Annual Meeting

the iowa state bar association Annual Meeting

june 10 - june 12

Held in conjunction with the Iowa judges Conference WELCOME

Welcome to The Iowa State Bar Association’s 2019 Annual Meeting. You and over 750 other individuals have committed to advancing your knowledge of and service to the legal profession by attending this year’s meeting. Over the next three days, you will engage in educational sessions, meetings and social events – all led and developed by your peers, Iowa’s legal experts.

Throughout the meeting, you will see the incorporation of wellness themes into CLE sessions and activities, such as yoga, a group walk and a healthy cooking demonstration. I encourage you to participate in these events and to ask yourself, “How do I promote wellness within my legal practice and day-to-day life?” As a legal association committed to the success of our members, we aim to help you improve both your personal and professional wellness.

Please join me and other bar association members at one or more of this week’s social events. Whether it is the ISBA Annual Awards Gala, the law school luncheons or the Young Lawyers Division’s BBQ Bash, I am confident you will enjoy your time. A full list of events can be found on page 4 of this program.

Thanks to several groups and individuals for their ongoing support and efforts in making this year’s conference possible: the ISBA Annual Meeting Committee, ISBA Board of Governors, our speakers and ISBA staff. I also thank you for attending this important event.

Should you have any questions or feedback about your experience at the 2019 annual meeting, we encourage you to share them with an ISBA staff member. We are here to ensure your time at annual meeting is a success.

Sincerely,

Dwight Dinkla Executive Director The Iowa State Bar Association

ISBA ANNUAL MEETING COMMITTEE

Hon. Paul Ahlers Kathleen Law (co-chair) Steven Reed Heather Carlson Erin Lee Schneider Halley Ryherd Anthony Carroll Miki McGovern Gail Sheridan-Lucht Deanna Clingan-Fischer Susan Mitchell Charles Smith Erin Herbold-Swalwell Christine Moon (co-chair) Tyler Smith Timothy Hill Mary Lynn Neuhaus Anne Updegraff Stephen Humke Bridget Penick Tara van Brederode Jennifer Juhler Ellen Ramsey-Kacena Lu Ann White

11 GENERAL INFORMATION

TABLE OF CONTENTS

Event Map - 3 Schedule of Events - 4 CLE CREDIT INFORMATION Social Events Guide - 5 Application has been made and approved for 17 CLE PROGRAMMING - MONDAY state hours which includes up to 7.5 ethics and 4.50 Pages 6-8 juvenile law hours. The total number of CLE credits Plenary Session earned depends on tracks attended. Case Law Track The event activity ID for this year’s annual meeting Elder Law Track is 327057. Judges Track #1 Judges Track #2 Monday Member Services Track Application has been made and approved for 3.75 state hours which includes up to 1 ethics and up to 1.75 juvenile law hours. CLE PROGRAMMING - TUESDAY Pages 9-13 Tuesday Plenary Session Application has been made and approved for 6.75 Family Law Track state hours which includes up to 2 ethics and up to Judges Track #1 2.75 juvenile law hours. Judges Track #2 Wednesday Member Services Track Application has been made and approved for 6.5 Real Estate/Commercial and Bankruptcy Track state hours which includes up to 4.5 ethics.

CLE PROGRAMMING - WEDNESDAY Beginning on page 19, a chart has been made Pages 14-18 available to assist attendees in the tracking of their CLE credit. Litigation Track Member Services Track CLE PROGRAM ATTENDANCE Probate Track Variety Track All annual meeting attendees are welcome to attend any of the educational sessions listed in this program, including the judges tracks. CLE Credit Guide - 19-21 Sponsors - 22

Free Professional Photos

Annual meeting attendees who are looking to update their professional photos can take advantage of an opportunity to get a free, professional, digital photo taken right on-site.

Meeting attendees can have their photo taken in front of the ISBA registration desk during most session breaks throughout the conference. Simply stop by when you have time.

2 EVENT MAP

3 SCHEDULE of events

MONDAY TUESDAY WEDNESDAY

Iowa Judges Association Open AA Meeting Open AA Meeting Committee Meetings 7:00 - 8:00 a.m. 7:00 - 8:00 a.m. 9:00 - 10:30 a.m. Boardroom 4 Boardroom 4 Ballroom A Foyer Open Al-Anon Meeting 7:00 - 8:00 a.m. Open Al-Anon Meeting Iowa Judges Association Boardroom 1 7:00 - 8:00 a.m. Board Meeting Iowa Judges Annual Conference Boardroom 1 9:00 - 10:15 a.m. 8:00 a.m. - 5:00 p.m. Room 402 Annual Meeting CLE Program Iowa State Bar Foundation 8:00 a.m. - 5:30 p.m. Fellows Breakfast Iowa Judges Association University of Iowa Hospitality Suite 7:00 - 8:30 a.m. Annual Meeting and Luncheon Room 401 10:45 a.m. - 12:30 p.m. 9:00 a.m. - 4:00 p.m. Rooms 319-320 Ballroom A Annual Meeting CLE Program Creighton Law School Luncheon 8:00 a.m. - 5:00 p.m. Iowa Judges Annual Conference 12:00 - 1:30 p.m. Room 321 1:00 - 5:30 p.m. Iowa State Bar Foundation Drake Law School Luncheon Board Meeting Annual Meeting CLE Program 12:00 - 1:30 p.m. 9:00 a.m. - 12:00 p.m. 1:00 - 5:30 p.m. Rooms 316-318 Room 402 University of Missouri Law School Open AA Meeting Luncheon Iowa Supreme Court Luncheon 5:30 - 6:30 p.m. 12:00 - 1:30 p.m. 12:00 - 1:30 p.m. Boardroom 4 Boardroom 2 Rooms 317-320 Healthy Cooking Demo Open Al-Anon Meeting 12:00 - 12:30 p.m. Wellness Walk 5:30 - 6:30 p.m. Room 401 12:00 - 1:30 p.m. Boardroom 1 Wellness Walk ISBA Registration Desk 12:00 - 1:30 p.m. Joint Presidents’ Reception ISBA Registration Desk Yoga 5:30 - 7:30 p.m. 12:00 - 1:30 p.m. Rooms 316-318 Yoga 12:00 - 1:30 p.m. Boardroom 3 Boardroom 3 Painting and Wine with ISBA Board of Governors Meeting Historical Society of the U.S. Courts 515 Wine With Design 1:30 - 4:30 p.m. in the Eighth Circuit - Southern 5:30 - 7:30 p.m. Rooms 308-310 District of Iowa Branch Rooms 319-320 BOG Meeting will continue on (Prior sign-up required) 2:30 - 3:30 p.m. Room 401 Thursday, June 13 at 8:30 a.m. Young Lawyers Division Meeting Open AA Meeting 1:30 - 4:00 p.m. 5:00 - 6:00 p.m. Room 402 Boardroom 4 Open AA Meeting All attendees are welcome to 5:30 - 6:30 p.m. Open Al-Anon Meeting attend any of the educational Boardroom 4 5:00 - 6:00 p.m. sessions listed on this page. Open Al-Anon Meeting Boardroom 1 5:30 - 6:30 p.m. Boardroom 1 All programs take place at the ISBA Annual Awards Gala 6:30 - 9:30 p.m. Iowa Events Center unless listed Young Lawyers Division BBQ Bash 5:30 - 8:00 p.m. Ballroom B otherwise. ISBA, 625 E. Court Ave.

4 SOCIAL EVENTS

JOINT PRESIDENTS’ RECEPTION

There’s no better way to wind down after Monday’s CLE programming than at the Joint Presidents’ Reception. Come relax with complimentary hors d’oeuvres and drinks from 5:30 - 7:30 p.m. Event open to all.

PAINTING AND WINE WITH 515 WINE WITH DESIGN

Come and join the ISBA for a fun painting class on Monday with 515 Wine With Design. Participants must have signed up prior to the start of annual meeting.

LAW SCHOOL LUNCHEONS

Plan to attend one of the law school luncheons (Creighton, Drake and Missouri) taking place at noon on Tuesday. These luncheons offer attendees the opportunity to connect or reconnect with fellow alumni. Creighton and Drake luncheons are ticketed events open to all ($25). Limited tickets available for purchase.

UNIVERSITY OF IOWA HOSPITALITY SUITE

Throughout the day on Tuesday, the University of Iowa College of Law welcomes all of its alumni to a hosted hospitality suite at the Iowa Events Center. The gathering takes place from 9:00 a.m. - 4:00 p.m. with a limited number of lunch items available to attendees. Event open to all University of Iowa College of Law alumni.

YLD BBQ BASH

This ISBA Young Lawyers Division-sponsored social event is scheduled for Tuesday night from 5:30 - 8:00 p.m. The casual gathering will be held in the ISBA parking lot (625 E. Court Ave.) and is open to all ISBA members and their guests. Entertainment, delicious BBQ and a variety of beverages will be provided as attendees enjoy the night. Event open to all. Sponsored by Reynolds & Reynolds Inc.

IOWA SUPREME COURT LUNCHEON

Join the justices of the Iowa Supreme Court on Wednesday from 12:00 - 1:30 p.m. for an afternoon of fellowship. Ticketed event open to all ($25). Limited tickets available for purchase. Sponsored by Iowa Title Guaranty.

ISBA ANNUAL AWARDS GALA

The ISBA Annual Awards Gala is a formal, black-tie-optional event full Willard L. Boyd III of rich traditions including the passing of the gavels for both the senior bar and the Young Lawyers Division. The gala takes place Wednesday ISBA President-Elect (2018-2019) night beginning at 6:30 p.m. Ticketed event open to all ($60). Limited tickets available for purchase. Sponsored by Lockton Affinity, LLC. MONDAY

CLE PROGRAMMING Plenary Session (Rooms 302-310) 1:00 - 2:00 p.m. Mindfulness: A Tool for Lawyers and Judges Hon. Fae Hoover-Grinde, District Court Judge, District 6

Case Law Track (Rooms 302-305) 2:30 - 3:30 p.m. 3:45 - 4:30 p.m. 4:30 - 5:30 p.m. Criminal Law Update Workers’ Compensation Update Civil Case Law Update (Rooms 302-310) Andrew Giller Hon. Paul Ahlers Hon. Paul Ahlers

Elder Law Track (Rooms 312-315) 2:30 - 3:00 p.m. 3:00 - 3:30 p.m. 3:45 - 5:30 p.m. Advising Clients on a Fixed Income A Clinician’s Perspective on Geriatric A Clinician’s Perspective on Geriatric About Dealing with Debt Capacity Evaluations (Part 1) Capacity Evaluations (Part 2) Fred Nelson Kyle Page Kyle Page

Judges Track #1 (Rooms 306-308) 2:30 - 3:30 p.m. 3:45 - 4:30 p.m. 4:30 - 5:30 p.m. Criminal Law Update The Family First Preventative Navigating Waivers and Reverse (Rooms 302-310) Services Act Waivers Hon. Paul Ahlers Hon. William Owens, Hon. Linnea Nicol, Hon. Mary Chicchelly and Scott Hobart and Janee Harvey Hon. Deborah Farmer Minot

Judges Track #2 (Rooms 309-310) 2:30 - 3:30 p.m. 3:45 - 5:30 p.m. Criminal Law Update A Tool for Modern Litigation: Mastering the Challenges (Rooms 302-310) Merril Hirsh, Hon. Annette Scieszinski and Hon. Paul Ahlers Hon. Michael Shubatt

Member Services Track (Boardroom 2) 2:30 - 3:30 p.m. 3:45 - 4:30 p.m. 4:30 - 5:30 p.m. Introduction to Legal Research on Trustifi: Email Encryption Made Easy ISBA Child Support Calculator Fastcase 7 Harry Shipley Harry Shipley Swalitha Richardson

6 MONDAY

PLENARY SESSION ROOMS 302-310

1:00 - 2:00 p.m. Mindfulness: A Tool for Lawyers and Judges Hon. Fae Hoover-Grinde, District Court Judge, District 6 (1.0 State; 1.0 Ethics) This course will teach participants the definition of mindfulness, and why it is a useful tool to increase attention, efficiency and wellness. Attendees will learn simple techniques that will allow them to easily incorporate mindfulness into their daily routine. Sponsored by Reynolds & Reynolds Inc.

CASE LAW TRACK ROOMS 302-305

ELDER LAW TRACK ROOMS 312-315

2:30 - 3:00 p.m. Advising Clients on a Fixed Income About Dealing with Debt Fred Nelson, Iowa Legal Aid (0.5 State) Many of our older clients on a fixed income may be struggling with financial issues and debt. Attorneys recognizing these issues have an opportunity to counsel clients on avoiding pitfalls that can endanger housing, health and family harmony. 3:00 - 3:30 p.m. A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 1) Kyle Page, PhD, ABPP, Geriatric Psychologist, VA Central Iowa Health Care System (0.5 State) This presentation will review current trends in performing decisional capacity evaluations in healthcare. Topics addressed will provide the basis for building collaborative relationships between health care clinicians and legal professionals. 3:45 - 5:30 p.m. A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 2) Kyle Page, PhD, ABPP, Geriatric Psychologist, VA Central Iowa Health Care System (1.75 State)

7 JUDGES TRACK #1 ROOMS 306-308

2:30 - 3:30 p.m. Criminal Law Update (Rooms 302-310) Hon. Paul Ahlers, District Associate Judge, District 2B (1.0 State) A review and discussion of published opinions on criminal cases issued by the Iowa Supreme Court and Iowa Court of Appeals. 3:45 - 4:30 p.m. The Family First Preventative Services Act Hon. William Owens, Associate Juvenile Judge, District 8A; Hon. Linnea Marie Nelson Nicol, District Associate Judge, District 1; Scott Hobart, Chief Juvenile Court Officer, District 7; and Janee Harvey, DHS, Bureau Chief of Child Welfare and Community Services (0.75 State; 0.75 Juvenile) Representatives of various roles within the juvenile justice system will discuss the impact of the Family First Prevention Services Act (FFPSA) passed at the federal level in 2018. 4:30 - 5:30 p.m. Navigating Waivers and Reverse Waivers Hon. Mary Chicchelly, District Court Judge, District 2A and Hon. Deborah Farmer Minot, District Associate Judge, District 6 (1.0 State; 1.0 Juvenile) Judges Chicchelly and Minot, with other representatives of the juvenile court system, will discuss waiving cases between court levels.

JUDGES TRACK #2 ROOMS 309-310

2:30 - 3:30 p.m. Criminal Law Update (Rooms 302-310) Hon. Paul Ahlers, District Associate Judge, District 2B (1.0 State) A review and discussion of published opinions on criminal cases issued by the Iowa Supreme Court and Iowa Court of Appeals. 3:45 - 5:30 p.m. A Tool for Modern Litigation: Mastering the Challenges Merril Hirsh, FCIArb, HirshADR PLLC; Hon. Annette Scieszinski, Senior Judge, District 8; and Hon. Michael Shubatt, District Court Judge, District 1A (1.50 State) This panel orients Iowa judges and lawyers to the case-management tool of the special master, equips judges and lawyers to identify cases/ issues that will benefit from involvement of a master in complex civil litigation, and introduces judges and lawyers to the practical factors in implementing master assistance.

MEMBER SERVICES TRACK BOARDROOM 2

2:30 - 3:30 p.m. Introduction to Legal Research on Fastcase 7 Swalitha Richardson, Fastcase (1.0 State) This training is designed for new Fastcase users. The presentation covers basic Fastcase features with a focus on case law searches and statute searches in Fastcase 7. 3:45 - 4:30 p.m. Trustifi: Email Encryption Made Easy Harry Shipley, Assistant Executive Director, The Iowa State Bar Association This training is designed to help ISBA members include email encryption in their cybersecurity plan. Of all security breaches, 90 percent occur via email. Trustifi provides you tools to combat phishing scams and encrypt sensitive information. 4:30 - 5:30 p.m. ISBA Child Support Calculator Harry Shipley, Assistant Executive Director, The Iowa State Bar Association This training is designed to expose IowaDocs® users to the Child Support Calculation program provided by the ISBA. Presenter will also discuss the future of the service and what additional content is planned.

8 TUESDAY

CLE PROGRAMMING Plenary Session (Rooms 302-310) 1:30 - 2:30 p.m. Battle Cry of Freedom: Iowa Lawyers Confronting Human Trafficking Amb. Luis C.deBaca

Family Law Track (Rooms 302-305) 8:00 - 9:00 a.m. 9:30 - 10:00 a.m. 10:00 - 10:30 a.m. 10:45 - 11:30 a.m. Family Law Update Discovery in Family Law Social Media Evidence Transitional Spousal Support James Meade Matters: Obtaining, Joseph Pavelich Rae Kinkead Organizing and Offering the Information Necessary to Prove Your Case Mark Fisher and Crystal Usher

11:30 a.m. - 12:00 p.m. 2:45 - 3:45 p.m. 4:00 - 4:45 p.m. 4:45 - 5:30 p.m. Substance Abuse Issues and An Update on the Federal The Myths of Joint Physical Adoption Practice Basics Supervised Visitation Indian Child Welfare Act Care Presumptions Lori Klockau Kristen Shaffer Kevin Washburn Diane Dornburg and David Cox Sponsored by Lockton Affinity, LLC

Judges Track #1 (Rooms 306-308) 8:00 - 9:00 a.m. 9:30 - 10:30 a.m. 10:45 a.m. - 12:00 p.m. 2:45 - 3:45 p.m. 4:00 - 5:00 p.m. Criminal Colloquies Evidence in the Last Legislative Update Patient One: An Recusals Hon. Duane Hoffmeyer Five Years (Rooms 306-310) Exploration of (Rooms 306-310) Prof. Laurie Doré Caitlin Jarzen Criminal Justice and Hon. Thomas Bower Mental Health Prof. Robert Rigg

Judges Track #2 (Rooms 309-310) 8:00 - 9:00 a.m. 9:30 - 10:30 a.m. 10:45 a.m. - 12:00 p.m. 2:45 - 3:45 p.m. 4:00 - 5:00 p.m. Judicial Writing Implicit Bias II: Legislative Update Lawyers, (Big) Guns Recusals (Limited to judges only) Overview and Update (Rooms 306-310) and Money: Dealing (Rooms 306-310) Hon. Mary Tabor and Jennifer Juhler Caitlin Jarzen with Alimony in a Hon. Thomas Bower Justice Christopher Post-TCJA World McDonald Stacey Warren

Member Services Track (Boardroom 2) 9:30 - 10:30 a.m. 2:45 - 3:45 p.m. 4:00 - 5:00 p.m. Introduction to Legal Research on Trustifi: Email Encryption Made Easy IowaDocs® in the Cloud Fastcase 7 Harry Shipley Brian Hegg Swalitha Richardson

9 Real Estate/Commercial and Bankruptcy Law Track (Rooms 312-315) 8:00 - 9:00 a.m. 9:30 - 10:30 a.m. 10:45 a.m. - 12:00 p.m. New Iowa Partition Law: When Technical Objections Should Easements: A Panel Discussion of Particular Iowa Code Chapter 651 Cloud Title Under Iowa Land Title Problems and Solutions Jim Nervig Standard 1.1 Matthew Rousseau, Lindsey Guerrero, Timothy Gartin Matthew Veldey, Timothy Gartin and Melvin Shaw

2:45 - 3:45 p.m. 4:00 - 4:45 p.m. 4:45 - 5:30 p.m. Civil and Criminal Issues Arising in Bankruptcy Law Update Representing Financially Distressed Farm Bankruptcies Hon. Anita Shodeen and Farmers - Debtor’s and Creditor’s James Snyder and Matthew Cole Hon. Thad Collins Perspective Terry Gibson and Brandon Tomjack

Sponsored by Iowa Title Guaranty

PLENARY SESSION ROOMS 302-310

1:30 - 2:30 p.m. Battle Cry of Freedom: Iowa Lawyers Confronting Human Trafficking Amb. Luis C.deBaca, Fmr. Director, Department of Justice’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (1.0 State, 1.0 Juvenile) Human trafficking is an old crime, but a new priority and practice area for many attorneys, involving issues of criminal law, family law, compliance, auditing and civil litigation. This plenary session will guide participants through the legal and policy landscape in addressing this modern form of slavery. Sponsored by Iowa Title Guaranty

FAMILY LAW TRACK ROOMS 302-305

8:00 - 9:00 a.m. Family Law Update James Meade, Meade Law Office (1.0 State) James Meade will discuss new developments in Iowa family case and statutory law as he presents his updated, comprehensive outline of Iowa family law. 9:30 - 10:00 a.m. Discovery in Family Law Matters: Obtaining, Organizing and Offering the Information Necessary to Prove Your Case Mark Fisher, Nidey Erdahl Tindal & Fisher PLC and Crystal Usher, Nazette Marner Nathanson & Shea LLP (0.5 State) Discovery in family law matters can present a number of challenges. Obtaining, organizing and getting discovery into a format that can be offered into evidence is a process that family law attorneys have to deal with daily. This presentation will address each of these challenges. 10:00 - 10:30 a.m. Social Media Evidence Joseph Pavelich, Spies, Pavelich & Foley, LLC (0.5 State) Know the rules of admissibility to make sure that the social media evidence you need to prove your client’s case is not simply admitted “subject to the objection,” but is a rock-solid part of the record considered by your trial court judge. 10:45 - 11:30 a.m. Transitional Spousal Support Rae Kinkead, Simmons Perrine Moyer Bergman PLC (0.75 State) This session will review the existing forms of alimony in Iowa and explore a possible new form of alimony, as well as consider how other states have addressed this issue.

10 TUESDAY

FAMILY LAW TRACK (CONT’D) ROOMS 302-305

11:30 a.m. - 12:00 p.m. Substance Abuse Issues and Supervised Visitation Kristen Shaffer, Shuttleworth & Ingersoll PLC (0.50 State) The presentation will discuss how to provide safe and appropriate visitation for children with a parent dealing with substance abuse issues. We will also explore options for clients when the other parent has a substance abuse issue and suggestions for relief to request from the court to best protect minor children.

2:45 - 3:45 p.m. An Update on the Federal Indian Child Welfare Act Kevin Washburn, Dean, University of Iowa College of Law (1.0 State; 1.0 Juvenile) In the last five years, the Indian Child Welfare Act has received increased attention, including federal efforts to improve its implementation and judicial activity involving challenges to its constitutionality. This session will take stock of these developments.

4:00 - 4:45 p.m. The Myths of Joint Physical Care Presumptions Diane Dornburg, Carney & Appleby PLC and David Cox, Bray & Klockau PLC (0.75 State) An examination of the myths and realities of presumptions for joint physical care as well as a review of approaches from other jurisdictions.

4:45 - 5:30 p.m. Introduction to Termination of Parental Rights and Adoption Pursuant to Iowa Code Section 600 and 600A Lori Klockau, Bray & Klockau PLC (0.75 State; 0.75 Juvenile) A review of the process of termination of parental rights and adoption under Iowa Code Section 600 and 600A.

JUDGES TRACK #1 ROOMS 306-308

8:00 - 9:00 a.m. Criminal Colloquies Hon. Duane Hoffmeyer, Chief Judge, District 3B (1.0 State) Chief Judge Duane Hoffmeyer of the Third Judicial District will present revised materials regarding plea-taking in criminal cases.

9:30 - 10:30 a.m. Evidence in the Last Five Years Prof. Laurie Doré, Drake University Law School (1.0 State) Professor Laurie Doré, Drake University Law School’s Ellis and Nelle Levitt Distinguished Professor of Law, reviews recent updates in evidence law.

10:45 a.m. - 12:00 p.m. Legislative Update (Rooms 306-310) Caitlin Jarzen, Director of Governmental Affairs, Iowa Judicial Branch (1.25 State) Caitlin Jarzen, the Director of Governmental Affairs at the Iowa Judicial Branch, summarizes major legislative developments from the 2018-2019 session.

11 2:45 - 3:45 p.m. Patient One: An Exploration of Criminal Justice and Mental Health Prof. Robert Rigg, Drake Legal Clinic (1.0 State) Professor Robert Rigg of Drake University Law School’s Legal Clinic will present the findings of his recent article, “Patient One: An Exploration of Criminal Justice and Mental Health,” published in the University of Indiana Health Law Review in March of 2019. 4:00 - 5:00 p.m. Recusals (Rooms 306-310) Hon. Thomas Bower, Iowa Court of Appeals (1.0 State; 1.0 Ethics) Have you ever thought about recusing a judge? Have you ever hoped as a judge you would be recused? Have you ever wondered what the requirements are for recusal? If so, those questions and more will be discussed in this interactive presentation.

JUDGES TRACK #2 ROOMS 309-310

8:00 - 9:00 a.m. Judicial Writing (Limited to judges only) Hon. Mary Tabor, Iowa Court of Appeals and Justice Christopher McDonald, Iowa Supreme Court (1.0 State) This presentation will cover effective judicial writing strategies using examples from courtrooms across the state. Presenters Judge Mary Tabor of the Iowa Court of Appeals and Justice Christopher McDonald of the Iowa Supreme Court will incorporate real-world examples of judicial writing into this presentation. 9:30 - 10:30 a.m. Implicit Bias II: Overview and Update Jennifer Juhler, Iowa Judicial Branch (1.0 State; 1.0 Ethics) This presentation will discuss implementation and results of Phase 1 of the Iowa Judicial Branch’s endeavor to impact disproportionality through training on implicit bias. Initial plans for Phase 2 implementation will be discussed giving a basic trajectory of planning to date. 10:45 a.m. - 12:00 p.m. Legislative Update (Rooms 306-310) Caitlin Jarzen, Director of Governmental Affairs, Iowa Judicial Branch (1.25 State) Caitlin Jarzen, the Director of Governmental Affairs at the Iowa Judicial Branch, summarizes major legislative developments from the 2018-2019 session. 2:45 - 3:45 p.m. Lawyers, (Big) Guns and Money: Dealing with Alimony in a Post-TCJA World Stacey Warren, CashattWarren Family Law, P.C. (1.0 State) Join attorney Stacey Warren for a discussion of the taxation issues related to alimony in the wake of the 2017 Tax Cuts and Job Act. 4:00 - 5:00 p.m. Recusals (Rooms 306-310) Hon. Thomas Bower, Iowa Court of Appeals (1.0 State; 1.0 Ethics) Have you ever thought about recusing a judge? Have you ever hoped as a judge you would be recused? Have you ever wondered what the requirements are for recusal? If so, those questions and more will be discussed in this interactive presentation.

MEMBER SERVICES TRACK BOARDROOM 2

9:30 - 10:30 a.m. Introduction to Legal Research on Fastcase 7 Swalitha Richardson, Fastcase (1.0 State) This presentation covers basic Fastcase features with a focus on case law searches and statute searches in Fastcase 7.

12 TUESDAY

MEMBER SERVICES TRACK (CONT’D) BOARDROOM 2

2:45 - 3:45 p.m. Trustifi: Email Encryption Made Easy Harry Shipley, Assistant Executive Director, The Iowa State Bar Association This training is designed to help ISBA members include email encryption in their cybersecurity plan. Of all security breaches, 90 percent occur via email. Trustifi provides you tools to combat phishing scams and encrypt sensitive information. 4:00 - 5:00 p.m. IowaDocs® in the Cloud Brian Hegg, Computer Services Director, The Iowa State Bar Association Learn how to use IowaDocs® in HotDocs Market and access IowaDocs® forms from any internet connected device at any time.

REAL ESTATE/COMMERCIAL AND BANKRUPTCY LAW TRACK ROOMS 312-315

8:00 - 9:00 a.m. New Iowa Partition Law: Iowa Code Chapter 651 Jim Nervig, Brick Gentry PC (1.0 State) The presentation will discuss the substance of the new partition law that became effective on July 1, 2018. 9:30 - 10:30 a.m. When Technical Objections Should Cloud Title Under Iowa Land Title Standard 1.1 Timothy Gartin, Hastings Gartin & Boettger LLP (1.0 State) This program will address Title Standard 1.1 and will take up the questions of what is at stake if we do not properly apply Title Standard 1.1, the underlying rationale for the standard, how we apply the standard and examples of properly applying the standard. 10:45 a.m. - 12:00 p.m. Easements: A Panel Discussion of Particular Problems and Solutions Matthew Rousseau, Iowa Title Guaranty; Lindsey Guerrero, Iowa Title Guaranty; Matthew Veldey, Iowa Title Guaranty; Timothy Gartin, Hastings Gartin & Boettger LLP; and Melvin Shaw, Law Offices of Melvin O. Shaw, P.L.C. (1.25 State) The goal of this presentation is to strengthen your awareness and understanding of a selection of easement problems and possible solutions. 2:45 - 3:45 p.m. Civil and Criminal Issues Arising in Farm Bankruptcies James Snyder and Matthew Cole, U.S. Attorney’s Office (1.0 State) This discussion will cover civil issues that involve farm bankruptcies and general issues such as conversion, bankruptcy fraud and other violations. 4:00 - 4:45 p.m. Bankruptcy Law Update Hon. Anita Shodeen, Chief Judge, United States Bankruptcy Court, Southern District of Iowa and Hon. Thad Collins, Chief Judge, United States Bankruptcy Court, Northern District of Iowa (0.75 State) A survey of current issues arising in bankruptcy court will be explored during this panel session. 4:45 - 5:30 p.m. Representing Financially Distressed Farmers - Debtor’s and Creditor’s Perspective Terry Gibson, Wandro & Associates PC and Brandon Tomjack, Baird Holm, LLP (0.75 State) The panelists will present various considerations and issues to consider when advising farmers and agricultural lenders on debt restructuring and collection matters.

13 WEDNESDAY

CLE PROGRAMMING

Litigation Track (Rooms 302-303) 8:00 - 9:00 a.m. 9:00 - 10:00 a.m. 10:00 - 10:30 a.m. 11:00 a.m. - 12:00 p.m. Trial Judges in Mentor Mode: An Open Book: Social Ethical Obligations of Lawyers Backstage Pass: Behind What Lawyers Need to Know Media Discovery Issues and Judges to be Civil: Reducing the Scenes of an Ethics Hon. Annette Scieszinski, in Litigation Stress, Stopping Harassment and Prosecution Hon. David Porter and Leslie Behaunek Improving Respect for the Law (Rooms 304-307) Hon. Thomas Bitter Hon. Celeste Bremer Tara van Brederode and Matthew McDermott

1:30 - 2:30 p.m. 3:00 - 4:30 p.m. 4:30 - 5:00 p.m. Go Local: The Importance of Local A Conversation with the Iowa Supreme POWER Act for Survivors of Domestic Rules and Judicial Preferences Court’s Newest Members Violence and Sexual Assault R. Scott Johnson and Hon. Mark Roberts Justice Susan Christensen and Megan Norberg and Justice Christopher McDonald Hon. Celeste Bremer

Member Services Track (Boardroom 2) 9:00 - 10:00 a.m. 11:00 a.m. - 12:00 p.m. 1:30 - 2:30 p.m. 3:00 - 4:00 p.m. Introduction to Boolean on ISBA Child Support Calculator IowaDocs® in the Cloud Trustifi: Email Encryption Fastcase 7 Harry Shipley Brian Hegg Made Easy Swalitha Richardson Harry Shipley

Probate Track (Rooms 312-316) 9:00 - 9:45 a.m. 9:45 - 10:30 a.m. 11:00 a.m. - 12:00 p.m. Legislative Update Professional Fiduciary’s Guide to the One of These is Not Certain: Susan Pence Do’s and Don’ts of Drafting Death. Taxes. IDR Purgatory Anna Moyers Stone Laurie Heron McCown and Brandon Gray

1:30 - 2:30 p.m. 3:00 - 4:00 p.m. 4:00 - 5:00 p.m. Medicaid Eligibility for Nursing Home Hot Topics from the Probate Protecting Client Data and Other Long-Term Care Section Listserv J. Michael Deege Scott Hartsook Joshua Weidemann, Janice Kerkove and Breanna Young

Variety Track (Rooms 304-307) 8:00 - 9:00 a.m. 9:00 - 10:00 a.m. 10:00 - 10:30 a.m. 11:00 a.m. - 12:00 p.m. Hot Immigration Yoga: Tying Attorney Well-Being: Iowa Immigration from the Backstage Pass: Behind Yourself in Knots with Your Joins the National Call to Employer’s Perspective: the Scenes of an Ethics Feet to the Fire Action Avoiding Jail, Debarment and Prosecution JoAnn Barten Tara van Brederode Other Calamities Tara van Brederode and Lori Chesser Matthew McDermott

1:30 - 2:30 p.m. 3:00 - 3:30 p.m. 3:30 - 4:00 p.m. 4:00 - 5:00 p.m. Trust Accounts: Representing the Best Access to Justice Beyond the “Why” of A Play in Three Acts Interests of Clients: Commission Update Limited Scope and Pro Bono Tara van Brederode and Substance Abuse and Justice Brent Appel and Representation Trinity Braun-Arana Mental Health Commitment Anjela Shutts Megan Norberg, Lisa Gavin Hearings and Rob Poggenklass Jack Wertzberger

14 WEDNESDAY

LITIGATION TRACK ROOMS 302-303

8:00 - 9:00 a.m. Trial Judges in Mentor Mode: What Lawyers Need to Know Hon. Annette Scieszinski, Senior Judge, District 8; Hon. David Porter, District Court Judge, District 5C; and Hon. Thomas Bitter, District Court Judge, District 1A (1.0 State) This panel of judges shares with lawyers their candid observations on best practices seen in the Iowa trial courts.

9:00 - 10:00 a.m. An Open Book: Social Media Discovery Issues in Litigation Leslie Behaunek, Nyemaster Goode PC (1.0 State) From fact investigation, to discovery battles, to in-court use of social media content, this presentation will give a start-to-finish overview of social media issues in litigation.

10:00 - 10:30 a.m. Ethical Obligations of Lawyers and Judges to be Civil: Reducing Stress, Stopping Harassment and Improving Respect for the Law Hon. Celeste Bremer, U.S. Magistrate Judge, United States District Court, Southern District of Iowa (0.5 State; 0.5 Ethics) This presentation is focused on changes to the judicial code of conduct to require civility and the enforcement of the code of professional responsibility.

11:00 a.m. - 12:00 p.m. Backstage Pass: Behind the Scenes of an Ethics Prosecution (Rooms 304-307) Tara van Brederode, Assistant Director/Administrator, Iowa Supreme Court Attorney Disciplinary Board and Matthew McDermott, Belin McCormick PC (1.0 State; 1.0 Ethics) Presenters will share insights about how ethics investigations and prosecutions work and will provide concrete advice about how to avoid them.

1:30 - 2:30 p.m. Go Local: The Importance of Local Rules and Judicial Preferences R. Scott Johnson, McKee Voorhees & Sease PLC; Hon. Mark Roberts, U.S. Magistrate Judge, U.S. District Court for the Northern District of Iowa (1.0 State) Join R. Scott Johnson and the Hon. Mark Roberts for a discussion on local rules and judicial preferences.

3:00 - 4:30 p.m. A Conversation with the Iowa Supreme Court’s Newest Members Justice Susan Christensen, Iowa Supreme Court and Justice Christopher McDonald, Iowa Supreme Court (1.5 State) Justice Christensen and Justice McDonald sit down for consecutive one-on-one Q&A sessions with questions submitted by session attendees.

4:30 - 5:00 p.m. POWER Act for Survivors of Domestic Violence and Sexual Assault Megan Norberg, Managing Attorney, Iowa Legal Aid’s Volunteer Lawyer’s Project and Hon. Celeste Bremer, U. S. Magistrate Judge, Southern District of Iowa (0.5 State; 0.5 Ethics) Co-sponsored by the U. S. District Courts for the Northern and Southern Districts of Iowa A discussion on a lawyer’s professional responsibility for representing survivors of intimate violence using Iowa’s rules.

15 MEMBER SERVICES TRACK BOARDROOM 2

9:00 - 10:00 a.m. Introduction to Boolean on Fastcase 7 Swalitha Richardson, Fastcase (1.0 State) This training covers Boolean (keyword) searches as well as a number of research tips that highlight advanced features in Fastcase 7.

11:00 a.m. - 12:00 p.m. ISBA Child Support Calculator Harry Shipley, Assistant Executive Director, The Iowa State Bar Association This training is designed to expose IowaDocs® users to the Child Support Calculation program provided by the ISBA. Presenter will also discuss the future of the service and what additional content is planned.

1:30 - 2:30 p.m. IowaDocs® in the Cloud Brian Hegg, Computer Services Director, The Iowa State Bar Association Learn how to use IowaDocs® in HotDocs Market and access IowaDocs® forms from any internet connected device at any time.

3:00 - 4:00 p.m. Trustifi: Email Encryption Made Easy Harry Shipley, Assistant Executive Director, The Iowa State Bar Association This training is designed to help ISBA members include email encryption in their cybersecurity plan. Of all security breaches, 90 percent occur via email. Trustifi provides you tools to combat phishing scams and encrypt sensitive information.

PROBATE TRACK ROOMS 312-316

9:00 - 9:45 a.m. Legislative Update Susan Pence, Bankers Trust (0.75 State) Summary of newly-enacted Iowa legislation affecting the practice of law in the areas of probate, trusts and estate planning.

9:45 - 10:30 a.m. Professional Fiduciary’s Guide to the Do’s and Don’ts of Drafting Anna Moyers Stone, V.P. and Trust Officer, MidWestOne Bank (0.75 State) Have you ever wondered what happens with the language that you draft? Ever thought about how that educational trust works in real life? Who may be cursing you or singing your praises based on a couple of words from 10 years ago? Consider your questions answered, along with a few tips for the road, in this fiduciary’s guide to drafting.

11:00 a.m. - 12:00 p.m. One of These is Not Certain: Death. Taxes. IDR Purgatory Laurie Heron McCown, Iowa Attorney General’s Office and Brandon Gray, Iowa Attorney General’s Office (1.0 State) Before an estate can be closed, specific requirements related to state tax obligations must be satisfied. Lack of information about these laws or Iowa Department of Revenue processes can create unnecessary expense and complication. The presenters will help you anticipate and avoid these issues.

16 WEDNESDAY

PROBATE TRACK (CONT’D) ROOMS 312-316

1:30 - 2:30 p.m. Medicaid Eligibility for Nursing Home and Other Long-Term Care Scott Hartsook, Attorney at Law (1.0 State) Learn about Medicaid for long-term care, including the rules about attribution of resources, spousal protections, transfers of assets, Miller Trusts and estate recovery.

3:00 - 4:00 p.m. Hot Topics from the Probate Section Listserv Joshua Weidemann, O’Connor & Thomas, PC; Janice Kerkove, Bradley & Riley; and Breanna Young, Davis Brown Law Firm (1.0 State) This all-star panel will discuss topics from the Probate Section listserv that garnered the most discussion.

4:00 - 5:00 p.m. Protecting Client Data J. Michael Deege, Wilson Deege Despotovich Riemenschneider & Rittgers, PLC (1.0 State; 1.0 Ethics) As an attorney, you keep information on each one of your clients. That information could be very valuable to a hacker. What are the threats posed to that information and how do you protect that information? What are your ethical duties to protect that information?

VARIETY TRACK ROOMS 304-307

8:00 - 9:00 a.m. Hot Immigration Yoga: Tying Yourself in Knots with Your Feet to the Fire JoAnn Barten, Barten Law PC (1.0 State) Brief overview of immigration law 101 including the agencies involved, statutes and regulations, common non-immigrant status programs and avenues for citizenship. In addition for the more advanced, the speaker will review recent case updates and recently filed amicus briefs.

9:00 - 10:00 a.m. Attorney Well-Being: Iowa Joins the National Call to Action Hugh Grady, Director, Iowa Lawyer Assistance Program and Tara van Brederode, Assistant Director/Administrator, Iowa Supreme Court Attorney Disciplinary Board (1.0 State; 1.0 Ethics) An update on how our lawyer regulation system and our lawyer assistance program are supporting lawyer well-being. Speakers will describe new programs and outreach, discuss our joint focus on a broad definition of well-being and explain how our offices can, within the bounds of confidentiality rules and with the support of the Iowa Supreme Court, work together to help our lawyers be well.

10:00 - 10:30 a.m. Immigration from the Employer’s Perspective: Avoiding Jail, Debarment and Other Calamities Lori Chesser, DavisBrown Law Firm (0.5 State) This presentation will include highlights of employer compliance and considerations when employing foreign workers.

17 11:00 a.m. - 12:00 p.m. Backstage Pass: Behind the Scenes of an Ethics Prosecution Tara van Brederode, Assistant Director/Administrator, Iowa Supreme Court Attorney Disciplinary Board and Matthew McDermott, Belin McCormick PC (1.0 State; 1.0 Ethics) Presenters will share insights on how ethics investigations and prosecutions work and will provide concrete advice about how to avoid them.

1:30 - 2:30 p.m. Trust Accounts: A Play in Three Acts Tara van Brederode, Assistant Director/Administrator, Iowa Supreme Court Attorney Disciplinary Board and Trinity Braun-Arana, Assistant Director for Boards and Commissions, Office of Professional Regulation of the Supreme Court of Iowa (1.0 State; 1.0 Ethics) This discussion will break trust account requirements and rules down into clear, easily-understood steps and procedures with the help of a cast of special guests.

3:00 - 3:30 p.m. Representing the Best Interests of Clients: Substance Abuse and Mental Health Commitment Hearings Jack Wertzberger, Attorney at Law (0.5 State) This presentation will discuss the various challenges in representation of clients who have been court ordered for substance abuse and mental health evaluations.

3:30 - 4:00 p.m. Access to Justice Commission Update Justice Brent Appel, Iowa Supreme Court and Anjela Shutts, Whitfield & Eddy PLC (0.5 State; 0.5 Ethics) Justice Brent Appel and Anjela Shutts will provide an update on the Access to Justice Commission’s progress and projects.

4:00 - 5:00 p.m. Beyond the “Why” of Limited Scope and Pro Bono Representation: How to Use Limited Scope and Pro Bono Representation in Your Practice to Service the Needs of Specific Communities Megan Norberg, Iowa Legal Aid; Lisa Gavin, Iowa Legal Aid; and Rob Poggenklass, Iowa Legal Aid (1.0 State; 1.0 Ethics) The Iowa Supreme Court has led Iowa attorneys in providing Iowans access to justice, including encouraging attorneys to engage in limited scope representation. Join Iowa Legal Aid attorneys Megan Norberg, Lisa Gavin and Rob Poggenklass for the “how” to incorporate limited scope representation in your practice.

CONNECT ON ENGAGE Like listservs, but better

ASK SHARE BUILD QUESTIONS IDEAS SKILLS

iowabar.org/engage

18 CREDIT INFORMATION

MONDAY

TRACKS AND TOPICS ETHICS JUVENILE STATE

CASE LAW TRACK

Criminal Law Update 1

Workers’ Compensation Update 0.75

Civil Case Law Update 1

ELDER LAW TRACK

Advising Clients on a Fixed Income About Dealing with Debt 0.5

A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 1) 0.5

A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 2) 1.75

JUDGES TRACK #1

The Family First Preventative Services Act 0.75 0.75

Navigating Waivers and Reverse Waivers 1 1

JUDGES TRACK #2

A Tool for Modern Litigation: Mastering the Challenges 1.50

MEMBER SERVICES TRACK

Introduction to Legal Research on Fastcase 7 1

Trustifi: Email Encryption Made Easy

ISBA Child Support Calculator

PLENARY SESSION

Mindfulness: A Tool for Lawyers and Judges 1 1

The Iowa State Bar Association (515) 243-3179 [email protected] iowabar.org

19 CREDIT INFORMATION

TUESDAY

TRACKS AND TOPICS ETHICS JUVENILE STATE FAMILY LAW TRACK Family Law Update 1 Discovery in Family Law Matters: Obtaining, Organizing and Offering the Information 0.5 Necessary to Prove Your Case Social Media Evidence 0.5 Transitional Spousal Support 0.75 Substance Abuse Issues and Supervised Visitation 0.5 An Update on the Federal Indian Child Welfare Act 1 1 The Myths of Joint Physical Care Presumptions 0.75 Introduction to Termination of Parental Rights and Adoption Pursuant to Iowa Code 0.75 0.75 Section 600 and 600A JUDGES TRACK #1 Criminal Colloquies 1 Evidence in the Last Five Years 1 Legislative Update 1.25 Patient One: An Exploration of Criminal Justice and Mental Health 1 Recusals 1 1 JUDGES TRACK #2 Judicial Writing 1 Implicit Bias II: Overview and Update 1 1 Legislative Update 1.25 Lawyers, (Big) Guns and Money: Dealing with Alimony in a Post-TCJA World 1 Recusals 1 1 MEMBER SERVICES TRACK Introduction to Legal Research on Fastcase 7 1 Trustifi: Email Encryption Made Easy IowaDocs® in the Cloud PLENARY SESSION Battle Cry of Freedom: Iowa Lawyers Confronting Human Trafficking 1 1 REAL ESTATE/COMMERCIAL AND BANKRUPTCY LAW TRACK New Iowa Partition Law: Iowa Code Chapter 651 1 When Technical Objections Should Cloud Title Under Iowa Land Title Standard 1.1 1 Easements: A Panel Discussion of Particular Problems and Solutions 1.25 Civil and Criminal Issues Arising in Farm Bankruptcies 1 Bankruptcy Law Update 0.75 Representing Financially Distressed Farmers - Debtor’s and Creditor’s Perspective 0.75

20 CREDIT INFORMATION

WEDNESDAY

TRACKS AND TOPICS ETHICS JUVENILE STATE

LITIGATION TRACK

Trial Judges in Mentor Mode: What Lawyers Need to Know 1

An Open Book: Social Media Discovery Issues in Litigation 1

Ethical Obligations of Lawyers and Judges to be Civil: Reducing Stress, Stopping 0.5 0.5 Harassment and Improving Respect for the Law

Backstage Pass: Behind the Scenes of an Ethics Prosecution 1 1

Go Local: The Importance of Local Rules and Judicial Preferences 1

A Conversation with the Iowa Supreme Court’s Newest Members 1.5

POWER Act for Survivors of Domestic Violence and Sexual Assault 0.5 0.5

MEMBER SERVICES TRACK

Introduction to Boolean on Fastcase 7 1

ISBA Child Support Calculator

IowaDocs® in the Cloud

Trustifi: Email Encryption Made Easy

PROBATE TRACK

Legislative Update 0.75

Professional Fiduciary’s Guide to the Do’s and Don’ts of Drafting 0.75

One of These is Not Certain: Death. Taxes. IDR Purgatory 1

Medicaid Eligibility for Nursing Home and Other Long-Term Care 1

Hot Topics from the Probate Section Listserv 1

Protecting Client Data 1 1

VARIETY TRACK

Hot Immigration Yoga: Tying Yourself in Knots with Your Feet to the Fire 1

Attorney Well-Being: Iowa Joins the National Call to Action 1 1

Immigration from the Employer’s Perspective: Avoiding Jail, Debarment and 0.5 Other Calamities

Backstage Pass: Behind the Scenes of an Ethics Prosecution 1 1

Trust Accounts: A Play in Three Acts 1 1

Representing the Best Interests of Clients: Substance Abuse and Mental Health 0.5 Commitment Hearings

Access to Justice Commission Update 0.5 0.5

Beyond the “Why” of Limited Scope and Pro Bono Representation 1 1

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22 ITG

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