – Democrat
This is Rick’s fourth term in the House. He received his undergraduate and law degrees from Drake University. A resident of Des Moines, he serves on the Polk County Magistrate Appointing Commission. He is a former member of the Polk County-wide Oversight Committee. He and his wife, Brenda, have three daughters. Committees: Administrative Rules Review, Judiciary, Public Safety
attorneys clients knowledge experience
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Representative Tyler Olson – District 38 – Democrat
Iowa and Nebraska Rita C. Grimm Heidman Law Firm, L.L.P. 1128 Historic 4th Street Sioux City, IA 51101 (712) 255-8838 Fax: (712) 258-6714 Rita.Grimm@heidmanlaw.com www.heidmanlaw.com
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Representative Nate Willems – District 29 – Democrat
This is Nate’s second term in the Iowa House. A resident of Lisbon, he received his B.S.F.S. in International Politics in 2001 from Georgetown University, and his J.D. from the University of Iowa College of Law in 2007. He practices with Rush & Nicholson, PLC in Cedar Rapids. where he has a labor and employment law practice. Nate is a member of the Lincoln Highway (Lisbon) Lions Club, and the Mount Vernon Athletic Boosters. He and his wife, Maggie, a social studies teacher at Mount Vernon High School, have two daughters. Leadership positions: Ranking Member, Education Committee Committees: Education, Labor, Ways and Means Subcommittees: Education Appropriations E-mail: nate.willems@legis.state.ia.us
This is Kim’s first term in the House. She and her husband, Bryan, an anesthesiologist at the VA hospital in Des Moines, live on an acreage in the Southeast Polk area called Four Mile Township with their two daughters and a menagerie of animals. Kim received her B.A. in political science and her J.D. from the University of Iowa. She is retired from the practice of law, and currently spends her time as a home educator and a HEED (Home Educators for Excellence) board member in Des Moines. Attorney's Choice, LLC Attorney's Choice, Choice, LLC LLC Attorney's Leadership positions: Chair, Judiciary Private ProcessVice Service Private Process Process Service Private Committees: Education, Service Government Oversight, Local, Statewide, and Nationwide Service of Process Human Resources, Judiciary, Transportation Local, Statewide, Local, Statewide, and and Nationwide Nationwide Service Service of of Process Process Providing Exceptional Service to Iowa Law Firms Since 1999! E-mail: kim.pearson@legis.state.ia.us Providing Exceptional Service to Iowa Law Firms Since 1999! Representative Mary Wolfe Providing Exceptional Service to Iowa Law Firms Since 1999!
– Completion District 26 – Democrat Email Notification Upon Representative Kurt SwaimEmail Notification Upon Completion Email Notification Upon Completion 24/7 Status Available Online This is Mary’s first term in – District 94 – Democrat 24/7 24/7 Status Status Available Available Online Online the Iowa House. A resident of
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This is Tyler’s third term in the Iowa House. A Cedar Rapids native, he received his B.A. in government and history in 1998 from Claremont McKenna College, and his J.D. from the University of Iowa College of Law in 2003. Currently, he works as the vice president for Paulson Electric Company, a fourth-generation family business with offices in Cedar Rapids, Waterloo and Dubuque. He is a member of the Cedar Rapids Rotary and past member of the board of directors of the Neighborhood Revitalization Service and the New Bohemia Arts and Culture District. He is a founding director of Corridor Free Wireless, Inc. He and his wife, Sarah Halbrook Olson, have one son. Leadership Positions: Ranking Member, House Appropriations Committee Committees: Appropriations, Commerce, Judiciary E-mail: tyler.olson1@legis.state.ia.us
A resident of Hiawatha, Kraig is in his fifth term in the House. He earned his B.B.A. at Iowa State University, his M.B.A. from Embry Riddle Aeronautical University and his J.D. from the University of Iowa College of Law. He is a board member of Four Oaks Family and Children’s Services. Kraig is the corporate counsel at CRST International, Inc. He and his wife, Cathy, have four children. Leadership positions: Speaker of the House Committees: Administration and Rules. E-mail: kraig.paulsen@legis.state.ia.us
ness administration from Iowa Wesleyan, and received his J.D. from the University of Iowa College of Law. He is a past board member and secretary-treasurer of Citizens Mutual Telephone Company in Bloomfield and a former Davis County Attorney. He and his wife, Julie, have four children and six grandchildren. Leadership positions: Ranking Member, House Judiciary. Committees: Agriculture, Commerce, Judiciary, Public Safety E-mail: kurt.swaim@legis.state.ia.us
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New protocols for reducing cost and delay in commercial arbitration By Sheila K. Tipton* In the 1960s and 1970s, alternative dispute resolution, including arbitration, was seen as a way to significantly reduce congestion and delay in the court system. Today, all 50 states have arbitration statutes that operate in addition to the Federal Arbitration Act. However, as time has passed, dissatisfaction with arbitration has grown. Many clients and lawyers believe that arbitration has failed in its promise to be less costly and more time-efficient than litigation. In fact, they have found that arbitration may be as costly and time-consuming as litigation in the courts. So what, if anything is being done to reduce costs and delays in arbitration? In October 2009, the College of Commercial Arbitrators (“CCA”) convened “The National Summit on the Future of Commercial Arbitration” in Washington, D.C. The summit was an invitation-only gathering of more than 180 in-house counsel, outside counsel, arbitrators and arbitration providers such as the American Arbitration Association (“AAA”), Judicial Arbitration and Mediation Services (k/n/a “JAMS) and the International Association for Conflict Prevention and Resolution (“CPR”). Its purpose was to address issues that result in costly and lengthy arbitrations. The “Town Hall” format allowed for electronic voting by delegates. Key findings of the Summit were: 1) that business users want arbitration to be speedier, more efficient and more economical than litigation, but this desire is achieved only half of the time; 2) the reasons are inattention to the arbitration clause; excessive discovery, excessive, inappropriate and mismanaged motion practice, failure of the arbitrator to effectively manage the process; and excessively lengthy hearings; and 3) all of the participants in the arbitration process have a role to play in ensuring that arbitration is speedy and cost-effective. The summit resulted in the August 2010 publication of “The CCA Protocols for Expeditious, Cost-Effective Arbitration.” See http://www.thecca.net/CCA_Protocols.pdf (includes annotations). The protocols comprise four sets of guidelines aimed at businesses and in-house counsel,
outside counsel, arbitrators and administrator institutions, and represent the “best practices” for these parties in the arbitration process. The CCA Protocols focus on five areas of primary concern that, if properly dealt with, will significantly reduce costs and delays in arbitration: 1) the need for effective arbitration clauses, tailored to the underlying transaction; 2) the need for arbitrators to be active and effective case managers; 3) the need to control discovery; 4) the need to control motion practice; and 5) the need for efficient hearings.
The arbitration agreement
Arbitration is purely a creature of contract and the arbitrator will follow the agreement. A properly drafted arbitration agreement can set the stage for speedy, cost-effective arbitration. In our experience, however, arbitration clauses are generally drafted as an afterthought,
once the business deal has been negotiated and the general terms of agreement have been drafted. The typical arbitration clause provides: In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute shall be referred to the American Arbitration Association for arbitration in accordance with its rules. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees. Such a clause leaves the arbitration process up to the parties and their counsel after dispute has arisen, which often leads to a protracted process rife with disputes over the choice of the arbitrator, what discovery will occur, when the hearing will be held and how long it will be, etc. These issues can and should be addressed in the arbitration clause, when the contracting
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parties feel good about having reached a deal and are in the mood to cooperate. Think about the business transaction underlying the agreement. What disputes are most likely to arise? What dispute resolution mechanism might work best to resolve those disputes? Consider some combination of negotiation, mediation and/or arbitration, with the specific form of dispute resolution tied to specific issues, amount in dispute, etc. The arbitration clause itself should specify: 1) how and when the demand for arbitration is to be made; 2) the procedural rules to be followed in the arbitration, i.e, AAA, JAMS, CDR, FAA, etc.; 3) the location of the arbitration; 4) the number and manner of selection of the arbitrator(s) (one is generally more cost-effective and speedier than three); 5) the type and amount of discovery to be permitted; 6) the deadline for hearing and final order; 7) the type of final order to be issued (i.e., bare award; reasoned decision; detailed findings and conclusions); 8) the allocation of fees and costs; 9) that for good cause shown, discovery and hearing limitations may be altered by the arbitrator; and 10) who is
authorized to issue provisional remedies (court or arbitrator). Beware of making the dispute resolution process too burdensome or complex. For examples of efficient and inefficient arbitration clauses see: http://www. bjkrintzmanlaw.com/CM/Articles/ ADR_DRAFTING_ARBITRATION_ CLAUSES.pdf and http://www.adr.org/ si.asp?id=3620. It is not advisable to require the Federal Rules of Civil Procedure/Federal Rules of Evidence to be followed in arbitration. Remember, arbitration is not litigation. Finally, keep in mind that the advantage of arbitration is the ability to tailor it to the needs of the case — if the arbitration provision as drafted is unworkable in a specific case, consider modifying it by agreement to make it work.
The Arbitrator
The arbitrator is as important as the arbitration agreement — an arbitrator who actively manages the arbitration is a necessity. An effective arbitrator knows the area of business/controversy, knows the applicable arbitration rules and is experienced in arbitrations, has no conflicts, is available to resolve procedural/ discovery disputes, rule on motions and adequately prepare for hearing, hear the case on consecutive days, and enter the final order within the time specified in the agreement or applicable rules, and is decisive, organized, flexible and willing to actively manage the process. In this latter regard, the arbitrator should schedule an early prehearing conference, that in-house counsel attend, even if only by phone, that the conference result in a comprehensive procedural plan, and that the arbitrator enforce all deadlines set in the plan, except for good cause shown. In-house and outside counsel should interview
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potential arbitrators to ensure that they have these characteristics and get references from parties having experience with the arbitrator.
Discovery
Litigation discovery procedures are not recommended for arbitration. Rather, the parties should cooperate in limiting/ streamlining discovery to get to the most relevant documents/testimony. It is recommended that parties informally exchange all relevant documents soon after the prehearing conference and that further discovery be tailored to the needs of the case. Staging discovery is recommended (i.e., production of the most important documents or scheduling the most important depositions first, then allowing for more as required by the case, with leave from the arbitrator). Electronic discovery should be limited to documents from sources used in the ordinary course of business (i.e., not from back-up servers, tapes or other media) and to documents in generally available technology in searchable format usable by the party receiving the documents and convenient and economical for the producing party, absent compelling need. Finally, it is imperative the parties contact the arbitrator for speedy resolution of discovery disputes.
Motion Practice
Dispositive motion practice is discouraged in arbitration, because it adds expense and delay. Moreover, most dispositive motions will be denied because one ground for vacating the arbitration award is that the parties were prevented from presenting their cases. Only motions aimed at eliminating the entire case or a claim or defense that will consume substantial added time at hearing should be considered. The best practice is for the arbitrator to require the parties to obtain leave to file such motions.
The Hearing
A final prehearing conference should be held after witness and exhibit lists have been exchanged in order to address objections to evidence and how demonstrative exhibits will be handled, and to remind the parties that the rules of evidence are generally not applicable to arbitration. Prehearing briefs can be valuable in limiting issues and witnesses, educating the arbitrator, estimating the time to be dedicated to the hearing and the time to be allotted to examination of witnesses. It is important to provide
portions and enter them as exhibits, as opposed to having depositions read into the record. The same is true of video depositions. Finally, the parties and the arbitrator should consider bifurcating the hearing, if appropriate (e.g., liability/damages). As the CCA Protocols show, all players in arbitration have a role to play in reducing costs and delays. Attention paid to the arbitration agreement itself, the choice of arbitrator and the fact that arbitration is not traditional litigation will go a long way to achieving that goal. Remember, you have the ability to fashion a process that will suit your individual case — and to control costs and delays.
AR OUN
for continuous hearing days — continuances are expensive. With respect to expert witnesses, it is recommend that the parties consider filing written direct testimony and limiting examination at hearing to cross. It is also recommended that the parties specify the number of days/hours to be consumed by the hearing and that they consider limiting the time to be allotted to examination of witnesses, both direct and cross; this forces counsel to focus on the important facts. Demonstrative exhibits (annotated to specific testimony/exhibits) are valuable to the arbitrator and reduce the time spent by him/her to understand how the evidence fits together (e.g., timelines, organizational charts, important documents). It is recommended that any exhibits not objected to in advance be admitted en masse without the need for further foundation. If deposition testimony is to be used, it is advised that the parties designate only the relevant
*Sheila Tipton practices with Belin McCormick, P.C. in Des Moines and can be reached at 515-283-4635 or at sktipton@belinmccormick.com.
Iowa College of Law hosts conference exploring the future of legal education
DT
The University of Iowa College of Law will host a conference exploring the future of legal education on Feb. 25 and 26 in the Boyd Law Building on the UI campus in Iowa City. Participants will include scholars and law deans, as well as practitioners and judges, who will discuss what sorts of changes they would like to see in law school curriculum and methods. With the legal profession in flux, law school tuition continually increasing and the value of a law degree in question, legal education may see some significant changes in the future. Among those who will participate are prominent law school deans Erwin Chemerinsky of UCIrvine, who recently built the law school there from scratch; David E. Van Zandt of Northwestern; and Kent D. Syverud of Wash University in St. Louis. Also participating is former Supreme Court Justice David Baker. Discussion topics include the economic viability of a law degree, whether diversity is really important in law schools, recreating the ideal law school, the ABA and the control of legal education, the perspective from the bench of law schools, and whether law schools or employers are more responsible for preparing lawyers. The conference is sponsored by the Iowa Law Review. More information is available at http://www.uiowa.edu/~ilr/ content/symposium_flyer.pdf.
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Iowa Lawyer February 2011 11 &RUS ,RZD /DZ\HU
State of Judiciary address –
Chief Justice Cady lays out case for judicial funding, why courts must remain as independent third branch of government Chief Justice Cady pointed to the Electronic Data Management System (EDMS) as a tool that the court is looking at to improve access to justice. He also told legislators that a statewide Civil Justice Reform Task Force is studying “innovations such as dedicated business courts, reforms of discovery procedures, expansion of alternate dispute resolution services and other potential improvements.” These innovations should also improve Iowans’ access to justice. However, he continued, “these changes alone will not give Chief Justice Cady during his State of the Judiciary address with Iowans all the access to justice Governor Chet Culver behind him. and court services they need. Access to justice challenges These changes will never fill the The chief justice started his address by collection cases are up 15 percent, CINA shoes of court employees who are discussing the importance of providing cases have increased 23 percent and adult essential for the effective administration access to justice for all Iowans, and the civil commitment cases are up 19 percent of justice throughout Iowa. At the end of challenge of doing that with the budget — over the past three years. the day, justice requires a personal touch cuts that the courts have endured over the In addition, the cuts in services for and judgment calls that cannot be attained years. Between the years of 2001-2009, in treating abused and neglected children from a computer terminal, a new proceresponse to the state’s fiscal problems, the and troubled youths, and the fragmented dure, or an Internet connection.” judicial branch cut its budget five times, and underfunded mental health system he said. Since nearly all of the judicial place even more demands on the courts, branch’s operating costs are for people, Bolstering court funding he added. the end result has been that staffing levels Because of the critical nature of having On a more positive note, some studies dropped “a staggering 17 percent in the a personal touch associated with access to show that a “well-funded court system last decade.” justice, there are many reasons to bolster Over that same period, the total number court services, even with the state’s continu- contributes to the economic well-being of communities,” the chief justice told of legal actions brought by Iowans and Iowa ing budget difficulties, Chief Justice Cady businesses has nearly doubled, he added. told legislators. He listed a number of areas legislators. “Widespread case delays and closed offices will add to the cost of “In short, has placed additional B 3 9 4 - 5Iowa’s 6 1 1 B Ccourts C U p d a are t e L aoverrun w y e r A d with H o r i z o n t a l : where 7 . 5 ” W xthe 2 . 5recession ”H work, and Iowans are paying the price with demands on the courts – mortgage foreclo- doing business in this state, and add to the uncertainties that inhibit business reduced access to justice.” sure cases have increased 17 percent, debt Depending on one’s perspective, Iowa Supreme Court Chief Justice Mark Cady either wowed the crowd or provided a boring history lesson in his first State of the Judiciary address on Jan. 12. The chief received 11 rounds of applause, four of those standing ovations, during his approximately 45-minute speech. Most of the applause came during the second part of the speech when Justice Cady, who is interim chief until three new justices are appointed and can participate in the selection of a permanent chief, discussed the role of the judicial branch in Iowa’s and the nation’s democratic form of government.
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CPA /ABV, CFF, ASA 12
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CPA /ABV, ASA
CPA /ABV, CFF, CVA
expansion. A vibrant business community requires a vibrant, fair court system.”
Court’s role in democracy
Chief Justice Cady devoted the second part of his speech to the court’s role in a democracy. A misunderstanding of that role “threatens to undermine the checks and balances that protect the constitutional rights of all Iowans,” he said. He began the discussion by describing Iowa’s judicial merit selection system, including the district and state nomination commissions that screen candidates and select nominees for the governor to appoint. He focused on the state judicial nominating commission, acknowledging the concerns that some have raised recently about the partisan nature of the commission. The current concern is that the governor-appointed lay people on the commission are primarily Democrats. However, there were similar concerns in the mid-1980s, he said, when Democratic legislators were troubled about the apparent Republican domination of the commission, and proposed legislation to require political balance. The legislation never went anywhere, and the “selection process remains as it has been for nearly 50 years,” he told legislators. The chief justice quoted a Fort Dodge businessman and long-time Republican who served on the state judicial nominating commission in the mid1990s as telling him that when it came to selecting nominees he “rooted for the home team,” but always voted for the most qualified candidates regardless of their political affiliation. “This honest assessment captures the reason our process has worked so well for so long,” he said to rousing applause.
Two principles guide the court
Chief Justice Cady then turned to what he described as “two important principles governing the role of the courts” that are often misunderstood. One is that courts serve the people by serving the rule of law. The other is that upholding the constitution is the most important role courts play in society. With regard to the first principle, he said, “When a person comes before a judge, that person expects the judge to be neutral and to render a ruling based upon the proven facts of the case and applicable legal principles — not based on public opinion. Public opinion often shifts. The will of the people followed by courts is the will expressed in our law as constrained by the written principles in the constitution. If this were any other
The house chamber during Chief Justice Cady’s address.
way, ‘why have a constitution?’ “Courts serve the law, not the demands of special interest groups,” he continued to a standing round of applause. “Courts serve the law, not the electorate’s reaction to a particular decision. By serving the rule of law, courts protect the civil, political, economic and social rights of all citizens.” With regard to the second principle — upholding the constitution — Chief Justice Cady addressed a question that arose numerous times around the 2010 retention election. That question: Why didn’t the supreme court send the 1998 DOMA (Defense of Marriage Act) law back to the legislature to fix instead of voiding it and opening the door for same-sex couples to marry? “Iowa’s constitution declares that all laws contrary to the constitution are void,” he said. “Clearly, our founders anticipated the possibility that the legislature could, at times, approve laws that might conflict with the constitution. Yet, at all times, they made it clear that the words used in the constitution to define our rights constrain all laws that follow,” he added to a round of applause. He told the legislators that, as far back as 1883, the Iowa Supreme Court “made it clear that even unpopular rulings could not simply be suspended in time to await any future legislative action. In its decision, the court said that, if courts could be coerced by popular majorities to disregard the constitution at any point in time, ‘constitutions would become mere ropes of sand and there would be an end of … constitutional freedom.’”
The chief justice continued that upholding the constitution, known as “ judicial review” is the most important function of courts. Judicial review is so commonplace that, “since 1846, litigants in Iowa in roughly 1,000 cases have asked the Iowa Supreme Court to protect their constitutional rights by invalidating a state law. During this same time, the court has declared acts of the legislature unconstitutional in over 150 cases,” he said to applause. “Unlike the Varnum decision, however, most of these court decisions have received little attention. But, that lack of attention does not diminish the strength and importance of the principle at stake,” he said. In his closing, Chief Justice Cady stated he hoped that in the future there can be a greater understanding of the courts and their role in maintaining a democracy. Iowa courts have been a leader in making the work of courts more transparent, he said, citing Iowa as one of the first court systems to allow cameras in the courtroom and praising the judicial branch’s website. However, he acknowledged that the courts can do more to open their work to the people. And, he said he was pleased to announce that the supreme court will hold some of its oral arguments in communities across the state, for which he received another round of applause. “In the end, we all need to get to know each other better,” he said. “If we can do this, we will understand each other better and will be able to forge a brighter future for all of us.” the
Iowa Lawyer February 2011 13
Book Review –
Analyzing Abraham Lincoln’s speeches and writings in light of Euclid’s Elements By Mark McCormick* Just when we might believe that nothing new could be written about Abraham Lincoln, an original and groundbreaking book has been published. Des Moines lawyer David Hirsch and his Chicago friend Dan Van Haften, an engineer with a mathematics background, have co-authored a fascinating study of the structure of Lincoln’s most famous speeches and writings. They contend that Lincoln’s speeches and writings during the last 10 years of his life were structured in the format of a Euclidian proposition. The book is Abraham Lincoln and the Structure of Reason, published late last year by Savis Beattie LLC. Lincoln studied the first six books of Euclid’s Elements during the period after his single term in Congress that ended in 1849. Doing so was consistent with Lincoln’s lifelong effort at self-education and self-improvement. Lincoln clearly sought to sharpen his communication skills and persuasive ability.
The authors intensely analyzed Lincoln speeches and writings after 1853. They found a remarkable conformity between the structure of Lincoln’s communications and Euclid’s elements of a proposition. According to Hirsch and Van Haften, the Euclidian elements of proof provide a structure for step-by-step logical reasoning that can be identified sequentially in the body of Lincoln’s significant speeches and writings after 1853. The authors state: “Euclid used the elements to prove or demonstrate each proposition or problem of geometry. Lincoln translated the language and logic of Euclidian geometry into an understanding of elements of a proposition that he could apply to the law and politics.” Lincoln’s famous 1860 Cooper Union speech put Lincoln on the national stage and on the path that led to the presidency. One of the main points of the speech was a powerful demonstration that Senator Stephen Douglas was incorrect in his assertion that the framers of the Federal Constitution had an understanding that the Constitution forbade the federal government from controlling slavery in the territories. Following Euclidian logic, Lincoln in his speech identified the Douglas assertion as the question and then proceeded methodically to cite indisputable evidence of legislation affecting slavery in the territories in which the signers of the constitution participated. His conclusion was that a majority of the framers understood in fact that
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nothing in the constitution forbade the federal government from acting to control slavery in the federal territories. In this manner, Lincoln demonstrated that Douglas was wrong. In the same speech, Lincoln similarly argued persuasively in the Euclidian structure that the Dred Scott decision was wrong and that slavery itself was wrong. Hirsch and Van Haften included an appendix with their text in which they show Lincoln’s Euclidian demonstrations in other speeches and writings, including his first inaugural address and his last public speech. The book contains much more than an analysis of Lincoln’s speeches and writings. The authors devote considerable attention to Lincoln’s career as a lawyer prior to his election to the presidency. We learn a good deal about Lincoln’s practice of law, including the handling of trials and appeals. We also learn a good deal about Lincoln’s experience in politics. This background sets the context for Lincoln’s interest in Euclid and development of a discipline and consistent rational structure in his speeches and writings. The authors draw impressive parallels between the practice of law in Lincoln’s day and today. Their suggestion is that the lessons Lincoln learned from Euclid are equally applicable today. For example, the authors contend that “A trial itself is a Euclidian proposition.” More has been written about Lincoln than about any other person in the history of Western civilization. Yet it seems we are always learning something more and our appetite remains unsatisfied. Recent books about Lincoln include one focusing on his brilliance as a writer; another is devoted to showing Lincoln’s activities between the date of his election and his inauguration; a third book focuses on explaining the significance of Lincoln’s speech on slavery at Peoria, Ill., on Oct. 16, 1854. The Hirsch-Van Haften book is an impressive contribution to Lincoln scholarship. It helps us understand how Lincoln developed and applied his magnificent analytical and persuasive talents in his most famous speeches and writings. *Mark McCormick, a former Iowa Supreme Court Justice, currently practices with Belin McCormick, PC in Des Moines.
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ISBA Women & Minorities Committee presents
ISBA
CCalendar LE
The Historical Perspective of African Americans Appointed to the Bench in the State of Iowa Telephone CLE February 23, 2011 12:00 - 1:00 pm Speaker: Hon. Romonda D. Belcher, District Five Associate Judge CLE Credit: 1.0 hour of State
ISBA Women & Minorities Committee presents
State and Federal Constitutions (Live or by Phone) March 30, 2011 February 23
Historical Iowa Perspective of African Americans Appointed to Bench Telephone CLE
May 12-13
Bridge the Gap Seminar West Des Moines Marriott West Des Moines
Program Time: 4:30 - 5:30 pm Reception Time: 5:30 - 6:30 pm (Reception sponsored by the ISBA Women & Minorities Committee, PCBA, INBA, PCWA, and I.O.W.A.) Speaker: Prof. Gordon Allen, Drake University Law School CLE Credit: 1.0 hour of State
Registration Form: Historical Perspective of African American Telephone CLE and State and Federal Constitutions
Name : __________________________________________________ Phone # _________________________________________ Address: __________________________________________ City, State, Zip: _______________________________________ E-mail: _________________________________________________
June 22-24
138th Annual Meeting Downtown Marriott Hotel Des Moines
Historical Perspective of African Americans Telephone CLE Registration Fee (February 23) ____ $35 - ISBA Member ____ $55 - Non-Member
State and Federal Constitutions Registration Fee (March 30): ____ $35 - ISBA Member (Live) ____ $35 - ISBA Member (Phone) ____ $55 - Non-Member (Live) ____ $55 - Non-Member (Phone) ____ FREE - Law Students (Live Only) Attending Reception (State and Federal Constitutions): ____ YES Method of Payment:
July 8
ISBA Two-Person Best Shot Fort Dodge Country Club Fort Dodge
For more information or to register, visit iowabar.org
___ Check enclosed
___ Master Card
Check Number _________
___ Visa
___ Discover
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CLE Season Pass _________ ___ American Express
Credit Card #:____________________________________________________________ Exp. Date: ___________ Cardholder Signature: ______________________________________________________________
Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions: phone (515) 697-7874, fax (515) 243-2511, or e-mail cvangundy@iowabar.org
Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office 7 business days prior to the event. Written notification can be mailed, faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $25 for State and Federal Constitutions (fee will begin on March 30). The IOWA LAWYER
CLE Insert February 2011.indd 1
February 2011
1/31/2011 4:25:01 PM
ISBA Young Lawyers Division presents the
Bridge the Gap Seminar
May 12 - 13, 2011 West Des Moines Marriott • 1250 Jordan Creek Pkwy. • West Des Moines 50266 Thursday, May 12 8:00 - 8:45 Legislative Update - Speaker: Robert Hogg 8:45 - 9:45 Probate - Speaker: David Repp 9:45 - 10:00 Break 10:00 - 11:00 Non-Profit - Speaker: Willard “Sandy” Boyd 11:00 - 12:00 State Case Law Update - Speaker: Hon. Colin Witt 12:00 - 1:00 Lunch (not provided) 1:00 - 2:00 Anti-Trust Issues-Spotting and Iowa Practice (Federal) Speaker: Samuel Jones 2:00 - 2:45 DUI - Speakers: Robert Rehkemper and Matt Lindholm 2:45 - 3:00 Break 3:00 - 4:00 Padilla (Federal) - Speaker: James Benzoni 4:00 - 4:45 Protective Orders - Speaker: Shellie Mackel 4:45 - 5:15 Construction Law/Economic Loss Doc. - Speaker: Kevin Caster
Friday, May 13
8:00 - 8:30 Social Media - Speaker: Megan Erickson 8:30 - 9:15 Title 19 - Speaker: David Grooters 9:15 - 9:45 Expungement - Speaker: Heidi Goodman 9:45 - 10:00 Break 10:00 - 11:00 Health Law - Speaker: Sheldon Kurtz 11:00 - 12:00 Conficts of Interests - Speaker: Eric Tindal 12:00 - 1:00 Lunch (not provided) 1:00 - 2:00 Federal Case Law Update (Federal) - Speaker: Hon. Ross Walters 2:00 - 2:30 IP (Federal) - Speaker: Ryan Carter 2:30 - 3:00 ECOA (Federal) - Speaker: Robert Gainer 3:00 - 3:15 Break 3:15 - 3:45 Topic TBA - Speaker: David Hayes 3:45 - 4:45 Ethics Panel (Ethics) - Speaker: Michael Streit
Registration Form: Bridge the Gap Seminar
Samuel Jones
James Benzoni
Ryan Carter
Robert Gainer
Name : _______________________________________________ Member # _________________ Phone # ___________________________________
Address: ________________________________________________________ City, State, Zip: _______________________________________________ E-mail: __________________________________________________________________
Registration Fee: ISBA Members: ____ $285 Members Admitted to Practice After 2006: ____ $235 Non-ISBA Members: ____ $400 Para-professionals (Legal Assistants & Office Employees): ____ $185 Judges: ____ $60 Law Students: ____ $35 Method of Payment: ___ Check enclosed Check Number ____________ CLE Season Pass _________
___ Master Card
___ Visa
___ Discover
___ American Express
Credit Card #:____________________________________________________________ Exp. Date: ___________ Cardholder Signature: ______________________________________________________________
Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions: phone (515) 697-7874, fax (515) 243-2511, or e-mail cvangundy@iowabar.org
Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by May 6. Written notification can be mailed, faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on May 12). The IOWA LAWYER
CLE Insert February 2011.indd 2
February 2011
1/31/2011 4:25:04 PM
Save the Dates! May 6, 2011 Juvenile Law Seminar ISBA Headquarters 625 East Court Avenue Des Moines, Iowa 50309
Topics and Speakers: Case Update - Jerry Foxhoven, Drake University Law School’s Middleton Center The CINA Case: From Removal to Procedendo - Jennifer Zahradnik, Kollmorgen, Schlue & Zahradnik, P.C. Juvenile Justice in Iowa Tribal Courts - Teresa Mahoney, Iowa Tribal Court Judge
June 22 - 24, 2011 138th Annual Meeting
Downtown Des Moines Marriott 700 Grand Avenue Des Moines, Iowa 50309
November 30 - December 2, 2011 72nd Annual Bloethe Tax School Downtown Des Moines Marriott 700 Grand Avenue Des Moines, Iowa 50309
Room reservations can be made at the Downtown Des Moines Marriott by visiting the Marriott website at www.marriott.com or by calling 1-800-514-4681. Hotel Information A block of rooms has been reserved Tuesday, November 29 - Friday, December 2, 2011. Room Rate $129 Per Night (Rates do not include 12% tax)
Please check www.iowabar.org and future issues of the Iowa Lawyer Magazine for more information and registration forms. The IOWA LAWYER
CLE Insert February 2011.indd 3
February 2011
1/31/2011 4:25:05 PM
Sponsored by the ISBA General Practice Section
FREE Fastcase Webinars Fastcase Research Tips (In-Depth) Wednesday, March 9 11:00 am - 12:00 pm
Wednesday, April 13 2:00 - 3:00 pm
Wednesday, May 11 11:00 am - 12:00 pm
Wednesday, June 8 2:00 - 3:00 pm
Wednesday, July 13 11:00 am - 12:00 pm
Wednesday, August 10 2:00 - 3:00 pm
Wednesday, October 12 2:00 - 3:00 pm
Wednesday, November 9 12:00 - 1:00 pm
Wednesday, September 14 12:00 - 1:00 pm Wednesday, December 14 2:00 - 3:00 pm
Case Law Nuts & Bolts (Overview) Tuesday, March 1 11:00 am - 12:00 pm
Tuesday, May 3 11:00 am - 12:00 pm
Tuesday, September 6 11:00 am - 12:00 pm
Tuesday, November 1 11:00 am - 12:00 pm
Tuesday, July 5 11:00 am - 12:00 pm
Searching for Statutes (Overview) Tuesday, April 5 2:00 - 3:00 pm
Tuesday, June 7 2:00 - 3:00 pm
Tuesday, October 4 2:00 - 3:00 pm
Tuesday, December 6 2:00 - 3:00 pm
Tuesday, August 2 2:00 - 3:00 pm
Quickly find relevant cases at the top of your results Easily sort search results six different ways
View later citing cases with integrated citation analysis
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Webinars have been approved for 1 hour State CLE credit.
Visit www.iowabar.org and click on the Fastcase logo to register. The IOWA LAWYER
CLE Insert February 2011.indd 4
February 2011
1/31/2011 4:25:06 PM
TRANSITIONS
Anita L. Dhar
become a partner in the law firm of Grefe & Sidney, P.L.C. in Des Moines. Anita received her B.S. degree in Psychology from the University of Iowa and her J.D. from the U of I College of Law in 2002. Anita practices in the trial division of the firm.
Dreher Simpson & Jensen, P.C. has announced that it has changed its name to
Simpson, Jensen, Abels, Fischer & Bouslog, P.C.. Located in Des Moines’ historic Equitable Building, Simpson, Jensen, Abels, Fischer & Bouslog is an Iowa-based firm with a diverse range of legal experience and a general practice. To learn more, please visit the firm’s new website at www.iowafirm.com.
Khara Coleman Washington has joined the Office of the Scott County Attorney as an Assistant County Attorney. Khara is a 1999 graduate of Washington University in St. Louis, and a 2009 graduate of Washington University School of Law. She previously served as a judicial law clerk in the chambers of Judge David R. Hansen, U.S. Court of Appeals for the Eighth Circuit. Prior to joining the Scott County Attorney’s Office, Khara worked as an associate at Kirkland & Ellis LLP in Chicago and Lane & Waterman LLP in Davenport. Janet E. Phipps Burkhead, an attorney practicing primarily in intellectual property law, has joined Dickinson, Mackaman, Tyler & Hagen, P.C. while Mary A. Zambreno has become a shareholder of the Des Moines-based firm. Janet received her J.D. from Drake University Law School and both an M.P.A and a B.S. from Iowa State University. Prior to attending law school, Janet held several executive positions in state government, including gubernatorial appointJanet E. Phipps ments to serve as Director of Burkhead the Iowa Department of General Services and Director of the Michigan Department of Management & Budget. She is also a decorated military officer, currently assigned as a Brigadier General in the Iowa National Guard. Mary graduated from DePaul University College of Law in 2004 and practiced law in the Chicago office of Schiller, DuCanto and Fleck before joining Dickinson as an associate in 2007. She is a member of the firm’s litigation group, where Mary A. her general practice includes, Zambreno but is not limited to, family law. She is also a member of the firm’s Banking, Business & Corporate Law
Board of Governors to nominate ISBA vice president, ABA State Bar Association delegate at March meeting
Practice Group. Mary is admitted to practice in both Iowa and Illinois.
Kelsey J. Knowles and William B. Ortman were recently named partners of the Belin McCormick law firm in Des Moines. Kelsey practices primarily in the areas of litigation and employment law. She received her B.S. from Arizona State University in 2001 and J.D. from Boston College Law School in 2004. Before joining the firm in Kelsey J. 2007, she served as a law Knowles clerk to Judge Richard L. Nygaard of the U.S. Court of Appeals for the Third Circuit and then as a judicial clerk to Judge Ronald L. Longstaff of the U.S. District Court for the Southern District of Iowa. Kelsey is admitted to practice in Iowa and before the U.S. Court of Appeals, Third and Eight Circuit, and the U.S. District Courts, Northern and Southern Districts of Iowa. Will has been with Belin McCormick, P.C. since 2007 and practices in the firm’s litigation group. He completed his B.A. at Swarthmore College in Pennsylvania and then his J.D. from the University of William B. Chicago in 2006. Following Ortman law school, he served as a law clerk to Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit. Will was admitted to the Iowa Bar in 2007.
AR OUN
Anita L. Dhar has recently
Robert Bembridge
Robert Bembridge has joined the law firm of Swisher & Cohrt, PLC in Waterloo as an associate. Before returning to Iowa, Robert was with the Office of the Solicitor General State Court of Fulton County in Atlanta, Ga. Robert received his B.A. from Loras College in 2001 and his J.D. from John Marshall Law School in 2004.
Gage R. Cobb and Stacy L. Morris have joined the firm of Lamson, Dugan, and Murray, LLP. Gage joins the Omaha, Neb. firm as an associate and Stacy as a partner. Gage graduated from the University of Kansas in 2003 with a B.A. in Political Science. He received his J.D. from Creighton University Law School in 2010. Stacy is a member of the firm’s litigation department. He obtained his J.D. from the University of Iowa in 2003 and graduated from St. John’s University in 1997 with a B.A. in Economics and Spanish. He is a member of the Omaha Bar Association, Nebraska State Bar Association, The
DT
The ISBA Board of Governors will nominate one or more association members for the offices of president-elect and vice president at its quarterly meeting in March. The BOG will also nominate an individual for the ABA’s State Bar Association Delegate. Current Vice President Cindy Moser is expected to be nominated as president-elect. Current ABA State Bar Association Delegate Diane Kutzko has asked to be nominated for another term in that position. However, anyone who is interested in becoming a nominee for any of these three positions should contact one or more of the governors (names and phone numbers can be found on page 3 of the Iowa Lawyer magazine or at this link: http://iabar.net/displayboard.cfm?default display=31840#31840). You may also contact Executive Director Dwight Dinkla at the ISBA office. Dwight’s contact information is: Phone: 515-243-3179; E-mail: ddinkla@iowabar.org.
H E B AR
Iowa State Bar Association, National Association of Trial Attorneys, and the American Bar Association. Stacy had previously clerked at Lamson, Dugan and Murray, and served as an associate of the firm since 2003. Joseph Danielson is now an associate at the law firm of Heronimus, Schmidt & Allen in Grundy Center. Joseph received his B.A. from Iowa State University in 2005 and his J.D. from Drake University Law School in May 2010.
Transitions Submissions only by e-mail
Copy deadline for Transitions is 30 days before the month of publication. Please follow the same style published here and keep submissions short and to the point. For new hires and promotions, the name of the law firm is not as important as the individual involved, so mention the lawyer first. Always submit a photo of the subject. If it is to be digital, please use the “.jpg” format only. Make all submissions in plain text or Microsoft Word “.doc” format via e-mail to cfritz@iowabar.org and please do not expect late submissions to be published immediately. We need at least a 30-day interval before publication. Include office phone number and name of the person furnishing the copy. Questions? Call Chris Fritz at 515-697-7873. Thank you for your assistance. the
Iowa Lawyer February 2011 19
IOWA STATE BAR ASSOCIATION — 2011 Affirmative Legislative Program Bill No. Bill Subject
Bill Description
Bill Status
Horizontal Property (Condominium Law)
Amends Code Chapter 499B to provide for a more fully developed system of governance for horizontal property regimes (i.e., provisions for confidential records, privileged meetings, emergencies). Addresses the types of plans and certificates that are required to be placed of record. Requires differentiation between projects that are complete and not complete. Provides for methods of amending the governing documents, including provisions for dealing with unresponsive unit owners or lenders.
Mineral Rights
Makes the provisions of Code Section 614.24 applicable to mineral rights so dormant mineral rights are either developed after a reasonable period of time or extinguished. Unless preserved as required by the Code Section, mineral rights (except as to coal) expire in 21 years. Mineral rights in existence on the effective date of the statute may be preserved by filing a claim by the owner within 3 years after the effective date of the Act.
Procedures for Updating County Land Ownership Records
Replaces Code Section 558.66 with a new section providing for a voluntary mechanism to update the administrative records of the auditor, assessor, and treasurer when there is a merger, consolidation, or name change. Provides a method of updating the name of a fiduciary on county records. Allows for a “change of title affidavit” for or on behalf of any surviving joint tenant and any remainderman upon the death of the life tenant.
Certified Mail Service on Foreign Corporations
Amends Code Section 490.1510 to provide that a foreign corporation with no registered agent in Iowa may be served, with respect to an action, statutory notice, or demand against its property interests, by certified mail, return receipt requested, at its principal place of business.
HSB 8/ SSB 1041
Foreclosure of Real Estate Mortgages
Amends Code Section 654.5 to allow a successful bidder at a sale to elect to receive, in lieu of sheriff’s deed or certificate of purchase, an assignment of the judgment creditor’s interest in the judgment, and any policies of title, property and similar insurance or guaranty owned by the judgment creditor in respect of the property.
HSB 8 assigned to House Judiciary Committee; SSB 1041 assigned to Senate Judiciary Committee.
HSB 6/ SSB 1042
Judgment Lien Release
Amends Code Sections 624.23(2)(c), 624.37, and 631.1 concerning requirements for obtaining a judgment lien release, and penalties for failing to acknowledge satisfaction of the judgment lien by the party receiving the proceeds.
HSB 6 assigned to House Judiciary Committee; SSB 1042 assigned to Senate Judiciary Committee.
HSB 10
Construction Law – Public Improvements
Amends Code Section 573.15 to provide additional protection to general contractors and subcontractors or material suppliers.
Assigned to House Judiciary Committee.
Probate/Trust Law
Contains update amendments to Iowa Probate Code, Trust Code, Inheritance Tax Chapter, Medical Assistance Trusts Chapter.
SSB 1005
Tax Law- Capital Amends Iowa Code Section 422.7(21)(a)(1) to extend the Iowa capital gains exemption Gains Exclusion on the sale of a business held 10 years or more to sales of stock or other equity interests in addition to a sale of assets of the business
HSB 7/ SSB 1045
Amends Code Section 901.3 to require presentence investigation reports to contain information on substance abuse and mental health treatment options available in both the offender’s community and in the correctional system. Amends Code Section 907.5 to specify that a defendant’s mental health and substance abuse history be considered by the sentencing court as factors in determining whether to defer judgment, defer sentence, or suspend sentence. Requires court to consider available treatment options.
Assigned to Senate Ways & Means Committee. HSB 7 assigned to House Judiciary Committee; SSB 1045 assigned to Senate Judiciary Committee.
Juveniles & Class “A” Felony
Amends Code Section 902.1 to provide life with parole with a 25-year mandatory minimum for offenders who are convicted of committing non-homicide Class “A” felonies as juveniles.
HSB 9
Assault as General Intent Crime
Amends the elements of the Assault statute (Code Section 708.1) to return Assault to its traditional characterization as a general intent crime.
Assigned to House Judiciary Committee.
HSB 11/ SSB 1043
Youthful Offender Program
Amends Code Sections 232.8(3) and 232.45(7)(a)(1) to permit a participant in the Youthful Offender program to be eligible for a deferred judgment and limit application of the Youthful Offender provisions to children 13, 14, or 15 years of age.
HSB 11 assigned to House Judiciary Committee; SSB 1043 assigned to Senate Judiciary Committee.
HSB 12
Waiting Period for Dissolution Decree
Amends Code Section 598.19 to give the court discretion, upon agreement of the parties, to waive the 90-day waiting period before a dissolution decree can be entered.
Assigned to House Judiciary Committee.
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Iowa Lawyer February 2011
Last updated: 1/25/11
In addition to the legislative proposals on the previous page, The Iowa State Bar Association supports the following positions as a part of its 2011 Affirmative Legislative Program: 1. 2. 3. 4.
Full funding of the Judicial Branch. Adoption of legislation providing for an automatic, periodic increase in indigent defense fees. Full funding for Legal Services. Child abuse prevention and treatment efforts and full funding for child abuse
5. 6. 8.
prevention and treatment. Opposition to the legalization of title insurance. Opposition to any proposal to restrict lawyer abstracting under Iowa Title Guaranty. Opposition to absolute immunity legislation.
How to contact your legislator
E-Mail All legislators have the same format for their e-mail addresses. It’s their first names (.) last Today it is very easy to communicate with your elected representatives. You can do it by mail, phone, name @legis.state.ia.us. A list of Iowa legislators e-mail or by meeting with them in your home district. and their e-mail addresses, as well as home contact information, is on the web at www.legis.state.ia.us. PHONE Click on “Legislators.” All legislators read their SENATORS: Call 515-281-3371 to reach the Iowa e-mails. It is a great way to communicate with them. Senate switchboard. REPRESENTATIVES: Call 515-281-3221 to reach U.S. Mail Address correspondence to members of the the Iowa House switchboard. Legislature at State Capitol, Des Moines, IA 50319.
Web access See calendars of legislative meetings, track legislation, find your lawmaker, and even listen to live debate on the General Assembly’s web site at www.legis.state.ia.us.
general information
Legislative Information Office 515-281-5129.
ADMISSION ON MOTION The following individuals have applied for admission on motion to the Iowa Bar. Jennifer Willis, Iowa City; Nathan S. Schoen, Cutler & Donahoe, LLP, Sioux Falls, So. Dak.; Andrea K. Little, Scheldrup Blades, Cedar Rapids; Jane Barbieri, Cedar Rapids; Leif Gustafson, Aviva, Ankeny; Karen Lierley, Pharmacists Mutual Companies (currently registered as house counsel), Algona; Robert G. Dorton, Law Offices of Robert Dorton, Omaha, Neb. Anyone with questions or comments should contact: Dave Ewert at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; 515-725-8029.
IPE 1031 has acquired
IPE 1031 1922 INGERSOLL AVENUE DES MOINES, IOWA 50309 515.279.1111 • 888.226.0400 FAX 515.279.8788 WWW.IPE1031.COM the
Iowa Lawyer February 2011 21
Bus ads cause controversy —
DART dodges free exercise, hits free speech (Editor’s note: The following essay received first place in the annual Drake law student writing contest in the spring of 2010. One of the benefits of winning the contest includes publication in the Iowa Lawyer. Space limitations and the timeliness of other articles prevented it from being published until now.)
By Christopher R. Steffe*
The controversy
DART (Des Moines Area Regional Transit Authority) is responsible for the transportation of passengers between the City of Des Moines and its surrounding communities. As Polk County’s principal bus service, it operates more than 100 buses that cover more than 15,000 miles daily, bussing passengers to “shopping malls, major business districts, residential areas and schools.” In support of its mission of providing low-cost fares to the public-at-large, DART permits limited advertising on
both the interior and exterior of its buses, subject to an established policy which, for example, restricts advertisements to those which are not false, misleading, deceptive, disrespectful, obscene, offensive or encourage illegal behavior. In August, 2009, as a part of a national concerted effort organized by the United Coalition of Reason, the Iowa Atheists and Freethinkers (IAF) launched an advertising campaign to raise awareness of the group’s existence. IAF contracted with DART to purchase exterior advertisements on 20 DART buses. These advertisements, which consisted of a blue sky and clouds, read, “Don’t believe in God? You are not alone,” and were scheduled to coincide with the Iowa State Fair. However, soon after their debut on buses around Des Moines, DART received numerous phone calls from offended local residents. As a result of these complaints, DART promptly removed them, stating
Litigation Support | Corporate Services
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Contact: David A. Fini, Vice President d.a.fini@reynolds-reynolds.com 515-557-1252 or Deb McCauley, Account Manager d.k.mccauley@reynolds-reynolds.com 515-875-4274
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Iowa Lawyer February 2011
that the signs were installed on the buses before the advertising commission formally approved them. After protest by the IAF and ACLU, DART reconsidered its action, and in a decision rendered days after the advertisements were originally displayed, DART reached a compromise wherein it redisplayed IAF’s advertising on the buses as they were originally installed.
Has a violation occurred?
In removing the advertisements without the consent of the IAF, DART impermissibly violated IAF’s freedom of speech. More specifically, DART engaged in viewpoint discrimination, which “occurs when government allows one message while prohibiting the messages of those who can reasonably be expected to respond, as outlined in Rosenberger v. Rector & Visitors of Univ. of Va. 515 U.S. 819, 894 (1995) (Souter, J., dissenting.) In order to establish a freedom of speech violation in which the government engages in viewpoint discrimination, one must examine what type of forum is being regulated. Traditionally, the modern analysis has recognized three types of fora for First Amendment purposes—traditional public fora, designated public fora, and nonpublic fora. The classification of the forum at issue informs the relevant legal standard for whether certain types of government action are permitted in the context of freedom of speech. In Lehman v. City of Shaker Heights, 418 U.S. 298 (1974), the United States Supreme Court addressed the question of what sort of forum is established when a city permits advertisements in city-operated buses. Although Shaker Heights pre-dates the Supreme Court’s three-fora analysis, the Shaker Heights classification still comports with the three-fora analysis. Characterizing bus-advertising as a commercial venture and analogizing it to various forms of media, including newspapers, periodicals, radio stations and television stations, the Court held that bus-advertising was a nonpublic forum, explaining that “[the city] need not accept every proffer of advertising
from the general public [because] a city transportation system has discretion to develop and make reasonable choices concerning the type of advertising that may be displayed in vehicles.” The reasonableness of the government’s exclusion of access in a nonpublic forum should be evaluated “in the light of the purpose of the forum and all the surrounding circumstances” and such exclusions must be viewpoint neutral. Cornelius v. NCAAP Legal Def. & Educ. Fund, Inc., 473 U.S. 788, 806, 809 (1985). Concerning DART, it is clear from the First Amendment jurisprudence of the Supreme Court that advertising on a cityoperated bus constitutes nothing more than a nonpublic forum. Unlike a public forum, which has been “immemorially held in trust for the use of the public . . . and used [traditionally] for purposes of assembly, communicating thoughts between citizens, and discussing public questions,” advertising on the side of city buses has never traditionally been a bastion of free speech and the communication of information and ideas. Hague v. Comm. for Indus. Org., 307 U.S. 496, 515 (1939). Instead, the primary purpose of permitting advertising is to raise additional revenue for DART’s operations. Further, unlike a designated public forum, DART has never actually opened up the forum for the general public as a place for expressive activity. Advertising has traditionally been restricted by DART’s advertising policies that prohibit certain types of advertisements from appearing on its buses, such as those that are obscene, encourage illegal behavior, or promote alcohol. Despite the forum’s nonpublic status, DART does not maintain plenary authority to dictate policies and procedures concerning advertising on its city buses. Any regulation propounded by DART must be reasonable in light of the purpose of the forum and must be viewpoint neutral. In Shaker Heights, the court held that the restrictions on political advertising on city buses were reasonable because allowing political advertising could result in jeopardizing the bus system’s financial stability by encouraging short-term candidacy or issue-oriented advertisements, assaulting passengers with constant barrages of political
propaganda, and even questioning the political impartiality of administrators in doling out advertisement spots. The Court held that these reasons were sufficiently reasonable as well as viewpoint neutral because the prohibition on political advertisements applied to all political advertisements, regardless of their content. Although there is scant evidence of what DART would consider its reasonable justifications in removing the IAF advertisements from its buses, it is likely that DART would proffer arguments analogous to those which were argued by the city in Shaker Heights. First, DART could argue that the unique context in which the advertisements exist creates a captive audience. This captive audience would consist of commuters who ride the bus system and perhaps even those on the street who are not necessarily commuters, but are still subjected to the advertisements involuntarily. Second, DART might also argue that permitting IAF’s advertising to remain on its buses could jeopardize DART’s future revenue generated by advertising through the marginalization of riders and advertisers. A certain population segment consisting of frequent, theistbus commuters who are offended may decide to boycott certain buses or the bus system altogether. Advertisers may either not support the message that is being delivered by the advertising and decide to cease advertising with DART or may be practically unable to actually advertise with DART because of the influx of shortterm or issue-oriented politics that might squeeze out more frequent and long-term advertisers. Third, just as the Court in Shaker Heights articulated a concern that political favoritism may surface if political advertisements were allowed on city buses, DART would likely argue that it should not cross the line into religious advertising because of its highly and potentially divisive nature.
Remembering their legacy One of the best ways to remember a deceased lawyer is through a memorial gift to the profession to which he or she devoted an entire life. Surviving family members can point with pride to the accomplishments memorialized in a tangible form. The Iowa State Bar Foundation is a fitting place for contributions made in the honor of a deceased member. There the gift will be used to support the Foundation’s charitable purposes for the advancement of the law and justice. To memorialize a respected colleague, a spouse, a parent, a grandparent, or just a friend, send contributions to: The Iowa State Bar Foundation, 625 East Court, Des Moines, IA 50309. A representative of the Foundation will contact the family, acknowledge the gift, and a permanent record will be made. For more information, contact The Iowa State Bar Foundation at the address above, or via phone at 515-697-7870, or e-mail at mhill@iowabar.org.
Ad removal not supported
A critical evaluation of these justifications, however, demonstrates the hollow ring in each of them. The captive audience argument would necessarily fail because a captive audience cannot really exist in this context. Unlike the proposed political advertisements placed the
Iowa Lawyer February 2011 23
inside the city’s buses in Shaker Heights, the advertisements that were utilized by IAF were external advertisements visible only to the outside observer. Thus, no bus rider would have to be subjected to such an advertisement and be unable “to effectively avoid further bombardment of [his] sensibilities simply by averting [his] eyes.” Shaker Heights, 418 U.S. at 320 (Brennan, J., dissenting). Further, a captive audience argument in respect to bus commuters and noncommuters who are outside of the bus is also untenable as a justification. Cohen would preclude such a finding. Cohen v. California, 403 U.S. 15, 22 (1971) (“[T[hose in the Los Angeles courthouse could effectively avoid further bombardment of their sensibilities simply by averting their eyes.”). Those who are merely walking along a sidewalk and are instantly exposed to the IAF advertisement would be able to avert their eyes. This conclusion is strengthened because sidewalks have been traditionally viewed as an open forum. Although one might distinguish this by arguing that the advertisement exists on a city-owned bus that is driving on public roads and not on the public roads themselves, such a distinction is pedantic
and unimportant because either way the bystander is exposed to the advertisement. Further, the very itinerant nature of buses guarantees that although a bystander may be exposed to the IAF’s advertisement for a period of time, that duration is so short as to reasonably preclude a justification. The second argument, that the IAF’s advertisement may marginalize commuters and advertisers, is similarly weak at best. Although it would be foolhardy to believe that the advertising would not offend any commuters or advertisers, arguing that the advertising would jeopardize future revenues is extreme. DART serves a critical role in the greater Des Moines community in creating a system of efficient and cheap transportation for the public. Knowing the key role DART plays in the community, it is highly unlikely to conclude that continuing to publish the IAF advertisements would result in a massive boycott of the transportation system. In fact, reports have shown that there has been benefits for both the IAF and DART since DART first published IAF’s advertisement—IAF has nearly doubled its state membership while DART has experienced an increased interest in advertising on its buses—and once the novelty of the issue runs its course, there will likely be little remaining IOWA ARMY NATIONAL GUARD public opposition. JUDGE ADVOCATE GENERAL’S CORPS Further, establishing reasonable, objective, Honor of Uniformed Service as a JAG Officer and uniform regulations Direct Commission as a JAG Officer that govern the Retirement Pension Plan Without Contributions process through which TRICARE Health Insurance advertisements $400,000 in Family Life Insurance are submitted and accepted will preempt JAG Corps officers investigate, prosecute and defend those any legitimate question charged with crimes in the military, provide legal advice for Soldiers of favoritism. and work with domestic and international contracts. Finally, the argument that permitting JAG ELIGIBILITY REQUIREMENTS advertisements such as Have graduated from an ABA-approved law school the IAF’s will squeeze Been admitted to the Bar and serve in the National Guard of the same state out long-term advertisers Be mentally and physically fit is untenable because Be of good moral standing and character such “short-term” Be a U.S. citizen, less than 40 years of age advertisements exist in contexts other than To learn more - contact: IAF’s and any concern Major David Messerli Iowa Army National Guard could be remedied via Judge Advocate Officer Strength Manager a formally established 515-252-4307 david.messerli@us.army.mil procedure which would http://www.nationalguard.com/careers/jag-officer prefer longer-term
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Iowa Lawyer February 2011
advertising contracts over short-term contracts. The last argument, that permitting IAF’s advertisement would cause DART to venture into the controversial territory of religion, is also weak. A close examination of the IAF’s advertisement shows that the advertisement is not merely attempting to convert theists to atheism. Instead, the advertisement, which reads, “Don’t believe in God? You are not alone,” is a call-toarms for IAF’s fellow atheists who may mistakenly believe that there is no local social support structure for atheists and freethinkers. Unlike the political advertisement at issue in Shaker Heights, which was a direct appeal to viewers to vote for the political candidate in an upcoming election, the IAF advertisement was a part of a national project coordinated by the United Coalition for Reason, an organization whose main goal is the promotion of the social networking of atheists, not the conversion of believers into nonbelievers. By permitting IAF to continue to advertise on the sides of its buses, DART would be simply furthering this non-religious, social goal. Finally, the most persuasive counterargument against DART would be to examine DART’s history of advertising. In Shaker Heights, the Court found persuasive the fact that the city, in its 26 years of operation of public transportation, never once accepted any political advertising on any of its buses. DART, on the other hand, has traditionally accepted advertisements which are comparable to the IAF’s—as Elizabeth Prusetti, DART’s Chief Development Officer, stated, “We’ve had churches advertise [before], but its been for their church and not a belief.” It is clear that past advertising of churches on DART buses are not dissimilar from the IAF’s advertisement. This is especially true since IAF’s advertisement was not a tool used for the recruiting of believers to atheism, but instead a method to raise awareness of the group’s existence in Iowa. Thus, it appears that not only is there not a reasonable justification for the intrusion into the free speech rights of the IAF, but that the intrusion itself was nothing short of viewpoint discrimination against IAF. *Christopher Steffe graduated from Drake University Law School in May 2010, and was admitted to the Iowa Bar in September.
Thank you to these speakers The ISBA would like to thank the following speakers for providing their knowledge to attorneys attending ISBA-sponsored CLE seminars:
Gregory Kenyon, Bradshaw, Fowler, Proctor and Fairgrave PC, Des Moines
June 3 — Women & Minorities: IOSHA Practice & Procedure, telephone CLE-
May 2010
Gail Sheridan-Lucht, State of Iowa, Div of Labor Services, Des Moines
May 6-7 — Bridge the Gap Seminar
Sen. Rob Hogg, Elderkin & Pirnie PLC, Cedar Rapids Tre Critelli, Nicholas Critelli Associates P.C., Des Moines Robert Gainer, Garten & Wanek, Des Moines Daniel Olson, DNR, Des Moines Jon Tack, Iowa Department of Natural Resources, Des Moines David Cox, Bray & Klockau PLC, Iowa City Hon. Ross Walters, Des Moines James Weston, Tom Riley Law Firm PLC, Iowa City Angela Campbell, Dickey & Campbell Law Firm, PLC, Des Moines Timothy Semelroth, Riccolo & Semelroth PC, Cedar Rapids Mary Kate Pilcher Hayek, Kennedy Cruise Frey & Gelner LLP, Iowa City Jill Zwagerman, Newkirk Law Firm, PLC, Des Moines Mark E. Weinhardt, Belin McCormick, PC, Des Moines David O’Brien, Willey & O’Brien, Cedar Rapids Prof. Roger McEowen, Iowa State University, CALT, Ames Hon. Colin Witt, Des Moines Tim Gartin, Hastings, Gartin & Boettger, LLP, Ames Prof. Neil Hamilton, Drake University, Des Moines Michael Streit, Johnston Connie Diekema, Finley Alt Smith Scharnberg Craig Hilmes & Gaffney PC, Des Moines Steve Ballard, Leff Law Firm LLP, Iowa City Sharon Soorholtz Greer, Cartwright Druker & Ryden, Marshalltown
May 12 — Juvenile Law, telephone CLE
Hon. William Owens, Associate Juvenile Law Judge, District 8A, Ottumwa
May 17 — New Code of Judicial Conduct, telephone CLE
Iowa Supreme Court Justice David Wiggins, Des Moines Iowa Supreme Court Justice Mark Cady, Des Moines
June 4 — Criminal Law Seminar
Joseph McEniry, Legislative Services Agency State Capitol, Des Moines Robert Rigg, Drake Legal Clinic, Des Moines Al Willett, Cedar Rapids Theresa Wilson, Office of the State Appellate Defender, Des Moines Robert Rehkemper, Gourley Rehkemper & Lindholm, PLC, Des Moines David Porter, Des Moines Kim Wadding, Des Moines Mark Smith, Des Moines Roxanne Ryan, Des Moines
June 9 — Workers’ Compensation, telephone CLE
Nathaniel Boulton, Hedberg & Boulton, P.C., Des Moines
July 2010 July 9 — Two Person Best Shot
David L. Brown, Hansen McClintock & Riley, Des Moines
July 9 — Summer Seminar
Thad J. Murphy, Law Offices of Thad J. Murphy, Dubuque Rep. Eric Palmer, Palmer Law Firm, Oskaloosa Gary Otting, Assistant Attorney General, Des Moines Matthew C. McDermott, Belin McCormick, Des Moines Tony James, Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines
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May 21 — Commercial & Bankruptcy Law Seminar Abbe M. Stensland, Simmons, Perrine, Moyer and Bergman, Cedar Rapids Michael E. Ridgway, Trial Attorney, Office of United States Trustee, Minneapolis, Minn. Thomas O. Ashby, Baird Holms, LLP, Omaha Steven C. Turner, Baird Holm, LLP, Omaha Jeana Goosmann, Goosmann Law Firm, PLC, Sioux City Randall D. Armentrout, Nyemaster Goode, P.C., Des Moines Rod Kubat, Nyemaster Goode, P.C., Des Moines
June 2010
June 2 — Special Needs Trusts and Medicaid, telephone CLE
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(simple to complex) • Obtain focus-jurors names from trial venue jury lists • Can test and evaluate for trial strategies & tactics • Yields real-world results (no more guesswork)
Robert E. Tucker
Ph.D, J.D. Trial Attorney & Consultant 2400 86th Street, Suite 35 Des Moines, IA 50322
(515) 276-8282 (800) 276-5076
robtucker@tuckerlaw.net the
Iowa Lawyer February 2011 25
Brian Farrell, University of Iowa, Iowa City Ray Johnson, West Des Moines Hon. Edward Mansfield, Iowa Court of Appeals, Des Moines Jeana Goosmann, Goosmann Law Firm, Sioux City Hon. Mark. W. Bennett, U.S. District Court, Northern District of Iowa, Sioux City
July 14-15 — Bench Bar
Hon. Van Zimmer, Iowa Court of Appeals, Vinton Hon. Robert Hanson, Fifth Judicial District, Des Moines Hon. Jeffrey Neary, Fourth Judicial District, Merrill Robert Miller, Colorado Judicial Institute, Broomfield, Colo. Janece Valentine, Valentine Law Office, P.C., Fort Dodge Justice David Baker, Iowa Supreme Court, Cedar Rapids Hon. David Remley, Sixth Judicial District, Anamosa Hon. Bobbi Alpers, Seventh Judicial District, Davenport Bernard Spaeth Jr., Whitfield & Eddy PLC, Des Moines Hon. Jane Spande, Sixth Judicial District, Cedar Rapids Deborah Dice, Ottumwa Adam Parsons, Wapello Brian Sissel, Cedar Rapids
August 2010 Aug. 5 — Solo and Small Firm
Carole A. Tillotson, Drake University Law School, Des Moines Trisha Fillbach, Drake University Law School, Des Moines Barb Collins, Lexis Nexis, Des Moines Igor Dobrosavljevic, Grand Consulting Group, Des Moines Josh Dreyer, Grand Consulting Group, Des Moines Michel Nelson, Iowa Savings Bank, Carroll Bob Rafferty, The Rafferty Group LLC, West Des Moines James Bleskacek, Des Moines Hugh Grady, Lawyers Assistance Program, Des Moines Bridget Penick, Dickinson Mackaman Tyler & Hagen PC, Des Moines Jodee Hicks, Heartland Technologies, Ames Kerry Bell, Timely Office Solution, Fairfield David Hellstern, Kreamer Law Firm PC, West Des Moines Michael Murphy, Murphy Collins & Bixenman PLC, Le Mars David Beckman, Beckman Law Office PLC, Burlington Kim Balk, Legal Technology Services Inc., Des Moines Prof. Roger McEowen, Iowa State University CALT, Ames Pat Onken, Infomax, Des Moines Dewey Cantrell, The Iowa State Bar Association, Des Moines James Nervig, Brick Gentry PC, West Des Moines
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Dan Moore, Berenstein, Moore, Heffernan, Moeller & Johnson LLP, Sioux City R. Michael Hayes, West Des Moines Timothy Van Vliet, Wetsch & Abbott PLC, Des Moines Nancy Thompson, Thompson Law Office, Des Moines Mark Gray, Whitfield & Eddy PLC, Ankeny James Bergkamp, Hefner & Bergkamp PC, Adel Mark Gray, Whitfield & Eddy PLC, Ankeny Dan Bray, Bray & Klockau PLC, Iowa City Lori Klockau, Bray & Klockau PLC, Iowa City Rachelle Johnson, Johnson Law Firm PC, Montezuma Jesse Render, Altwegg & Anderson, Logan Annie Tucker, Iowa City Mike Winter, Council Bluffs Hon. Randy DeGeest, Eight Judicial District, Oskaloosa Bill Brauch, Attorney General’s Office, Des Moines
Aug. 11 — Real Estate Settlement Practice Act (RESPA)
Ronette Schlatter, Iowa Bankers Association, Des Moines
Aug. 13 — Ethics, telephone CLE
Mark McCormick, Belin McCormick, PC, Des Moines
September 2010 Sept. 8 — Prosecution from Raid in Postville
Canayd Freixas, Florida International University, Miami
Sept. 10 — Trade Regulation/Corporate Counsel Seminar
Edgar F. Hansell, Nyemaster Goode P.C., Des Moines Lance W. Lange, Belin McCormick, PC, Des Moines Ryan N. Carter, Nyemaster Goode P.C., Des Moines Frank Stork, Wellmark, Des Moines Norbert Kaut, Meredith Corporation, Des Moines Willard Boyd III, Nyemaster Goode P.C., Des Moines Lori Chesser, Davis Brown, Des Moines Hon. Edward M. Mansfield, Iowa Court of Appeals, Des Moines Chris Pflaum, Spectrum Economics, Inc., Overland Park, Kan. Mark T. Hamer, Meardon Sueppel & Downer PLC, Iowa City William Raisch, Urbandale David Basler, Child Serve, Johnston Matthew McDermott, Belin McCormick, PC, Des Moines Prof. Maura Strassberg, Drake Law School, Des Moines
Sept. 17 — Fundamentals of Federal Practice
Representatives from Clerks’ Offices in E-Filing and Courtroom Technology Des Moines, Cedar Rapids, Davenport and Sioux City Hon. Ross A. Walters, United State Magistrate Judge for the Southern District of Iowa, Des Moines Hon. Paul A. Zoss, Chief United States Magistrate Judge for the Northern District of Iowa, Sioux City Hon. Jon S. Scoles, United State Magistrate Judge for the Northern District of Iowa, Mason City Hon. John A. Jarvey, District Judge for the Southern District of Iowa, Davenport Hon. Steven Colloton, United States Court of Appeals for Eighth Circuit, Des Moines
Jeffrey Fields Iowa City Eighteen-month suspension Supreme Court Decision November 19, 2010 This matter involves the neglect of two client matters and the failure of Fields to file income tax returns for 2002 through 2004. Fields was prosecuted and convicted of two counts of fraudulent practice in the second degree. He has been practicing law in Iowa since 1997, primarily as a sole practitioner. These charges stem from three separate matters. The first matter involved Fields’ representation of two clients in a civil rights claim. The action was filed in state court and the defendants subsequently removed it to federal court. Fields, who was not admitted in federal court, stated that he would associate himself with an attorney who was, then seek admission himself. He failed to do either. The case was eventually dismissed due to Fields’ failure to respond to discovery requests and failure to file a resistance to the motion for summary judgment. The second matter involved his representation of the executor of an estate. A notice of delinquency for failure to file an interlocutory report was issued to him and when he failed to rectify the delinquency, the board sent a letter of inquiry. After a second inquiry, Fields finally responded that he would file a response. He failed to file a response and the board initiated a notice of complaint
against him. The estate was subsequently closed three years after it was opened. The third matter involved Fields’ failure to file income tax returns for 2002, 2003 and 2004. He pled guilty to two counts of fraudulent practice in the second degree, and judgment was deferred for three years and Fields was placed on probation. He was also ordered to pay civil penalties and restitution. The board’s complaint alleged neglect, misrepresentations and incompetence. The board also alleged that Fields’ failure to file income tax returns supported a finding of a violation of DR 1-102(A)(3) (prohibiting conduct involving moral turpitude) and DR 1-102(A)(4), (5), and (6). In 2009, Fields sought medical treatment and was diagnosed with several mental health conditions, including manic/depressive bipolar disorder and attention deficit disorder. The Court found that Fields violated DR 6-101(A) (3) and rule 32:1.3 of the Iowa Rules of Professional Conduct (neglect of client’s matter); that he made misrepresentations in violation of DR 1-102(A)(4), (5), and (6) and rules 32:8.4(c) and (d); that he failed to keep his clients reasonably informed in violation of rule 32:1.4; failed to provide his clients with competent representation in violation of rule 32:1.1 when he failed to associate with an attorney admitted to practice in federal court; failed to respond to the board’s inquiries in violation of DR 1-102(A)(5) and (6) and rule 32:8.4(d); and violated DR 1-102(A)(4), DR 1-102(A)(3) and DR 1-102(A)(6) by failing to file his income tax returns. However, the Court found that the board
Disciplinary
ACTIONS
failed to prove by a convincing preponderance of the evidence that his actions in the estate matter constituted incompetence. The sanction for attorney misconduct involving neglect typically ranges from a public reprimand to a six-month suspension. See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Lickiss, 786 N.W.2d 860, 868 (Iowa 2010). The sanction often depends on the amount of neglect violations, whether there are other violations, or whether there is a history of past disciplinary problems. Fields had been disciplined for similar conduct in 2001 where he received a private admonition, in 2004 where he received a public reprimand and in 2005 where he received a public reprimand. In the past, the Court had issued sanctions ranging from a 60-day to three-year suspension for failing to file income tax returns. Further, in determining the appropriate sanction, the Court stated that it considered it an aggravating factor for an attorney to have failed to file tax returns for an extended period of time. However, an attorney’s voluntary disclosure of the misconduct as well as personal illnesses are both mitigating factors in determining the appropriate sanction. The Court ultimately found it was appropriate to suspend his license to practice law for 18 months. Prior to any automatic reinstatement, Fields must provide an evaluation from a licensed health care professional verifying his fitness to practice law, and he must establish that he has filed his overdue income tax returns.
Real Estate Transactions March 25, 2011 Neal and Bea Smith Legal Clinic For more information:
www.law.drake.edu/cle
800.940.2119
24th & University Ave. Des Moines, IA 50311
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Iowa Lawyer February 2011 27
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E-mail submissions to the CLASSIFIED ADVERTISING section are requested. They save keystrokes, thus cutting down on our production time, and help to assure accuracy. Please follow the style of the ads appearing here, indicate the classification where you want your ad to appear and state how long the ad is to run. Each ISBA member of a private law practice receives two free insertions annually. Corporate and government attorney members of the association receive the same free privileges for their business, non-employer-related ads. If you have questions, call Steve Boeckman at 515-243-3179. E-mail your copy to sboeckman@iowabar.org. The number appearing in parentheses after each ad is not a box number. It indicates the date the ad will be pulled from the magazine.
(TF) indicates the ad will run until we receive instructions to pull it. Deadline for submissions is the first of the month prior to the month of publication.
COMMERCIAL ADVERTISERS: For rates, or to place an ad, contact Alex Larson (515) 238-4406; alex@larsonent.com.
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online for the ‘Counsel - Consumer Mortgage and Commercial Lending’ position. (SE)
Counsel — (Omaha, NE)-Bank of the West seeks Counsel for our Consumer Mortgage and Commercial Lending divisions. Will provide legal counsel regarding residential mortgage lending and consumer lending products. Will also provide legal counsel to commercial lending business units on commercial credit products (both syndicated and single-bank obligations) in connection with a broad variety of commercial loans, including real estate loans, agricultural loans and small business (including SBA) loans. Analyze and make recommendations regarding the impact of statutory and regulatory changes. For immediate consideration, visit www.bankofthewest.com, click on ‘Careers’, search under ‘Omaha, NE’ and apply
BANKRUPTCY ATTORNEY — Established Des Moines law firm seeks experienced bankruptcy attorney. Responsibilities will include representing debtors, creditors, trustees and committees in both liquidation and reorganization cases. The position will involve handling consumer Chapter 7 and Chapter 13 cases from initial interview through case closing. Applicants should have a comprehensive understanding of bankruptcy law and experience practicing before the bankruptcy court. Preferred qualifications include experience representing consumer and business clients in cases filed under Chapter 7 and Chapter 13. Experience with Chapter 11 and Chapter 12 cases would also be beneficial. Interested candidates should submit a resume and cover letter in PDF format to may.david@bradshawlaw.com. Please title your e-mail as “Application for Bankruptcy Position.” Applications must be submitted on or before March 15, 2011. (4-11) JUDICIAL CLERKSHIP — The Fourth Judicial District Court in Council Bluffs is currently accepting applications for a judicial clerkship position. The clerkship term is for one year, commencing August 2011. Duties include working directly with all district judges and associate judges; performing legal research; drafting memoranda, decisions, findings and orders; and other duties as assigned. The salary is approximately $43,800, and includes a full range of State of Iowa benefits. Graduation from an accredited law school is required, although applicants may apply while still in their final year. Interviews will be held in February 2011. Please send a cover letter, resume, law school transcript (unofficial transcript is acceptable) and writing sample to the following address by Feb. 11: Hon. Jeffrey L. Larson, Chief Judge, 4th Judicial District, 227 South 6th Street, 4th Floor, Rm 413, Council Bluffs, IA 51503. (3-11) ATTORNEY — We are a small group of sole practitioners who are looking for one, possibly two, additional attorneys to share office space and staff. We will be relocating to the west side of downtown Des Moines or Ingersoll Ave/Grand Ave. Relocation will take place in late-Spring or early-Summer. Looking for an attorney with at least 2-5 years experience. Our group currently handles mostly family law and bankruptcy, but also other general practice areas as well. We would prefer someone with a background/specialty in another area of law,
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Iowa Lawyer February 2011
possibly criminal law. If interested please email a cover letter and resume to lawjsr@yahoo.com. All inquiries strictly confidential. (4-11) ASSOCIATE — Ankeny office of A- rated Des Moines firm seeks an Associate Attorney with 3 to 6 years experience. The successful candidate will already have and/or be uniquely motivated to build relationships and generate client business in and around the Ankeny community. Family law, transactional, and routine criminal and/or civil litigation skills will be a plus. We are looking for a quick learner and self-motivated individual. Competitive salary and benefits. Please submit your resume or CV, a cover letter and your law school transcript to: Chair, Professional Recruitment Committee, PRCChair@whitfieldlaw.com, 317 Sixth Avenue, Suite 1200, Des Moines, IA 50309-4195; Fax: 515-246-1474. To learn more about the firm, please visit our website at www.whitfieldlaw.com. (4-11) ATTORNEY — A well-established AV-rated medium-size law firm in Sioux City is seeking an attorney to join the firm. The ideal candidate will have 3-5 years experience in the areas of litigation and general practice. Please send cover letter with resume and references to The Iowa Lawyer, Code No. 112410, 625 E. Court Avenue, Des Moines, IA 50309 or e-mail it to isba@iowabar.org. Please include code number on envelope if mailing and on subject line if e-mailing. All inquiries will be treated with strict confidence. (3-11) ASSOCIATE — AV-Rated West Des Moines firm is seeking a motivated associate with a minimum of two years experience. Must have probate experience. Tax and real estate experience a plus. Our firm is a general practice firm so our ideal candidate will have a diverse legal background as one would find in a county seat practice. Competetive salary and benefits. Please send cover letter with resume to: William G. Brewer at McEnroe, Gotsdiner, Brewer & Steinbach, P.C., 1701 48th Street, West Des Moines, IA, 50266, or fax to (515) 267-8100 (3-11) CORPORATE ATTORNEY — Fisher Controls International, LLC, a Marshalltown-based global manufacturing and sales subsidiary of a Fortune 500 Company, has an opportunity for an attorney to join its legal staff as Assistant General Counsel. In such role, you would be involved in commercial transactions, contracts, dispute resolution, litigation (non-product) and trade regulation. Preferred candidates will have a J.D. degree with strong academic credentials, admission to the Iowa Bar, and 5+ years of broad experience working in-house for a manufacturing company. Qualified candidates should send their resumes to Michael Shannon, Vice President & General Counsel , electronically to mike.shannon@emerson.com. (3-11) ASSISTANT COUNTY ATTORNEY — The Palo Alto County Attorney’s Office in Emmetsburg is accepting applications for a full-time Assistant County Attorney beginning Jan. 1, 2011. Duties include prosecution of simple misdemeanors, certain indictable offenses, certain felonies, mental health commitments and substance abuse commitments. Prior prosecution experience is preferred but not re-
quired. Applicants must be licensed to practice in the State of Iowa. Salary range is $40,000 to $55,000 dependent upon experience, plus benefits. Send resume and cover letter to: Lyssa Henderson lyssahenderson@gmail.com. No phone calls please. Applications will be accepted until the position is filled. (3-11) ATTORNEY — Established NW Iowa county seat law firm seeks an associate interested in general practice full-time. Benefits are competitive. Salary commensurate with experience. Send resume to Miller, Miller, Miller, P.C., 216 W. Main Street, Cherokee, IA 51012, or inquire at 712-225-5194. All applications and inquiries will be kept confidential. (3-11) ATTORNEY — Des Moines-area, AV-rated law firm seeks an attorney with two to five years civil litigation/trial experience. Transactional experience to include real estate would be preferred but not required. Excellent credentials and admission to the Iowa Bar required. All replies held in strict confidence. Please send resume with cover letter to The Iowa Lawyer, Code 122710, 625 E Court Avenue, Des Moines, IA 50309 or email to isba@iowabar.org. Please include code number on outside of envelope if mailing and in subject line if e-mailing. (3-11) ATTORNEY — Nyemaster Goode, P.C., is seeking a corporate/transactional attorney with 5+ years of experience for its growing Cedar Rapids office. The ideal candidate would possess outstanding academic credentials and work experience; would have a strong work ethic; and would have developed a base of business. The successful candidate will be involved in the firm’s corporate/transactional matters, especially with respect to Nyemaster Goode’s clients located or doing business in eastern Iowa. Please send a cover letter and résumé by postal mail to John T. Clendenin, 700 Walnut Street, Suite 1600, Des Moines, Iowa 50309, by fax to (515) 283-3108 or by email to jtclendenin@nyemaster.com. All inquiries will be held in confidence. Nyemaster Goode is an equal opportunity employer. (3-11)
Career Center ARE YOU SEARCHING for a new associate or law partner? Are you looking for a different
full- or part-time position? Go to www.iowabar. org and click on the ISBA Career Center. (TF)
CLASSIFIED ADS John G. Kujac, NCARB • 515-795-4001 john@kujac.com • www.kujac.com (SE)
Experts
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Architecture and Construction LegalWorks Guidelines for Iowa. Windows Expert Witness — version. Calculates child support pursuant to Architect, and Contractor, 34 years experience. Iowa child support guidelines worksheet and Available to assist plaintiff or defense attorneys. client’s financial affidavit. Call 888-282-5291 Specializing in: for pricing and delivery information. Satisfac• Building Codes tion guaranteed. LegalWorks Software, P.O. Uniform Building Codes (UBC, UMC, Box 22127, Des Moines, Iowa 50325. www. UPC, UEC, UFC) – Americans with legalworkssoftware.com (SE) Disabilities Act (ADA) – OSHA – International Building Code (IBC) – Life Safety Code (NFPA 101) – Council of American Building Officials(CABO) NOTICE: — Medicaid Recovery • Industry Standards Programs: Casualty Lien Recovery – American Institute of Architects (AIA) – Iowa Code 249A.6 provides that the Iowa Associated General Contractors (AGC) – Department of Human Services has a lien National Fire Protection Association against the recovery recipients obtain (NFPA) – American National Standards from third party tortfeasors. An attorney Institute (ANSI) – American Society of representing an applicant for, or recipient Testing Materials (ASTM) – Underwriters of, assistance on a claim upon which the Laboratories (UL Standards) – American department has a lien under this section Society of Refrigeration Engineers shall notify the department of the claim. Association (ASREA) For further information, contact Andrea • Usual and Customary practices Speten, 515/256-4620. Safety – Owner – Contractor relations Estate Recovery — Iowa Code 249A.5(2) Undocumented agreements / Change provides that the provision of medical orders / Cost overruns assistance creates a debt due the department Workmanlike craftsmanship – from the individual’s estate for all medical Construction methods assistance provided on the individual’s behalf Licenses, Affiliations and Memberships: for those recipients 55 years of age or older or Architectural Licenses: Iowa, Nevada, a resident of a facility. The personal representative or executor may be held Indiana – National Council of personally liable for the amount of medical ArchitecturalRegistration Boards assistance paid on behalf of the recipient if a (NCARB) – International Conference of distribution is made without having executed Building Officials (ICBO) – Iowa the obligations pursuant to section 633.425. Association of Building Officials (IABO) – For further information, contact: Ben National Safety Council (NSC) – Chatman, 888/513-5186, 515/246-9841, www. Iowa/Illinois Safety Council (IILSC) – iowa-estates.com. (SE) National Fire Protection Association (NFPA)
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Iowa Lawyer February 2011 29
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Personal If depression, stress, alcohol or drugs are a problem for you, we can help. We are a non-profit corporation offering attorneys free help in a totally confidential relationship. We are the Iowa Lawyers Assistance Program. Under order of the Iowa Supreme Court, all communication with us is privileged and private. Our director is a former lawyer, a recovering alcoholic and drug addict. He is a trained substance abuse counselor and an Employee Assistance Professional (EAP). We cannot help unless you call — 515-277-3817 or 800-243-1533 — or message (in confidence) help@iowalap.org. All you have to do is ask us to contact you. No other details are necessary.
We will call you. The Iowa Lawyers Assistance Program also can provide speakers for local bar associations. Just ask. (TF)
Positions wanted BUSINESS-ORIENTED ATTORNEY — Looking for an attorney with strong business acumen? Legal, business and marketing professional with 15 years of experience just relocated back to Iowa and is seeking a position in or around the Dallas County area. Significant experience in the insurance industry. Resume can be viewed at The Iowa State Bar Association Career Center or contact troy@dvisioninc.net. (3-11)
services available Paying $200 or more for a website? Don’t have a website? LawyerWebPros.com does them and for much less. We can take control of your website and save you money. Your website won’t change; service will improve and you will pay much less. There is no website we cannot build and host for you. Plans start at $50 per month. It’s easier to accomplish than you think, especially since we will provide the information content. We are an Iowa business. Call toll-free: 877-257-3968 or visit us at lawyerwebpros.com. (SE)
space available OFFICE SPACE — Beautifully decorated office space available at 1906 Ingersoll, Des Moines, IA (close to downtown). This includes four offices, (3 with windows and one office would make a nice conference room), access to lobby area, access to break room (includes IKEA cabinets, etc.), free parking. Very affordable ($368.00 per office includes local phone, high speed internet, and security).Call 515-313-1567 for more information or to set-up an appt. (SE) OFFICE LEASE — Modern affordable Professional Law Office on the edge of the new West Capitol Terrace Gardens & Park. Internet, conference rooms, kitchen access, telephone, copy center, fax and all necessities required of a modern law office including receptionist. Easy ground floor access for clients from off-street parking. Walk to trendy restaurants of the East Village. Ideal for the experienced sole practitioner or lawyer leaving an established firm. Across the street from the new Iowa State Bar Association Building. 701 East Court, Des Moines, IA 50309 515-274-8679 tswanson@dwx.com (4-11)
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WEST DES MOINES OFFICE SPACE — Two-person AV-West Des Moines law office has third office space available to office share with one attorney in Century I Building. Space includes phone system with voice mail, copier/fax/scanner, high speed internet, unlimited long distance, kitchen, 2 conference rooms, free parking, receptionist, secretary assistance as needed, utilities and cleaning. For information, call (515) 225-1100. (SE)
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Iowa Lawyer February 2011
ISBA officers meet with legislative leaders ISBA officers Frank Carroll, president; Bob Waterman, president-elect; and Cindy Moser, vice president, met briefly with several legislative leaders before and after the State of the Judiciary address on Jan. 12. They were accompanied by Legislative Lobbyists Jim Carney, and Jenny Tyler, and Executive Director Dwight Dinkla. The purpose of the meetings was to introduce the officers to House and Senate leadership, and to discuss several topics on the ISBA’s 2011 Affirmative Legislative Program. The group met with Senate President Jack Kibbie,
Officers Bob Waterman (back to camera), Cindy Moser and Frank Carroll, and Executive Director Dwight Dinkla meet with Senate Minority Leader Paul McKinley (right) in his office.
Senate Majority Leader Mike Gronstal, Senate Minority Leader Paul McKinley, and House Minority Leader Kevin McCarthy. They discussed the judicial branch budget and the importance of full funding for the courts. They also discussed the issue of impeaching the four remaining supreme court justices. The meeting with legislators has become an annual event on the day of the State of the Judiciary address. Senate Majority Leader Mike Gronstal makes a point during the officers’ visit to his office. Listening intently are (from left) President-elect Bob Waterman, Vice President Cindy Moser and Executive Director Dwight Dinkla.
2011 Know Your Constitution winners Students and their teachers who received a trip to Washington, D.C., as part of The Iowa State Bar Association Young Lawyers Division’s Know Your Constitution program include: (from left) teacher, William Fink, and student, Jeff Critchlow, Carlisle High School; teacher, Chris Govern, and student, Dalton Berentsen, Riceville Community High School; teacher, Michael Schaffer, and student Alexandra (Allie) Becker, Central Academy, Des Moines; teacher, Lon Spurgin, and student, Stormy Templeton, Central Lee High School; and teacher, James Mertz, and student Sean Loew, Madrid High School. A total of 100 students, one from each of Iowa’s 100 legislative districts, were selected as finalists, and were treated to an awards luncheon in Des Moines in early January. The five trip winners were selected by drawing names and they, along with their teachers, will attend a weeklong education immersion program in D.C., Feb. 20-25. As part of the program, they will meet with department heads at several federal agencies and with members of Congress. The Know Your Constitution program is funded by the Iowa State Bar Foundation, IOLTA, the ISBA and a small grant from the American Bar Association. the
Iowa Lawyer February 2011 31
D R E W L A W F I R M P. C . P R A C T I C I N G P R I M A R I LY I N W O R K E R S ' C O M P E N S AT I O N & P E R S O N A L I N J U RY L AW Wo r k i n g w i t h I o w a l a w y e r s a s c o - c o u n s e l for over 21 years.
N e e d hel p wi th a personal i nj ury or workers' c omp ensati on case? Gi ve m e a cal l at ( 8 6 6 ) 712-2254 or vi si t w w w. i owaWCreferral attorney. com or w w w. i owaPI referral attorney. com for FAQ. TO M L . D R E W Past President, Iowa Trial Lawyers Association 2005 Past President, C. Edwin Moore American Inns of Court 2005 Past Chair, Litigation Section Iowa State Bar Association 2007-2008 President Elect, American Board of Trial Advocates (ABOTA) Fellow, Iowa Academy of Trial Lawyers Member, Iowa Association of Workers' Compensation Lawyers (IAWC) Million Dollar Advocates Forum (www.milliondollaradvocates.com ) Drew Law Firm P.C., 554 28th Street, Des Moines, IA 50312-9403 Fax: (515) 323-5643 Email: tdrew@drewlawfirm.com