THE IOWA L AW Y ER APRIL 2018 V 78 N 3 ALSO IN THIS ISSUE 10 policies and My work on a Board of procedures most Iowa clemency case Governors Spring nonprofits need PAGE 12 Quarterly Meeting PAGE 9 PAGE 24
The future of the profession ISBA YLD launches initiative to examine future threats to the practice of law in Iowa PAGE 6
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IALawyerPrintAd_March 2018 (Mechanical).indd 1 1/8/2018 9:47:22 AM The official publication of The Iowa StateBar Association.
EDITORIAL TEAM Volume 78 Editor-in-Chief Contributing Editor Number 3 Melissa Higgins Virginia Sipes, J.D. April 2018 515-697-7896 515-697-7897 [email protected] [email protected] Copy Editor General Inquiries Contents Steve Boeckman 515-243-3179 515-697-7869 [email protected] [email protected]
THE IOWA LAWYER (ISSN 1052-5327) is published monthly except for the combined December-January issue, by The Iowa State Bar Association, 625 East Court Ave., Des Moines, IA 50309-1904. One copy of each issue is furnished to association members as part of their annual dues. Non-member subscription rates are $40 per year. Periodicals postage paid at Des Moines, Iowa. POSTMASTER Send address changes to The Iowa Lawyer Magazine, 625 East Court Avenue, Des Moines, Iowa, 50309-1904. Members can contact the membership department to change their address by emailing membership@ iowabar.org.
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ADVERTISING The future of the President’s Letter CLASSIFIED. Qualifying ISBA members receive two free 6 practice of law in Iowa 4 non-job listings annually as a member benefit. Members A new YLD initiative aims Kudos should contact the ISBA Communications Department for to help attorneys be more 15 ad placement. Non-member classified ad rate is $110 at 125 competitive in Iowa’s market for legal services. Without In Memoriam words per listing. See classified section for further details. 15 action, their research finds, DISPLAY. Display advertising in The Iowa Lawyer alternative service providers Affirmative Legislative 16 Program Update Magazine is handled by Larson Enterprises, 909 50th will out-compete attorneys via marketing and pricing. Street, West Des Moines, Iowa, 50265. For display 22 Transitions advertising and non-member classified advertisement 9 IRS Form 990: 10 policies rates, contact and procedures most Classifieds Alex Larson at 515-238-4406 or [email protected]. Iowa nonprofits need 28 Form 990 is an annual SUBMISSIONS required filing for many The Iowa State Bar Association seeks to publish original nonprofit organizations. In Brief articles that advance the education, competence, One key show of support for Probate Manual available ethical practice and public responsibility of Iowa your favorite nonprofit is About the Cover advocating for adoption of 5 for purchase lawyers. Members are encouraged to submit articles powerful policies. and manuscripts to the editor for possible publication. The YLD group leading “The Future of Coming soon: new income the Practice of Law in Iowa” report is By Gordon Fischer and 5 Submissions should be no longer than 1,500 words, Mackensie Graham protection program although exceptions can be made. Footnotes should be pictured in front of the Iowa State Capitol kept to a minimum. Include a short bio of the author(s) building in Des Moines. Left to right: Rob 12 My work on a 16 What is Iowa LawPAC? and professional photo(s) when submitting. NOTE: Not Poggenklass, attorney at Iowa Legal Aid; clemency case Clemency Project 2014 all submissions are guaranteed publication. The editors Iowa Legal Aid’s Equal Abhay Nadipuram, YLD Secretary and recruited and trained nearly and bar leaders review all submissions to a make a 27 Justice After Hours an attorney at Davis Brown; Kyle Fry, an 4,000 volunteer lawyers from determination of suitability for publication. Email all attracts hundreds attorney for American Equity; Tom Hillers, diverse practice backgrounds. submissions to [email protected] in YLD President and an attorney at Hupy One attorney from Iowa shares Microsoft Word format. 27 U of I selects new dean & Abraham; Maggie White, YLD Vice her experience. By Cynthia Tofflemire STATEMENTS OR OPINIONS President and attorney at EMC Insurance. The statements and opinions in this publication are Rob and Kyle are co-chairs of the new 2018 Bench-Bar 18 Conference those of the authors and not necessarily those of The YLD task force created to examine future Iowa State Bar Association. Readers should consult threats to the practice of law in Iowa. You Board of Governors original sources of authority to verify exactness. 24 Spring Quarterly Meeting Advertising in this publication does not constitute can read their initial report and findings endorsement of a product or service unless beginning on page 6. 30 Spotlight on Service: specifically stated. Joel Greer
THE IOWA LAWYER 3 APRIL 2018 Columns President’s Letter
I HAVE BEEN WARNED NOT TO WRITE THIS LETTER STEPHEN R. ECKLEY
he risk of misstep is too great. Voices that has not happened. Is it because we are job of treating our female peers equally, more articulate than mine have different? Maybe. I have no doubt that the even if we generally stop short of actionable T been misinterpreted and caused great majority of lawyers hold themselves sexual harassment. unintended offense. And, frankly, I feel to very high standards of integrity. And But 84 percent? Regardless of how inadequate to fully understand the issues certainly we are better-positioned to know broadly one defines sex-based bias, how can because I see them through a prism colored legal boundaries and the potential conse- the number be so high? The comments of by experiences from a different time. But quences of their violation. Awareness by the ISBA survey respondents are revealing. there is no question the topic should be im- male attorneys of the unique capability of Over and over, they describe not overt sexu- portant to all Iowa lawyers. We need to talk female attorneys to strike back might further al harassment but subtle forms of sex-based about it. Progress depends on awareness. explain the low rate of lawsuits. I hope it is bias, such as condescension, interruptions, So it is with singular trepidation that I not the flip side—that women in the law are dismissive comments, remarks about address gender bias in the legal profession. under even greater pressure to suffer silently appearance, less meaningful work assign- In the aftermath of a flood of sexual than women in other occupations. ments or attempts to intimidate. These are assault and harassment allegations against But before we pat ourselves on the back small events that tend to be fleeting, covert top Hollywood producer Harvey Weinstein, or conclude the MeToo movement is some- and hard to prove, that are often uninten- women who have suffered sexual abuse one else’s issue, consider the response of tional and unrecognized by the perpetrator, have been encouraged to write "Me Too" in our own members to this recent ISBA survey and that typically occur when someone is social media posts. The #MeToo campaign question: “In the past five years, have you perceived to be in the minority. has resulted in millions of posts by women experienced or witnessed behavior that you I hope you are not thinking that’s part of spanning diverse industries and given thou- felt demonstrated harassment or discrimi- life and women lawyers just need to tough- sands the courage to share their experiences nation on the basis of gender, or other forms en up. If you take anything from reading publicly. So far, media attention has focused of gender bias, in the practice of law?” Of this letter, let it be this: These subtle forms on revelations involving entertainers, politi- 305 respondents, 84 percent of women attor- of gender bias, repeated many times over cians, journalists, athletes and high-profile neys answered yes, they had experienced or long periods by many male lawyers, have individuals connected to Silicon Valley. seen gender bias. 84 percent! serious cumulative, harmful effects and are Where do lawyers fit in all this? Is this high percentage inconsistent every bit as damaging to women attorneys Despite the fact that ours is a busi- with the scarcity of lawsuits involving the as actionable sexual harassment. Every ness still dominated by older men, there legal profession? Not necessarily. At risk of male lawyer, including this one, should have been relatively few reported sexual sharing Matt Damon’s ignominy, there is keep in mind the disappointment, frustra- harassment claims filed against lawyers a difference between gender bias broadly tion, stress and anger women lawyers must or law firms. Perhaps the floodgates will defined and “sexual harassment” legally hold inside because of our collective failure soon burst, as in other sectors, but thus far defined. It seems we male lawyers do a poor to make them feel welcome and to provide them equal opportunities to demonstrate their value. The result is that too many are discouraged from seeking to advance in, or even remain part of, our profession. We need to do better. Awareness is our first challenge. The same ISBA survey question—have you experienced or wit- nessed gender bias?—to which 84 percent of women answered yes, only 34 percent of males answered yes. In other words, 84 percent of women attorneys reported experiencing or seeing something that 2/3 of male attorneys were unaware of (or did not acknowledge). I think the explanation is that we don’t realize what we’re doing. We fail to see that our conduct is perceived by women to be demeaning. Yet women attorneys shouldn’t be expected to speak ISBA President Steve Eckley was part of a group of ISBA members and Drake faculty and students who met with ABA President Hilarie Bass for lunch before up when we transgress. They know that to her appearance at Drake Law School’s Supreme Court Celebration banquet on March 24. Bass has focused a large part of her year as ABA President on do so would only make it harder for them to issues related to women in the practice of law. Pictured left to right: Kayla Sproul, Drake Law School’s ABA law student representative; Tom Levis, ISBA win the acceptance they deserve, and could President-Elect; Hilary Bass, ABA President; David L. Brown, ABA Delegate; David McCord, Drake Law School Assistant Dean; Alan Olson, ABA Delegate; Ellen invite retaliation. Yee, Drake Law School Professor; Steve Eckley, ISBA President; Maggie White, YLD Vice President. Our second challenge is to avoid the
THE IOWA LAWYER 4 APRIL 2018 In Brief Probate Manual available for purchase The 2018 Probate Manual is a “must have” manual for all bar association members who practice Iowa estate administration, trusts, guardianships and conservatorships. The manual, a project of the subtle inequities that are so pervasive and ISBA Probate, Trust and Estate Planning Section and the Probate pernicious. Lawyers, judges and mediators Manual Committee, incorporates legislative changes through 2017 and must all strive to make sure we and others is available for purchase online as a hard copy manual or electronic stop engaging in such conduct as: version. • Interrupting women attorneys Using the manual reduces the amount of time spent on routine, • Talking or listening more to the men repetitive matters and allows more time spent on estate matters in the room requiring the exercise of judgment, experience and training. More • Showing signs of dismissiveness—look- important, this 900-page, two-volume manual provides checklists to ing away, rolling the eyes or checking alert the attorney to deadlines, elections and alternate procedures in cell phone messages—when a woman is an effort to avoid problems in probating an estate. speaking • Excluding women lawyers from our Visit iowabar.org/store and click on “manuals” to order. social interactions with other lawyers, judges or clients Coming soon: New income • Referring to women by their first name rather than “Ms.” while addressing protection program male lawyers as “Mr.” The Iowa State Bar Association is continually looking for ways to • Giving credit to men but not to women enhance and strengthen its membership benefits. Recently, the ISBA when equal recognition is deserved identified a program that provides a unique opportunity for members: • Assigning less rewarding or challeng- the Lloyd’s of London, Guaranteed Issue Disability Income Insurance ing responsibilities to women lawyers Program. This program, offered to active members of The Iowa State • Commenting on appearance Bar Association, allows you to purchase a high-limit lump-sum benefit • Ignoring emails from women in the event you experience a career-ending injury or illness. • Stereotyping that female attorneys This coverage is intended to provide a supplement to your current think differently than male attorneys long-term disability (LTD) coverage or to provide a safety net if you do • Failing to recognize that women law- not have any existing coverage. This benefit will help you protect your yers have earned their seat at the table lifestyle, future earnings growth, retirement planning and your family I appeal to the great majority of Iowa law- in the event you suffer a career-ending illness or injury. yers who strive to do what is right and fair: We can do this. It shouldn’t be that hard. If Program Details: we join together, persistent effort from each • Lump-sum benefit options available up to 10x your annual of us will bring about transformative change income, not to exceed $2,000,000 that is long overdue. • Own occupation definition of disability • No health or financial evidence needed • Discounted premiums For those interested in such related topics The enrollment period for this benefit begins April 2 and will as actionable sexual harassment, implicit extend to May 11. You can learn more on iowabar.org. bias and recommended actions for law firms to encourage equal treatment of women attorneys, an excellent resource is Zero Tolerance: Best Practices for Need Legal Help in Florida? Combating Sex-Based Harassment in the Legal Profession, prepared by the ABA's Commission on Women in the Profession. Jeffry R. Jontz Orlando Florida BA Drake University JD University of Iowa AV Rated
[email protected] Stephen R. Eckley 407-262-8400 is a senior civil trial attorney at Belin McCormick in Des Moines.
THE IOWA LAWYER 5 APRIL 2018 Features Kyle Fry
The future of the PRACTICE OF LAW Foreword by Kyle Fry, ISBA Young Lawyers Division in Iowa
For the past two years, the ISBA Young far from it. However, we remain deeply inflation-adjusted debt has increased 400 Lawyers Division has been attempting to concerned about the future of the practice percent on average. address the issue of the rising cost of legal of law and the impact that technology Our work over the last two years was RR_2017.pdf 1 1/6/17 7:26 PM education and the debt that frequently ac- will have on it. How many people reading hopefully only the start. Just prior to this companies it. We have attempted to tackle this article were aware that there are article being published, we are presenting the issue a variety of ways. We reached out automated services available to fight our additional ideas on the future of to the Young Lawyers Division contingen- traffic tickets, send dispute letters, write the legal practice to the ISBA’s Board cy to gather feedback about 3L testing, an appellate brief or draft corporate of Governors. We tasked ourselves with met with members of Iowa’s Supreme formation documents? It is not difficult to basic, yet pragmatic objectives in hopes of Court to discuss our ideas, poured over imagine a world where your estate plan accomplishing our task: research from legal scholars and reviewed is updated the moment you add your new- 1. identify updates to specific rules of work product from other states’ review of born or adopted child to your insurance professional conduct, procedures and similar concerns. plan. Or a world in which the sensors in policies to allow attorneys to better Last year, we published a report your clothing and vehicle can diagnose compete with new market entrants; entitled The Future of the Practice, in injuries sustained in a car accident, nego- 2. re-establish public trust in which we broadly identified threats to the tiate liability coverage between carriers our profession; future of the legal profession. The report and settle the claim, all before the injured 3. identify means of more effectively was intentionally hyperbolic because of passenger reaches the hospital door. providing legal services to all per- the dramatic change other industries have During the last two years, I also experi- sons in need of those services; seen. However, our argument was, and enced a lot of apathy from young attor- 4. collaborate with legal educators remains, a simple one—while technol- neys, and other young professionals, when to identify means by which the ogy is likely to dramatically impact the discussing our goal of reducing student “startup” cost of entry into the legal future delivery of legal services, young debt. The education and debt infrastruc- market can be reduced; attorneys will be less likely to compete ture is entrenched and many of the older 5. create a vision of a sustainable legal with the unlicensed competitors who are attorneys I discussed the topic with were services model of the future. commoditizing the legal practice. A young understandably surprised to learn of We also collaborated with a non-profit attorney’s debt effectively creates a price the extent of the issue. It is difficult to based in North Carolina, Law School floor. It is difficult to compete in a world comprehend paying $30,000 to $40,000 Transparency, to issue a report on the of deflating prices caused by a continued per year for a legal education today, if current state of legal education. In that influx of new market entrants when you you paid $5,000 per year in 1985 and were report, available at www.LSTReport.com, have student loan payments to make. able to cover most of that cost working we asked the American Bar Association Make no mistake, we do not intend to through the summer. Inflation-adjusted to add young attorneys to the law school come across as Luddites. Most of us are income has decreased by 13 percent, while accreditation process in hopes that per- spectives from outside higher education would prove beneficial in shaping the future of legal education, and beyond that the future of the legal practice. While that particular body of the American Bar Association has been hesitant to entertain our straightforward request, we have partnered with young lawyer division equivalents from around the country to build support for the changes we have proposed. We are hopeful this will encour- age the ABA to thoughtfully consider our request moving forward. You can read our initial report on the following page.
THE IOWA LAWYER 6 APRIL 2018
2017 R&R proof.indd 1 1/6/17 7:32 PM Features YLD THE FUTURE OF THE PRACTICE: A NEW YLD INITIATIVE ake a moment to think about the services in Iowa, but it requires rethink- law2 and simple criminal matters. These legal work that you performed ing the way that our attorneys and our providers will tout their services as less T over the last two weeks. How courts do business. expensive without sacrificing quality many of those tasks could be performed and use client testimonials to prove it to by artificial intelligence (e.g. Watson), THE LEAD-UP consumers. One example is DoNotPay, an accountant or financial planner, an A little over a year has passed since which is a chatbot whose founder proudly in-house attorney/compliance officer, or a the Young Lawyer’s Division of The Iowa boasts that it has defeated 160,000 of the paralegal with a limited license to prac- State Bar Association began reviewing the 250,000 parking tickets it contested in tice law? In the near future, the practice impact of the student debt on the young New York. The company recently rolled out of law in Iowa will undergo unprecedented attorneys who chose to join our profession. over 1,000 new chatbots in other states to disruptive change. The competition will Our young Iowa attorneys have led the cover many other areas of law, including come from three sides. First, alternative fight and taken it to the American Bar eviction and employment law.3 Form-fill legal service providers, funded by venture Association in an attempt to change the competitors will continue to consume a capital, and unrestrained by regulation, regulatory process that is a primary cause larger share of the market. For example, will out-market and commoditize the of the soaring debt. Through our review, type “Iowa Divorce” into Google and you work traditionally performed by solo and we’ve constantly found ourselves discuss- will see many results on the first page for small firms – especially in the rural areas. ing a related and more ominous problem service providers touting their services as Second, providers operating as virtual that threatens to shake our profession to a low-cost alternative to attorneys. Unlike multi-disciplinary practices will begin its core. There is no doubt that student our attorneys, these alt legal providers are offering services that a traditional law debt is a burden on Iowa’s legal economy not constrained by professional regulation. firm cannot provide. Think of it as a suite – if that economy were to remain static. Competition may also enter our state or of professional services — your client can As competition forces our profession to our neighboring states through law- get financial planning, accounting, legal, compete on price and marketing, student yer-adjacent professionals. One campaign etc. in one service that is in the same debt represents a fixed expense that sets is underway to allow limited license office and fully coordinated. Finally, our both a pricing and an income floor for a legal practitioners (LLLPs) to provide profession will see more and more of the substantial portion of our attorneys. lower-cost services in various practice work that has historically been performed areas.4 As more states in the region adopt by associates at large firms being pulled THE THREAT AT THE FRONT DOOR, BACK DOOR rules that allow LLLPs, the pressure will in as those clients retain more in-house AND EACH OF THE WINDOWS mount to enact similar rules in Iowa. A attorneys, or compliance officers. Over the coming years, each of Iowa’s Minnesota State Bar Association Task The impacts will be magnified by attorneys will experience competition Force recently recommended allowing our profession’s inability to change and from outside forces on an enormous LLLPs.5 There have also been aggressive adapt. Specifically, our abhorrence for scale. The typical Iowa attorney will face efforts by the “Big Four” accounting firms marketing the value of our services to competition from internet competitors to allow multi-disciplinary practices in the public will allow other providers to and low-cost, simulated legal advice the U.S.,6 which would disrupt many of commoditize legal service and compete providers.1 The virtual competition will the markets serviced by the large firms in on price rather than quality. arrive through online platforms that use Iowa.7 Finally, experts state that more and The justification for our guild has been machine learning to provide forms and more corporations will continue to shift that we provide a higher good to society. legal guidance at very low prices or even more legal work in-house.8 Even the in- This fades quickly when value is defined free of charge. It’s not hard to see these house attorneys are not safe as a trend is in terms of the speed of delivery and organizations targeting low-hanging developing to hire lower-cost compliance price. There is still time to act to ensure fruit to build a market share: business officers to perform quasi-legal or even that people receive high-quality legal organization, basic estate planning, family truly legal functions.
THE IOWA LAWYER 7 APRIL 2018 Features YLD
AN EXAMPLE OF THE IMPACT OF think this is solely a problem for the next be taken to communicate the value of DESTRUCTIVE TECHNOLOGIES generation of attorneys. Destructive forces Iowa attorneys to the public. Until recently, purchasing a taxi medal- and technology do not discriminate in their • These recommendations lion in a large city was a sound investment destruction and by their nature reshape should include more than tra- for the future. Consider the value of a industries and markets. ditional marketing campaigns medallion in New York City, which peaked and must propose specific at approximately $1.3 million each in May OUR TASK actions that would connect 2013.9 At that time, on-demand ride hailing Our goal is to make all attorneys com- attorneys to customers who services took hold and the value of the petitive in Iowa’s market for legal services need their services. medallion fell by more than 50 percent.10 and create a market for those people who • The Task Force shall triage the New York City was far from alone. From the do not currently receive legal services. threats from competition and report outside, it appears that medallion prices Without action, alternative service to the Board of Governors of The Iowa were too high and on-demand ride hailing providers will out-compete attorneys via State Bar Association to provide a companies capitalized on an inefficient marketing and pricing. They will impact list of specific statutes, regulations market in need of ruthless market entrants. the local market in the same way that a or other rules that would impede From the inside, it appears that a lack of new mega-retail store has impacted local or prevent Iowa attorneys from forward-looking thinking and flexible reg- businesses or destructive fast-moving competing with alternative legal ulatory structure made innovation difficult technology solutions have displaced entire service providers, multi-disciplinary for the established market. From their view industries. On the whole, the services practices or other competition, along — why fix what appears to be working? will be lower quality, lower in price and with recommendations for changes to Based on the valuations of Uber and Lyft, available 24/7 with the click of a mouse. those legal authorities. market forces seem to have spoken. This is our moment, and we can only hope • With the approval of the Board of Gover- The legal profession could follow the that in 30 years our young attorneys look nors of The Iowa State Bar Association, taxi profession’s path: act too late and back and say, “that was their finest hour.” the Task Force shall thereafter immedi- attempt to ban new entrants through We have a choice between three paths ately act to seek the implementation of protectionist actions instead of innovating – we can continue to do things the way its recommendations. towards better, faster, more affordable they have always been done; we can adopt 1 Jason Koebler, Rise of the Robolawyers: How service. If the past is prologue, innovation protectionist measures (which have been Legal Representation Could Come to Resemble is the right tactic, and by all accounts any unsuccessful in every other state that has Turbo Tax, The Atlantic (April 2017), https:// effort to protect a market against these tried); or we can modernize our guild to www.theatlantic.com/magazine/archive/2017/04/ entrants has not only failed but wasted communicate our value to our customers rise-of-therobolawyers/517794/. precious time that could have been used while competing both on delivery and price. 2 Washington state allows Limited License to compete in the early stages. With the foregoing in mind, the pres- Legal Technicians to “advise and assist” with Along with other forms of competition ident of the Young Lawyers Division has simple family law matters. See http://www.wsba. that we did not document or have not been appointed a Task Force with the following org/Licensing-and-Lawyer-Conduct/Limited-Li- created yet, concerted efforts to enter the composition and duties: censes/Legal-Technicians; see also http://c.ymcdn. legal services space will cause fewer jobs • The members of the Task Force should com/sites/www.inbar.org/resource/resmgr/ and work for all attorneys. Importantly, this represent the Iowa Judicial Branch, the Conclave/Alt_license_table_May_18__20.pdf for will jeopardize the quality of service de- Office of Professional Regulation and a 2015 list of other state activity. manded by our system of civil and criminal The Iowa State Bar Association. 3 http://abovethelaw.com/2017/07/donotpay- justice. Why do we have so many Iowa coun- • The Task Force shall report to the adds-1000-legal-bots-plus-service-for-others-to- ties where there simply are no attorneys to Board of Governors of The Iowa State create-their-own/. represent multiple defendants in criminal Bar Association as to its recommenda- 4 http://abafuturesreport.com/#1. or juvenile cases? It would be foolish to tions for specific actions that should 5 https://lawyerist.com/lawyerist/wp-content/ uploads/2015/06/report-of-the-future-of-legal-edu- cation-task-force.pdf Joseph A. Happe 6 Elizabeth Olson, PWC, the Accounting Mediation and Arbitration Services Giant, Will Open a Law Firm in the U.S., N.Y. Civil litigation, general liability, & worker’s compensation Times (Sept. 22. 2017), https://www.nytimes. com/2017/09/22/business/dealbook/pwc-law-firm- Member of National Academy of Distinguished Neutrals ilc.html. 30 years litigation experience 7 https://thepractice.law.harvard.edu/article/ Multi-party mediation accommodation at the Des Moines office the-reemergence-of-the-big-four-in-law/. 8 http://greentarget.com/wp-content/ To Schedule: uploads/2017/03/2017-Legal-Outlook-Final-Gre- Phone: Jenny (515) 246-7846 entarget.pdf. Email: [email protected] 9 Tim Stenovec, More Proof that Uber is Killing Online: www.davisbrownlaw.com/happemediations the Taxi Industry, Jan. 7, 2016, http://www. DAVIS BROWN KOEHN SHORS & ROBERTS P.C. businessinsider.com/more-proof-that-uber-is- 215 10TH ST., STE 1300 PHONE: 515.288.2500 killing-the-taxi-industry-2016-1 DES MOINES, IA 50309 WWW.DAVISBROWNLAW.COM 10 Id.
THE IOWA LAWYER 8 APRIL 2018 IRS FORM 990: Features Gordon Fischer, Mackensie Graham 10 POLICIES AND PROCEDURES most Iowa nonprofits need
ost folks have Tax Day branded No questions, no appeal process—just Previously, the 990 focused largely on on their brains like a birthday revocation in accordance with the law. financial data. Now extensive qualitative M or anniversary. (Typically, it’s Timely submission of the 990 can also help information is requested related to board April 15, although this year it’s April 17). your nonprofit avoid filing additional docu- governance, fundraising, international Iowa lawyers should have another day ments and user fees. (Note: organizations programs, non-cash receipts, joint ven- highlighted on their calendars: when can apply for an automatic three-month tures, use of subsidiaries and more. IRS Form 990 is due. Form 990 is an due date extension with IRS Form 8868.) Let’s review 10 key policies discussed annual required filing for many nonprofit on Form 990 in greater detail. organizations. WISE INVESTMENT IN SUCCESS Wait…aren’t nonprofits exempt from Beyond nonprofit attorneys, what CONFLICT OF INTEREST federal taxes? ‘Tis true, but the IRS still does this have to do with Iowa lawyers Form 990 asks whether the nonprofit requires lots of information, through in general? All across the state lawyers has a conflict of interest policy, as well Form 990, in order to evaluate nonprofits are deeply involved in their communities as how the organization determines and on details like programs, policies, financ- and are central to nonprofits’ successes. manages board members who have an es, governance and mission. Ultimately, When you think of all the time, energy actual or perceived conflict of interest. Form 990 confirms for the IRS that a and resources you’ve dedicated to your This policy is all-important as conflicts nonprofit is still qualified to operate favorite nonprofit—be it through serving of interest that are not successfully and without paying federal taxes. Also, the on a board of directors, championing ethically managed can result in what document is available to the public, so the mission as a founder, financing the the IRS terms “intermediate sanctions” there are added benefits of accountabili- nonprofit’s mission or as a dedicated against both the organization and the ty and transparency. volunteer—you want to protect your individual(s) with the conflicts. investment in the cause. One key show A conflict of interest occurs where VARIATION ON A FORM of support for your favorite nonprofit individuals’ obligation to further the Just like if you fail to file your income is advocating for adoption of powerful organization’s charitable purposes is at taxes, if a nonprofit fails to file the policies. All Iowa nonprofits should odds with their own financial interests. required annual information return, there meet (and exceed!) the compliance gold For example, a conflict of interest would are repercussions. standard for tax-exempt organizations. occur where a director votes on a contract Charities fall on a wide spectrum in A great place to start on top-notch between the organization and a business terms of size, income and number of pro- compliance is ensuring the major policies that is owned by that same director. grams. Consequently, not all organizations and procedures asked about on Form 990 Conflicts of interest can also easily arise are required to file the same type annual are complete, well drafted and understood when setting compensation or benefits for return (and some, such as state govern- by all major stakeholders. internal key stakeholders. ment-run institutions and most faith- based organizations, are not required to 10 POLICIES AND PROCEDURES HIGHLIGHTED A conflict of interest policy should cover file at all). In addition to the regular, full ON FORM 990 two important components: Form 990, there are the variations of the The IRS revamped Form 990 in 2008. 1. require board members with a form including 990-PF, 990-EZ and 990-N. Which form an organization can choose to file depends on financial activity related to gross receipts and total asset value. DEADLINES AND FAILURE TO FILE? For most tax-exempt organizations that follow the typical calendar year (January 1 through December 31), Form 990 is due May 15—the 15th day of the fifth month after the organization’s “taxable” year comes to a close. If an organization is required to file a version of the 990 and fails to do so for three consecutive years, the IRS will automatically revoke tax-exempt status.
THE IOWA LAWYER 9 APRIL 2018 Features Gordon Fischer, Mackensie Graham
stored for an appropriate period of time whistleblowers. for tax, business and other regulatory This policy can help insulate your purposes. No doubt document retention organization from the risk of state and could be important for proof in litigation, federal law violation and encourage sound, governmental investigation or other types swift responses and solutions to employee of complaints. complaints. The IRS itself deems this an conflict (or a potential conflict) to The federal law known as Sarbanes-Ox- incredibly helpful policy: disclose it, and ley explicitly reaffirms the importance A whistleblower policy encourages 2. exclude individual board members of a DRD policy. While Sarbanes-Oxley staff and volunteers to come forward with from voting on matters in which generally does not pertain to nonprofits, it credible information on illegal practices there is a conflict. imposes criminal liability on nonprofits for or violations of adopted policies of the destruction of records with the intent to organization, specifies that the organiza- If consistently adhered to, this obstruct a federal investigation. tion will protect the individual from retal- policy can both inspire confidence in the Another reason a DRD policy is an excel- iation, and identifies those staff or board organization, as well as prevent potential lent idea is it forces an organization to save members or outside parties to whom such violations of federal and state laws. space and money associated with both hard information can be reported. copy and digital file storage by determining Sarbanes-Oxley also applies here. If DOCUMENT RETENTION AND DESTRUCTION what is no longer needed and when…it’s found in violation of Sarbanes-Oxley, both This policy should clarify what types of like sanctioned spring cleaning! the nonprofit and any individuals respon- documents should be retained, how they sible for the retaliatory action could face should be filed and for what duration. It WHISTLEBLOWER civil and criminal sanctions and repercus- should also outline proper deletion and or Nonprofits, just like all employers, sions, including prison time. destruction techniques. are prohibited from retaliating against A DRD policy ensures important employees who “blow the whistle” against COMPENSATION documents—financial information, employer practices. A whistleblower policy Requests for data concerning compen- employment records, contracts, informa- should set a process for complaints to sation appear in three different places on tion relating to asset ownership, etc.—are be addressed and include protection for Form 990. While for-profit employers have wide latitude in setting compensation, compensation for nonprofit employees must be “reasonable.”
Generally, a compensation policy provides the benefits of: • Enhanced confidence of donors and supporters. • Consistent framework for decision making on compensation. • Increased compliance with federal and state employment laws. • Reduced risk to the organization and its management and governing board. FUNDRAISING The topic of fundraising gets substan- tial attention on Form 990. Fundraising income and expenses are asked about in multiple parts and in a couple of sched- ules. This policy should include provisions for compliance with local, state and federal laws as well as the ethical norms the organization choose to abide by in fundraising efforts. Remember that fund- raising doesn’t just include solicitation of donations, but also receipt of donations. GIFT ACCEPTANCE While related to the fundraising policy, the gift acceptance policy covers the ad-
THE IOWA LAWYER 10 APRIL 2018 Features Gordon Fischer, Mackensie Graham
mission of the charitable gifts themselves. able guide to organizing, collecting and Form 990 specifically asks the filing For example, does the nonprofit accept reporting financial data. organization to report if certain docu- gifts of real estate? Under what circum- ments are made available to the public, stances? How about charitable reminder FORM 990 REVIEW such as governing documents (like the trusts? Why or why not? Form 990 directly asks the following bylaws), conflict of interest policy and A GAP policy provides written protocols questions: financial statements. Additionally, the for nonprofits to evaluate proposed • Has the organization provided a copy form asks for the name, address and non-cash donations. The policy may also of this Form 990 to all members of its phone number of the individual(s) who grant staff much-needed guidance in governing body before filing the form? possesses the financial “books” and how to kindly and diplomatically reject • Describe in Schedule O the process, records of the organization. donations (however well-intended they if any, used by the organization to may be) that carry extraneous liabilities review this Form 990. THAT’S (NOT) ALL FOLKS! and obligations the organization cannot If the above seems like a lot, the readily manage. In asking these questions, the IRS is in- policies discussed are not even a com- dicating that distribution of the form prior prehensive list! Other policies referenced INVESTMENT to filing is optimal. (This is one of those on Form 990, but not discussed here (as One way a board of directors can fulfill gold standard governing practices that is they’re more specific to certain organiza- their fiduciary responsibility is through beneficial when using the form as a public tions) include joint ventures; conservation investing assets to further the nonprofit’s relations material.) There are no federal easements; independent governing body; mission. Before investment occurs, the tax laws requiring Form 990 review, and and policies regarding chapters, affiliates organization should adopt an investment Form 990 does not mandate a written and branches (if applicable). Needless policy to define who is accountable for review policy. However, a written review to say, the more policies checked “yes” investment decisions. The policy should policy is pragmatic for clarifying a specific on Form 990, the better off your favorite also offer guidance on activities of grow- process for distribution and procedural nonprofit will be. ing/protecting the investments, earning review by the governing body (like board interest, and maintaining access to of directors). This policy can also act cash if necessary. An investment policy as a reminder to nonprofit personnel to Gordon Fischer is an Iowa lawyer can include the nonprofit’s personnel distribute the Form 990 draft accordingly focused on promoting and maximizing with the authority to make investment and in a timely manner. charitable giving in Iowa. He always decisions, as well as preserve the board’s welcomes discussion on any aspect oversight ability. PUBLIC DISCLOSURE of nonprofit compliance and may be Many organizations hire a professional Tax-exempt organizations exist to serve contacted at gordon@gordonfischerlaw- financial advisor or investment manager the greater good in some way or another, firm.com and 515-371-6077. to implement investments and offer ad- and thus some organizational documents Mackensie Graham works as chief vice. This person’s role can be accounted must be made available to the public content officer at Gordon Fischer for in the investment policy. upon request. The public disclosure policy Law Firm, P.C. She’s an Iowa native, Form 990 does not ask if an organiza- should highlight (1) what documents graduate of Drake University, and holds tion has a specific investment policy, but must the organization disclose, and (2) a master’s degree in public policy. She it does refer to investments in multiple to what extent does it want to make other will commence law school this fall. places throughout the form, hence the non-required documents and information obvious need. available to the public. FINANCIAL POLICIES AND PROCEDURES Different than the aforementioned HANSEN, MCCLINTOCK& RILEY investment policy, the financial policies LAW Y ERS and procedures document specifically All Types Civil Litigation addresses guidelines for making financial Mediation& Arbitration Services, including decisions, reporting financial status of commercial and employment disputes the organization, managing funds and developing financial goals. It should also Chester C. “Trip” Woodburn, III outline the budgeting process, invest- Fifth floor, U.S. Bank Building ments reporting, what accounts may be 520 Walnut Street maintained by the nonprofit and when Des Moines, Iowa 50309 scheduled auditing will take place. Similar to the investment policy, Form 515-244-2141 990 does not make a specific ask about an 515-244-2931 (Fax) organization’s financial policies, but this hmrlawfirm.com type of policy will serve as an indispens-
THE IOWA LAWYER 11 APRIL 2018 Features Cynthia Tofflemire My work on a CLEMENCY By Cynthia Tofflemire CASE In May 2014, I read about the In January 2014, the U.S. Department of Justice began an extraordinary project to shorten Clemency Project (CP) through the Nation- thousands of long sentences for nonviolent drug crimes handed down during an era of inflexi- al Association of Criminal Defense Law- ble sentencing using President Barack Obama’s clemency power. Because the influx of pro se yers. I submitted my resume with state and petitions would have overwhelmed the Department of Justice’s small Pardon Attorney Office, federal license information and expressed the DOJ asked private attorneys to volunteer. my interest. After initial approval by CP About 1,500 attorneys volunteered to help eligible prisoners submit the best possible that summer, I completed the training in clemency petitions. They were led by five groups of criminal justice stakeholders: The Amer- August -- a series of eight hour-long online ican Bar Association’s Criminal Justice Section, the American Civil Liberties Union, Families training video courses presented by the Against Mandatory Minimums, the National Association of Criminal Defense Lawyers, and a Federal Public Defenders Office -- and group of federal defenders – the heads of 84 offices of federal public or community defenders. reviewed numerous memos and forms on This group of legal professionals set out to provide pro bono assistance to federal prisoners the Clemency Project website. who would likely have received a shorter sentence if they’d been sentenced today under the In mid-October, I was assigned a client amended sentencing guidelines. out of the Indiana Federal Court System Clemency Project 2014, as the effort was called, recruited and trained nearly 4,000 volunteer currently housed in an Arkansas medium lawyers from diverse practice backgrounds, and completed screening of the more than 36,000 security facility. I initially assumed this federal prisoner applications that requested volunteer assistance. The project’s painstaking re- was a mistake; I wasn’t licensed in either view of these cases revealed that the overwhelming majority of the requests were by applicants Indiana or Arkansas. The Clemency Project who did not meet the criteria put forward by the Department of Justice in April 2014. Clemency director informed me that since a clemency Project 2014 submitted nearly 2,600 petitions to the Office of the Pardon Attorney. Eventually, application would be presented to the Fed- 1,715 commutations were granted by President Obama. eral Office of Pardon Attorney, any federal license was sufficient. What followed were months of searching for documents in the case, which was now almost 20 years old. This was the first time I had never physically met a client I repre- sented, and distance made the process of reconstructing his case difficult, though not impossible. I first tried to get a sense of what had happened in my client’s case in addition Co-sponsored by Mediation Center of Minneapolis, MN to what was provided in his handwritten and the American Academy of ADR Attorneys of Indianola, IA application to the Clemency Project. With a signed release from my client, I fairly quickly received documents from the Bureau of Upcoming events in Okoboji, Iowa: Prisons. These records showed that at age 22 30-Hour Civil Mediation Training – June 4-7 he had a rough initial six months in prison, 30 IA, NE, SD & MN CLE credits but in the following 17 years, he had had few 6-Hour Civil Arbitration Training – June 8 write-ups and those were for very minor vi- 6 IA, NE, SD & MN CLE credits olations, with no write-ups at all in the past nine years. He had taken numerous classes, Upcoming events in Minneapolis, MN: worked regularly with good references 40-Hour Family Mediation Training – May 3-5 and 17-19 from supervisors, and had qualified and Parenting Time Expediting and Parenting been chosen to participate in an OSHA Consulting Training – Oct. 2-5 training course. For several years, my client had volun- teered for the suicide-watch program and Our training is MN Rule 114 Certified, all CLE credits to be applied for had been trained and participated in that program with good reviews from staff and Call 612-222-0023, email [email protected], supervisors. He’d also been chosen to be or visit MediationCenterMN.org for more information one of the team captains of the basketball league that winter, and had been asked by
THE IOWA LAWYER 12 APRIL 2018 Features Cynthia Tofflemire
the education department to speak to the testified as a government witness. Another complex – what drug case has no vio- new class for black history month. local attorney, a local law school professor lence or threat of violence, particularly a My client provided the name of his orig- who with his students were also volunteering conspiracy that lasted for a period of three inal defense attorney, the federal defender in the Clemency Project, obtained some to four years? who had worked on his subsequent appeals, additional documents that also needed to be In short, my client participated in a as well as the attorney who had represented looked at, and was a great help in assistance, conspiracy to sell drugs for three to four him in his two prior misdemeanor cases. I moral support and upbeat energy, but could years while he was 16 to 21 years old, interviewed them for any information they not find the transcript. working for his older half-brother. They sold had on the case, their understanding of My client checked his locked storage in their neighborhood and were not part of our client’s case and the court he had been area at the prison and found a copy of the a large gang or cartel. My client was offered in. The Clemency Petition, if approved in transcript. He mailed it to me and upon 20 years by the U.S. Attorney if he didn’t committee and presented to the U.S. Pardon review, it was missing a few pages. It also testify and 15 years if he testified against Attorney, would be thoroughly reviewed and was not official, but so far was the best we his half-brother and two other defendants. vetted, with input requested of the local U.S. had. Further searching in his locked area At 21 years old, he agreed to a 15-year term, Attorney’s office and the sentencing judge as uncovered a few more pages that had ended pled guilty and testified for the government. well. I needed to know how my client might up with other documents. Eventually we He helped convict all three defendants, be perceived, then and now, by each of them. had all but two pages of his unofficial trial including his older half-brother. transcript copy. The U.S. Attorney was unhappy with his OVERALL SENSE OF THE CASE My client’s unofficial transcript (minus a testimony, however, and withdrew the offer I called the original defense attorney few pages) at least provided the remaining after my client testified. The terms of the for the file (now almost 20 years old), but part of the story, and a framework to review plea agreement were such that the guilty he was unable to locate it. Thus began the rest of the filings, since it was here that plea could not be withdrawn. The judge re- the arduous task of finding transcripts of most of the issues had occurred. It did cre- scinded my client’s “taking responsibility” the guilty plea, each pre-trial motion and ate some stress, however, wondering wheth- points for testifying and added two points hearing transcript, the trial transcript er there were any smoking guns on those for perjury, although no perjury charge was he testified in, post-trial filings and two pages that the U.S. Attorney could use hearing transcripts, the appeal filings and to potentially derail what otherwise looked transcripts, and each subsequent ruling like a possible clemency petition. by the courts. All of these documents were The Clemency Project standards Manage Exchange 12-18 years old. Luckily, the local Federal required a review of all these documents to and Professional Risk Public Defender’s office had retained its determine whether the applicant: documents electronically and emailed all of • Is currently serving a federal sentence with the Midwest’s the appeal filings and rulings. This at least in prison and, by operation of law, Premier Exchange gave me some sense of the underlying case, likely would have received a substan- but no underlying facts as the office did not tially lower sentence if convicted of Resource have any documents prior to its representa- the same offense(s) today; tion in the appeals. • Is a non-violent, low-level offender I called the federal clerk of court, hoping without significant ties to large-scale that neither my client’s file nor the file of criminal organizations, gangs or the trial testimony had been sent to storage cartels; because of their age. Luckily, the federal • Has served at least 10 years of the defender’s appeal work had kept both files prison sentence; “current” in the clerk’s office, but the clerk • Does not have a significant criminal initially had difficulty finding them. Since history; I was out-of-state, the local federal public • Has demonstrated good conduct in defender (a great resource and help, both prison; and in verbal support and in how things worked • Has no history of violence prior in that court system) had staff physically to or during the current term of go down and copy documents for me then imprisonment. and on several occasions when I learned Most requirements were pretty easily IPE 1031 that other hearings had occurred and checked off. However, likely sentencing term 6150 VILLAGE VIEW DRIVE • SUITE 113 WEST DES MOINES, IA 50266 were relevant. was complicated, as was the determination 515.279.1111 • 888.226.0400 of non-violent, no history of violence. There FAX 515.279.8788 SEARCH FOR TRIAL TRANSCRIPT was a training video regarding the sentenc- WWW.IPE1031.COM However, neither the federal public ing term, but the project also had someone [email protected] defender nor the clerk of court, despite who would calculate that for you, which was extraordinary efforts, could find the trial a helpful backup. transcript from the case that my client had The issue of determining violence was
THE IOWA LAWYER 13 APRIL 2018 Features Cynthia Tofflemire
ever filed. A subsequent hearing on the client likely would have been sentenced to determine that our client did not qualify for alleged perjury issues determined that today under the new guidelines. I attached the reductions and should continue with his my client in fact truthfully testified. the relevant documents, and in my summa- life sentence. When I began representing him he had ry added that this was a case that “cries out In mid-December 2016, the federal judge been incarcerated over 17.5 years; with for clemency.” issued his ruling which granted my client a good time he had served over 20 years and The Clemency Project Review Committee reduction from his life sentence to a term of would have been out of prison if he hadn’t reviewed my filing, asked questions and 384 months. At this point, there was only one assisted the government by testifying asked to review additional documents. I month left of President Obama’s term, which and aiding them in the conviction of revised the filing and submitted a few addi- was not enough time to file a clemency three defendants. tional requested documents. After further petition, have it reviewed and vetted. I wrote Ultimately, after a thorough review of review, unfortunately, although they felt my my client that I had good and bad news, the plea agreement, hearing and trial tran- client was deserving of clemency, they also informed him of the court’s reduction and scripts, post-trial filings, appeals, rulings, did not feel he met the tight requirements the inability to file a clemency petition, interviews with attorneys and client input, of the CP. The committee chair encouraged and included a copy of the court’s ruling. I it became clear that this case had potential me to file a clemency petition myself, and received the following letter from my client: as a Clemency Project case agreed that there were compelling issues to “…When I first opened your envelope and I prepared the Clemency Petition for the be addressed in my client’s file. read the cover letter, I must say that I held committee in the required format. We could One additional requirement of the and reread that letter over and over for like not “retry” the case, but had to review each Clemency Project was that all other options thirty minutes before I even noticed the of the above-listed issues, list out each po- for sentence reduction had to be exhausted Judge’s order. When my joy somewhat sub- tential problem, provide related documents before a clemency petition could be filed. sided a little bit, I decided to go ahead and for review, and specify why the application The federal government had issued sen- read his order. I must admit reading that I qualified as a Clemency Petition under the tencing guideline reductions and our client no longer have a life sentence, but instead Clemency Project Guidelines, and what the had not yet applied for reduction under the I now have 384 months, I experienced an last revision. We informed the current U.S. amount of overwhelming joy, but the joy that Attorney’s office of our intention to file a the Judge’s order gave me was almost on the petition for sentencing reduction under the same level. The joy he allowed me to feel was Grow your nest egg, current guidelines, provided proof of our a different kind of joy, his was more like a client’s progress and current status, and sad kind of joy. …” (Judge’s name removed not your tax bill. the office agreed that he was a candidate for client privacy purposes).
for reduction by the guidelines. What an odd combination of feelings… A Petition for Sentencing Reduction joy and excitement that my client now had
Qualified intermediary Pursuant to Guidelines was prepared and a door rather than a life sentence, sadness services for all types of filed with the original sentencing judge that he didn’t get the opportunity to apply Section 1031 exchanges in Indiana on February 4, 2016, with a for clemency, and anger at the judge for one letter that explained our plan to file a last time sticking it to this client. My client request for clemency after he ruled on currently has seven to eight years left to
the sentencing guideline reduction. We serve with presumed good time. His family
requested a reduction to the lowest level is excited to one day see him outside again.
800-805-1031 • 515-224-5259 available under the current sentencing I’m glad that I participated in the revision -- 324 months. The U.S. Attorney Clemency Project. It was a worthwhile 4800 Mills Civic Pkwy Suite 205 responded and agreed that our client was endeavor, interesting and challenging. West Des Moines IA 50265 eligible for the reduction but argued that I worked to make a difference for a client iowaequityexchange.com sentencing should be at the top of the scale and accomplished that, just not in the
-- 405 months. Although the U.S. Attorney manner we had initially planned. I hope Ken Tharp had agreed that our client was eligible for that this encourages other attorneys to the sentencing reduction, the judge could take a pro bono clemency case.
Standard Exchanges • Reverse Exchanges • Construction & Improvement Exchanges • Cynthia Tofflemire has over 25 years of experience as an attorney, Business Asset Exchanges • Collectible Exchanges working the last 12 years in Minneapolis. In March, she left the Robins
Kaplan law firm in Minneapolis to become the Public Defender for the Sac & Fox Tribe of the Mississippi in Iowa. She is a lifelong Iowan who enjoys spending time with her family and granddaughter Charlotte, reading, time
with her pets, her perennial garden, and traveling. She also enjoys knitting
and participated in the American Legion’s “Toasty Toes” project and INTEGRITY. PRECISION. SECURITY. personally knit 250 sets of slippers and 125 headbands for soldiers in Iraq.
THE IOWA LAWYER 14 APRIL 2018 2¾ x 4
Columns Kudos, In Memoriam Kudos In Memoriam The ISBA would like to congratulate the Jerrold ‘Jerry’ Jacobsen, 92, of Cedar Falls died Feb. 28. following individuals for the honors they Jacobsen was born in Kansas City, Missouri, in 1925. He served in the U.S. Army Air have received: Corps from 1943-45 and received his J.D. from the University of Iowa College of Law in 1952. He worked as an attorney in Cedar Falls for 62 years, retiring in 2015. Robert Oberbillig, for receiving Drake University Law School’s newly-created Joseph J. Straub III, 61, of Algona died Dec. 30. Distinguished Public Service Award. Straub was born in 1956 in Rockville Centre, New York. He received his J.D. from Oberbillig is Clinician in Residence and Creighton University School of Law. Joe practiced law in Indianapolis, Indiana, and director of the Elder Law Clinic at Drake later in Algona. He was a member of the Bar in Indiana and in Iowa and served as past Law School, and has given back to the president of the Kossuth County Bar Association. community for six decades. Oberbillig previously received The Iowa State Bar Michael Voorhees, 76, of Waukee died March 1. Association Rolland E. Grefe Pro Bono Voorhees was born in 1941 in Des Moines. He received his J.D. from Drake University Publico Award. Law School. He practiced law at McKee, Voorhees, & Sease for 40 years. Mike served Karen Shaff, for receiving the Drake the YMCA as Chairman of the Y-Camp Board and the Des Moines YMCA Board. He also University Law School Alumna of the served on the National YMCA Board. Year award. Shaff is the executive vice president, general counsel and secre- Lynette Donner, 58, of Urbandale died Jan. 29. tary of Principal Financial Group. She Donner was born in 1959 in Fergus Falls, Minnesota. She received her J.D. from Drake previously served on the ISBA Board of University Law School. She was a 30-year-plus State of Iowa employee. She served in the Governors. Legislative Services Bureau drafting bills, as an attorney for the Iowa Attorney General's Anjela Shutts, for receiving the 2018 office, legal counsel for the Campaign and Ethics office, legal counsel for the Iowa Willie Stevenson Glanton Award from Secretary of State, and as an administrative law judge for Iowa Workforce Development the Polk County Bar Association. Shutts (IWD) for over a decade. practices in family law at Whitfield & Eddy Law. Shutts also recently was Jack Schroeder, 92, of Sarasota, FL died Dec. 19. named to the Luther College Board of Schroeder was born in 1925 and served in the U.S. Navy in the Pacific Theater from Regents. 1942-46. He graduated from Drake University Law School in 1952 and became a partner Kristina Stanger, for being named in the Law Firm of Filseth and Schroeder. In 1951, he was elected to the State of Iowa Drake University Law School’s Re- House of Representatives until 1955. Then he was elected as an Iowa Senator, where he cent Alumni of the Year. Stanger is a became majority leader of the Senate until his retirement in 1967. lieutenant colonel in the U.S. Army and partner at Nyemaster Goode PC in Des John W. Sabbath, 86, of Cedar Falls died Feb. 9. Moines, where she focuses on commer- Sabbath was born in 1931 in Muscatine. He served in the U.S. Army and received his cial litigation. J.D. from the University of Iowa College of Law in 1959. John practiced law until retire- Jo Ellen Whitney, chair of the ment in 2017 from Reed, Merner & Sabbath Law Firm in Cedar Falls. He was a member employment and labor law department at of the Black Hawk County Bar Association, where he was president from 1984-1985, and Davis Brown Law Firm in Des Moines, for the Iowa State and American Bar Associations for more than 55 years. being selected by the National Sheriffs’ Association to become a new member of the United States Supreme Court Bar. Whitney was nominated by Sheriff Paul Fitzgerald of Story County. In her health law practice, she often works with county sheriffs when she is called to advise hos- pitals with crises in the emergency room, drug diversion issues, and dealing with patient and provider issues stemming from the opioid crisis. Jeff W. Wright, a partner at Heidman Law Firm in Sioux City, for being induct- ed as a Fellow of the American College of Trial Lawyers. Wright is a trial attorney and general civil litigator who represents individuals, companies and insurance carriers. Fellowship in the college is extended by invitation only.
THE IOWA LAWYER 15 APRIL 2018 Mediations and Arbitrations What is Iowa
Jeffrey A. Boehlert LawPAC? Personal injury, employment claims, business and commercial disputes Iowa LawPAC is the political action committee Member, American Academy of ADR Attorneys, (PAC) of The Iowa State Bar Association. Its Board AV Rated, over 35 years of litigation experience of Directors is composed equally of Republican [email protected] and Democratic members, appointed by the ISBA President. Iowa LawPAC contributes only to state Patrick V. Waldron legislative races and its first priority is to support Specializing in workers’ compensation lawyer-legislator candidates. and civil litigation Please consider contributing today at one of the Member of American Academy of ADR Attorneys, AV Rated, over 20 years of civil litigation and following levels: workers’ compensation experience • $75 for Contributor status [email protected] • $100 for Sustaining Contributor status For more information on how to donate, visit Gregory A. Witke iowabar.org/WhatIsLawPAC. All types of civil litigation Member of International Academy of Dispute Resolution, AV rated with 30 years of litigation experience Left: ISBA Legislative Counsel Jim Carney and ISBA Executive Director Dwight Dinkla honored the family of the late Edwin "Ed" Skinner at the winter 2017 ISBA Board of [email protected] Governors meeting for their generous and long-time support of Iowa LawPAC. Skinner practiced law in Altoona and was the city attorney for the cities of Altoona and Pleasant 515-283-2147 Hill. He served in the Iowa House of Representatives from 1969 to 1973. Members of the 505 Fifth Avenue, Suite 729 Skinner family who were recognized with a standing ovation from the BOG included Ed’s Des Moines, IA 50309 widow Lois and children Brad Skinner and Geri Huser, both ISBA members. www.pattersonfirm.com
IOWA STATE BAR ASSOCIATION — 2018 Affirmative Legislative Program Bill No./Subject Description Status SF 2314 Amends §504.832 to add an explicit reference to section §504.836 authorizing a safe harbor for business opportunities. Amends §491.16A to include §§490.860 Senate – Passed Unanimously Business Law through 490.870 as these sections were not picked up when the Iowa Business Corporation Act was last amended. Clarifies language in Code §§ 9H.1 and 9H.4 on the Floor; House – Placed on Technical Changes regarding nonprofit corporations. The clarification is simply to ensure that all previous nonprofit chapters are included within the definition and restrictions of the Unfinished Business Calendar chapter. Iowa’s nonprofit chapter has been Chapter 504, 504A, and returned to 504. SF 2139 Amends the Iowa Uniform Power of Attorney Act by adding a new subsection (10) to 633B.204 to clarify that an agent under a power of attorney may waive or House – Passed Unanimously Waiver of Spousal Share relinquish a spousal right, homestead, and elective share if the principal has granted the agent Gen. Powers under the real property section 204 to 633B. on the floor; Senate – Passed Unanimously on the floor Signed by Governor HF 639 Relates to how the clerk of probate court determines and collects charges regarding services provided in probate matters. Excludes from the determination of court costs House Ways & Means Calculation of Probate property over which the court lacks probate jurisdiction and for which the clerk renders no services. Specifies that for purposes of calculating the costs for other services No Senate Companion Court Costs performed by the court in the settlement of the estate of any decedent, minor, person with mental illness, or other persons laboring under legal disability, the value of such a person’s personal property and real estate is equal to the gross assets of the estate listed in the probate inventory minus, unless the proceeds of the gross assets are payable to the estate, joint tenancy property, transfers made during such person’s lifetime such as to a revocable trust, and assets payable to beneficiaries. SF 2098 Conforms old probate statutes with EDMS standards and procedures. Amends §633.22 (Probate Powers of Clerk), Amends §633.27 (Probate Docket), Deletes Senate – Passed Unanimously Conforming Probate Code to §633.72 (Manner of Service), Amends §633.82 (Designation of Attorney), and Amends §633.418 (Form and Verification of Claims). on the floor; House – Passed EDMS Standards Unanimously on the floor Signed by Governor SF 2099 Amend §635.7 to clarify that, when the Personal Representative files a statement of conversion to or from small estate administration, the Clerk will make the Senate – Amended a second Small Estate Changes conversion without court order; and amend §635.8 to provide clarification to the procedure for closing by sworn statement. time and Passed Unanimously on the floor and messaged back to the House; House – Awaiting floor vote on newly amended language SF 2234/ HF 2229 Code §633.31 is currently being applied inconsistently throughout the state. There are now several district court cases declaring the clerks in at least six counties to Senate – Awaiting Ways and Revised Calculation of Probate be calculating court fees inappropriately. The bill addresses how the clerk of probate court determines and collects charges in connection with services provided in Means Committee Vote Court Fees probate matters. Excludes from the determination of court fees property over which the court lacks probate jurisdiction and for which the clerk renders no services. House – Passed through Ways Increases fees in §633.31 to keep impact of change in treatment of non-probate assets revenue neutral to the state by striking the existing fee structure and and Means creating at 0.25% administration fee. The legislation also creates a $185.00 filing fee while removing many of the individual charges associated with probate. SSB 3011/ HSB 606 Funeral and burial costs are paid from a decedent’s estate, but the decedent is not given a say in the funeral and burial process. The proposal will allow a person to Awaiting subcommittee in the Funeral Directives define “reasonable funeral and burial costs” so that an heir cannot subvert the person’s testamentary intent. Senate (Sinclair, CH., Edler & Taylor); House - Subcommittee did not recommend passage Updated 3/30/18
THE IOWA LAWYER 16 APRIL 2018 What is Iowa SMART FOR YOUR CLIENTS LawPAC? Good for Your Community
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IOWA STATE BAR ASSOCIATION — 2018 Affirmative Legislative Program Bill No./Subject Description Status
HF 2125 Amends Code § 633.356 addressing the distribution of property by affidavit for a very small estate. The legislation increases the amount of a qualifying estate Senate – Passed Unanimously Very Small Estates from $25,000 to $50,000. Also adds to the current requirements of the affidavit the following: that no debt is owed to the Iowa Department of Human Services on the floor; House – Passed for reimbursement of Medicaid benefits, or if there is it will be paid to the extent of the funds received; that no inheritance taxes are owed; and that creditors will Unanimously on the Floor be paid to the extent of funds received pursuant to the affidavit. Signed by Governor
SF 2303 Amends §450.48 to clarify satisfactory security to the Department of Revenue to include but not be limited to bank or securities accounts with an irrevocable Senate – Passed Deferred Payment of Taxes – pay on death or transfer on death provision naming the department of revenue, an escrow agreement with an attorney under which the funds will be held in the Unanimously on the Floor; Options to Bonding attorney’s trust account, or the lien imposed by the chapter. House – Placed on Unfinished Business Calendar
SSB 1090 The bill creates an exception to the rule against perpetuities if the Trustor explicitly suspends the rule and if the Trustee has the power to sell trust assets. SSB1090 Rule Against Perpetuities No House Companion
HF 2318 Remedies issues arising from Iowa Court of Appeals decision Firestone v. FT13 (Filed 4-30-14) relating to redemption issues arising from ownership of property Senate – Passed Unanimously Redemption from Tax Sale of by minors or persons of unsound mind. on the Floor; House – Passed Property Owned by Persons with Unanimously on the Floor Disabilities Signed by Governor
HF 2232 Remedies ambiguities and inconsistencies in existing statutes & provides remedies for failure of mortgagees to issue releases of mortgages. Senate – Passed Unanimously Requirements for Timely Filing on Senate Floor, House – Passed of Releases or Satisfactions of Unanimously on the Floor Mortgages Signed by Governor
HF 2175 This bill completely reorganizes and renumbers Iowa Code chapter 651, and repeals Division XII of the Iowa Rules of Civil Procedure governing partition Senate – Passed Unanimously Real Estate Partitions procedures. The proposed legislation divides chapter 651 procedures into two divisions, general procedures applicable to all partitions and special procedures on the floor; House – Passed applicable to “heirs property,” partitions. This bill adds a definition section, new sections clarifying court procedures governing the initial decree, the appoint- 99-1 on the floor ment of a judicial referee, the appraisal order, and the final determination of real property value. Finally, this bill specifically authorizes the equitable remedy Sent to Governor known as “owelty” in Iowa partition actions and provides that attorney fees in partition actions are to be fixed by the court in a reasonable manner and taxed as part of the court costs. HSB 63 Makes changes to procedures for eviction after forfeiture of a real estate contract. Grants statutory authority under Code Chapter 648 for a vendor in a real AIn House Judiciary Forcible Entry & Detainer estate installment contract to seek Forcible Entry & Detainer action against holdover vendee who fails to vacate after forfeiture proceedings are complete, while No Senate Companion Actions After Forfeiture of affording holdover vendees proper due process. Allows small claims magistrates to hold preliminary hearings in forfeiture cases and to enter judgments of Real Estate Contracts removal only if the defendant defaults or appears and does not raise facts which would constitute a defense to eviction. Updated 3/30/18
THE IOWA LAWYER 17 APRIL 2018 Features Bench-Bar Conference 2018 Bench-Bar IN THIS TOGETHER This year’s Bench-Bar Conference will be dedicated to the problems that the community of lawyers and judges in Iowa face with the increased fiscal burdens placed on the judicial branch. Presenters, including Iowa Supreme Court Chief Justice Mark Cady, Justice Edward Mansfield, Court of Appeals Judge Mary Tabor, Sen. Robert Hogg and Sen. James Carlin, will cover the topics of legal ethics, building coali- tions with those outside of the judicial branch, and improving internal relationships among the bench and bar. If you’ve never been, there’s no better time to see for yourself the great fellowship that hap- pens at the Bench-Bar Conference. What other CLE features golf, bike riding, beer tasting, an art and wine event, and fun walks/runs with Iowa lawyers and judges? Come see for yourself May 9-11 in Waterloo!
“THE BENCH-BAR CLE IS AS MUCH ABOUT THE SOCIAL ASPECT AS IT IS THE EDUCATIONAL. AS A YOUNG LAWYER, I REALLY ENJOYED THE OPPORTUNITY TO GET TO KNOW IOWA JUDGES OUTSIDE THE COURTROOM. WHEN YOU’VE BIKED WITH A DISTRICT COURT JUDGE OR WINE-TASTED WITH A SUPREME COURT JUSTICE, IT MAKES APPEARING IN COURT A LESS NERVE- WRACKING EXPERIENCE. I’VE BEEN TO TWO OF THESE CLES AND I HAD A GREAT TIME AT BOTH OF THEM. TURNS OUT JUDGES KNOW HOW TO HAVE FUN, TOO!” Gina M. Christensen Messamer, Parrish Law Firm – Des Moines
THE IOWA LAWYER 18 APRIL 2018 “Bench-Bar is a great opportunity for lawyers and judges of all levels of experience to get to know and learn from each other, and is especially important today because EDMS has significantly reduced face-to-face interactions at Iowa's courthouses. The recreation and social events, casual attire and first name requirement engender an enjoyable environment conducive to collaboration and relationship building. Time well spent!” Justice Thomas D. Waterman, Iowa Supreme Court
Bench-Bar “THE BENCH-BAR CONFERENCES ARE AMONG THE BEST LEGAL EVENTS IN registration fees IOWA. THEY ARE WONDERFUL OPPORTUNITIES TO GET TOGETHER OUTSIDE THE Attorneys ISBA YLD Members (1-5 years) - $150 COURTROOM OR OFFICE. IF WE ARE TO PROMOTE COLLEGIALITY AND CIVILITY, ISBA Members - $260 THERE IS NO BETTER PLACE THAN THIS.” Non-ISBA Members $360 ” Chief District Judge John Jarvey, Southern District of Iowa Judges ISBA Member Judges - $125 Non-ISBA Member Judges - $150 “For the last 20 years, the Iowa Bench-Bar Conference has served as a catalyst for evolving Law Clerks collaborations between lawyers and judges. Examples are legion. It was at a Bench-Bar $125 Conference that lawyers and judges reached a joint resolve to manage unrepresented litigants rather than resist their participation in the legal system. It was the Bench-Bar discussion that See registration information on page 21. energized much needed aid by lawyers and judges in outreach and public-education efforts when ramped-up communication was critical to public trust and confidence in the Iowa courts. The conference has led the way in bringing Iowa's legal thinkers and doers together to address other reforms, too, in technology, cost-effective justice, access to justice and Need courthouse security--just to name a few.” Business Valuations Senior Judge Annette J. Scieszinski, District 8A and Litigation Support?
“Heather Prendergast and I talked at the 2016 Bench-Bar Conference in Davenport Over 30 years of experience about trying to get the next Conference to Waterloo because there are so many in litigation support, forensics great things that this community is doing, from renovating historic buildings and business valuations. downtown (including the hotel that is hosting the conference), supporting its museums and cultural districts, and building new spaces that are vastly improving our city. Waterloo has many people dedicated to its success, and a lot of this work CPA/ABV/CFF, ASA.* is now coming to fruition. I’m excited that so many in the Iowa legal community will be able to see some of these great things firsthand during the conference.” *Accredited in Business Valuation Luke C. Jenson, Swisher & Cohrt, P.L.C. - Waterloo by the AICPA; Certified in Financial Forensics by the AICPA; Accredited Senior Appraiser by the American Society of Appraisers. “There has never been any other seminar where I have departed with a renewed sense of purpose and energy about my practice and my colleagues other than Bench-Bar. Having the When credentials count. ability, over three days, to socialize, communicate and connect with other members of your profession in a relaxed, casual environment is essential. In this current environment where ,
email often rules, personal contact has lost its way. Bench-Bar can remind both seasoned 4500 Westown Parkway, Suite 125 lawyers and new lawyers that personal contact can always be successful.” West Des Moines, Iowa 50266 Heather Prendergast, Roberts Stevens & Prendergast PLC - Waterloo Phone: 515.222.6203 E-mail: [email protected]
THE IOWA LAWYER 19 APRIL 2018 ”12225_CMandelbaum_Ad.indd 1 9/1/09 3:08:40 PM Bench-Bar Conference IN THIS May 9-11 Courtyard by Marriott TOGETHER Waterloo
Presenters include: There’s NO BETTER TIME to see for yourself the great Cady Mansfield fellowship of the ISBA than at THIS YEAR’S Bench-Bar Conference.
Lekar Randell Exceptional CLE presentations mixed with:
• Golfing • Biking • Painting • Exploring The perfect CLE event! Samuelson Tabor www.iowabar.org/event/2018BB Registration Form: 2018 Bench-Bar Conference
Name: ______Member #: ______Phone #: ______Address: ______City, State, Zip: ______E-mail: ______
REGISTRATION FEES Prices below reflect the early-bird registration fees. Registering after May 4 will result in a $50 late fee being added on to your registration fee amount. Attorneys Judges ___ ISBA YLD Members (1-5 years) - $150 ___ ISBA Member Judges - $125 ___ ISBA Members - $260 ___ Non-ISBA Member Judges - $150 ___ Non-ISBA Members $360 Law Clerks ___ Law Clerk - $125 Social Events Please select participating events: Wednesday - May 9 ___ Court of Appeals Reception at the John Deere Museum* Thursday - May 10 ___ Fun Run and Walk* ___ Tennis and Biking (rentals not included)* ___ Golf - $40 (not included with registration) ___ Iowa Supreme Court Reception & Banquet* Group painting will take place at 515 Wine with Design. Attendees must register through the company’s website. See Bench- Bar event page for information. Friday, May 11 ___ Fun Run and Walk* *complimentary event with registration Thursday’s Lunch (provided with in-person registration): ___ Yes ___ No
Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ American Express ___ CLE Season Pass** **CLE Season Pass holders, please note that the pass will cover the cost of the CLE program, however, it will not cover the cost of the golf or wine event.
TOTAL: $______
Credit Card #: ______Exp. Date: ______Cardholder Signature: ______Special Considerations (dietary, hearing, vision, etc.): ______Return registration form to: ISBA CLE, 625 E. Court Ave., Des Moines, Iowa 50309 or fax (515) 243-2511 For questions: phone (515) 697-7874 or e-mail [email protected] Cancellation policy: Registration refunds will be issued only if written notification is received by the Bar Office by May 1, 2018. Written notification canbe mailed, faxed, or e-mailed to the bar office. Columns Transitions Transitions
Elisabeth Archer has joined Cesar Juarez and Lawrence J. Iowa, the Federal Courts of The Weinhardt Law Firm in Roland have joined Goosmann the Northern and Southern Des Moines as an associate Law Firm in Sioux City. Districts of Iowa and the where she will focus on complex Juarez has been named United States Supreme Court. civil disputes and white collar partner in the firm’s Sioux Falls, Archer criminal defense. Archer served Juarez South Dakota, office. He advises Alec J. Modrick has joined as an Assistant Polk County business and governmental the Lynch Dallas, P.C., law firm Attorney in Des Moines prior to entities in cases where the in Cedar Rapids as an associate joining Weinhardt, and served accuracy and content of Spanish attorney. Modrick received his as a judicial clerk for Chief communications are important. J.D. from the University of Iowa Judge John A. Jarvey of the He works with business owners, Modrick College of Law in 2015. He is a United States District Court for executives and HR profession- member of the firm’s tax and the Southern District of Iowa. als to facilitate the accurate estate planning, probate & trust She received her J.D. from the communication of personnel administration practice groups. University of Iowa College of policies and procedures to Before joining Lynch Dallas, Law and interned with the Spanish-speaking employees. P.C., he practiced with Prichard Honorable Edward Mansfield Roland joins the firm’s Omaha Law Office, P.C. in Charles City. and the Honorable Thomas office. He solves problems involv- Modrick’s practice will focus on Waterman of the Iowa Supreme ing trucking and transportation, transactional law. Court, as well as with the United employment and labor law, liti- States House of Representatives gation and trial law, banking and Justin J. Randall has joined in Washington, D.C. Roland finance, business, administrative McCormick & Associates, law, cyber law and telecommuni- P.C. in West Des Moines as an Keith Duffy has been admit- cations, and estate and business associate attorney. Randall ted to Nyemaster Goode, P.C., succession planning. received his J.D. from Drake in Des Moines as a shareholder. Randall University Law School in 2009. Duffy is a member of the firm’s Thomas C. Verhulst has He will maintain a general litigation department, and his been named a partner at litigation practice with a Duffy practice includes the defense of Beecher, Field, Walker, Morris, focus on creditors’ rights, claims of bad faith related to the Hoffman & Johnson, P.C. in landlord-tenant disputes, handling of workers’ compen- Waterloo. He joined the firm in family law, personal injury, sation submissions. He has Verhulst 2015 to serve clients seeking commercial law and DUI and represented insurance carriers, legal counsel in civil litigation, traffic defense. Prior to joining employers and administrators personal injury, business, real the firm, Randall worked in the accused of bad faith denial of estate and estate planning. commercial claims unit of a benefits in state and federal He received his J.D. from the national property and casualty court and has also represented University of Iowa College of insurer and as a litigation at- clients before the Iowa Workers’ Law in 1988. He is licensed to torney in private practice. Compensation Commissioner. practice in the State Courts of Sarah Wilson has joined BrownWinick Law Firm in Des Moines as an associate. She received her J.D. from Drake University Law School in 2017. Wilson During law school, she was a law student intern for the Attorney Disciplinary Board at the Iowa Judicial Branch, rep- resented the Program Integrity Department at AmeriHealth Caritas Iowa, was a certified student attorney at the Drake Legal Clinic – Juvenile Delin- quency Clinic and at the Legal Aid Society of Story County.
THE IOWA LAWYER 22 APRIL 2018 CLE Calendar May 1 May 4 May 9 Current State of Medical Government Practice Custody Evaluations Malpractice in Iowa Seminar (Live Webinar) (Live Webinar) (In-person or Live Webinar)
May 16 May 14 May 18 May 9-11 Copyright Law and SHIIP: Helping Your Tax Law Update Bench-Bar Conference Recent Updates Clients with (In-person or Live Webinar) Courtyard by Marriott (Live Webinar) Medicare Issues Waterloo (Live Webinar)
May 21 May 29 June 13 June 13 Medicaid to Nursing Social Media Discovery Bringing and Defending Child Support Guidelines Home Care: Solving Semi- Issues in Litigation Willful Infringement (Live Webinar) Complicated Scenarios (Live Webinar) Claims (Live Webinar) (Live Webinar)
www.iowabar.org/calendar
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THE IOWA LAWYER 23 APRIL 2018 Features BOG Spring Quarterly Meeting Right: Robert Fischer, a member of the Board of Governors from District 6, reported on his experience in losing his office building in a fire. There is an article in the March 2018 Iowa Lawyer on Robert’s experience. As part of his presentation, he discussed Board of Governors the importance of scanning documents, maintaining documents in a secure location and conducting a regular insurance review SPRING to make sure there is adequate coverage. QUARTERLY MEETING ISBA BOG nominates officers, approves creation of scope and correlations-focused task force uring the spring ISBA Board of • Approved amendments to the ISBA posals to cut the Judicial Branch’s funding Governors quarterly meeting in Bylaws recommended by the Scope as well as proposed legislation to require D Des Moines, the BOG approved and Correlations Committee and the a super majority vote for the Supreme nominations of new 2018-2019 ISBA officers, creation of a task force to review the Court to hold a statute unconstitutional. acted on committee recommendations ISBA Board of Governors structure and President Eckley reported that he traveled and heard reports on key issues impacting the ISBA YLD Board structure. to meet with various local county bar asso- Iowa attorneys. • Authorized ISBA staff to develop ciations. He also recently wrote a letter to Actions and implement the public outreach the editor of the Mason City Globe Gazette programs on a variety of legal topics on the independence of the judiciary. • Approved Iowa Legal Aid’s resolution that provide legal information and and confirmation of Iowa Legal Aid ISBA Executive Director’s Report – ISBA refer attendees to an appropriate Board Members. Executive Director Dwight Dinkla and resource including the ISBA Find- • Approved the nomination of new Assistant Executive Director Harry Shipley A-Lawyer program. 2018-2019 ISBA officers, Bill Boyd ISBA Executive Director Dinkla – President-elect, Jerry Schnurr III Reports provided a report on membership. He – Vice President, and ABA Delegate President’s Report - President also introduced Christy Cronin, who is candidate, David L. Brown. Steve Eckley the ISBA CLE Director. In 2017, Cronin • Approved the Ways and Means Com- ISBA President Eckley provided a report was responsible for 331 hours of ISBA CLE mittee’s recommendation to increase on activities since the last board meeting. programming. section dues by $5 in 2018-2019. The ISBA was active in responding to pro- Harry Shipley, assistant director of the ISBA, made a presentation on services available (or soon to be available) to members, including an ISBA child support calculator. At the ISBA Annual Meeting, there will be sessions on services available Attention Iowa Litigators to members. Shipley also reviewed the enhanced section and committee webpages that are being developed. He also reported on a proposal for the ISBA to organize outreach programming to help people understand the legal process. The board approved the program, which will have no funding impact on the ISBA. ISBA Ways & Means Committee Chair Eric Turner reported on the financial condition of the ISBA. A recommendation by the committee to increase section dues by $5 was discussed and approved. The ISBA is investing in technology upgrades that will have a significant positive impact on sections.
YLD President’s Report - YLD President www.IowaMediators.org Tom Hillers YLD President Hillers and Kyle Fry
THE IOWA LAWYER 24 APRIL 2018 Left: Both Senator Brad Zaun, the chair of the Senate Judiciary Committee, and Representa- tive Zach Nunn, the chair of the House Judiciary Committee, spoke to the board about various legislation as well as the challenges regarding the Judicial Branch funding.
gave a presentation on the threats of from the University of New Mexico Law Bylaws. Many of the amendments were technology to the practice of law. They School has been appointed the 18th dean in the nature of clean up and updating reviewed the development of advanced of the College of Law. He will start in the provisions to be consistent with computer programs that are threaten- June. Dean Agrawal also reported that Revised Iowa Nonprofit Corporation Act. ing to replace work that otherwise is law school applications were up from last The committee proposed to remove some performed by lawyers. Several companies year and that the Class of 2017 employ- committees from the bylaws that have have programs being designed to provide ment results were very good. not been functioning for several years services in the areas of real estate law, David McCord, assistant dean of Drake and to add certain other committees that family law and other areas. It was noted Law School, reported on two new hires have been active. The committees to be that there is a great need to market the at Drake. Suzanne Pritchett from the added to the bylaws include the Ethics & value and benefit of lawyers. There will be University of Wyoming Law School has been Practice Committee, the Fair & Impartial an effort to facilitate targeted marketing named director of clinical and experiential Courts Committee, and the Rural Prac- in Iowa promoting the value and benefit programs and associate professor of law. tice Committee. There was discussion of lawyers. The effort will first focus on Chris Holman will be joining Drake from by the Board of Governors with regard certain communities in Iowa. University of Missouri – Kansas City and to the Membership Committee. It Maggie White, YLD vice president, will be teaching intellectual property law. was determined that such committee reported on the mentoring program. YLD would remain in the bylaws but with a has matched 52 mentees with 56 mentors. Scope and Correlation Committee Re- revised description of duties. The board port. – ISBA Past President Cindy Moser approved the bylaws as proposed with Reports from the Law Schools Cindy Moser chairs the Scope and certain modifications. Gail Agrawal, dean of the UI College Correlation Committee. She reported of Law, announced that Kevin Washburn on proposed amendments to the ISBA
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THE IOWA LAWYER 25 APRIL 2018 2018 ISBA LAWYER-LEGISLATOR BREAKFAST: HELD MARCH 21 AT THE ISBA HEADQUARTERS IN DES MOINES
More than 70 legislators RSVP’d for the 2018 Annual Breakfast at the Bar. Rep. Chip Baltimore, a lawyer from Boone, talks with Iowa Supreme Court Chief Justice Mark Cady.
Sen. Liz Mathis from Cedar Rapids poses with ISBA President Steve Eckley.
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Lawmakers and bar leadership discussed items of legislative importance to the ISBA.
THE IOWA LAWYER 26 APRIL 2018
Iowa Legal Aid’s DISCIPLINARY Equal Justice OPINIONS After Hours Prepared by a YLD committee: Rebecca Reif, Ahlers & Cooney, P.C. – Chair; Kelsey Crosse, Davis Brown; Patrick McElyea, Attracts Hundreds Assistant Scott County Attorney; Sam Charnetski, Shindler, Anderson, Goplerud & Weese; More than 300 attorneys, justices, judges Bryan O’Neill, Dickinson Law Firm; Laura Wasson, Dickinson Law Firm and others attended the 15th annual Iowa Legal Aid’s Equal Justice After Hours event Sean Joseph Barry months; failed to reasonably inform (and on Thursday, March 22, raising $13,075 in February 23, 2018 in fact misled) the Millers about the status pledges in response to an ISBA Board of No. 17-1415 of petition in violation of Rule 32:1.4(a); Governors challenge. License Suspension failed to promptly comply with reasonable ISBA President-elect Tom Levis urged Sean Barry has been licensed to practice requests for information in violation of the crowd to dig deep into their pockets to law in Iowa since 2008. At the time of the Rule 32:1.4(a)(4) by failing to respond to match the $9,875 that was pledged by ISBA conduct giving rise to this action, he was the Millers’ requests for status updates; governors at their quarterly meeting the practicing at Montgomery, Barry, Bovee & committed forgery in violation of Rule day before. Barry, in Spencer. 32:8.4(b) by copying the judge’s signature You can add your support for the work In May 2014, Barry was hired to to the fraudulent decree; engaged in dis- being done by Iowa Legal Aid by visiting represent Richard Miller in a dissolution honest, fraudulent, and deceitful behavior iowalegalaid.org/donate. of marriage proceeding. Barry met with in violation of Rule 32:8.4(c) by knowingly Miller and his brothers to obtain factual and intentionally misleading the Millers; information to prepare the dissolution and engaged overall in conduct prejudicial petition and stipulation. Although Miller to the administration of justice in violation signed the prepared petition, Barry failed of Rule 32:8.4(c). to file or serve it. In discussing sanctions, the court noted For the next several months, Barry it “did not condone Barry’s lack of diligence “repeatedly lied” to Miller and his brothers and other violations” of the ethical rules, about filing the dissolution petition, and but his most egregious violation was forging provided false facts about the progression a judge’s signature. The court considered of the case. On July 8, 2015, Barry provided Barry’s voluntary cessation of his license, one of the brothers with a fraudulent community service, depression, remorse, divorce decree containing a judge’s copied and self-reporting to be “deflated” mitigat- signature. Without the judge’s knowledge ing factors, as well as the fact his law prac- or authorization, Barry attached the judge’s tice was in transition with the retirement fraudulent signature to a decree, and of two partners. The aggravating factors inserted case number and file-stamp data. considered by the court included Barry’s Miller’s family went to the courthouse, and “grave and serious breach” of the ethical learned there was no dissolution matter rules by committing misrepresentation and Iowa Supreme Court Chief Justice Mark Cady (left) talks with Iowa on file. The court’s chief judge filed a com- forgery, as well as Barry’s perpetuation of Attorney General Tom Miller and ISBA President-elect Tom Levis during plaint with a letter from the Miller family his deception over 14 months, prior disci- and copy of the forged decree. plinary history, and harm to his vulnerable the 15th annual Equal Justice After Hours event March 22. The event was The Supreme Court considered six client. Barry’s license was suspended for held in the Principal Financial building in downtown Des Moines. violations of the rules of professional one year, and he must provide an evaluation conduct. The court held Barry failed to from a licensed health care professional U of I Selects exercise due diligence in violation of verifying his fitness to practice law prior to New Dean Rule 32:1.3 by never filing the completed reinstatement. dissolution petition despite the lapse of 14 Kevin Washburn, Regents professor of law and former dean at the University of New Mexico School of Law, has been named the N. William Hines dean of the University of Iowa College of Law beginning June 15. He ... WE BUY REAL ESTATE .. will be the 18th dean of the college, which • STAT S • D V C • CL SU was founded in 1865. • ANK UPTC • PU L C NU SANC • LAND C NT ACTS Washburn, 50, succeeds Gail Agrawal, • T TL P L MS • PA T AL NT STS • M TGAG S L NS who has served as dean since July 2010. Agrawal ANY PRICE, CONDITION, SITUATION announced last August NO CONTINGENCIES, FAST & FLEXIBLE CLOSINGS that she would step down from her role as dean by June 30. She will continue (515) 344-4341 at the college as a mem- ber of the law faculty. www.DesMoinesHomeBuyers.net
THE IOWA LAWYER 27 APRIL 2018 Columns Classifieds POSITIONS AVAILABLE Rita Bettis at [email protected]. No calls jobs/10827355/staff-attorney-or-fully-accred- APPELLATE COURT STAFF ATTORNEY please. Please put “Staff Attorney” in the ited-representative subject line of your email. I – State of Iowa Judicial Branch – Court MANAGER, GEICO STAFF COUNSEL of Appeals, Des Moines, IA – Seeking ASSOCIATE ATTORNEY – Stumme, – GEICO Staff Counsel, Des Moines, IA – attorney to assist one or more judges of the Collins, Gritters & Epley, PLLC, Waverly, GEICO Staff Counsel is seeking a managing Court of Appeals by researching issues and IA – Seeking a highly motivated individual attorney for a new Iowa office located in preparing memoranda or drafting proposed who wants to become part of a well-re- Des Moines. Under general supervision, opinions. Reviews and edits final opinions spected team of attorneys in a growing this position involves management of all prior to filing. Attends oral arguments and and vibrant community. The candidate activities relating to defense of lawsuits provides input. Assists with the preparation is expected to be independent, take against GEICO insureds in liability of special concurrences or dissents. Grad- initiative and be extremely professional suits in courts of limited and unlimited uation from an ABA-accredited law school and motivated. Our team of attorneys will jurisdiction. The managing attorney will with strong academic credentials; admis- work to mentor and teach the candidate be responsible for administration of the sion to practice law in Iowa; minimum of to become a quality lawyer. To apply, visit office including oversight of all day-to-day two years post-graduation legal experience. http://careers.iowabar.org/jobs/10837165/ operations; evaluation and maintenance of To apply, visit https://www.iowacourts.gov/ associate-attorney staffing needs; submission of budgets and iowa-courts/career-opportunities/ business plan, projections; and adminis- LATERAL ATTORNEYS – Fredrikson & tration of salary plan, merit reviews and INTELLECTUAL PROPERTY ATTORNEY Byron, P.A., Des Moines, IA – Fredrikson performance evaluations. To apply, visit – Stanley, Lande & Hunter, Davenport, & Byron’s growing Des Moines office http://careers.iowabar.org/jobs/10833633/ IA –We are seeking a highly motivated provides an exceptional platform of legal, manager-geico-staff-counsel attorney for the firm’s Davenport office business development, and administrative to assist in our Iowa and Illinois business resources to take your practice to the next STAFF ATTORNEY – Iowa Legal Aid, practice. Experience preferred in com- level. We welcome inquiries from high-skill, Des Moines, IA – Iowa Legal Aid has a mercial transactions, including business shareholder-level attorneys looking to staff attorney opening in its Central Iowa purchases and sales, business planning, expand their existing books of business. Regional Office located in Des Moines. Staff and real estate. Candidates should have 3-7 Practice in business transactions, banking, attorneys provide free legal assistance and years of practice experience in transac- health care, intellectual property, employ- community legal education to low-income tional work and possess excellent client ment, or construction a priority. To express people. Assistance ranges from providing development skills. License and experience interest, please contact Nancy Howard, counsel and advice to representation before in Iowa and Illinois preferred. All inquiries Manager of Legal Recruiting, at nhoward@ various agencies and courts. To apply, visit will be kept confidential. fredlaw.com. Learn more about us at www. http://careers.iowabar.org/jobs/10834020/ STAFF ATTORNEY (Three Year Position) fredlaw.com. staff-attorney – ACLU of Iowa, Des Moines, IA – Seeking STAFF ATTORNEY OR FULLY ACCRED- STAFF ATTORNEY – COMMUNITY ECO- a full-time staff attorney for a three-year ITED REPRESENTATIVE – Iowa Justice NOMIC DEVELOPMENT PROJECT – Iowa position, to begin late spring/early summer for Our Neighbors, Des Moines – Seeking Legal Aid, Des Moines, IA – Staff attorney 2018. The staff attorney will work under the an attorney who will coordinate and provide to work in Iowa Legal Aid’s Community direction of the Legal Director. Submit a immigration legal consultation services at Economic Development Project. Iowa Legal letter of interest, resume, two professional clinics held at sites across Iowa. This will Aid’s CED program project helps low-income writing samples of no longer than seven involve travel to at least two clinic sites Iowans in distressed communities grow their pages each (one legal and one non-legal outside Des Moines each month. Respon- businesses into the employers of tomorrow preferred; otherwise, two legal), and three sibilities include direct client services as through sound legal advice and transaction- professional references including their well as training and supervising volunteers. al legal assistance. Staff attorneys with Iowa email, phone, and relationship to you, to To apply, visit http://careers.iowabar.org/ Legal Aid provide free legal assistance and community legal education to low-income people. To apply, visit http://careers.iowabar. org/jobs/10834007/staff-attorney-communi- ty-economic-development-project Des Moines – Adel – Quad Cities MANAGING ATTORNEY – LEGAL Mediation and Arbitration Services HOTLINE FOR OLDER IOWANS – Iowa Attorneys specializing in workers’ compensation, civil litigation, and family law cases Legal Aid, Des Moines, IA – Seeking an attorney to manage the Legal Hotline for Older Iowans. The managing attorney is responsible for a wide range of legal and administrative responsibilities. Iowa Legal E.J. Valerie A. Matthew A. Jane V. M. Anne Jeff H. Karla J. Paul L. Kelly Landis Grotnes Lorentzen McAtee Jeffries Fultz Macek Aid provides high quality legal services in Workers’ Workers’ Workers’ Workers’ Workers’ Civil Litigation Family Law Civil Litigation & Compensation Compensation Compensation Compensation Compensation Family Law areas of priority identified by its board of Our offices are available with Wi-Fi, convenient free parking, and accommodations for large mediations directors. It has a strong commitment to Phone: (515 )-244-0111 community legal education. Priority areas www.hhlawpc.com for the Legal Hotline include health care,
THE IOWA LAWYER 28 APRIL 2018 Columns Classifieds housing, public benefits, elder abuse, ASSOCIATE ATTORNEY – Gurstel Law school transcript, and writing sample by nursing homes, end-of-life planning, Firm, West Des Moines, IA – The associ- e-mail to: Anna Lloyd, Attorney Recruit- consumer protections and other necessi- ate attorney is a results-driven individual ing Manager, Stinson Leonard Street, ties. To apply, visit http://careers.iowabar. with experience in or the desire to become 1201 Walnut, Suite 2900, Kansas City, MO org/jobs/10833972/managing-attorney-le- experienced in the consumer collection in- 64106, [email protected] gal-hotline-for-older-iowans dustry. The associate attorney is charged with providing thorough and practical ASSOCIATE ATTORNEY – Bordwell Law ASSISTANT COUNTY ATTORNEY I – assessments and advice while advocating Office, Washington, IA – The Bordwell Office of the Johnson County Attorney, for clients in and out of court during the Law Office, P.L.C., an established general Iowa City, IA – Seeking an attorney to legal collection process. To apply, visit practice law firm in Washington, is seek- serve in the criminal division: prosecute http://careers.iowabar.org/jobs/10801614/ ing a highly motivated associate attorney misdemeanor and felony criminal cases; associate-attorney with a commitment to becoming a practice supervise diversion programs; represent owner. The ideal candidate will be ad- the petitioner in civil commitments; CONTRACT ATTORNEY – Belin mitted to the Iowa bar and have 1-5 years’ advise law enforcement agencies; repre- McCormick, P.C., Des Moines, IA – Belin experience. Recent graduates will also be sent the state and county in other legal McCormick, P.C., seeks a contract attorney considered. Experience in probate, estate proceedings; other duties as assigned. to perform document review on a large planning, real estate, abstract examina- To apply, visit http://careers.iowabar.org/ case and to perform other projects related tion and small business entities preferred. jobs/10823071/assistant-county-attorney-i to the case. We need to fill this position All inquiries will be kept confidential. as soon as possible so availability will Interested candidates should send a cover INTELLECTUAL PROPERTY ATTORNEY be considered in selecting a candidate. letter describing why you are interested in – BrownWinick Law Firm, Des Moines, Rate of compensation will be based on this opportunity, resume, and references IA – Due to continued growth, Brown- experience. Length of assignment will to Richard Bordwell, Bordwell Law Office, Winick, a leading Iowa law firm, seeks a be through early- to-mid-July unless the P.O. Box 308, Washington, IA 52353 or via qualified attorney to join its Intellectual case settles before then. To apply, visit email to [email protected]. Property practice group. The ideal can- http://careers.iowabar.org/jobs/10800846/ didate will be registered with the federal contract-attorney COUNSEL-AGRI/FARM INSURANCE – patent bar and have at least two years of Nationwide Insurance, Des Moines, IA experience in preparation and prosecution STAFF ATTORNEY (SPED and AT) – – The Counsel position provides claims/ of patent applications. Experience with Disability Rights Iowa, Des Moines, IA legal support for all Nationwide Agri- trademark prosecution a plus, but we can – The staff attorney shares responsibility business (NWAG) and Farm for casualty, train the right person. Willingness to work with other legal and advocacy staff for pro- property and workers comp claims across in a fast-paced, strong team environment viding information, technical assistance, the country. The position is located in is a must. Confidential inquires, includ- outreach and training, and representation Nationwide’s Des Moines office and will ing cover letter, resume and law school in administrative and judicial proceedings work directly with the NWAG leadership transcript (unofficial is acceptable) should of clients with physical, cognitive or men- team in that office. To apply, visit http:// be directed to: Debi Bull, Recruiting tal disabilities. This particular position careers.iowabar.org/jobs/10781572/ Coordinator, BrownWinick Law Firm, 666 will focus on individual and systemic counsel-agri-farm-insurance Grand Avenue, Suite 2000, Des Moines, IA special education issues and assistive 50309, E-mail: [email protected] technology in the K-12 context. Please LITIGATION ATTORNEY –Crary Huff send cover letter, resume and writing Law Firm, Sioux City, IA – Crary Huff CONTRACTS ADMINISTRATOR sample to DRI Operations Manager, Katie Law Firm is seeking an experienced (Sponsored research specialist) – The VandeVorde at [email protected]. litigation attorney for its office located in University of Iowa, Iowa City, IA – No telephone calls please. Sioux City. Candidates should have at least Seeking highly motivated, organized and two years of practice, primarily in civil service-oriented professionals to assume ATTORNEY – Stinson Leonard Street litigation. Excellent research and writing a key contract negotiator/administrator LLP, Mankato, MN – Stinson Leonard skills are required, and trial experience role. Responsibilities include reviewing, Street LLP (www.stinson.com) is seeking is preferred. Iowa bar admission required. drafting, negotiating and administer- an attorney with experience in the areas All applications will be handled confiden- ing research-related agreements. The of corporate law, business transactions, tially. Send resume and cover letter to successful candidate will use independent business succession planning, secured Crary Huff Law Firm, Attention Mick Con- judgment to determine and negotiate lending transactions and/or commercial nealy, Personnel Partner, PO Box 27, Sioux acceptable terms for a variety of contracts real estate to join our Mankato, Min- City, IA 51102 or mconnealy@craryhuff. including funding agreements, data use nesota, office. The preferred candidate com. Equal Opportunity Employer. agreements, confidentiality agreements, is self-motivated and team-orientated, material transfer agreements, and with the ability to work in a fast-paced HEARING OFFICE – Attorney Advisor/ outgoing subawards. For a complete job collaborativse environment. While Decision Writer – Social Security Admin- description, email wendy-loney@uiowa. this position is based in Mankato, the istration - Office of Hearings Operations, edu. To apply, please visit Jobs@UIOWA attorney will have the ability to partner West Des Moines - Our Attorneys advise at https://jobs.uiowa.edu/ and reference with our greater Stinson team and serve and assist Administrative Law Judges Requisition # 72451. Or click on: https:// clients throughout our offices. Please (ALJ) on complex legal issues, and draft jobs.uiowa.edu/pands/view/72451 send cover letter, resume, unofficial law legally sufficient ALJ decisions on disabil- ity applications. Incumbent develops and
THE IOWA LAWYER 29 APRIL 2018
Columns Classifieds on implements legal strategies and reviews, analyzes, and SPOTLIGHT develops cases. We have a few positions available in our West Des Moines Hearing Office. Applications will be accepted through close of business April 11, 2018. SERVICE Positions are at the GS-9, GS-11 and GS-12 grade levels, The ISBA Public Relations Committee will be honoring an Iowa depending on qualifications. For application instruc- attorney or group of attorneys each month in this special feature tions visit http://careers.iowabar.org/jobs/10876451/ in The Iowa Lawyer. If you would like to nominate someone to be hearing-office-attorney-advisor-decision-writer recognized for his or her work in the community, please contact Melissa Higgins, [email protected]. TRANSACTION ATTORNEY – Duncan, Green, Brown & Langeness, P.C., Des Moines, IA – Seeking Joel Greer, an attorney in Marshalltown Parent Teachers Association. an attorney experienced in business transactions, and past president of the ISBA, has a Greer married someone with the business organization, and/or estate planning. Other resume that is 15-pages long. You might same dedication to volunteer work. His areas of practice may include trust and estate ad- think that just means he’s not a fan of wife, Sharon, was president of the Iowa ministration, trust and estate litigation, and general brevity, but you’d be wrong. It takes that Defense Counsel Association and the research/writing depending on experience and quali- many pages to list not only his profession- Substance Abuse Treatment Board. She fications. Flexible and alternative work arrangements al accomplishments, but also his extensive has served the city of Marshalltown as a will be considered. The qualified applicant will be an inventory of community involvement. planning and zoning commission member experienced transaction or trusts and estates prac- Greer is currently the mayor of and city councilor. Her father was titioner licensed to practice law in Iowa. Send cover Marshalltown, which means he gets to president of the National Pork Producers, letter and resume to Emily McAllister at emcallister@ lead the charge for positive change in his a 10-year state senator and a 10-year duncangreenlaw.com. community. But he’s already been doing county supervisor. that for decades. There are two particular “All of us in both families simply grew SPACE AVAILABLE volunteer endeavors that Greer says he is up with the expectation that you should OFFICE SPACE AVAILABLE – West Des Moines – most proud of in Marshalltown. During the help others, donate time and money, and Private space available in a shared office located in mid-1990s, he ushered a merger between come up with creative ideas to make West Des Moines $750/month. Rent includes utilities the YMCA and YWCA, which eventually led things better for everyone,” he explained. and internet. All you need is your own phone line! The to a streamlined organization and what This has also resulted in a legacy space features large, glare-proof windows, modern dark he calls “the nicest Y in the state.” He passed on to their children. The Greer’s wood floors and a professional atmosphere that sets also helped found Hughes Grove Historic older daughter, Kate, got the highest the scene for your success. For more information, call Neighborhood, Inc. in 1995, an organiza- award for a college athlete’s volunteerism 515.868.0088 or email [email protected]. tion that worked to turn several nuisance at Mizzou, where she created an athletic OFFICE SPACE AVAILABLE – Waterloo – Office properties into extra recreation and shoe donation program from college ath- space available for sole practitioner or small law firm. parking space for an elementary school. letes to children. Their younger daughter, Space includes conference room, restroom with shower The group donated playground equipment Erin, got her ISU Chi Omega’s top award and four additional office rooms available in downtown and sponsors school clean-ups, a Fourth of for volunteerism as well. Waterloo, located at 321 E. 4th Street. For more infor- July bike parade and picnic, and concerts Being involved and finding ways to mation email Carolyn at [email protected]. on the green. That particular effort earned help others is something Greer would Greer the Governor’s Volunteerism Award advocate anybody get involved in, but FOR SALE in 1996. especially attorneys. FULL-TIME ATTORNEY – D. Bradley Kiesey, Attor- He has been the president, chair or top “Attorneys have the training and ney – Seeking general practice attorney/attorneys to volunteer for 22 different organizations, leadership that make them natural assume long-time county seat law practice in southeast three of which (Rotary, the Iowa Division community leaders,” he said. “I hope this Iowa, wherein current attorneys approach retirement of the American Cancer Society and the message inspires younger lawyers to use age. Association available. Stand-alone premises able YM/YWCA) have dubbed him their best their talents and education to make a to accommodate 2-3 lawyers and staff, with furniture volunteer of the year. He also earned the difference in their communities.” and office machines available for sale on negotiable University of Iowa Alumni Association terms. Email [email protected] with cover (UIAA) Loren Hickerson Award for letter, resume and references. service, an award his father also received decades before. Greer calls this one of SERVICES OFFERED his most important volunteerism awards MEDIATION SERVICES – Judge Joel D. Novak, because of that family connection. retired from the Fifth Judicial District Court in 2011, To say that volunteerism is in his DNA has begun offering mediation services for any cases. would be an understatement. Greer’s Novak has 14 years’ experience as a trial attorney in father was president of the UIAA, as well civil litigation, 32 years’ experience as a trial judge as president of the International Society of and six years as a senior judge. He also served as Barristers and the Iowa Academy of Trial the first judge-in-residence at the Drake Law School Lawyers. Greer says his mother “did every Legal Clinic. For information and scheduling, call cub and boy and girl scout troop, band 515-279-5523, 515-480-1943 (no texts please) or email uniform fundraiser and Y fundraiser,” [email protected]. and her mother was president of the Iowa Left to right: Matt Taylor, Erin Greer, Sharon Greer, Joel Greer, Kate Greer, Peter Fenton
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TOM L. DREW 535 40th Street, Des Moines, IA 50312 Phone: (515) 323-5640 Fax: (515) 323-5643 Email: [email protected] THE IOWA LAWYER 32 APRIL 2018