April 2010 Iowa Lawyer

Volume 70 Number 4 April 2010THE

Breakfast at the bar

ALSO IN THIS ISSUE• Board of Governors, Foundation board meet • Recusal standards in the courtroom• Disaster recovery for your computer• Unauthorized pracitice of law

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Volume 70 Number 4 April 2010THE

Breakfast at the bar

ALSO IN THIS ISSUE• Board of Governors, Foundation board meet • Recusal standards in the courtroom• Disaster recovery for your computer• Unauthorized pracitice of law

CONTENTS

AbOUT THE cOvErISBA governors Brendan Quann (left) and

Beth Hansen talk with State Representative Kerry Burt from Waterloo during the legislative breakfast hosted by the association on March 11. Approximately 85 of Iowa’s 150 senators and representatives attended the event and visited with the governors. The main topics of conversation were the judicial branch budget and the various bills on the ISBA’s Affirmative Legislative Program. See more photos and details about the breakfast starting on page 6. The Affirmative Legis- lative Program is on pages 20-21.

the Iowa Lawyer April 2010 3

President’s letter: Attacks on merit selection of judges – Lorentzen ................... 4Foundation board approves two grants ...................................................... 5Breakfast at the bar........................................... 6BOG nominates officers, approves 2010-2011 budget .......................................... 8ISBA governors approve new Construction Law Section .............................. 9A salute to two giants of the profession ......... 10In Memoriam .................................................... 12CLE opportunities ............................................ 14Affirmative Legislative Program ..................... 20Transitions ....................................................... 22Kudos ............................................................... 22

Disaster recovery plan for your computer – Balk .................................. 23Recusal standards reveal divisions on bias and bench – Weresh ........................ 24Admission on motion ....................................... 25Notarios and the unauthorized practice of law – Benzoni & Chesser ...................... 26Classified ads .................................................. 27YLD President’s letter: I am Elvera Knutson’s granddaughter – Goosmann ...................... 29

Around the BarI.O.W.A. seeks nominations for Mansfield, Rush awards ...................................10Drake to hold symposium on same-sex marriage ...........................................11New ISBA video good for civic group presentations .................................11

Published at 625 east CourtDes Moines, Iowa 50309Steve Boeckman, editor

515-697-7869

THE IOWA STATE BAR ASSOCIATIONOFFICERS 2009-2010President, Jane V. LorentzenPresident-Elect, Frank CarrollVice President, Robert VP Waterman, Jr.Immediate Past President, Dan MooreExecutive Director, Dwight DinklaThe Iowa Lawyer (ISSN 1052-5327) is published monthly 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.

Postmaster: Send address changes to the Iowa Lawyer, 625 east Court, Des Moines, Ia 50309.

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Volume 70 Number 4 April 2010

THE

OffIcErS:Jane V. Lorentzen, President Des Moines 515-244-0111Frank Carroll, President- Elect Des Moines 515-288-2500Robert VP Waterman, Jr., Vice President Davenport, 563-324-3246Dwight Dinkla, Secretary Des Moines 515-697-7867Dan Moore, Immediate Past President Sioux City 712-252-0020

DISTrIcT 1AStephen Belay Decorah 563-382-2959Brendan Quann Dubuque 563-557-8400

DISTrIcT 1bDavid Roth Waterloo 319-233-6163Beth Hansen Cedar Falls 319-232-6555

DISTrIcT 2AScott Brown Mason City 641-423-6223Karl Nelson Shell Rock 319-885-4346

DISTrIcT 2bThomas Cahill Nevada 515-382-6571Tito Trevino Fort Dodge 515-955-2266Lynn Wiese Iowa Falls 641-648-4261

DISTrIcT 3AJoseph Feller Sibley 712-754-4654William Klinker Primghar 712-957-5465

DISTrIcT 3bCynthia Moser Sioux City 712-255-8838Patrick Murphy LeMars 712-546-8844

DISTrIcT 4Dean Jennings Council Bluffs 712-256-1400Margaret Johnson Thurman 712-374-2751

DISTrIcT 5AJohn Powell Perry 515-465-4641

DISTrIcT 5bArnold (Skip) Kenyon Creston 641-782-7007

DISTrIcT 5cScott Brennan West Des Moines 515-246-7977Guy Cook Des Moines 515-245-4300Susan Ekstrom Des Moines 515-243-6395Emily Gould Chafa Des Moines 515-243-2980 X1642Mark Godwin Des Moines 515-283-4130Mark Hansing Des Moines 515-288-3667Alice Helle Des Moines 515-242-2400Edward Johnson Des Moines 515-246-5835Lora McCollom Clive 515-327-1222Eric Turner West Des Moines 515-245-9509Lu Ann White Des Moines 515-244-0177

DISTrIcT 6Nancy Burk Toledo 641-484-2394Dean Einck Cedar Rapids 319-365-9461Robert Hatala Cedar Rapids 319-364-0171Randall Rings Cedar Rapids 319-573-7627Leon Spies Iowa City 319-337-4193

DISTrIcT 7Alan Bohanan Iowa City 319-351-5335Jerry Van Scoy Clinton 563-242-2827Michael P. Byrne Davenport 563-333-6627

DISTrIcT 8ARichard Gaumer Ottumwa 641-682-7579Allan Orsborn Ottumwa 641-682-5447

DISTrIcT 8bArtemio (Mio) Santiago Fort Madison 319-372-7774

IOwA JUDgES ASSOcIATION rEprESENTATIvE:Honorable Odell McGhee, IIImmediate Past President I.J.A.

LEgISLATIvE cOUNSEL:James Carney Des Moines 515-282-6803

AbA DELEgATES:David L. Brown Des Moines 515-244-2141Alan Olson Des Moines 515-271-9100Diane Kutzko Cedar Rapids 319-365-9461

YLD OffIcErS:Jeana Goosmann, President Sioux City 712-226-4000Eric Bidwell, President-Elect Marshalltown 641-752-7757 Jennifer Zahradnik, Secretary Belle Plaine 319-444-3285 Matthew McDermott, Immediate Past President Des Moines 515-283-4643

Iowa State bar Association board of governors

the Iowa Lawyer April 20104

Attacks on merit selection of Iowa judgesIn light of the unanimous Iowa Supreme

Court decision in Varnum v. Brien, 763 N.W.2d 862, (Iowa 2009), holding a state statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of the Iowa Constitution, special interest groups and some legislators have called for judicial elections in the state of Iowa.

To move from our current system of merit selection to judicial elections is a step back in time. Our current method of commission-based appointments, followed by retention elections, works well, because our judges are accountable to the constitu-tion and the law, not to politicians and special interest groups.

John Grisham’s realistic novel, The Appeal, about a chemical company trying to influence an appeal by spending millions of dollars on recruitment and election of a “favorable” Mississippi supreme court jus-tice, leads one to realize election of judges makes ripe for a corrupt judicial branch.

Think it’s fiction? ABC reported on March 17 on a soon-to-be released study revealing a staggering increase in the amounts of money flowing into state judicial elections in recent years. The study, conducted by the Brennan Center for Justice at NYU School of Law and Justice at Stake, shows that within the past decade candidates for state judgeships raised more than $206 million — more than double what was raised in the 1990s.

Iowa lawyers must educate the public about our system of merit selection and why it works to ensure a fair and impartial judiciary.

Iowa’s history of merit selectionVoters in the state of Missouri approved

a nonpartisan selection of judges in 1940. In 1962, Iowa became the fourth state in the nation to establish a merit plan for selection of judges. Today, 20 states have adopted some form of merit selection for all or some of their judges.

“what the people need and want at the end of the day is a fair and impartial judiciary, one that’s qualified, fair and impartial. It is difficult to achieve that by using popular campaign funded elections”

Justice Sandra Day o’Connor

Iowa’s modified Missouri Plan for merit selection

Section 16 of the Iowa State Constitution provides for an Iowa State Judicial Nomi-nating Commission, composed of not less than three, nor more than eight, members appointed by the governor and confirmed by the senate, and an equal number of lawyer members elected by the members of the ISBA. The Commission is responsible for nominating supreme court justices and filling vacancies on the state’s court of appeals. The justice of the supreme court who is senior in length of service on said court, other than the chief justice, shall also be a member of such commission and shall be its chairperson. Justice Mark Cady currently serves in that role.

The goal of a commission-based selection in Iowa is to promote professional qualifica-tions and remove judicial selection from partisan politics. Applicants complete a lengthy, detailed application and undergo interviews with commission members. The commission selects three nominees to

submit to the governor, who then appoints one from the slate of nomi-nees. One year after appointment, and again at the end of their terms of office, judges and justices stand for retention in office at the general elec-tion. Citizens have the opportunity to vote whether or not a judge is retained.

Judicial plebiscite “evaluations”Every two years, Iowa voters are asked to

vote on whether justices on the supreme court, judges on the court of appeals, and judges in the district, district associate and associate juvenile courts should be retained in office. The retention question always ap-pears in even-numbered years and as such, will be on the ballot Nov. 2010.

The Iowa State Bar Association conducts a statewide plebiscite before the election and makes the results available so the public knows how its member attorneys who practice before the judges listed on the ballot feel about those judges. The plebiscite represents our efforts to provide the public with information based on the first-hand observations of our members. It’s our service to the people and their gov-ernment. Please take seriously and respond to the plebiscite evaluation provided to you late this summer.

In the endIowa courts are a vital part of our democ-

racy and Iowa lawyers must work to stave off attacks to weaken our system of selection of judges. To protect access to justice for all and our rights under the Iowa Constitu-tion, we have a responsibility to defend fair and impartial courts. We also need to reject political and special interest group interference in our judiciary, which the late Chief Justice William Rhenquist called the “crown jewel” of our democracy

As we look to this November, please join lawyers across our state in educating the public on our very fair system of merit selection.

Jane V. Lorentzen

The President’s Letter – Jane Lorentzen

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Foundation board approves two grants, discusses investment firms at March quarterly meeting

The Iowa State Bar Foundation Board of Directors reviewed two grant requests, heard a report on the “I Give Back” promotion campaign, discussed investment firms and approved the nomination of two current board members whose terms expire in June for re-appointment at its March quarterly board meeting.

Approved — with stipulations — for $12,500 was a grant request from the “We the People: The Citizen and the Consti-tution” program to send 17 students to Washington, D.C. for the national competi-tion later this month. The students, all from Iowa City West High School, won the state tournament earlier this year.

Funded partially by the United States Department of Education under the Education for Democracy Act approved by Congress, the We the People curriculum offers schools in every Iowa congressional district a free set of texts on teaching the United States Constitution, and provides professional development workshops for teachers of U.S. Government and His-tory. Approximately 24,000 students used the materials in Iowa’s five congressional districts this year.

The program includes an option for each teacher to develop a team that can compete in a contest simulating a congres-sional hearing on six constitutional topics. The teams compete within each congres-sional district for the honor of representing their districts in the state finals. The team winning the state championship represents Iowa in Washington, D.C. at the national competition. Some of team’s costs for travel are covered, but students are expected to raise money for the remainder of the costs, estimated this year to be approximately $1,000 per student.

Foundation board members specified that as a condition for receiving the grant, We the People program officials recognize the Foundation in an appropriate manner, and that officials be encouraged to work with the Know Your Constitution program sponsored by the Young Lawyers Division through the ISBA’s Center for Law and Civic Education.

Declined was a request from the city of Asbury to establish a police K-9 program. According to the application, the K-9 program would enhance law enforcement technologies by broadening department resources to perform narcotic sniffs, search for missing persons or property, apprehend suspects in a safer and less forceful manner, present public demonstrations, and visit schools, nursing homes and hospitals — among other activities.

The board concluded that, while no doubt a worthwhile project, the K-9 program did not fit the Foundation’s grant-making criteria.

Promotional campaignDirector Bill Scherle updated his fellow

board members on the status of the founda-tion’s “Hands On” promotional campaign. The goal is to raise awareness among the general membership of what the Founda-tion is and does, he told the board. The campaign was kicked off in December with an article and photo in the Iowa Lawyer magazine. Articles and photos have been published in each issue of the magazine since December.

The Hands On promotional campaign is a precursor to a full capital campaign, should the board decide to conduct such a campaign later this year, Scherle said.

Investment advisorsDirectors Paul Tyler and

Bob Waterman presented reports on two investment firms they researched as part of the board’s desire to periodically review its investment advisors. The two firms investigated each have different investment philosophies, and both have philosophies differ-ent from the Foundation’s current investment advisor, Tyler and Waterman told their fellow directors.

After some discussion about the best way to

proceed, board members decided to invite a representative from each investment firm, including the one currently han-dling the Foundation account, to make a presentation at the June meeting with time allowed for questions. The board will then discuss the various options and decide which firm to use.

One of the topics of discussion involved the Foundation’s investment policy. Board President, Judge John Lloyd, suggested that the current policy be circulated among the directors via e-mail prior to the June meeting, and that the policy, once approved, be forwarded to each potential investment firm so each could address the policy in its presentation.

Board membershipThe terms for directors Cynthia Moser

and Tyler will expire in June. Both are eli-gible for re-appointment by the ISBA Board of Governors. Both agreed they would seek re-appointment. Their names will be forwarded to the BOG.

Bar Foundation directors listen as Lois Crowley (back to camera) answers questions about the “We the People” program. Program officials submitted a grant request to the Foundation to help send 17 students from the state championship team to Washington, D.C. to compete in the national competi-tion. The directors approved a grant of $12,500 for the program.

The Iowa State Bar Association Board of Governors hosted the second annual “break-fast at the bar” on March 11, the morning following the first half of the spring Board of Governors meeting.

The event provided the opportunity for members of the Board of Governors to meet and “lobby” their local legislators.

All 150 members of the legislature were invited to attend the event. Approximately 85 actually attended.

Over breakfast sandwiches, pastries, fruit, coffee and juice, board members had the opportunity to learn about what was hap-pening at the Capitol and to discuss with their legislators the status of the judicial branch budget and the status of the ISBA Affirmative Legislative Program.

The event was well-received by legislators with many kudos following the event. Legislators were very impressed with the ISBA headquarters office.

“Breakfast at the bar” was not only a great way to start the day, but a great opportunity for the Board of Governors to assist in the legislative efforts of the ISBA.


Legislators start their day with ‘breakfast at the bar’By James Carney, ISBA Legislative Counsel

Scenes from the breakfast with legislators last month included: (clockwise from top left) Governor Cynthia Moser laughing during a visit with a representative from Sioux City (not shown); Governor Leon Spies engaging in a serious conversation with Representative Larry Marek from Riverside; Immediate Past President Dan Moore chatting with Senator Herman Quirmbach from Ames; three retiring legislators from Sioux City — Senator Steve Warnstadt, Representative Wesley Whitead and Senator Ron Wieck — posing for a formal photo; Governors Scott Brennan and Susan Ekstrom laughing with Representa-tive Ako Abdul-Samad from Des Moines; President Jane Lorentzen (left) and Scope and Correlations Chair Phil Garland exchanging stories with Representative Linda Upmeyer from Garner; Governor Bob Hatala visiting with Senator Gene Fraise from Fort Madison; and President-elect Frank Carroll (left) and Governor Skip Kenyon visit-ing with Representative Erik Helland from Grimes.

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BOG quarterly meeting –Governors nominate officers, approve 2010-2011 budget, establish Construction Section

The Iowa State Bar Association Board of Governors approved a number of wide-ranging motions, nominated individuals for president-elect, vice president and ABA del-egate and heard reports from several groups at its quarterly meeting March 10-11.

Governors also hosted an early-morning breakfast for legislators.

actionsApproved without dissent were the

following motions:• Re-appointmentofAlanOlson,Tim

Semelroth and Deborah Tharnish to Iowa Legal Aid’s Board of Directors, with their new terms to start May 1.

• Fundingofupto$10,000fortheISBA’s2010 State Fair Booth. The YLD Execu-tive Council approved a resolution at its January meeting to have one young lawyer present at each of the shifts during the fair. “Young lawyers are extremely inter-ested in the public image of the bar and in public relations,” YLD President Jeana Goosmann told the governors.

• Establishmentofanadhoccommitteetopromote independence of the judiciary and retention of judges in next Novem-ber’s general election.

Scott Brennan, governor from district 5C, will co-chair the committee with another co-chair to be named in the near future. As currently envisioned, the committee will draw members from various organizations, will be separate from the ISBA although the ISBA will

be a part of it, and will most likely have a prominent Iowan as the primary spokesperson.• NominationofBob

Waterman as president-elect, Cynthia Moser as vice president and Alan Olson as ABA delegate. Waterman, Dav-enport, currently serves as vice president. Moser, Sioux City, currently serves as chair of the Ways and Means Committee. Olson, Des Moines, currently serves as an ABA delegate and chair of the CLE Committee. The general membership will vote on the candidates prior to the ISBA annual meeting in June.

• RecommendationtoreplaceChapter11of the Iowa Rules of Court with the ABA/AAA/ACR Model Standards of Conduct for Mediators (2005) and convene a task force to create a dispute resolution program for family law cases in district courts. The motion also specified that ISBA President Jane Lorentzen sign the recommendation and forward it to the supreme court.

Replacement of Chapter 11, which became effective in February 1987, is necessary because several provisions in the chapter impose standards of care on lawyer mediators that they generally are not in a position to meet, accord-ing to a study group formed in 2008 to review the issue. The group recommended adopting the 2005 model standards rather than amend-ing Chapter 11 because they have been ap-

proved by the ABA Board of Delegates, as well as by the governing bodies of the American Arbitration Association and the Association for Conflict Resolution, are the product of sig-nificant research and consensus building, and have received widespread national acceptance.• AFiscalYear2010-2011budget,which

goes into effect on July 1. The new budget projects a three percent reduction in overall revenue and a comparable three percent reduction in expenses compared with the current fiscal year.

• EstablishmentofaConstructionLawSec-tion. (Read more about this on the next page)

reportsIn addition to the actions taken during

the meeting, governors heard several reports from organizations within and outside of the association. ISBA Legislative Counsel Jim Carney gave the board of governors a status re-port on legislative activities taking place at the statehouse. University of Iowa College of Law Dean Carolyn Jones highlighted four activities going on at the law school in what was her last address to the BOG as dean. In addition, Iowa Supreme Court Chief Justice Marsha Ternus updated the governors on a number of issues regarding in the judicial branch.

ISBA Legislative Counsel Jim Carney gestures while giving his legislative report to the board of governors during its quarterly meeting March 10. President Jane Lorentzen listens intently.


Judicial BranchThe EDMS (Electronic Data Management

System) is now operational in Plymouth County and, as of the first of March, 25 at-torneys were using the system, Chief Justice Ternus told the governors. Feedback has been positive, although testing and refinements will continue for a few months.

The court is seeking authority to extend the time it can hold open a judicial vacancy for budgetary reasons from 180 days to 360 days. The chief explained the reasons for the request: There are presently 12 judicial positions vacant — 11 in district courts and one at the court of appeals. These vacancies save $1.6 million in the budget. Without these vacancies, the court would have had to lay off 28 more staff people. The change would enable the judicial branch to maintain the same amount of savings while filling judicial vacancies in districts that have a critical need for judges sooner.

The court raised the late settlement fee from $500 to $1,000. The new amount reflects the approximate cost of calling a panel of 30 people. The court also amended the late settlement rule to prohibit judges from grant-ing continuances as a way to avoid imposition of the fee. Both changes are intended to curb late settlements.

The court has made no decisions regarding DART (Digital Audio Recording Technology) except to continue studying this technology and its potential use. Earlier this year a Judi-cial Council study committee determined that DART , if properly installed and operated, can make an accurate and reliable record of a court proceeding.

Chief Justice Ternus mentioned the pro-posed code of judicial conduct, which is pend-ing before the court. The proposed code is based upon the 2007 ABA Model Code.

David L. Brown, chair of the ISBA Judi-cial Administration Committee, joined the chief justice. He addressed misunderstand-ings about the proposed code and judicial campaigns for retention. He explained that the proposed code does not authorize judicial campaigns for the first time ever. Iowa law already allows a judge to campaign and to establish a campaign committee to raise funds. Unlike the current code, the proposed code does not require the existence of “active opposition” as a prerequisite for campaign ac-tivity and it sets forth rules that govern certain campaign activities.

Brown added that recent U.S. Supreme Court cases support the notion that judges who are standing for retention have a First Amendment right to campaign.

LegislativeISBA Legislative Counsel Jim Carney

reviewed the status of bills on the association’s Affirmative Legislative Agenda. Most are faring well, he said. However, several are facing challenges.

One example is the Family Mediation bill, which would mandate mediation for family law matters when a minor child is involved. It did not pass out of committee because the court informed the committee members the bill would cost money that is not available with the state’s current budget situation.

For more information on the ISBA’s affirmative agenda, see pages 20-21. Ad-ditionally, a thorough legislative update with analysis of some of the more important enacted legislation is scheduled for the upcoming Bridge the Gap seminar May 6-7.

U of I College of LawDean Carolyn Jones thanked the gover-

nors for the warm reception she has received over the years and told them this would be her last report as dean. Gail Agrawal, interim dean at the University of North Carolina School of Law and former dean at the University of Kansas School of Law, will assume the dean’s position at Iowa June 30.

The U of I College of Law has set up its new clinical suite, she told the governors. There will be an open house on April 23 to celebrate.

“We’ve had a nice run with admissions,” she added. Applications are up 33 percent, due in part to the economy and more aggressive recruiting. The college is paying alumni who have been laid off at their firms to “hit the road” to recruit students.

Graduates in 2010 are facing more chal-lenges in finding employment compared with last year’s class, she said. The class of 2009 had an employment rate of 97 percent.

task Force for the enhanced Delivery of Justice throughout the State of Iowa

Task Force consultant Bob Rafferty told the governors that in the first two weeks of the legislative session, the environment was “toxic for the courts.” The Varnum decision, a per-ception that the court would shut down rural courthouses and the court reporter issue all contributed to that environment, he said.

The environment has changed signifi-

cantly since then, due in part to the mediator role the ISBA has played through the task force. Lawmakers have embraced the task force’s point of view about attorneys endors-ing reforms in the court system.

Phase II of the task force’s three years of work has begun, he said. Committees have been meeting to develop additional propos-als to build upon those in the first year of the committee’s work.

ISBA governors approve new Construction Law Section

The Iowa State Bar Association Board of Governors approved a new Construction Law Section at its quarterly board meeting last month.

The new section was proposed by the Scope and Correla-tions Committee based on several requests from members.

Scope and Correlations Committee Chair Phil Garland told the governors that approximately 60 ISBA members be-long to the ABA Forum on Construction. He is optimistic that at least those 60 members will pay the $15 to join the section.

As envisioned currently, the Construction Law Section will offer members who represent individuals and compa-nies in the construction industry with their own listserv to exchange information. It also would formalize this area of the law within the ISBA, and lead to possible CLE seminars and other activities for the benefit of the section members and the general membership.

Members will see the Construction Law Section listed as one of the sections they can join on the dues renewal forms that will be sent out next month.

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The ISBA recently lost two indi-viduals dedicated to the legal profes-sion. Francis Cudahy, a past-president of the ISBA, died on Feb 6 at the age of 100. Hon. Dick Schlegel, district and court of appeals judge, founding member of the ISBA Lawyers Helping Lawyers Committee and ISBA Award of Merit winner, died on March 1 at the age of 87.

The Iowa State Bar Foundation has received in excess of $2,000 from ISBA past presidents in recognition of Cudahy’s service. Likewise, memo-rial contributions continue to come in from Judge Schlegel’s friends and those who were personally touched by his decades of helping lawyers with addiction problems.

At the ages of 100 and 87, respec-tively, Cudahy and Judge Schlegel saw and participated in important changes in both the practice of law and the bar association. From their vantage points, both became involved with the bar and zealously applied their energies to make both the prac-tice of law and the bar better.

Cudahy was a member of the Judicial Reform Commission which

spearheaded the adoption of the Missouri Plan of judicial selection in 1962. Even today, his efforts continue to serve the public and bar well. He also contributed to the long-term provision of quality legal services to the public as a member and chair of the Board of Law Examiners.

Judge Schlegel’s fighter pilot back ground showed through in everything he did. As a lawyer, district court, court of appeals and senior judge, he unselfishly served as a model for those he helped and those who came before him. Lending his personal experiences to the founding of the Lawyers Helping Lawyers Committee will likely be his lasting legacy. The number of lives and careers he saved are known only to those he helped.

In the end, while Francis Cudahy and Judge Schlegel were exceptional, they are not unique. Each of us knows and admires attorneys who have also contributed unselfishly to the public and practice of law. A contribution to the Iowa State Bar Foundation is still the best way to recognize those who give so much of themselves for, and on behalf of, their profession.

A salute to two giants of the profession

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

The Iowa Organization of Women Attorneys is soliciting nominations for its annual Arabella Mansfield and Gertrude Rush awards. Deadline for nominations is May 14.

The I.O.W.A. established the Arabella Mansfield Award in 2002 to recognize outstanding women lawyers in Iowa who have promoted and nurtured women in the legal profession. Mansfield, also commonly known as Belle Babb Mansfield, was the first woman lawyer admitted to the practice of law in the United States. She studied law in her brother’s law office for two years and was admitted to the Iowa Bar in 1869. She was admitted despite the fact that Iowa law required an applicant for bar admission be white, male, and over the age of 21.

The Gertrude Rush award was started in 2003 as a co-sponsored event by the I.O.W.A. and the Iowa National Bar Association to recognize a lawyer who manifests the pioneering spirit of Gertrude Rush, demonstrates leader-ship in the community and in the legal profession, and demonstrates concern for human and civil rights. Rush was the first African-American woman to be admitted to the practice of law in Iowa, in 1918. She was the first and only African-American woman practicing law in Iowa until 1953 when Willie Stevenson Glanton was admitted to practice law in the state. Gertrude Rush became one of the founders of the National Bar Association after she and four other black lawyers were denied membership in the American Bar Association in 1924.

Nomination forms, as well as information about the nomination process and where to send the completed forms, are available at: www.iowawomenattorneys.org. The awards will be presented at the I.O.W.A.’s 25th Anniversary dinner on June 17.

ARO

UN

D THE BAR


New ISBA video provides material for presentations to civic groups

A new video created by the ISBA entitled “Iowans and Their Courts” might be just the ticket for presentations to civic groups.

The 7 1/2-minute video uses testimonials to explain how daily court decisions directly and significantly affect the lives of thousands of Iowans.

“Iowans and Their Courts” is narrated by ISBA President Jane Lorentzen. It includes testimonials from Grimes businessman Gene Elliot, Iowa Attorney General Thomas Miller, Iowa Legal Aid Executive Director Dennis Groenenboom, Second District Chief Juvenile Court Officer Tom Southard, and adoptive parent Regina Johnson.

Jane opens the video by acknowledging that most Iowans have little or no contact with the court system. She then explains how courts handle thousands of mostly small cases that “involve everyday problems and affect ordinary Iowans.” The testimonials from the individuals featured in the video illustrate how the court helped solve those problems in several areas of the law.

Produced by ISBA Communications Director Steve Boeckman and filmed and edited by ISBA Graphic Designer Chris Fritz, the video is available free on DVD for anyone who requests it. Contact the ISBA office at 515-243-3179, or 800-457-3729; E-mail: [email protected] to obtain a copy.

It can also be viewed on the ISBA website. Simply go to the home page (www.iowabar.org) and click on the arrow below the picture of Jane.

Drake to hold symposium on same-sex marriage

The Drake University Constitutional Law Center will hold a symposium on same-sex marriage April 10.

Entitled “The Same-Sex Marriage Divide,” the 4 ½-hour symposium will feature six out-of-state presenters from various disciplines. The presenters include:

• DouglasAllen,BurnabyMountainprofessorofeconomicsatSimon Fraser University

• LeeBadgett,professorofEconomicsanddirectorofthe Center for Public Policy and Administration at the University of Massachusetts Amherst

• MaggieGallagher,presidentoftheInstituteforMarriageandPublic Policy

• AndrewKoppelman,theJohnPaulStevensprofessoroflaw at Northwestern Law School

• MarkP.Strasser,theTrusteesprofessoroflaw at Capital University Law School

• LynnD.Wardle,theBruceC.HafenprofessoroflawatJ.Reuben Clark Law School at Brigham Young University

The symposium is the second of two events hosted by the Constitutional Law Center in support of its agenda to promote awareness of constitutional law throughout American culture. Last month, the center hosted a lecture entitled “Same-Sex Marriage, Labels and Social Meaning”

Cost for the symposium, which runs from 8:30 a.m. to 1 p.m. in Room213ofCartwrightHall,is$10.Formoreinformation,contactthe Drake Law School at 515-271-2988.

To learn more - contact:Major Matt Dial

Iowa Army National GuardJudge Advocate Officer Strength Manager

IOWA ARMY NATIONAL GUARDJUDGE ADVOCATE GENERAL CORPS

National Guard ad.indd 1 3/22/10 7:44:36 PM

ARO

UN

D THE BAR

In Memoriamwilliam o. Lewis, 88, of Harlan died

Feb. 6. He was a 50-year member of the ISBA,

having been admitted to the bar in 1948.He is survived by his wife, Jacquelyn;

three children Rebecca, Jeffrey, and Con-stance; eight grandchildren; three great-grandchildren; and his sister LuAnn.

Francis L. Cudahy, 100, of Jefferson died Feb. 6.

He graduated from Creighton University School of Law in 1935. He then practiced in Jefferson for 50 years, retiring in 1985.

He served in the Jefferson city government for 25 years, as a council member, mayor and city attorney.

Francis was a member of the Greene County Bar Association, and was active in the ISBA, serving on the Board of Governors and as President. He was chair of the Board of Law Examiners for four years. He was elected a Fellow of the American College of Probate Counsel, and an officer of the regional Catholic Lawyers Guild.

He was also acting counsel to several bishops and priests of the Sioux City

Diocese, and was named a Knight of St. Gregory by Pope John Paul XXIII, a papal honor for outstanding contributions to his church and community.

Francis is survived by three children, Kathleen, Mary, and Terence; six grand-children, and three great-grandchildren.

robert L. Day, Jr., 60, of Dickeyville, Wis., died Feb. 25 at the University of Iowa Hospitals.

A principal in the Day & Hellmer, PC law firm in Dubuque, Robert graduated from Dubuque Senior High School in 1967, Macalester College in 1971 and

the University of Iowa College of Law in 1974. He was active in numerous community and legal organizations including the Dubuque Food Pantry, the ISBA and the Dubuque County Bar Association. He also was a former mem-ber of the Dubuque-Delaware Counties Against Domestic Violence, NAACP and the Optimists club.

A memorial resolution from the Dubuque County Bar Association described Robert’s skill as a lawyer this way: “In his thirty years of practicing law, Bob established himself as a skilled trial lawyer, whose understanding of the law, grasp of the English language, and ability to think on his feet was unmatched. However, despite his intellectual and trial abilities, Bob was guided first and foremost by common sense and reason. He was a problem solver first and a litigator second, but never shied from the courtroom if necessary. Bob was a zealous advocate, but also possessed a special gift in his ability to counsel difficult clients, especially in the emotionally charged area of family law.”

Robert is survived by his wife, Bar-bara; two sons Garth and Christopher; mother, Marjorie Day; sister, Nancy Blasberg; brother, Thomas; and former foster son, Dan McDermott.

John L. Kuehnle, Sr., 80, of Mechanics-ville, died Feb. 28.

He graduated from the University of Iowa College of Law in 1953. After his discharge from the Army, he practiced in Mechanicsville for 53 years.

John was a member of the Cedar County Bar Association and ISBA. He was active in his community as a mem-ber of the Lions Club, Mechanicsville Commercial Club, St. Mary’s Catholic Church and the Knights of Columbus. He was named a Melvin Jones Fellow by


the Lions for his dedication to humanitar-ian service. He served on the ISBA Board of Governors in the 1980s.

He enjoyed sports and was an avid Hawkeye fan, attending events for more than 50 years. He was also involved in theater through his children, and was honored as a National Thespian in high school.

John is survived by his wife, Donna; five children, John, Mark, Anne, Sara and Jane; ten grandchildren; two sisters; and 19 nieces and nephews.

Dick r. Schlegel, 87, of Ottumwa, died March 1.

After serving as a fighter pilot in the Army during WWII, Judge Schlegel graduated from the University of Iowa College of Law in 1950. He later attended the University of Virginia and received a Master of Law degree in 1992.

Judge Schlegel served as an Iowa District Court judge from 1978 to 1982. He was appointed to the Iowa Court of Appeals in 1982, where he served until 1994. He served as a senior judge for both the Iowa Court of Appeals and the Iowa District Court from 1994 to 2000.

He continued his interest in flying throughout his life, owning his own

airplane for nearly 40 years. While serving as a judge, he used his plane to travel from court to court and enjoyed being known as “The Flying Judge.”

He served as a founding member and for many years as chair of the Lawyers Helping Lawyers Committee of the ISBA from its inception in 1976. During his time as a member of the ISBA, he received the ISBA’s Award of Merit in 1994 and the President’s Award in 2009.

Judge Schlegel was also very involved in his community, serving on the boards of directors for the Ottumwa School Board, where he was president from 1963-66; the Indian Hills Community College; the Iowa Association of School Boards, where he was president from 1965-66; and the Ottumwa Symphony Orchestra, where he was president for many years.

He was a French horn player in the Ottumwa Symphony Orchestra from its organization in 1987 until 2008, a member of the Southeast Iowa Symphony Orchestra from 1985-99, and a member of the Ottumwa Municipal Band.

Judge Schlegel is survived by his wife of more than 64 years, Maxine; children Richard, Robert and Mary; seven grand-children, and two great-grandchildren.


Rememberingtheir legacyOne of the best ways to

remember a deceased lawyeris through a memorial gift tothe profession to which he or

she devoted an entire life.Surviving family memberscan point with pride to the

accomplishments memorializedin a tangible form.

The Iowa State Bar Foundationis a fitting place for

contributions made in thehonor of a deceased member.

There the gift will be usedto support the Foundation’s

charitable purposes forthe advancement of the

law and justice.

To memorialize a respectedcolleague, 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 theFoundation will contactthe family, acknowledgethe gift, and a permanent

record will be made.

For more information, contactThe Iowa State Bar Foundation

at the address above, or viaphone at 515-697-7870, or e-mail

at [email protected].

OMAHA BAR ASSOCIATION ‑ CREIGHTON LAW SCHOOLFOURTH ANNUAL SEMINAR ON ETHICS

AND PROFESSIONALISMFriday, April 23, 2010, 2:00 p.m. to 5:00 p.m.

Gross Appellate Courtroom (Room 124)Creighton University School of Law,

2133 California, Omaha, Nebraska 68178ETHICAL CONSIDERATIONS IN THE USE OF MODERN MEDIA

Professor Stephen C. Sieberson, Creighton Law School

WHAT NEBRASKA LAWYERS PRACTICING IN IOWA NEED TO KNOWN. Tre Critelli, Chair, Iowa Supreme Court’s Attorney Disciplinary Board,

and member of the Bar of England and Wales

UPDATE ON RECENT ETHICS DECISIONS IN IOWA AND NEBRASKAJ. Scott Paul, Esq., McGrath North

Nebraska and Iowa CLE ethics credits have been approved

For questions contact Cherie Sempek at 402-280-3607 or e-mail [email protected].

COMPLETE NOTICE ON OBA WEBSITE MESSAGE CENTER – omahabarassociation.com

IOWA LAWYER April 2010THE

Juvenile Law SeminarFriday, April 30, 2010

The ISBA Headquarters • 625 East Court Avenue, Des Moines

8:00 - 8:30 Registration8:30 - 9:00 Update from the Judiciary Speaker: Chief Justice Marsha Ternus9:00 - 10:00 Case Law Update Speaker: Jerry Foxhoven10:00 - 10:15 Break10:15 - 11:00 State Public Defender Update Speaker: Tomas Rodriquez11:00 - 12:00 DHS Update Speaker: Wendy Rickman12:00 - 12:30 Lunch12:30 - 1:30 Accessing Mental Health Treatment for Traumatized Children Speaker: Rebecca Robinett 1:30 - 2:30 Private Termination of Parental Rights - Can it Work? Panel: Ellen Ramsey-Kacena, David Kozlowski, Julie Schumacher, and Mark Olberding2:30 - 2:45 Break2:45 - 3:45 Delinquency Hot Tips Speaker: Jennifer Slocum3:45 - 4:30 Legislative Update Speaker: Diane Dornburg

Registration Form: Juvenile Law Seminar

Name : ___________________________________________ Member # ______________ Phone # ________________________________

Address: ____________________________________________________ City, State, Zip: _________________________________________

E-mail: ______________________________________________

Advance Registration: ISBA Members ______ $160 Juvenile/Family Law Section Members ______ $150 Non-ISBA Members ______ $235 Judges ______ $50

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 call: (515) 697-7874 or fax (515) 243-2511Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notifica-tion is received by the Bar Office by March 26, 2010. 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 April 30, 2010).

CLE Insert April 2010.indd 1 3/29/2010 4:32:13 PM


8:00-8:45 Legislative Update - Speaker: Sen. Rob Hogg8:45-9:45 Ethics (1.0 Ethics) - Speaker: Tre Critelli9:45-10:00 Break 10:00-11:00 Bankruptcy (1.0 Federal) - Speaker: Robert Gainer11:00-11:30 Septic Tank Issues - Speaker: Daniel Olson, DNR; and Jon Tack11:30-12:00 Mental Health Records - Speaker: David Cox12:00-1:00 Lunch1:00-2:00 Federal Case Law Update (1.0 Federal) - Speaker: TBA2:00-2:45 Personal Injury Discovery - Speaker: Jim Weston2:45-3:00 Break3:00-4:00 State/Federal Criminal Crossover (1.0 Federal) - Speaker: Angela Campbell4:00-4:45 Trial Preparation - Speaker: Tim Semelroth4:45-5:15 Conservatorship/Guardianship - Speaker: Mary Kate Pilcher Hayek

Bridge the Gap SeminarThursday, May 6

&Friday, May 7, 2010

Downtown MarriottDes Moines

Downtown Marriott • 700 Grand Ave. • Des Moines 50309 For hotel reservations please call the Downtown Marriott at

515-245-5500 or 800-514-4681 CLE Credit: 15 State, 2 Ethics and 6.75 Federal

Thursday, May 6, 2010 - Day 1 at The Office

8:00-9:00 Americans with Disabilities Act (1.0 Federal) - Speaker: Jill Zwagerman9:00-9:45 Cross-Examination - Speaker: Mark E. Weinhardt9:45-10:00 Break 10:00-11:00 1983 (1.0 Federal) - Speaker: David O’Brien11:00-12:00 Taxpayer Relief Act (1.0 Federal) - Speaker: Prof. Roger McEowen12:00-1:00 Lunch1:00-2:00 State Case Law Update - Speaker: Hon. Colin Witt2:00-2:45 Real Estate in a Depressed Market - Speaker: Tim Gartin2:45-3:00 Break3:00-3:45 Farm Law (.75 Federal) - Speaker: Prof. Neil Hamilton3:45-4:45 Ethics Panel (1.0 Ethics) - Speakers: Justice Michael Streit, Connie Diekema, Steve Ballard & Sharon Soorholtz Greer

Registration form can be found on the following page.

Friday, May 7, 2010 - Day 2 at The Office



Name : ___________________________________________ Member # _____________ Phone # __________________________________

Address: ________________________________________________ City, State, Zip: ______________________________________________

E-mail: ______________________________________________Advance Registration: ISBA Members ______ $275 Members Admitted to Practice After 2005 ______ $235 Non-ISBA Members ______ $385 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


Cardholder Signature: __________________________________________________

Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511

Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by April 29, 2010. 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 5, 2010).

Registration Form: 2010 Bridge the Gap Seminar

SAVE THE DATE!!!

The 137th ISBA Annual Meeting Thursday, June 17 and Friday, June 18Downtown Des Moines Marriott700 Grand Avenue, Des Moines

The 137th Annual Meeting will be breaking new ground as this Annual Meeting will be a joint meeting with a new 2 day format. The Iowa Judge’s Association will be joining the ISBA for this year’s Annual Meeting which will take place at the Downtown Des Moines Marriott Hotel. Thursday’s tracks include a general session for all attendees in the morning with a Case Law, Probate and Judges’ track following in the afternoon. Friday’s morning track will include Family Law, Real Estate/Commercial & Bankruptcy and a Judges’ track followed by Ag Law, Litigation and Ethics tracks Friday afternoon. Besides the variety of tracks, the ISBA has also planned a variety of social events for both days. We look forward to seeing you there!

Look for a registration form in future issues of the Iowa Lawyer magazine, the Bar Report and online at www.iowabar.org.



Registration Form: Commercial & Bankruptcy Law Seminar

Name : ___________________________________________ Member # ______________ Phone # _________________________________

Address: ____________________________________________________ City, State, Zip: __________________________________________

E-mail: ______________________________________________

Advance Registration: ISBA Members ______ $160 Commercial & Bankruptcy Section Members ______ $150 Non-ISBA Members ______ $235



Cardholder Signature: __________________________________________________Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511

Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by May 14, 2010. 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 21, 2010).

Commercial & Bankruptcy Law SeminarFriday, May 21, 2010

The ISBA Headquarters • 625 East Court Avenue, Des MoinesCLE Credit: 7 State, 4 Federal, and 1 Ethics hour

8:00 - 8:30 am Registration8:30 - 9:30 Commercial & Bankruptcy Case Law Review (1.0 Federal) Speaker: Abbe M. Stensland, Simmons, Perrine, Moyer, Bergman9:30 - 10:30 Creditor Claims in Bankruptcy, A Changing World (1.0 Federal) Speaker: Michael E. Ridgway, Trial Attorney, Office of United States Trustee, Region 1210:30 - 10:45 Break10:45 - 11:45 Bankruptcy Ethics: Conflicts of Interest, Attorney-Client Privilege and File Closing Letters (1.0 Federal, 1.0 Ethics) Speaker: Thomas O. Ashby, Baird Holm, LLP11:45 - 1:00 Lunch1:00 - 2:00 Uniform Commercial Code Case Law Update Speaker: Steven C. Turner, Baird Holm, LLP2:00 - 3:00 Bankruptcy Law for Non-Bankruptcy Attorneys (1.0 Federal) Speaker: Jeana Goosmann and Lindsey Buchheit, Goosmann Law Firm, PLC3:00 - 3:15 Break3:15 - 4:15 Article 2A Finance Leases: The “Close Connection Doctrine” and Other Selected Issues Speaker: Randall D. Armentrout, Nyemaster Goode, P.C.4:15 - 5:15 Director and Officer Fiduciary Duties: Impact of Insolvency Speaker: Rod Kubat, Nyemaster Goode, P.C.



Wednesday, July 14, 2010 - “Come Together”

6:00 p.m. Welcoming Reception and Registration

Thursday, July 15, 2010 - “Let It Be”

8:00 - 8:30 a.m. Registration8:30 - 9:00 History of Iowa’s Procedure for Choosing and Retention of Judges Speakers: Hon. Van Zimmer, Hon. Robert Hanson and Hon. Jeffrey Neary9:00 - 10:15 Maintaining Judicial Independence Speaker: Robert Miller, Colorado Judicial Institute10:15 - 10:30 Break10:30 -11:15 Small Group Discussions on Judicial Independence11:15 -12:00 Report from Small Groups12:00 - 1:00 Box Lunch1:30 Social Activities (golf, paint workshop and etc.)7:30 Banquet - Hosted by Supreme Court & Chief Judges8:30 Program Emcee: Janece Valentine and Justice David Baker, Iowa Supreme Court

Friday, July 16, 2010 - “With a Little Help from My Friends”

8:30 - 10:00 a.m. Administering Justice for the Public Good Moderator: David Remley Panel: Hon. Bobbi Alpers, Bernard Spaeth Jr., Hon. Jane Spande, 8th District Court Administrator Deborah Dice and others TBA10:00 - 10:15 Break10:15 - 11:15 Small Group Discussions 11:15 - 11:30 Wrap up of the seminar and prize drawings

Lawyers, please use the registration form on the following page for the Bench Bar Conference. Judges will receive their registration form in the mail. You can also register online at www.iowabar.org.

Location:Riverside Casino and Golf Resort

3184 Highway 22Riverside, Iowa 52327

Phone:319-648-1234 or 877-677-3456

Website:riversidecasinoandresort.com

Bench Bar ConferenceJuly 14 - 16, 2010

Riverside, Iowa



April 19IAALJ 2010 Spring CLE

ISBA Headquarters

April 28Special Needs Trust

and MedicaidTelephone CLE

April 30Juvenile Law Seminar

ISBA Headquarters

April 30 - May 1Spring Tax Institute

Iowa Memorial UnionIowa City

SAVE THE DATE!June 17-18

Annual MeetingDowntown Marriott Hotel

Des MoinesA special joint meeting with

the Judges Association

July 9ISBA Two Person Best Shot

Harvester Golf ClubRhodes

May 6-7Bridge the Gap Seminar

Downtown Marriott HotelDes Moines

May 21Commercial & Bankruptcy

Law SeminarISBA Headquarters

June 4Criminal Law Seminar

ISBA Headquarters

June 9Workers’ Compensation

Telephone CLE

Registration Form: Bench Bar Conference

Name : ___________________________________________ Member # ______________ Phone # _________________________________

Address: ____________________________________________________ City, State, Zip: __________________________________________

E-mail: ______________________________________________

Advance Registration: ISBA Members admitted after July 1, 2005 ______ $175 ISBA Members admitted prior to July 1, 2005 ______ $225 Non-ISBA Members ______ $300 Registration fee includes: Wednesday evening social, Thursday morning continental breakfast, Thursday box lunch, Thursday dinner, and Friday morning continental breakfast. DOES NOT include hotel rooms.

Hotel Accommodation: You need to make your own reservations. Call Riverside Resort & Casino at 877-677-3456. Be sure to ask for the ISBA special rates. Sleeping rooms cost $79.95 for singles or doubles.



Cardholder Signature: __________________________________________________

Recreation and Other Activities (please check if interested in any of the following activities - this helps us greatly when planning):

____ Thursday Golf (team assignment & payment at conference)____ Thursday morning fun walk/run ____ Thursday paint workshop (fee will be charged)

Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511

Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by July 7, 2010. 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 July 14, 2010).

CLE Calendar



IOWA STATE BAR ASSOCIATION — 2010 Affirmative Legislative Program

Bill No.

hF 2477

SSB 3009

hF 726

hF 2483

hSB 272

Bill Subject

Mechanic’s Lien Law

Mineral rights

revised Uniform Unincorporated Nonprofit association act (rUUNaa).

Probate/trust Law

taxation

Bill StatusPassed the House, as amended, 90-8. Sent to the Senate.

Deferred by ISBA for further work.

Passed the House 98-0 in ‘09. Amended & passed by the Senate, 48-0. Returned to House for concurrence in Senate amendment.

Passed House, 97-0. Passed Senate, 47-0.

Assigned to House Ways & Means Committee.

Bill Description Revises Iowa Code Chapter 572, Mechanic’s Lien Law, to require contractors and material providers to give public notice of their rights in order to perfect a mechanic’s lien. Notice will be posted on a State Construction Registry. Also expands the right to recover attorney fees to any prevailing plaintiff and allows any prevailing defendant to recover attorney fees, not just those defending claims involving owner-occupied properties. Commercial construction is exempt from the central registry requirements.

Makes the provisions of Code Section 614.24 applicable to mineral rights in order that dormant mineral rights either be 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.

Promulgated by the National Conference of Commissioner on State Laws, RUUNAA governs all unincorporated nonprofit associations (“UNAs”) that are formed or operate in a state that adopts RUUNAA. UNAs are often classified as public benefit, mutual benefit or religious organizations, and may or may not be tax-exempt. Members may be individuals, corporations, other legal entities, or a mix. The proposal contains some modifications specific to Iowa law.

hSB 554 / SSB 3027

robbery 3rd Did not pass out of committee. Similar Criminal Code Reorg bill, SF 2250, passed the Senate 46-0.

Creates a new Aggravated Misdemeanor crime of 3rd-Degree Robbery in situations where the theft involved would be defined as Theft 5th, the assault involved would be simple assault, no injury occurs, and no weapon is involved. This creates a new charging alternative allowing middle ground between a felony and simple misdemeanor in situations where non-serious assault is coupled with a low-value theft.

Update amendments to Iowa Probate Code, Trust Code, Medical Assistance Trusts, Transfers to Minors Chapter, and Inheritance Tax Chapter.

hF 2233 Public Intoxication & PaULa expungement

Signed by the Governor 3/19/10.

Allows for expungement of PAULA convictions (Code Section 123.47) after 2 years and amends the corresponding provision for public intoxication convictions (Code Section 123.46).

Amends Iowa Code Section 422.7(21)(a)(1) to extend the Iowa capital gains exemption 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.

hF 2282

Judgment Liens on homesteads


Amends Iowa Code Section 624.23(2) to clarify that most judgment liens do not attach to homes; to eliminate the need for platting of the homestead where the property is within limits of Sections 561.1-561.3; to provide that a warranty of title in a conveyance generally constitutes a claim of the homestead exemption against apparent judgment liens; to provide that anyone with an interest in the real estate can serve the 30-day execution demand; to provide that the person serving the notice must serve an affidavit indicating why the judgment is not good against the homestead; to provide that any lien claim is barred unless the execution is ordered within the 30-day window; to provide that notice may be served under the Foreclosure Law’s simplified means of service (i.e., certified mail); to provide that proof of service of the notice will be placed in the court file of the case giving rise to the judgment as opposed to recording; to provide for expedited release of judgments by bond to allow real estate closings to proceed with a clerk of court “escrow” of money sufficient to pay the judgment with automatic release of the cash bond if the creditor allows the 30-day execution window to run.

How to ContACt your LegISLAtorToday it is very easy to communicate

with your elected representatives. You can do it by mail, phone, e-mail or by meeting with them in your home district.

PHoneSeNatorS: Call 515-281-3371 to reach the Iowa Senate switchboardrePreSeNtatIVeS: Call 515-281-3221 to reach the Iowa House switchboard.

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.

PHone All legislators have the sameformat for their e-mail addresses. It’s their first name (.) last name @legis. state.ia.us. A list of Iowa legislators and their e-mail addresses, as well as home

contact information, is on the web at www.legis.state.ia.us. Click on “Legisla-tors.” All legislators read their e-mails. It is a great way to communicate with them.

u.S. MAIL Address correspondence to members of the Legislature at State Capitol, Des Moines, IA 50319.

generAL InForMAtIonLegislative Information Office 515-281-5129.


In addition to the above legislative proposals, The Iowa State Bar Association supports the following positions as a part of its 2010 Affirmative Legislative Program:

1. Full funding of the Judicial Branch. 2. Adoption of legislation providing for an automatic, periodic increase in indigent defense fees.3. Full funding for Legal Services.

4. Child abuse prevention and treatment efforts and full funding for child abuse prevention and treatment. 5. Full funding of the Office of Substitute Decision Maker established pursuant to Iowa Code Chapter 231E. 6. Opposition to the legalization of title insurance. 7. Opposition to the Iowa Land Title Association’s proposal

to restrict lawyer abstracting under Iowa Title Guaranty. 8. Opposition to absolute immunity legislation.

Bill No.

hF 2253

hF 2234 / SF 2096

SF 2138

SF 2300

SF 2253

hSB 589 / SSB 3111

Bill Subject

Uniform Disclaimer of Property Interest act amendments

Post-Marital agreements

Final Disposition act technical Correction

Service of Notice requirements for Landlords/tenants

Mental health County Central Point of CoordinationVideo Conferencing

Family Mediation

Bill Status


HF 2234 approved by House Judiciary Committee & placed on House Calendar.SF 2096 approved by Senate Judiciary Committee and placed on Senate Calendar.



Approved by Senate Judiciary Committee & re-referred to Senate Judiciary Committee.

Did not pass out of Committee.

Bill Description

hSB 599 / SSB 3106

assault as General Intent Crime

Assigned to House & Senate Judiciary Committees.

Amends the elements of the Assault statute (Code Section 708.1) to return Assault to its traditional characterization as a general intent crime.

hF 2478 Updates to Ia revised Uniform Limited Liability Company act and Business Corporation act

Passed the Legis- lature and sent to the Governor.

Makes technical corrections to the IA Revised Uniform LLC Act (Iowa Code Chapter 489), which became effective on January 1, 2009.

Corrects deficiencies in the original uniform act enacted in Iowa in 2004.

Amends Iowa Code Chapter 596 to allow use of post-marital agreements relating to the disposition of assets following death of a party to the agreement.

Amends Iowa Code Section 144C.10(4) to correct a Code reference to clarify that an anatomical gift has precedence over authority of a designee under the provisions of Chapter 144C regarding the declaration of a designee for the purpose of the disposal of last remains.

In response to the recent Iowa Supreme Court decision, War Eagle Village Apt. vs. Plummer, these bills amend the service of notice requirements for landlords and tenants under Code chapters 562A (uniform residential landlord and tenant Act), 562B (manufactured home communities or mobile home parks residential landlord and tenant Act), and the service of notice requirements in an action for forcible entry and detainer.

When a placement order has been issued pursuant to Section 229, the county CPC shall be responsible for identifying the location of placement. This clarifies that the clerk of court is not responsible.

Allows a judge to hold a hearing using video conferencing to meet a statutory in person requirement, and enabling a party to make an application to the court to hold such a hearing in the presence of the judge.

Mandates mediation for family law matters when a minor child is involved.

Last updated: 3/23/10

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Nicholas O. Cooper and Johannes H. Moorlach have become members of Whitfield & Eddy, P.L.C. in Des Moines. Kerrie L. Liedtke has joined the firm as an associate attorney in the firm’s Ankeny office.

Nick received his B.B.A. from the University of Iowa in 2001 and his J.D. from Drake University Law School in 2004.

John received his B.A. from Oklahoma Wesleyan University in 1985, his M.Div. from Asbury Theological Seminary in 1989 and his J.D. from Drake University Law School in 2004. Prior to joining Whitfield & Eddy as an associate attorney in 2006, John served as JudicialClerkfortheHonorableRobert W. Pratt, Chief Judge, U.S. District Court for the Southern District of Iowa from 2004-2006. John’s practice areas include products liability, commercial litigation and appellate practice.

Kerrie received her B.A. from Wartburg College in 1998 and her J.D. from the University of Iowa College of Law in 2001. Prior

tojoiningWhitfield&EddyinFebruary,Kerriewasan associate attorney for O’Connor & Thomas, P.C. in Dubuque and an associate attorney at Omholt & Forsythe, S.C. and McCarty Law LLP in Wisconsin. HerpracticeareasinAnkenyincludefamilylaw,realestate, business law, commercial law, appellate law and employment and labor law.

Zachary C. Eubank has joined the business valuation and litigation support practice of BCC Advisers in Des Moines. Zach earned his B.A. in Finance from Marquette University in 2003, his J.D. from Drake University Law School in 2006 and his M.B.A. from Drake University College of Business and Public Administration in 2008.

Founded in 2003 by Chad Newhouse and Darin Luneckas, the law firm of Luneckas & Newhouse, P.C. has moved its offices to 866 First Avenue in Cedar Rapids. The historic building sits in

the heart of the medical corridor of Cedar Rapids adjacent to the St. Luke’s campus.

Jennifer R. Petersen has been elected as a Director of the Omaha firm of Gross & Welch. Jennifer earned her law degree from the University of Iowa College of Law in 1998, with her past ten years of experi-ence being focused in litigation, employment law and labor law. She is licensed to practice in Nebraska, Iowa and South

Dakota. She is also an active member of the states’ respective bar associations.

Nathan R. Watson has joined McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. in Omaha as an associate attorney. Nathan was born in Iowa and received his J.D. from Drake University Law School in 2004. Licensed to practice in both Iowa and Nebraska, he is engaged in

commercial litigation and corporate law and also works with non-profit organizations.

Eric G. Hoch and Robert L. Johnson have been named shareholders of Finley, Alt, Smith, Scharnberg,Craig,Hilmes&Gaffney, P.C. in Des Moines.

Eric is a 2004 graduate of the University of Iowa College of Law and joined the firm after graduation.

Robert joined the firm in 2007 after 20 years of practice in California and Nevada with the law firm of Wingert, Grebing, Brubaker & Goodwin, LLP in San Diego, Calif.

Two named to Forty Under 40 Attorneys Mollie Pawlosky and Mary Zambreno of Dickinson, Mackaman, Tyler & Hagen,P.C.inDesMoineswerenamedtotheDesMoines Business Record’s 2010 class of Forty

Under 40 honorees. Mollie is a shareholder and senior litigator in the firm’s litigation group. Mary is an associate and a member of the firm’s family law group. Each year the Busi-ness Record “sets out . . . to choose 40 Central Iowans under the age

of 40 who deserve recognition for their professional achievements, community contributions and personal character.” The two were recognized at an event at the Polk County Convention Center in Des Moines on March 2.

Kubicek honoredDavid W. Kubicek was recently honored by the

ISBA for his 19 years of service as chair of the Title StandardsCommittee.Hereceivedacertificateandan engraved clock from Immediate Past President and current Real Estate Section Chair Dan Moore on March 5 in Des Moines. Under David’s leadership, the Title Standards Committee drafted the seventh and eighth editions of the Iowa Title Standards, and conducted a complete review of the abstracting standards commonly referred to as the Blue Book.

Leitner earns exit planning designation David Leitner of Leitner Law Office in West Des Moines recently earned the designation of BEI Certified Exit Planner. The designation is conferred by the Business Enterprise Institute on individuals who demonstrate through training, rigorous testing and in-depth exit plan creation coursework that they are

qualified to provide comprehensive, professionally executed exit planning services to business owners.

Nicholas O. Cooper

Mollie Pawlosky

David Leitner

Mary Zambreno

Chad Newhouse

Eric G. Hoch

Robert L. Johnson

Jennifer R. Petersen

Nathan R. Watson

Darin Luneckas

John Moorlach

Kerrie L. Liedtke

Zachary C. Eubank

TRANSITIONS KUDOS

Membership runs fromFebruary 1 – January 31.

Visit our website for additional information and a membership application or

contact [email protected]

Helping paralegals assist their employers througheducational and networking opportunities.


Why you should have a disaster recovery plan for your computer systemBy Kim Balk*

When developing a small business disas-ter recovery plan for a small- or medium-sized business, it’s important to get a realis-tic idea of the real risks your business faces. For example, it is not necessary to back up everything on your computers. Operating systems and software can be replaced.

A small business disaster recovery plan should focus on the irreplaceable, such as:• Customerinformation• Emailcorrespondence• Financialinformation• Salesandshippingrecords• Otherdatathatcannotbe

replaced if it is lost.

The most common business disaster is data loss, which can result from a number of causes including human error, hardware failure, natural disaster and theft. Fortu-nately, data loss is easy to recover from if you have a backup solution in place. To make sure you get the right solution for your business’s needs, follow these steps:

Know your dataKnow what you have, where it is, and

what is most important. If you walked into your office tomorrow and your data were gone, what would you miss the most?

Consider backupYour backup must be offsite, secure and

available for recovery 24/7. One popular option that meets the above criteria, with the added benefit of ease of use and auto-mation, is online backup. Other options include tape or backup to external media.

If you have chosen to outsource your backup needs, make sure that you choose a provider that offers security, monitoring and support.

Decide who will be responsible for either managing backups internally or working with your selected provider to get your backup solution carried out.

Do a run-through of the recovery process. Backup is nothing without recovery, so be sure that you are familiar with the recovery process and confident that it works smooth-ly. Your provider should be happy to walk you through a test-recovery procedure.

Review your data regularly to be sure you’re backing up everything you need. For example, if you add a new server or workstation in your office, your backups should reflect this addition.

Disaster or data recovery needs differ for each small business. Sometimes backing up to external media such as a USB flash

drive or external hard drive will suffice.Most of our clients have two external

backup devices. They rotate the external drives nightly, weekly or monthly depending on their policy. We recommend nightly. The key to this arrangement is that at least one of the backup devices be kept in a secure offsite location such as a safety deposit box.

The next level of data protection would include an online backup, along with a local backup to external media. There are many online backup providers. The ISBA has partnered with Backup Right, and uses its online service to back up critical data. In the event of a natural disaster or fire, the data can be recovered over the internet, or sent overnight on external media.

Legal Technology Services, along with many of its law firm clients, also uses Back-up Right for its internal backup services.

ImagingMany times data is lost or corrupted due

to hardware failure, or an external threat such as a virus. In order to minimize downtime, many companies use com-prehensive products like Norton Ghost or Acronis True Image. These products can provide an automated local or online data backup, as well as create a full system recovery image capable of quickly restor-ing a system to a previous state, oftentimes in less than one hour.

DocumentationDocumentation is

important in a busi-ness disaster recovery plan. This should include:3 A complete list of inventory items3 Serial numbers3 Warranties on equipment purchased3 License agreements (i.e. from Micro-

soft or any third party applications). 3 Maintenance agreements3 Contracts with vendors3 Passwords and I.P. Addresses3 Copies of invoices of purchases made3 Login information to servers,

computers, etc.3 Login information of internet-based

applications 3 Media information of any software

application that might need replaced.

A copy of this documentation needs to be placed outside of your business prefer-ably in a safe deposit box.

*Kim Balk has worked on the technology side of the legal profession for 23 years. Prior to starting her company Legal Technology Services, Inc. more than four years ago, she was the information technology director at the Belin Law Firm and the Ahlers Law Firm in Des Moines. She currently consults and provides technology services to law firms throughout the midwest through her company located in Des Moines. For more information and/or assistance, contact Kim at 1906 Ingersoll Avenue, Suite 8, Des Moines, IA 50309; phone: 515-276-9889; mobile: 515-313-1567; e-mail: [email protected]. The website is www.ltsia.com.”

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Contretemps in the courthouse: New orders on recusal standards reveal major divisions on bias and the bench Melissa H. Weresh*

On the Wednesday evening prior to Thanksgiving, 2009, the Michigan Supreme Court issued an order that set forth new judicial disqualification standards allowing justices to remove one another from cases. Initially approved on Nov. 5, the rule was not announced until Nov. 25. Dissenting Justice Maura Corrigan warned that “it is always wise to be wary of any government action taken the day before a holiday or late on a Friday.”

In contrast, on Oct. 28, 2009, the Wiscon-sin Supreme Court considered and adopted disqualification standards that codified the existing practice of allowing individual judges to decide themselves whether recusal was necessary based on campaign funding from litigants. However the court reversed that action on Dec. 7, and withdrew its vote on the court order that would have formal-ized the rule. The Dec. 7 administrative hearing was heated, revealing significant differences of opinion among the justices.

CapertonJudicial recusal standards have been an

issue of interest following the Supreme Court decision in Caperton v. A.T. Massey Coal Company, Inc., et al. Caperton drew a fair amount of mainstream media attention, with many commentators likening the facts of the case to a John Grisham novel.

As Andrew Perlman reported in the Legal Ethics Forum blog, the “case began when Donald Blankenship, chairman and CEO of Massey, lost a $50 million verdict in a fraud lawsuit brought by Hugh Caperton and his small, independent Harman Mining Co. over the cancellation of a long-term coal contract.”

As the case proceeded toward appeal, Blankenship contributed $3 million dollars to “to help unseat incumbent Democratic Judge Warren McGraw in his race against a Republican, Charleston lawyer Brent Benjamin — 60% of the total spent in favor of Benjamin and against McGraw. Benjamin won.” Three years later the appeal got to the West Virginia Supreme Court. Not only did Benjamin refuse to recuse himself from the case, he also “cast a crucial vote to overturn the verdict that had favored Caperton.”

The case then proceeded to the U.S. Supreme Court and on June 8, 2009, the court issued a 5-4 opinion written by Justice Kennedy. The court concluded that, given the “serious risk of actual bias,” the Due Process Clause required the recusal of Judge Benjamin. Kennedy cast the deci-sion as one addressing an “extraordinary situation” and noted that “there is a serious risk of actual bias — based on objective and reasonable perceptions — when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case by raising funds or directing the judge's election campaign when the case was pend-ing or imminent.”

Kennedy noted that “"Justice Benjamin did undertake an extensive search for actual bias [but] … that is just one step in the judicial process; objective standards may also require recusal whether or not actual bias exists or can be proved.” An objec-tive inquiry into bias would consider “the contribution’s relative size in comparison to the total amount of money contributed to the campaign, the total amount spent in the election, and the apparent effect such contri-bution had on the outcome of the election.”

Justice Roberts dissented, arguing that “a ‘probability’ of bias” cannot be defined in any limited way. The Court’s new ‘rule’ provides no guidance to judges and litigants about when recusal will be con-stitutionally required.” Roberts expressed concern that the descision would “inevita-bly lead to an increase in allegations that judges are biased, however groundless those charges may be. The end result will do far more to erode public confidence in judicial impartiality than an isolated failure to recuse in a particular case.”

Justice Scalia wrote a separate dissent, focusing on other ramifications of the opinion. He warned that the Court’s decision could reinforce the perception

that “litigation is just a game, that the party with the most resourceful lawyer can play it to win, that our seem-ingly interminable legal proceedings are wonderfully self-perpetuating but incapable of delivering real-world justice.”

Commentators were also split on the effect of the decision. Warning of consequences similar to those observed by Roberts, a Wall Street Journal editorial titled “Judges and ‘Bias’” argued that “recusal standards are better handled at the state level.” Troubled that the decision would lead to “unprec-edented federal meddling,” the editorial con-cluded “the flood of challenges to judicial impartiality that [the opinion] is unleashing will taint the entire judiciary by making most decisions appear personal.”

In contrast, a New York Times editorial title “Honest Justice” contended that concerns regarding whether Caperton would lead to increased allegations of bias were “exagger-ated.” In fact, the editorial concluded that “the only truly alarming thing about [the] decision was that it was not unanimous . . . [S]uch an extreme case about an ethical matter that should transcend ideology should have united all nine justices.”

the Michigan ruleA new Michigan rule on disqualifica-

tion of judges announced in November illustrated similar divisions among justices on the Michigan Supreme Court. The new rule allows the state Supreme Court to decide whether an individual justice should be disqualified from a case when his or her impartiality has been challenged. Prior to the issuance of the new rule, judges were authorized to decide themselves whether recusal was appropriate in a particular case. As Brian Dickerson reported in the Free Press, the new rule “requires that any justice who [is] asked to step aside explain in writing why that request shouldn’t be honored, and gives the full court authority to overrule his or her decision.”

The court decision approving the rule was a 4-3 vote. Chief Justice Marilyn Kelly, voting in the majority, noted that “trial judges are removed from cases against their will in our courts every day and have been for years.” She observed that there was no factual basis to support the asser-tion that the rule would be used to remove judges for improper purposes and that “[w]

2¼ x 2½


hether there will be further ‘acrimony’ lies, in part, in the hands of each justice.” Justice Elizabeth Weaver supported the rule and emphasized that, because it requires written explanation of recusal decisions, it provides the public with more information about how the process works.

Opponents to the rule fear that it will stifle free speech. Justice Robert Young’s dissent argued that the rule eliminates due process protections and chills free speech, concluding that “majority has created a 21st century Star Chamber.” Mark Hornbeck of the Detroit News reported that the dissenters raised questions regarding “the authority of the court to disqualify a justice and the constitutionality of removing from a case a judge elected to office.

They also questioned what they called ‘vague impropriety standards’ that could be considered grounds for disqualifica-tion and be used to alter the balance of the court on important cases.” Corrigan’s dissent was particularly portentous, noting that “[t]he current philosophical and per-sonal divisions on this court are no more than a mild case of acne compared to the cancerous vitriol sure to spew from justices' pens,” and, quoting the Gospel accord-ing to Matthew, “‘Every kingdom divided against itself is laid waste, and no city or house divided against itself will stand.’”

the wisconsin ruleAt the other end of the spectrum was the

new rule adopted in October by the Wiscon-sin Supreme Court, but then withdrawn in December. The rule, which was ironically authored by lobbying interests, merely codi-fied the existing practice of allowing judges to decide themselves whether recusal is appropriate in a particular case. As Alex De Grand reported on the State Bar of Wiscon-sin website, the divided Wisconsin Court initially voted “amend the Code of Judicial Conduct so that the receipt of a campaign contribution from a party in a proceeding cannot be the sole reason for a judge to recuse him or herself [and] so that a judge is not required to recuse him or herself where a party to the proceedings sponsored an independent expenditure or issue advocacy during the judicial campaign.”

The language of one of the rules was proposed by a lobbying group, and was adopted verbatim by the majority. This gave rise to criticism, with Steven Elbow noting in the Capital Times that the court’s consid-eration of the recusal standards “comes at a time when conservatives on the court are enjoying their 4-3 majority thanks in part to Wisconsin Manufacturers and Com-merce, which spent about $4 million on television ads to get Justice Annette Ziegler and Gableman elected in 2007 and 2008, respectively. The big-business lobbying

group wrote one of the rules that the court adopted on a 4-3 vote.” Other recusal rules rejected by the court would have set limits on the amount of campaign contributions allowable, requiring that judges recuse themselves when campaign contributions exceeded certain limits.

In a Dec. 7 administrative hearing, the court withdrew the order, with Justice David Prosser retracting his initial vote in support of the rule. Alex De Grand re-ported that, “Justices determined that they could no longer support their earlier ac-tion [because] the court found it needed to rewrite portions of the petitions it had voted to accept ‘verbatim.’”

Patrick Marley of the Milwaukee Journal Sentinel reported on the hearing, noting that Justice Ann Walsh Bradley insisted upon reading her dissent from the rule, upon objections from two other members of the court. Responding that she would not “be silenced,” Bradley noted, “I cannot remem-ber when a petition to change our code has been adopted verbatim without clarifying the language and further comment explain-ing the adoption. In light of the peculiar way that this change to our code of conduct was adopted, it is no wonder that some perceive the court as allowing powerful lobbying groups in our state . . . to write a major new portion of the state judicial ethics code.” Steven Elbow reported that, when Bradley finished reading her dissent, “Prosser jibed: ‘Do you want us to applaud?’”

Solutions in light of Caperton?According to the National Center for

State Courts, 87 percent of all state court judges face elections, and 39 states elect at least some of their judges. In light of Caperton, many states may begin to examine disqualification and recusal standards and procedures.

The Brennan Center for Justice offered some guidance in its publication “Set-ting Recusal Standards after Caperton v. A.T. Massey Coal Company.” In this document, several procedural propos-

als are discussed, including peremptory disqualification, de novo review on inter-locutory appeal, recusal advisory bodies, independent adjudication of disqualifica-tion motions, and more effective mecha-nisms for replacing disqualified judges. Substantive proposals include per se rules for campaign contributors, expanded com-mentary regarding recusal in the canons, and enhanced judicial education.

Finally, the Center offers proposals for increased transparency regarding recusal and disqualification, including enhanced disclosure by judges and litigants, transpar-ent and reasoned decision-making regard-ing recusal, and increased and uniform data collection and dissemination.

While Iowa judges are selected on a merit-basis, retention is by election. Are specific recusal standards necessary here? Do you practice in a jurisdiction where this is a significant issue? Will Caperton and standards such as those set forth in Michi-gan precipitate inordinate challenges that judges are biased? What are your thoughts?

*Melissa Weresh is professor of law, director of legal writing, Drake University Law School. This series of essays explores professionalism, communication, and interpersonal dynam-ics in law practice. The author welcomes suggestions as to content, and can be reached at [email protected].

ADMISSION ON MOTIONThe following individuals have applied

for admission on motion to the Iowa Bar.Brian C. Buescher, Kutak Rock

LLP, Omaha, Neb.; John S. Katelman, Husch Blackwell Sanders, Omaha, Neb.; Jeffrey a. Pitman, Pitman, Kyle & Sicula, Milwaukee, Wis.; Brian S. Munnelly, Brian S. Munnelly, Omaha, Neb.; Michael Jurgens, HyVee, West Des Moines.

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.


Notarios and the unauthorized practice of lawBy Jim Benzoni* and Lori Chesser*

As Iowa’s immigrant population has grown, Iowa lawyers have started to realize the challenges we face in providing many of our new neighbors competent legal services. Delivering legal services to new immigrants can mean overcoming barriers of culture, language and sometimes financial means. It can also involve learning to spot issues not considered for other clients, such as the effect of certain legal decisions on a person’s immigration status — or lack of status.

As difficult as these barriers are to overcome, delivering legal services to immigrants also can entail a challenge rarely found in serving other clients: Protecting them from the unauthorized practice of law.

Because they are not familiar with the U.S. legal system and the difference between a licensed attorney and a “notario,” many new immigrants are particularly vulnerable to unscrupulous persons purporting to practice law. In Mexico and some other Spanish-speaking countries, notaries handle certain legal matters, while attorneys handle others. It seems perfectly normal to go to a notario for immigration services and other matters, especially when the notario speaks Spanish, for example, and is perceived as less expen-sive than an attorney.

who is authorized?In the immigration context, the situation

is complicated by the fact that immigra-tion law is federal, and therefore not as easily regulated by the state bar or courts. Also, federal law allows an “alien” to be

represented in the immigration system by a non-lawyer in certain instances.

As stated in 8 C.F.R. §292.1, a person enti-tled to representation before an immigration agency may be represented by attorneys, law students and law graduates (if working under supervision), reputable individuals appearing in an individual case and not charging a fee (typically a relative or clergy), an accredited representative authorized by the Board of Immigration Appeals, or an accredited of-ficial of the person’s home country.

As to accredited representatives, the regu-lations provide two levels of accreditation. The first level allows for practice before the Citizenship & Immigration Service (CIS), the agency that adjudicates immigration benefits. The second level allows for practice before agency tribunals, otherwise known as the Immigration Courts or the Board of Im-migration Appeals. Only licensed attorneys can practice before the federal courts in immigration matters.

In Iowa, several accredited representatives provide much-needed services to indigent or low-income clients (an accredited representa-tive may charge only nominal fees) and pro-vide initial access to the legal system to people who would otherwise not seek assistance.

the notario problemNotaries, who are not accredited, are

engaging in the unauthorized practice of law. The unauthorized practice of law in the immigration context is generally defined as choosing and providing advice on comple-

tion of various immigration forms, advis-ing on various immigration law remedies, analyzing cases and giving directions on how to proceed with a case, filing forms with CIS, and undertaking other similar acts having to do with the analysis and implementation of immigration law.

The unauthorized practice of law does not include such actions as providing simple in-terpretation, completing a form at the immi-grant’s direction, or depositing a form in the mail. However, anything that entails actual legal advice or recommendations is generally considered to be the practice of law. The definitive case in this area is Florida Bar v. Corpa Immigration Services, 642 So.2d 548 (Fla. 1994). Several precedent state court decisions offer additional guidance. See, e.g., Avila v. State of Texas, 252 S.W.3d 632 (Tex. App. 2008); Molano v. State of Texas, 262 S.W.3d 554 (Tex. App. 2008); In re Rodkin, 21 A.D.3d 111, 798 N.Y.S.2d 430 (N.Y.A.D. 2005); Garcia v. Commission for Lawyer Discipline, 2007 WL 2141246 (Tex. App. 2007).

Notarios are not simply unregulated competition for Iowa lawyers, but can cause irreparable injury to the public. In one case in Chicago, a notario filed more than 7,000 erroneous green card applications. Hun-dreds, if not thousands, of these immigrants ended up in deportation proceedings. Eventually this notario went to jail, but the damage to his clients was done.

Notarios are operating in Iowa as well, but often under the radar of most attorneys and Iowa courts.

working toward solutionsBecause of the very severe consequences of

the unauthorized practice of law in our new immigrant population, the International Law section of The Iowa State Bar Associa-tion has made fighting it one of our priori-ties. Besides educating ISBA members, our goal is to educate the public through ethnic publications and other means. We welcome your ideas about how to best do this.

All Iowa lawyers can help stem the unau-thorized practice of law by recognizing and reporting notarios, but also by educating themselves about how to better serve the newest members of the public, including accepting pro bono representations, volun-teering at legal clinics that serve immigrants (such as the HOLA Clinic in Des Moines), and spreading the word that Iowa lawyers are here to help all Iowans.

*James A. Benzoni practices primarily in immigration law in Des Moines and is a member of the ISBA International Law Section. Lori Chesser also practices primarily in im-migration law. She is a senior shareholder with the Davis Brown Law Firm in Des Moines. She is currently the chair of the ISBA International Law Section.


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POSITIONS AvAILABLEaSSoCIate — AV-rated Des Moines-area law firm seeking an associate with three-plus years experience. Please send letter of interest and resume to: [email protected] (6-10)

attorNey — Established central Iowa AV-rated firm looking for attorney with 4-7 years of general practice experience, emphasis on litigation. Please send resume to Iowa Lawyer, Code 030210, 625 East Court Ave., Des Moines, IA 50309; e-mail: [email protected]. Please include code number on envelope if mailing and in subject line if e-mailing. (6-10)

attorNey — Day & Hellmer, P.C., Dubuque, a general practice firm, seeks attorney. Experience in the area of family law is preferred. Individual must be licensed in Iowa and self-motivated. Salary will be commensurate with experience. Immedi-ate partnership a possibility. All inquires will be kept confidential. Please submit resume, cover letter and references to Werner Hellmer, 679 Bluff Street, Dubuque, IA 52001 or [email protected]. (6-10)

attorNey — Hopkins & Huebner, P.C., a well-established 32-attorney firm with locations in Des Moines, Adel and the Quad Cities, is seeking an attorney to practice in its Des Moines office. The ideal candidate will have a minimum of 3 years experience in either a litigation or business practice, and must be motivated to work hard and provide high quality service to the firm’s clients. Hopkins & Huebner, P.C. is an

equal opportunity employer, and provides a competitive compensation package and an excellent working environment. Please send cover letter and resume to [email protected]. (6-10)

aSSoCIate PoSItIoN — Growing, busy personal injury law firm seeks experienced full-time associate attorney who is people ori-ented. Extensive personal injury and workers compensation practice. Job requires strong knowledge and understanding of personal injury and insurance, organizational skills and ability to work with clients and insurance claim representatives. Litigation and prior experience working with medical records and bills preferred. Must be computer literate in Word. Requires excellent communication skills and the ability to work with others. Salary is DOQ. Benefits include: Health insurance, retirement, life insurance, dental insurance, vacation & sick leave. Please send cover letter, resume and references to Alvine & King, L.L.P. Attn: David J. King, 809 West 10th Street, Suite A, Sioux Falls, SD 57104 or e-mail [email protected]. No telephone calls please. (6-10)

aSSoCIate attorNeyS — Gallagher, Millage & Gallagher, PLC, a regional full ser-vice law firm seeks associate attorneys to handle cases in the areas of employment law, corporate law, personal injury law and transactional work. Good oral and written communication skills are required. Compensation commensurate with experience and ability. All interested applicants should contact Robert S. Gallagher via email at [email protected] (5-10)

attorNey — New, growing West Des Moines Law Firm is seeking an attorney with a minimum of four years experience in handling workers’ compensation and civil litigation. Competitive salary and excellent benefits will be provided. The opportunities for advance-ment in the firm are excellent. Send resume and cover letter in confidence to Charles E. Cutler, 1307 50th Street, West Des Moines, IA 50266 or to [email protected]. (SE)

CAREER CENTERare 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)

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PuBLISHer’S note: 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 [email protected]. 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; [email protected].

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Available to assist plaintiff or defense attorneys. Specializing in:• Building Codes Uniform Building Codes (UBC, UMC, UPC, UEC, UFC) – Americans with Disabilities Act (ADA) – OSHA – International Building Code (IBC) – Life Safety Code (NFPA 101) – Council of American Building Officials(CABO)• Industry Standards American Institute of Architects (AIA) – Associated General Contractors (AGC) – National Fire Protection Association (NFPA) – American National Standards Institute (ANSI) – American Society of Testing Materials (ASTM) – Underwriters Laboratories (UL Standards) – American Society of Refrigeration Engineers Association (ASREA)• Usual and Customary practicesSafety – Owner – Contractor relationsUndocumented agreements / Change orders / Cost overrunsWorkmanlike craftsmanship – Construction methods Licenses, affiliations and Memberships:Architectural Licenses: Iowa, Nevada, Indiana – National Council of ArchitecturalRegistration Boards (NCARB) – International Conference of Building Officials (ICBO) – Iowa Association of Building Officials (IABO) – National Safety Council (NSC) – Iowa/Illinois Safety Council (IILSC) – National Fire Protection Association (NFPA)JohnG.Kujac,NCARB•[email protected]•www.kujac.com (SE)

MISCELLANEOUSNotICe: — MeDICaID reCoVery ProGraMS: Casualty Lien recovery – Iowa Code 249A.6 provides that the Iowa Department of Human Services has a lien against the recovery recipients obtain from third party tortfeasors. An attorney representing an applicant for, or recipient of, assistance on a claim upon which the department has a lien under this section shall notify the department of the claim. For further information, contact Michelle Greethurst, 515/256-4620. estate recovery — Iowa Code 249A.5(2) provides that the provision of medical assis-tance creates a debt due the department from the individual’s estate for all medical assistance provided on the individual’s behalf for those recipients 55 years of age or older or a resident of a facility. The personal representative or executor may be held personally liable for the amount of medical assistance paid on behalf of the recipient if a distribution is made without having executed the obligations pursuant to section 633.425. For further information, contact: Ben Chatman, 888/513-5186, 515/246-9841, www.iowa-estates.com. (SE)

OFFICE SPACE AvAILABLE attorNey(S) — Peter Gartelos and Timothy Ament are looking for 1-3 attorneys to rent or share space in their newly remodeled law building at 2115 La Porte Rd., Waterloo, IA 50702. All systems, i.e., computer, telephone, etc., are in place and can be shared by agreement. Please contact Tim Ament at 319-234-0221. (6-10)

oFFICe SPaCe – Downtown Des Moines office space available in law offices located in the U.S. Bank Building across the street from the Polk County Courthouse. Includes phone system with voicemail, copier, fax, kitchen, lounge, two conference rooms, and free client parking. Receptionist provided and paralegal services available. Opportunity to perform legal research in exchange for rent. Phone 515-252-7501. Fax 515-282-8470. (5-10)

eaSt VILLaGe oFFICe SUIteS — 301 East Walnut St., Des Moines. Offering full- service office space in the upscale East Village area. Various rent packages available, which include all utilities, cleaning, conference rooms, break room, fax, copier & copies, full-time reception-ist, secretarial time, indoor parking, and techni-cal support. Virtual offices also available. Have a professional and affordable presence in the East Village area. Within walking distance of state and federal courthouses. Available immediately. Visit www.eastvillageofficesuites.com, or call 515-321-8504 for more information. (5-10)

oFFICe SPaCe aVaILaBLe — Excellent small firm location on 50th Street in West Des Moines, 100 yards from I-235 entrance. One space is 821 square feet with one large office, two smaller offices and conference room; sec-ond space is 2,118 square feet, with six offices, reception area and large conference room. For information, call Laurie at 515-223-6600. (SE)

PERSONALIF DePreSSIoN, StreSS, aLCohoLor 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 Assis-tance 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) [email protected]. 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 WANTEDattorNey — Corporate litigation attorney with prior private practice experience looking to transition to smaller private practice setting in Polk County. Open to other areas of practice, including but not limited to family law, employment discrimination and litigation. Salary expectations negotiable. Please send inqui-ries to The Iowa Lawyer, Code 030910, 625 East Court, Des Moines, IA 50309, or via e-mail to [email protected]. Please include code number on envelope if mailing and in subject line if e-mailing. All responses will be kept confidential. (6-10)

CLASSIFIED ADS

Contact: David A. Fini, Vice [email protected] 515-557-1252or Deb McCauley, Account [email protected] 515-875-4274


YLD President’s Letter—I am Elvera Knutson’s granddaughterBy Jeana Goosmann, President, Young Lawyers Division

“I am Rosemary’s granddaughter.” The catchy refrain from Jessica Andrews’ song, Who I am, is the tune playing through my head as I think about my roots and the special people who have inspired me.

At the age of 32, the president of The Iowa State Bar Association Young Lawyers Division and the founder of Goosmann Law Firm, P.L.C., I remind myself daily that I would not be who I am today without the love and encouragement of those who have supported me through my triumphs and trials. And while I’ll probably, in Jessica’s words, “never win a grammy, I’m gonna be just fine, cause I know exactly who I am” — thanks to my inspirers.

My 89-year-old grandmother, Elvera Knutson, lives in Beresford, So. Dak. Her grandparents moved to the United States from Sweden and settled on the prairie as farmers in the late 1800s. Married to my grandfather, the late Elwyn Knutson, grandma worked on the farm, raised five children and retired as an employee of the state hospital. Having bought me my first watch so I could learn to tell time, my grandmother inspires me constantly to continue learning and value my education.

My mother, Bonnie Seitzinger, in addi-tion to the long hours she spent caring for me and my four siblings and helping with our family farm, also was president of the church women, queen of the Daughters of the Nile and president of her P.E.O. chapter. Watching my mom being an active community volunteer and leader sparked my interest in extra-curricular activities and stressed the importance of being involved. Having spent hours with her at the kitchen table learning grammar as a child, “when the day is done, my mama’s still [definitely]

my biggest fan,” as Jessica’s lyrics proclaim.After a semester at Iowa State, having

learned about no-till farming while his brothers were away at war, my dad, Frank Seitzinger, returned back to Monona County to start his farming career. At 75, he is still farming the homestead farm which has been in our family for more than a century. I am “the spitting image of my father,” in that I remind myself every morn-ing to — as dad says — “always work as hard for others as you’d work for yourself.”

My oldest sister, Cindy Heemstra, is a CPA at Ernst and Young in Des Moines. She paved the way for the first advanced degree in my immediate family, inspiring me and my siblings to follow in her footsteps. My other sister, Lisa Halcomb, also inspires me with her juggling act in managing a successful career in human resources, while raising my two nephews and niece.

My oldest brother, Kevin Seitzinger, a graduate of Iowa State, reiterates the importance of hard work and loyalty, having been employed at Gargiulo Farms in Flordia — a tomato producer — for 15 years and counting. My other brother, Jason Seitzinger, a graduate of the University of Iowa, is a constant inspiration to me with his selfless attitude — always putting others before himself.

My aunt, Dr. Marice Highstreet, has shown me the value of hard work and education, diligently working toward and obtaining a doctorate degree in 2007. A grade school principal at Tri-Valley, So. Dak., Aunt Micy has always stressed the importance of education, even going so far as helping me write my first essay for a college scholarship.

Aunt Micy’s daughter, my cousin Ellie Highstreet, was like a younger sister throughout my child-hood. A diagnosed political bug, Ellie has assisted on numerous political cam-paigns and is currently the fundraising director for the MS Society in Sioux Falls, So. Dak. She reminds me how exciting it is to be involved in political issues and the importance of supporting our public servants throughout the political process.

My kindergarten teacher at Clark Elementary in Sioux City, Mrs. Dwyre, taught me many things, including, first and foremost, how to read

(clearly, I could not have made it through law school with-out the basic principles Ms. Dwyre instilled in me!). Aside from teaching me the basics, however, Mrs. Dwyre continues to support me with her kind words and acknowledgments. Track-ing my career through the local paper, Mrs. Dwyre jokes that, having taught me to read, she’s responsible for my current success. All laughing aside, Mrs. Dwyre is right.

Ms. Bennett, my high school English teacher at Omaha Burke, is another teacher for whom I am extremely grateful. Ms. Bennett taught me to support every statement I write with the word “because” — a skill of mine that has fared well in court. Ms. Bennett also nominated me to attend Girls State my junior year. Motivated by Ms. Bennett’s enthusiasm, I ran for governor while at Girls State and, while I did not win, I was appointed a member of the Nebraska Supreme Court for the day. Without Ms. Bennett’s encouragement, I would not have the fond memory of meeting with the Nebraska Supreme Court Justices and getting my first peak at the court from the bench!

My roommate and Alpha Omnicron Pi sorority sister at the University of Nebraska, Lincoln, Angie Hoffschneider, inspired me to maintain a 4.0 GPA to earn ruby and pearl sorority pins my freshman year. She also stood behind me in my quest for president of the 113-member sorority house and membership into Mortar Board.

The first friend I met at Creighton University School of Law, Amy Ellis, remains a good friend a decade later. Amy and I studied together during our first year of law school, sweated bullets together preparing and taking the Iowa bar exam, and helped each other through our first year as attorneys in Sioux City. Amy is currently the felony drug prosecutor for Woodbury County, and I look forward to being a bridesmaid in her wedding this summer.

Heidi Toney, securities associate general counsel at Werner Enterprises in Omaha, Neb., was another supporter of mine during law school. She and I spent countless hours studying alongside Pat Cooper and Ryan Sewell and spading law review articles. I

Jeana poses with her grandmother, Elvera Knutson, during a recent social event. She credits her grandmother’s gift of her first watch for inspiring her to continue learning and valuing her education.


could always count on Heidi to be studying late into the night and taking a last-minute phone call and question from me.

Making debtor creditor law interesting and being approachable enough to answer bankruptcy questions, Professor (now Dean) Culhane was an excellent role model. She nominated me for the American Bankruptcy Institute Outstanding ScholarAaward and later became the ABI scholar in residence herself. She continues to inspire me with handwritten notes to this day.

While an attorney at the Heidman Law Firm, the female attorneys occasionally gathered for social events. During these

gatherings, I was uplifted by the empower-ing stories of women in the legal profes-sion, such as Margaret Prahl’s journey in becoming the first female partner at the firm, Cindy Moser’s ability to turn a fresh-out-of-law-school offer to be a legal secretary into her current unanimous nomination to become one of our next presidents of the ISBA, and Rita Grimm’s quest to become president of the Sioux-land Chamber of Commerce.

Jen Chase, Bridget Penick, Matt McDermott, and Tracey Deutmeyer are a group of young Iowa lawyers who inspired my involvement in the YLD. Jen was president of the YLD

when she invited me to be a part of her executive council. Following my first meeting in Decorah, and inspired by my conversations with the former ISBA President, Dan Moore, I expressed an interest in being involved in the YLD. In February, 2007, Jen was my roommate and taught me all about the ABA YLD as an Iowa delegate to the assembly.

Miami is also where I met Tracey, who introduced me to all her fellow district representatives. Once I became an officer, I traveled to several meetings with Bridget and Matt. Bridget and I attended the ABA Law Day in Washington, D.C. and shared great experiences lobbying the Iowa senators and representatives along with Dwight Dinkla and Joel Greer. Finally, Matt McDermott is one of the best public speakers I’ve ever seen.

Without these inspired young lawyers, I would not have taken on this incred-ible journey as Young Lawyer Division president, one of the greatest experiences in professional involvement I’ve been for-tunate to have. Getting to know and work with Iowa’s lawyers from around the state to try and improve our legal profession is an experience I’d encourage every young lawyer to grab.

These are just a handful of people who inspired my career and involvement in our legal community. Whether you sing to the tune of Jessica Andrews or not, I encourage you to consider and thank those who have inspired you.

With that in mind, the YLD Executive Council will be meeting in my hometown of Sioux City, on April 16. At this meet-ing, we will take nominations for district representatives and YLD secretary. The YLD would appreciate the opportunity to make your list of people to thank who have or will help you reach your goals. As you can see from the list of people who have inspired me, my family and friends, including the members of our legal profession, “It’s all a part of me. And that’s who I am,” as Jessica sings.

who are you and who will you become?

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April 2010 Iowa Lawyer

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