The Iowa Lawyer

THE IOWAFebruary 2021 V81 N1 L AW Y ER

NEW YEAR NEW SESSION ISBA LEGISLATIVE TEAM OUTLINES AGENDA AND PRIORITIES FOR 2021 PAGE 6

ALSO IN THIS ISSUE COVID AND THE CONFRONTATION CLAUSE: DOES REMOTE TESTIMONY PASS CONSTITUTIONAL MUSTER? PAGE 14 PRACTICE TIPS FROM NEW JUDGES PAGE 17 19+ Professionals with STEM related degrees - 7 engineering, 10 science including 5 master degrees, 3 Ph.D. degrees and 2 Doctor of Pharmacy degrees 4,460+ U.S. and foreign patent applications filed in the last five years Biotechnology Patents 1,430+ Trademark applications The patent process for biotechnology inventions can be complex. filed in the last five years Inventions in this area are often embryonic and require foresight to effectively protect downstream commercial products. The MVS Biotechnology practice group is comprised of attorneys with a number of advanced degrees including five doctorate and three master’s levels. The group’s specialized training, industry knowledge, and technical experience help clients all over the world overcome such complexities to effectively protect their biotechnology inventions. Because countries have widely varying biotechnology patent laws, we have the experience and team to prosecute and protect these patents all over the world and can craft a strategy to protect your innovations both at home and abroad. Your Worldwide IP Partner Since 1924™

Contact MVS for your intellectual property needs at (515) 288-3667. www.ipmvs.com

GENERAL INQUIRIES [email protected] or 515.243.3179

EDITORIAL TEAM Editor-in-Chief Copy Editor Melissa Higgins Steve Boeckman [email protected] [email protected] 515.697.7896 515.697.7869

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 Mag- 19+ azine, 625 East Court Avenue, Des Moines, IA, Professionals with 50309-1904. Members can contact the member- STEM related degrees - ship department to change their addresses by emailing [email protected]. 7 engineering, 10 science including 5 master degrees, PRINTER 3 Ph.D. degrees and 2 Doctor The Iowa Lawyer Magazine is printed by Mittera Iowa, 10776 Aurora Avenue, Des Moines, IA, 50322. of Pharmacy degrees Telephone 515.270.0402. Design and Production: Volume 81 Mittera Iowa. Number 1 ADVERTISING February CLASSIFIED. Qualifying ISBA members receive 2021 4,460+ two free non-job listings annually as a member benefit. Members should contact the ISBA CONTENTS U.S. and foreign patent Communications Department for ad placement: applications filed in the [email protected]. For Career Center last five years postings, visit http://careers.iowabar.org/ IN BRIEF DISPLAY. Display advertising in The Iowa Law- 4 CLE reports due March 10 Biotechnology Patents yer Magazine is handled by Larson Enterprises, Trustifi email encryption now offered free to ISBA members 909 50th Street, West Des Moines, IA, 50265. For 4 display advertising and non-member classified 4 Justice Christensen reselected as chief justice 1,430+ ad rates, contact Alex Larson at 515.238.4406 or [email protected]. Trademark applications The patent process for biotechnology inventions can be complex. filed in the last five years SUBMISSIONS FEATURES COLUMNS Inventions in this area are often embryonic and require foresight to The Iowa State Bar Association seeks to publish original articles that advance the education, com- 6 2021 Legislative Session Preview 5 President’s Letter petence, ethical practice and public responsibility effectively protect downstream commercial products. Lawyer-Legislators of Iowa lawyers. Members are encouraged to sub- 9 20 Disciplinary Opinions The MVS Biotechnology practice group is comprised of attorneys mit articles to the editor for possible publication. Affirmative Agenda Submissions should be no longer than 1,500 words, 10 24 Kudos with a number of advanced degrees including five doctorate and although exceptions can be made. Footnotes 2021 Condition of the Judiciary 12 In Memoriam should be kept to a minimum. Include a short bio 24 three master’s levels. The group’s specialized training, industry of the author(s) and professional photo(s) when COVID and the Confrontation 14 Transitions knowledge, and technical experience help clients all over the submitting. NOTE: Not all submissions are guar- Clause: Does remote testimony 26 anteed publication. The editors and bar leaders pass constitutional muster? Thanks to speakers world overcome such complexities to effectively protect their review all submissions to make a determination of 30 17 Practice tips from new judges biotechnology inventions. Because countries have widely varying suitability for publication. Email all submissions to Classifieds [email protected] in Microsoft Word format. ABA releases ethics opinion 36 20 on responding to negative biotechnology patent laws, we have the experience and team to STATEMENTS OR OPINIONS Spotlight on Service online reviews 38 prosecute and protect these patents all over the world and can craft The statements and opinions in this publication are those of the authors and not necessarily those a strategy to protect your innovations both at home and abroad. Your Worldwide IP Partner Since 1924™ 22 New Iowa nonprofit seeks to of The Iowa State Bar Association. Readers should educate youth of color on their 2020 CLE credit information consult original sources of authority to verify ex- Fourth Amendment rights actness. Advertising in this publication does not available on page 31. Contact MVS for your intellectual property needs at (515) 288-3667. www.ipmvs.com Board of Governors Winter constitute endorsement of a product or service 28 Quarterly Meeting unless specifically stated.

FEBRUARY 2021 THE IOWA LAWYER 3

In Brief The Iowa State Bar Association 625 East Court Avenue, Des Moines, Iowa, 50309-1904 Main: 515-243-3179 Fax: 515-243-2511 www.iowabar.org [email protected] PRESIDENT 2020 ISBA CLE CREDIT INFO Jerry Schnurr III Ft. Dodge 515-576-3977 [email protected] PRESIDENT-ELECT AVAILABLE; REPORTS DUE Anjela Shutts Des Moines 515-288-6041 [email protected] VICE PRESIDENT MARCH 10 Henry Hamilton III W. Des Moines 414-403-9082 [email protected] SECRETARY To assist attorneys with the reporting of their 2020 CLE Dwight Dinkla Des Moines 515-697-7867 [email protected] credits, the ISBA has created an event list which includes IMMEDIATE PAST PRESIDENT CLE titles, state, ethics and juvenile credit and activity Willard "Bill" Boyd III Des Moines 515-283-3172 [email protected] numbers for each program. Credit information for ISBA DISTRICT GOVERNORS DISTRICT 1A On-Demand CLE and Fastcase events can also be found Chris Even Dyersville 563-875-9112 [email protected] on this list, which appears beginning on page 31. Daniel Fretheim Decorah 563-382-2959 [email protected] DISTRICT 1B This information should be used to calculate CLE hours Shannon Simms Waterloo 319-291-6161 [email protected] when attorneys file their CLE report with the Commission Heather Prendergast Waterloo 319-234-4600 [email protected] on Continuing Legal Education. Annual reports are due by DISTRICT 2A Matthew F. Berry Clear Lake 641-357-7296 [email protected] March 10. Megan Rosenberg Hampton 641-456-2555 [email protected] The Commission on Continuing Legal Education requires DISTRICT 2B John Werden Carroll 717-792-3424 [email protected] Iowa’s lawyers and judges to complete a minimum of 15 Bethany Currie Marshalltown 641-421-0990 [email protected] hours and two ethics hours (ethics reporting required in DISTRICT 3A 2021) of legal education accredited by the commission Jack Bjornstad Spirit Lake 712-322-5225 [email protected] each calendar year. Kevin R. Sander Estherville 712-362-7215 [email protected] DISTRICT 3B Contact the ISBA CLE Department at (515) 697-7874 or Maura Sailer Denison 712-263-4627 [email protected] email [email protected] for questions concerning CLE James Daane Sioux City 712-252-2424 [email protected] credit of ISBA-sponsored events. DISTRICT 4 DeShawne Bird Sell Glenwood 712-527-4026 [email protected] Deborah Petersen Council Bluffs 712-328-8808 [email protected] DISTRICT 5A Gilbert Caldwell III Newton 641-792-4160 [email protected] Miki McGovern Woodward 515-490-9081 [email protected] TRUSTIFI EMAIL ENCRYPTION NOW DISTRICT 5B Andrew Zimmerman Corning 641-322-4712 [email protected] OFFERED FREE TO ISBA MEMBERS DISTRICT 5C David Nelmark Des Moines 515-988-0447 [email protected] The ISBA is now offering its email security service, provided Joseph Happe Des Moines 515-288-2500 [email protected] Margaret A. Hanson Des Moines 515-246-7957 [email protected] by Trustifi, free to all members. (Licenses for support staff Bridget R. Penick Des Moines 515-242-8902 [email protected] can be purchased for $25 annually.) Visit iowabar.org/Trustifi Adam D. Zenor Des Moines 515-650-9010 [email protected] to learn more, or iowabar.org/TrustifiOrdering to sign up. Donna Miller Des Moines 515-809-9699 [email protected] Kathleen Law Des Moines 515-283-3116 [email protected] Trustifi’s easy-to-use email encryption service features Cindy Rybolt Mitchellville 515-243-1193 [email protected] Joe Moser Des Moines 515-288-0145 [email protected] an array of security and productivity tools that benefit Stacey Warren Altoona 515-414-8918 [email protected] individuals and law firms of all sizes, including single-click William Miller Des Moines 515-283-1000 [email protected] encryption, two-factor authentication, secure reply and DISTRICT 6 Erin R. Nathan Cedar Rapids 319-896-4013 [email protected] more. Learn more at Trustifi.com. Melvin Shaw Coralville 319-337-7429 [email protected] Caitlin Slessor Cedar Rapids 319-365-9461 [email protected] Kristofer Lyons Monticello 319-462-3961 [email protected] Chad Brakhahn Cedar Rapids 319-896-4002 [email protected] DISTRICT 7 JUSTICE CHRISTENSEN RESELECTED David J. Helscher Clinton 563-243-1243 [email protected] Christopher Surls Lowden 563-941-5301 [email protected] AS CHIEF JUSTICE Ian J. Russell Bettendorf 563-324-3246 [email protected] DISTRICT 8A On Friday, Jan. 8, the Iowa Supreme Court reselected Rick Lynch Bloomfield 641-664-1997 [email protected] Justice Susan Christensen, Harlan, as chief justice. At the Mike Mahaffey Montezuma 641-623-5425 [email protected] first meeting in each odd-numbered year, the justices of DISTRICT 8B the supreme court by majority vote designate one justice Tim Liechty Mount Pleasant 319-367-2251 [email protected] REPRESENTATIVES AND DELEGATES as chief justice for a two-year term. Iowa Judges Association Liaison In addition to judicial duties and writing opinions, the Rustin Davenport Mason City 641-494-3621 [email protected] ABA Delegates chief justice presides over oral arguments and court Alan Olson Des Moines 515-271-9100 [email protected] conferences, sets the court’s oral argument schedule David L. Brown Des Moines 515-244-2141 [email protected] Jane Lorentzen Des Moines 515-244-0111 [email protected] and delivers the Condition of the Judiciary address to the Kay Oskvig Des Moines 515-288-6041 [email protected] legislature each January, which occurred on Wednesday, LEGISLATIVE COUNSEL TEAM Jan. 13. Excerpts from the 2021 Condition of the Judiciary James Carney Des Moines 515-282-6803 [email protected] speech can be found on page 12. Doug Struyk Des Moines 515-282-6803 [email protected] Jenny Dorman Des Moines 515-282-6803 [email protected] Additionally, on Monday, Jan. 25, the Iowa Court of Ap- ISBA YOUNG LAWYERS DIVISION OFFICERS President Torey Cuellar Nevada 515-382-7255 [email protected] peals reselected Judge Thomas N. Bower as chief judge. President-elect Kristen Shaffer Coralville 319-365-9461 [email protected] Chief Judge Bower, from Cedar Falls, has served on the Secretary Kyle Fry Muscatine 563-564-4982 [email protected] court of appeals since 2012. Immediate Past President Abhay Nadipuram Des Moines 319-290-2585 [email protected]

4 THE IOWA LAWYER FEBRUARY 2021

The ISBA’s 2021 Legislative Agenda and the Grassroots Advocacy Network LETTER BY ISBA PRESIDENT JERRY SCHNURR III

n a recent survey of our members, the information on pending legislation. The support. Share responses with ISBA legisla- legislative program of The Iowa State Bar purpose of the network is to develop a tive counsel and Executive Director Dwight IAssociation was identified as the most statewide group of lawyers to actively engage Dinkla. The ISBA has its legislative agenda, important aspect of membership. Every their local legislators on behalf of the ISBA. position papers and other information year, the association has an affirmative Elected officials are terribly busy. They available at www.iowabar.org/legislative. If legislative agenda advancing legislation cannot know all they need to know on you do not know who your representative or proposed by sections and approved by the legislation that comes before them. They do senator is, you can find them at www.legis. board of governors. This year, the affirmative not have the budget for enough staff, let iowa.gov/legislators/find. It is as simple as legislative agenda of the bar association (see alone time, to be completely up to speed on entering your home address. page 10) includes bills to address inequities all that comes up. Every legislative session is fast paced. There in calculating court costs in probate across So where do they get their information? is no reason to believe this year will be any the state, amendments to the guardianship Time and time again, legislators confirm different. In fact, there will be greater and conservatorship legislation and passage that the most important voices they listen to challenges connecting with legislators in of the Uniform Model Corporations Act. are the people from their districts. Lawyers person due to the constraints of the coronavi- Other issues that often come up that the bar are uniquely positioned to be the trusted rus pandemic. Therefore, it is most important association has positions on include increased voice for representatives or senators in the to be active in the Grassroots Advocacy indigent defense fees, full funding of the Iowa Statehouse. Lawyers can explain the Network and respond to requests to contact Judicial Branch, funding of Legal Services, impact of legislation on the people, business- your legislators. The ISBA is dedicated to opposition to title insurance, opposition to es, courts and institutions of Iowa. serving you as you serve your clients, your arbitrary caps on damages and immunity The Grassroots Advocacy Network starts communities and the court. The ISBA will legislation. There are often hundreds of bills with the officers and board of governors. As provide you the information and resources monitored by the bar association’s legislative issues come up, the board of governors will you need to effectively communicate with counsel and staff. be contacted. They will then contact the your representatives. Participation in the Former Speaker of the House, Tip lawyers in their districts to ask them to Grassroots Advocacy Network is an important O’Neill, said, “All politics is local.” This is contact their representatives and senators. It way we can serve. where we come in. The legislators are is often helpful if we can get friends or clients Finally, I want to encourage you to take charged with acting on the numerous bills to contact legislators, too. When you receive care of yourselves. Past-President Tom Levis that come before them, often with little one of these requests, please take a few emphasized lawyer wellness as part of his information on the bills, what is in them, moments and send a short email or make a agenda. Wellness is becoming more import- what the impact will be, who will be phone call to your legislator. ant during the pandemic. impacted, etc. Our legislative team of Jim The foundation of success of this network The pandemic has put pressures on us that Carney, Doug Struyk and Jenny Dorman are is the relationships we establish with our are unprecedented. Lawyers already suffer effective advocates for the bar association at legislators. If you have not done so already, high rates of depression, stress and addiction. the capitol. But there is nothing a legislator please contact them. Let them know you are Some of us have suffered health setbacks, or appreciates more than hearing from available as a resource. Attend local legisla- financial and business setbacks. Some may be constituents. That is why we are implement- tive forums and coffees. Subscribe to your suffering from the effects of prolonged ing the Grassroots Advocacy Network. legislator’s newsletters. Maintain regular isolation. Working from home makes it seem The Grassroots Advocacy Network is a contact with legislators. Timely contact like it never shuts off. system where lawyers can communicate with legislators when requested by the ISBA. Send If you are struggling, or you know someone their legislators to provide a trusted source of a note when you see they do something you who is struggling, please contact Hugh Grady at the Iowa Lawyers Assistance Program, 800- 243-1533 or [email protected]. All calls and referrals are confidential. There are helpful resources available on the website for the Iowa Lawyers Assistance Program at www. iowalap.org. We need to be vigilant in the care of ourselves and each other. Please find some time to care for yourself, eat right and get plenty of rest. If you need help, ask. Take care of yourself.

Jerry Schnurr III Schnurr Law Firm P.C. ISBA President Jerry Schnurr (far right) meets with House Speaker Pat Grassley (center) and House Majority Leader [email protected] Matt Windschitl (left) during a round of ISBA meetings with legislative leaders on Wednesday, Jan. 13 at the Capitol. 515-576-3977 He also met with the Governor’s Legal Counsel Michael Boal, Senate Majority Leader Jack Whitver, Senate President Jake Chapman, Senate Democrat Leader Zach Wahls and House Minority Leader Todd Prichard, to discuss the ISBA’s 2021 legislative agenda.

FEBRUARY 2021 THE IOWA LAWYER 5 Legislative Preview

2021 LEGISLATIVE SESSION PREVIEW

The 2021 Legislative Session began on Jan. 11. When lawmak- COMMITTEE CHAIRS ers gaveled in, there were 26 new legislators between the House For the 2021 session, Rep. Steven Holt (R) Denison will chair and the Senate. This includes the most female members to ever the House Judiciary Committee. Serving as vice chair will be Rep. serve in the Iowa Senate, and the first ever Hispanic-American Stan Gustafson (R) Cumming, who is a lawyer-legislator. Ranking representative to serve in the Iowa Legislature, Representative member of House Judiciary is lawyer-legislator Rep. Mary Wolfe Mark Cisneros (R) Muscatine. Control of the House (59-41) and (D) Clinton. The chair of the Senate Judiciary committee will the Senate (31-18) will remain Republican, as will the Governor’s continue to be Sen. Brad Zaun (R) Urbandale, and vice chair is office. This is the fifth consecutive legislative session under a Sen. Julian Garrett (R), a lawyer-legislator from Indianola. Republican “trifecta.” Serving as ranking member is Sen. Kevin Kinney (D) Oxford. The 88th General Assembly has 17 lawyer-legislators serving, The Justice System Appropriations Subcommittee is a joint with 11 lawyer-legislators in the House and six in the Senate. We committee of House and Senate members. The Senate chair will are fortunate to have lawyers who are willing to be involved in be Sen. Julian Garrett. The House chair will be Rep. Gary Worthan public service. Lawyers understand (R) Storm Lake. Justice System Appropriations is the committee complex issues and can find compro- which funds the judicial branch, indigent defense and legal aid. 2021 SESSION SCHEDULE mise where others may not. The more lawyers who participate in the legisla- STATE BUDGET The 2021 session is the first tive process, the better the work half of the 89th General Iowa Code requires the Revenue Estimating Conference (REC) product is for the state. Assembly. It is scheduled to to meet a minimum of three times a year. They generally meet in Last session, there were 1,538 bills or last 110 calendar days October, December and March. By statute, the state budget is study bills introduced between the running from Jan. 11 to April predicated upon the estimates provided by the December REC House and Senate. We expect a similar 30, but sessions have run unless the following March REC is lower than the December number to be introduced again this shorter and longer. REC. If that happens, the legislature must use the lower of the year, if not more. In the first week of The legislative timetable two. Additionally, if revenues do not meet the budget passed by session alone, the House and Senate also has two dates referred the legislature, action must be taken to balance the budget filed over 300 bills combined. The to as “funnels.” The first including across the board cuts, gubernatorial transfers (not to ISBA was registered on over 350 bills funnel (March 5) requires exceed $50 million) or a special session. last session. These bills were all that bills must be reported The Revenue Estimating Conference held its December reviewed by ISBA members serving on out of committee in the meeting on Dec. 11 to review their FY 2021 and FY 2022 estimates. chamber the bill originated. section legislative committees. We The second funnel (April 2) greatly appreciate the time these FY 2021 requires that Senate-origi- attorneys invest in reviewing these bills The December REC adjusted their estimate for FY 2021 in a nated bills must be reported for our profession. We have included positive direction vs. their October estimate. The REC increased out of House committees the ISBA’s Legislative Flow Chart and House-originated bills their FY 2021 estimate by $57.3 million. This is positive growth showing how legislation is reviewed must be reported out of compared to actual FY 2020 by 0.5 percent. Available revenue and how the positions of the ISBA are Senate committees. exceeds the FY 2021 enacted budget by $195.8 million. determined on page 7.

6 THE IOWA LAWYER FEBRUARY 2021 Legislative Preview

ISBA LEGISLATIVE AND ADMINISTRATIVE REVIEW FLOW CHART Step 1: Chair designates legislative subcommittee of no more than three people. Bills and/or administrative rules are sent to legislative subcommittee by ISBA legislative counsel or ISBA Headquarters. By James Carney, ISBA Legislative Counsel Step 2: Legislative contact directory prepared by Douglas Struyk, Assistant Legislative Counsel legislative counsel after appointments by section Jennifer Dorman, Assistant Legislative Counsel and committee chairs. Step 3: Bills reviewed daily by legislative counsel and referred to section/committee legislative subcommittee. Proposed administrative rules reviewed upon receipt of Administrative Bulletin and referred by legislative counsel to section/committee legislative subcommittee. Section/committee chair has option to receive copies of bills and proposed administrative rules.

Normal Flow

Step 4: Responses to legislative counsel by chair of legislative subcommittee or section/committee chair. Copies sent to each subcommittee member. If conflict exists, legislative subcommittee chair has responsibility to resolve differences. If consensus is reached, chair reports to legislative counsel with copy to section/committee chair, ISBA officers and 2021 LEGISLATIVE SESSION PREVIEW bar headquarters.

FY 2022 Step 5: Legislative counsel to present legislative The December REC also updated their estimate for FY 2022. They predict 3.7 subcommittee position to legislators as official percent growth vs. 2021, which is $296.4 million in new revenue. This amount is ISBA position. $492.2 million more in revenue compared to the FY 2021 budget. This will allow modest growth in the state’s budget and provide flexibility if revenues decline OR due to additional COVID pressures or other economic forces. The state also has over $1.2 billion set aside in various accounts including the cash reserve fund, Step 4: Chair determines issue is of such magnitude or degree of controversy that legislation should be economic emergency fund and the ending balance. presented to entire section council. Section council Based on the December REC and the status of the reserve funds, the state to resolve position and report to legislative counsel budget and state finances are in a strong position compared to other states. This with copy to ISBA officers and ISBA headquarters. is a significantly better budget position for the state than many expected during a global pandemic. However, state legislators will likely err on the side of caution when making their budgeting decisions this session. Step 5: Legislative counsel to present section council’s position to legislators as official ISBA AFFIRMATIVE LEGISLATIVE PROGRAM position. The ISBA Board of Governors has approved the ISBA legislative proposals OR for the 2021 session. Legislative proposals are prepared by various sections, presented to the BOG for approval and adopted as a part of the ISBA legisla- Step 4: Section council refers to ISBA Administrative tive program. A chart outlining the ISBA affirmative legislative program Committee for position. Administrative Committee determines ISBA position. appears on page 10 and 11. The ISBA has one of the most aggressive affirmative programs of any interest group in the state. Normally, the ISBA has anywhere from 15 to 20 proposals Step 5: Legislative counsel to present Administrative each legislative session. This year, there are nine proposals from the Business Committee’s position to legislators as official ISBA Law, Probate & Trust Law, and Construction Law sections. We will keep you position. updated on the progress of these affirmative bills via the Iowa Lawyer and Iowa Lawyer Weekly e-newsletter. OR

Emergent Response Needed Issues Impacting the Practice of Law Step 4: Administrative Committee calls special Board of Governors meeting to determine position. Indigent defense funding – $40.76 million in FY 2021 Approximately 670 Iowa lawyers are signed up to take indigent defense cases. During the 2019 Session, the ISBA legislative team successfully advocated for a Step 5: Legislative counsel to present BOG’s $3/hour increase in the reimbursement rate for contract attorneys. This position to legislators as official ISBA position. increased rate became effective on appointments made on or after July 1, 2019. While we were hopeful that the initial increase would be more, we have dedicated our efforts to pursue additional increases. Our discussions with legislators

FEBRUARY 2021 THE IOWA LAWYER 7 Legislative Preview ISBA MEETS WITH LEGISLATIVE LEADERS TWO LAWYER-LEGISLATORS IN TOP LEADERSHIP POSITIONS Senate Majority Leader – Jack Whitver (R) Ankeny (pictured center) was elected to lead his caucus again in 2019. Leader Whitver was first elected in 2010. He has a bachelor’s degree from Iowa State University, an MBA from Iowa State University and his law degree is from Drake University. Whitver practices law at Whitaker, Hagenow & Gustoff, LLP in Des Moines. House Minority Leader – Todd Prichard (D) St. Charles (pictured right) was selected by the House Democrats to be their leader in 2019. He was first elected in a special election in 2013. He received his undergraduate and law degrees from the University of Iowa. Leader Prichard is an ISBA member and owns his own general practice law firm in Charles City. Learn about the other lawyer-legislators serving this session on the next page.

last session emphasized that $3 was a great start, but we need to do determines there is a substantial or permanent impairment of similar increases the next several years to get to a full $10 increase a bodily function, substantial disinterment or death. Last by FY 2022. February, the Senate passed legislation containing language to Unfortunately, requesting this increase in the midst of a remove the “soft cap” and create a hard cap at $750,000. ISBA global pandemic proved difficult. However, while the efforts members did a tremendous job contacting their legislators in were unsuccessful, there were many positive conversations with opposition to the caps and, as a result, we were ultimately able legislators regarding the need to continue increasing the to defeat these reform efforts in the Iowa House last session. reimbursement rate. However, we expect this issue to be back this year. The ISBA lobbyists and members have continued to work Medical malpractice diligently through the summer and fall to educate members of During the 2020 session, we saw another push to reform the Iowa Legislature on the detrimental impact a hard cap Iowa’s medical malpractice law. In 2018, the legislature would have on Iowans. Hearing from their lawyers back home amended Iowa law to create a “soft cap” of $250,000 on is the single best way to get the ISBA message across. noneconomic damages. This “soft cap” applies unless the jury Contact from constituents THE IOWA STATE BAR ASSOCIATION LAWPAC Far too often, constituents fail to appreciate the importance of communication with legislators. Even though a legislator may The ISBA Board of Governors established Iowa LawPAC in not agree with you 100 percent of the time, they do value 1982. According to its bylaws, the committee’s purposes in contacts from back home and are concerned about their part are to promote and strive for the improvement of government by encouraging lawyers and others to take a more constituency. Whether it is by email, snail mail, calls to the active role in governmental affairs. The committee provides capitol or meetings back home, we encourage you to maintain financial support to individual candidates who are lawyers or communication with your local legislators. Thank them for their who have shown support for the ISBA’s legislative priorities. public service and discuss issues of importance to the profession. If you do not know who your legislators are, visit www.legis.iowa. Learn more at iowabar.org/lawpac. gov/legislators/find.

The ISBA legislative team is composed of Jim Carney, returning for his 46th year MEDIATION SERVICES of representing the bar; Doug Struyk, a former lawyer-legislator serving his eighth year as assistant legislative counsel; and Jenny Dorman, who will be lobbying in her fourth session for the ISBA. All types of Civil Litigation, including: If you have any questions regarding the Business and Commercial Construction ISBA affirmative legislative program, or Employment Intellectual Property Personal Injury any other legislative matter, please feel free to contact us at carney@carneyappleby. com, [email protected] or Michael A. Dee [email protected]. 515.242.2475 [email protected]

8 THE IOWA LAWYER FEBRUARY 2021 2021 Lawyer-Legislators 2021 LEGISLATIVE SESSION LAWYER-LEGISLATORS THERE ARE 17 LAWYERS SERVING AS LEGISLATORS IN THE IOWA HOUSE AND SENATE FOR THE 2021 SESSION. THEY ARE LISTED ALPHABETICALLY BELOW.

HOUSE

Rep. Christina Bohannan Rep. Stan Gustafson Rep. Dustin Hite Rep. Jon Jacobsen (D) HD85 – Johnson County (R) HD25 – Madison County (R) HD79 – Mahaska County (R) HD22 – Pottawattamie County [email protected] [email protected] [email protected] [email protected]

Rep. Megan Jones Rep. Brian Lohse Rep. Brian Meyer Rep. Jo Oldson (R) HD2 – Clay County (R) HD30 – Polk County Assistant Minority Leader (D) HD41 – Polk County [email protected] [email protected] (D) HD33 – Polk County [email protected] [email protected]

Manage Exchange and Professional Risk

Rep. Rick Olson Rep. Todd Prichard Rep. Mary Wolfe with the Midwest’s (D) HD31 – Polk County House Minority Leader (D) HD98 - Clinton County [email protected] (D) HD52 – Floyd County [email protected] Premier Exchange [email protected] Resource

SENATE

Sen. Nate Boulton Sen. Jim Carlin Sen. Julian Garrett Assistant Democratic Leader (R) SD3 – Woodbury County (R) SD13 – Warren County (D) SD16 – Polk County [email protected] [email protected] [email protected]

IPE 1031 6150 VILLAGE VIEW DRIVE • SUITE 113 WEST DES MOINES, IA 50266 515.279.1111 • 888.226.0400 FAX 515.279.8788 WWW.IPE1031.COM Sen. Rob Hogg Sen. Zach Whiting Sen. Jack Whitver [email protected] (D) SD33 – Linn County Assistant Majority Leader Senate Majority Leader [email protected] (R) SD1 – Dickinson County (R) SD19 – Polk County [email protected] [email protected]

FEBRUARY 2021 THE IOWA LAWYER 9 Affirmative Legislative Program

IOWA STATE BAR ASSOCIATION— 2021 Affirmative Legislative Program (Updated 1/29/21) BILL NO. SUBJECT DESCRIPTION STATUS

Iowa Code §633.31 is currently being applied inconsistently throughout the state. There are now House: Placed on House Judiciary Committee Probate & Trust Law several district court cases declaring the clerks in at least six counties to be calculating court Agenda 2/1/21 HSB 20/ Calculation of Pro- fees inappropriately. The bill addresses how the clerks of probate court determines and collects SSB 1011 bate Court Costs charges in connection with services provided in probate matters. Excludes from the determination Senate: Subcommittee recommended passage of court fees property over which the court lacks probate jurisdiction and for which the clerk 1/26/21 renders no services.

Probate & Trust Law House: Subcommittee assigned HSB 27/ Guardianship & Proposed changes to HF 610 to “fix” technical errors and substantive issues with the legislation that passed during the 2019 Legislative Session. This bill only addresses requested changes in Senate: SSB 1007 Conservatorship Iowa Code 633. Subcommittee assigned Update

Probate & Trust Law Proposed changes to HF 591 to “fix” technical errors and substantive issues with the legislation that Family Law House: Subcommittee recommended passage HSB 14/ passed during the 2019 Legislative Session. This bill only relates to amendments to Iowa Code 232D, Guardianship & or the Iowa Minor Guardianship Act. Specially, this bill makes clarifications to the role of “court 1/13/21 SSB 1035 Conservatorship visitor,” background checks, court confidentiality, and when and how the Court should be notified Senate: Subcommittee assigned Update with regard to minor conservatorships.

Amends Iowa Code section 633A.4604 (Certification of Trusts) to require these certifications to include names of all currently acting trustees, state how many trustees must agree if there is more than one House: Introduced and placed on calendar Probate & Trust Law trustee, and allow signers to certify these documents (no longer will signature notarization be required). 1/28/21 HF 29121/ Certification of Amends Iowa Code section 633A.4703 (general order of abatement) to make trust code provisions SF 173 Trusts for abating shares of surviving spouses who don’t take elective shares of the trust be the same as the Senate: Introduced and placed on calendar probate code provisions for abating shares of surviving spouses who don’t take elective shares under 1/28/21 the decedent’s will.

Amends Iowa Code Section 611.22 to limit the parties who can represent a decedent’s interest in litigation following a decedent’s death to parties who can and must treat the results of litigation as any other asset or liability of the decedent’s estate. House: Placed on House Judiciary Committee Legislation would ensure that a decedent’s liability pursuant to litigation isn’t given a higher priority agenda 2/1/21 Probate & Trust Law HSB 35/ for payment than any other claim under §633.425 of the Probate Code, and that any additional assets to Liability of Dece- Senate: Subcommittee recommended passage SSB 1009 which a decedent becomes entitled after death as a result of litigation aren’t exempt from taxes or other dent’s Estate obligations to which estate assets are subject. As proposed, only a personal representative of a dece- 1/28/21 dent’s estate as defined in Section 633.3 or a “successor” as defined in Section 633.356 (the affidavit procedure for settling estates with probate assets worth $50,000 or less) because only these parties are obligated to pay the decedent’s financial obligations (taxes, debts, Medicaid claims etc.).

Creates a new chapter in Iowa Code called “Uniform Custodial Trust Act.” This legislation would provide House: Placed on calendar 1/28/21 Probate & Trust Law a tool to facilitate small gifts to adults akin to the Uniform Transfers to Minors Act (Chapter 565B). Ad- HF 295/ ditionally, this act would be used for litigation proceeds, gifts or bequests to vulnerable adults who may Uniform Custodial Senate: Subcommittee recommended passage SSB 1016 not be qualified to manage the new assets, but where a conservatorship isn’t a suitable vehicle. Finally, Trust Act this proposal will facilitate the management of property for adults and will facilitate estate planning for 1/20/21 testators and trust settlors.

This proposal amends and updates the Iowa Probate Code that governs contested claims in Probate Proceedings, Iowa Code § 633.68-633.449. More specifically, this legislative proposal updates the House: In drafting Probate & Trust Law required procedures in these proceedings to coordinate with the EDMS electronic court-filing system. SSB 1037 Contested Claims in Increases the value of contested claims that can be litigated under these statutes from $300 to the small Senate: Subcommittee recommended passage Probate claims statutory values passed by the legislature in 2019 ($6,500). Finally, this legislative proposal streamlines the notice requirements in these proceedings by removing outdated provisions regarding the use of USPS.

10 THE IOWA LAWYER FEBRUARY 2021 BILL NO. SUBJECT DESCRIPTION STATUS

This proposal amends Iowa Code § 572.8 to allow a mechanic’s lien involving real property covering Construction Law multiple counties to be posted once on the centralized, digital MNLR system and indexed on all House: In drafting Mechanic’s Lien applicable counties. SSB 1006 Senate: Scheduled for Subcommittee Proceedings In addition, this legislative proposal amends Iowa Code § 572.32 to provide statutory certainty on meeting 2/2/21 the recovery of attorney fees by prevailing claimants in mechanic's lien actions where the lien is discharged by a bond.

Along with 33 other states and the District of Columbia, Iowa has generally followed the Model Business Corporation Act in enacting the law governing business corporations. It is substantively sound and well drafted, and it offers benefits to Iowa courts, practitioners, and businesses on ac- House: Subcommittee recommended Business Law count of its widespread adoption, court interpretations (although non-binding), and useful Official passage 1/21/21 Comments. In December 2016 the ABA Corporate Laws Committee published a 4th Edition of the HSB 39 Uniform Model MBCA. The 4th Edition amends the MBCA in various substantive ways. It also represents in part Corporations Act a restatement of the MBCA to include amendments approved since publication of the 3rd Edition; Senate: Subcommittee recommended and in recognition of continuing developments in the law, the 4th Edition integrates the MBCA with passage 1/26/21 the law governing unincorporated business associations such as LLCS. Finally, some changes were made simply to improve clarity.

In addition to the above legislative proposals, The Iowa State Bar Association supports the following positions as part of its 2021 Affirmative Legislative Program:

• Full funding of indigent defense and adoption • Full funding of the IA Secretary of State’s • Support for child abuse prevention and of legislation providing for $5 per hour increase Office as requested by IA Secretary of State treatment efforts and funding for child abuse with an automatic cost of living increase in Paul Pate. prevention and treatment. indigent defense fees. • Full funding for the Office of Substitute Decision • Opposition to the legalization of title insurance. • Full funding of the Judicial Branch. Maker through the Aging and Disability Resource Center to protect the interests of • Opposition to absolute immunity legislation. • Full funding for Legal Services. Iowans who have no one else to manage their • Opposition to arbitrary caps on the recovery of financial and health care needs. damages in medical malpractice cases.

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FEBRUARY 2021 THE IOWA LAWYER 11 THE 2021 CONDITION OF THE JUDICIARY n Wednesday, Jan. 13, Iowa Supreme Court Chief Justice Susan Christensen delivered her first Con- ON HELPING IOWA’S CHILDREN REMAIN WITH THEIR FAMILIES: O dition of the Judiciary speech to a joint convention “My first priority is to ensure that Iowa stands out among all the other states of the General Assembly in the House Chambers. in implementing the Family First (Prevention Services Act).” She outlined the new procedures the Judicial Branch “Studies show that in many cases, the long-term trauma experienced by has implemented to continue operating and provid- children removed from the home and into foster care may, at times, be worse ing access to justice during the COVID-19 pandemic, than any trauma associated with staying in the home. With Family First, many as well as the expansion of implicit bias training for Iowa families in crisis will now receive access to services sooner, before a court employees. She also spoke of priorities related to child is removed from the home, rather than after the family is separated.” child welfare and elevating family treatment courts. These are excerpts from her address. ON COVID-19 MEASURES TO KEEP COURTS FUNCTIONING SAFELY: ON EXPANSION OF IMPLICIT BIAS TRAINING: “We have carefully monitored the pandemic and tried our best to balance the “Over the past six years, the judicial branch ded- need to keep people safe with our steadfast commitment to conduct business icated itself to implementing initiatives that are as necessary. And I am proud to report today that the judicial branch did not designed to identify and eliminate discriminatory succumb to COVID-19.” behaviors which may compound the disparities present in our system of justice as a whole. Chief “People on the front lines of our judicial branch—juvenile court officers, court among these initiatives is providing implicit bias administration, clerks of court, judges, court reporters, just to name a few—helped training to all judicial branch employees. This us brainstorm and imagine what kind of guidelines we must establish to ensure training is designed to expose people to their un- everyone’s safety when they entered a courtroom in any of our 100 courthouses.” conscious biases and provide them with tools to “By adapting to the unprecedented circumstances we’ve faced this year, we have adjust automatic patterns of thinking. The judicial proven that hope cannot be canceled or kept six feet away. We will continue to branch remains steadfast in its commitment to provide Iowans with the access to justice they need to turn their hopes into reality.” becoming better public servants.”

ON ELEVATING IOWA’S FAMILY TREATMENT COURT: “A modern system of justice cannot be limited to a traditional adversarial model like you see on TV. Some matters, such as child abuse and neglect, are best addressed through efforts targeting the root causes of the family’s crisis. In Iowa, we have 12 family treatment courts scattered across the state. Treatment courts give people the help they need to transition out of the justice system and into a healthier, productive life—this benefits not only the participants but our entire state.” “Estimates show that since 2007, our family treatment courts have generated $17.7 million dollars in cost avoidance for the state while allowing the strong majority of the families involved to safely stay together as the parents received treatment.”

12 THE IOWA LAWYER FEBRUARY 2021 Jeff Boehlert and Mark Brownlee, each with 40+ years of varied litigation experience earning “AV Preeminent” ratings from their peers, now confine their practice to MEDIATION & ARBITRATION services in all areas of civil litigation. Jeff and Mark are experienced neutrals with high success rates assisting fellow attorneys and parties with FINDING SOLUTIONS to disputes through effective and efficient use of the confidential ADR process.

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During the Covid-19 pandemic, Jeff and Mark are hosting ZOOM mediation teleconferences to keep all participants safe. COVID AND THE CONFRONTATION CLAUSE DOES REMOTE TESTIMONY PASS By Senior Judge CONSTITUTIONAL MUSTER? Stephen Carroll

“In all criminal prosecutions, the accused shall whether use of the procedure is necessary enshrining this protection in the Constitution 4 enjoy the right…to be confronted with the to further an important state interest.” was to assure that none of the many policy The court narrowly defined its holding: “a interests from time to time pursued by witnesses against him.” U.S. CONST. amend VI. State’s interest in the physical and psychologi- statutory law could overcome a defendant’s cal well-being of child abuse victims may be right to face his or her accuser in court.”14 t the near one-year mark of the sufficiently important to outweigh, at least in Justice Scalia was apprehensive that Craig pandemic, criminal jury trials are just some cases, a defendant’s right to face his would create an open-ended exception to Abeginning again after a lengthy pause. accusers in court.”5 face-to-face confrontation if a court determined Our colleges, churches and synagogues that an important public policy “outweighed” have responded to the pandemic by using RATIO DECIDENDI the defendant’s interest in eyeballing his remote video technology. What are the key facts and rationale that accuser in the courtroom. He was prescient: a Similarly, the judicial branch has kept most drive the outcome in Craig? number of courts have extended Maryland v. wheels of justice turning by remote technology. First, the court employed a cost-benefit Craig to two-way video testimony, both in terms But criminal jury trials are in a special category; balancing approach, weighing the defendant’s 6 of the age of the victim and the nature and they are subject to constitutional constraints. “right” to face his accuser in court against the source of the public policy.15 I am focusing on one constitutional restraint, policy of protecting the physical and psycholog- the Confrontation Clause. Does it prohibit a ical well-being of a child abuse victim. 2002 PROPOSED AMENDMENT TO FEDERAL RULES OF virtual trial? To answer this question, we need Second, the legislature, not the court, CRIMINAL PROCEDURE to review cases involving video testimony. identified and defined the policy. That 37 The United States Supreme Court has not states had similar statutes demonstrated to the decided whether remote two-way testimony court the “widespread belief in the impor- IT ALL BEGAN IN IOWA satisfies the Confrontation Clause. The court, tance of such a public policy.”7 Implementing In Coy v. Iowa, 487 U.S. 1012 (1988), the however, in 2002, expressed doubt about the court held the defendant’s confrontation right a policy that reflected a consensus of the state legislatures, to be sure, gave legitimacy to the constitutionality of such a procedure when it to a “face-to-face” meeting with the witness was rejected a judicial conference-proposed violated when the trial court, pursuant to a court’s decision. amendment to Rule 26 of the Federal Rules of statute with a generalized legislative presump- Third, the court put a thumb on the scale for Criminal Procedure. The proposal would have tion of trauma, placed a screen between the the state’s interest because it was “buttressed by permitted an unavailable trial witness to testify juvenile victims of sex abuse and the defen- the growing body of academic literature via video provided there were “exceptional dant. The witnesses could not see the defen- documenting the psychological trauma by 8 16 dant and he could barely perceive them. child abuse victims who must testify in court.” circumstances” and “appropriate safeguards.” The “right” to a face-to-face meeting with the Fourth, the court imposed strict limits on Justice Scalia explained his “no” vote: witnesses in Coy, though, became a “prefer- this procedure: “Virtual confrontation might be sufficient to ence” in Maryland v. Craig, 497 U.S. 836 (1990). • The finding of necessity is case-specific. That protect virtual confrontation rights; I doubt is, the trial court must hold a hearing, take whether it is sufficient to protect real ones.” MARYLAND V. CRAIG, 497 U.S. 836 (1990). evidence and determine necessity to protect Two years later, in 2004, Justice Scalia, who Facts and procedure the child witness. dissented in Craig, authored the majority • The trial court must make these specific Craig involved criminal prosecution of an opinion in Crawford v. Washington, rejecting the findings: operator of a preschool facility for sexual assault court’s earlier reliability test for the admission 1. The child would be traumatized, not by 18 of a six-year-old girl. Pursuant to a Maryland of hearsay under the Confrontation Clause. the courtroom in general, but by the statute,1 she testified from a separate room, with presence of the defendant;9 a one-way, closed-circuit television feed into the CRAWFORD V. WASHINGTON, 541 U.S. 36 (2004). 2. The victim’s emotional distress caused Facts courtroom. The defendant could see and hear by the face-to-face encounter with the her, but she could neither see nor hear the Crawford was accused of assault. He urged defendant will be more than de minimus, self-defense. His spouse told investigating defendant. The Supreme Court, by a 5-4 vote, more than “mere nervousness or excite- officers the victim did not have a weapon. held this procedure did not violate the ment or some reluctance to testify.”10 Owing to the spousal privilege, she was Confrontation Clause. 3. The presence of the other elements of confrontation – the oath, cross-examina- “unavailable” to testify. The state offered her ANALYSIS tion, and observation of the victim’s statement. He was convicted. The Washington The court set forth a two-pronged test. demeanor – ensures the testimony is Supreme Court affirmed, holding that her The state must prove: (1) the “denial of reliable.11 out-of-court statement, made without an [face-to-face] confrontation is necessary Justice Scalia penned a strident dissent. He opportunity for Mr. Crawford to cross-exam- to further an important public policy,” began: “seldom has the Court failed so ine, had “sufficient indicia of reliability.”19 and (2) the “reliability of the testimony is conspicuously to sustain a categorical guaran- otherwise assured.”2 As to the first prong, tee of the Constitution against the tide of ANALYSIS the court added the requirement of a “case prevailing current opinion.”12 He advocated Justice Scalia, writing for the majority, specific” finding of necessity,3 saying: “The jettisoning the balancing approach13 in favor of reversed the Washington Court, con- critical inquiry in this case is, therefore, a bright-line rule. He said: “the purpose of cluding the Confrontation Clause allows:

14 THE IOWA LAWYER FEBRUARY 2021 Confrontation Clause “testimonial statements of witnesses absent STATE V. ROGERSON, 855 N.W. 2D 495 (IOWA 2014) sufficient and necessary public policy to deny from trial only where the declarant is unavail- Facts face-to-face confrontation. able, and only where the defendant has had In State v. Rogerson, our Supreme Court con- Second, the court referred to, without 20 a prior opportunity to cross-examine.” sidered the issue of whether the defendant was adopting, some justifications other courts have Before Crawford, under Roberts and Craig, denied his constitutional right to be confronted found sufficient to satisfy the Craig “necessi- whether a statement violated the Confrontation ty” prong: serious illness, predisposition to with the witnesses against him when prosecu- 34 Clause depended on a judicial determination tion witnesses were allowed, over objection, panic attacks, being elderly and infirm. of reliability under a totality-of-circumstances to testify via two-way video transmission. Third, no empirical evidence was presented approach. By contrast, Crawford endorsed In this prosecution for serious injury by on the technology of two-way videoconferenc- categorical rules rather than balancing. Under operating a motor vehicle while intoxicated, the ing. Justice Hecht, in his special concurrence, the new categorical approach, the standard is state moved pretrial to allow three out-of-state pointed out that we are not close to having clear: “a witness against an accused must testify victims and three state lab analysts to testify via enough scientific knowledge to be confident face-to-face with the accused, under oath and a two-way conferencing system. After a hearing virtual confrontation is the functional equiv- subject to cross-examination, if reasonably with no evidence presented, the trial court alent of confrontation in the courtroom. possible at trial and not in any other way, such approved the motion; on interlocutory appeal, He raised three relevant empirical ques- 21 as speaking to the police at the stationhouse.” the Supreme Court reversed the trial court. tions. First, does real-time video testimony As Professor Richard Friedman of Michigan diminish the fact-finders’ ability to assess Law School puts it: “The basic conception of ISSUES FRAMED credibility? Second, is a witness less likely to Crawford is simple. The Confrontation Clause The state argued testimony via two-way video tell the truth when the confrontation is by does not speak in terms of hearsay, or reason- conference was the functional equivalent of video? And third, how, if at all, is the ability to ableness, or reliability. Rather, it says in straight- testimony in the courtroom, in the defendant’s cross-examine affected?35 forward terms that the accused has a right to be presence. Defendant argued video testimony Fourth, because the litigants did not raise the 22 confronted with the witnesses against him.” was not an adequate substitute for face-to-face issue of the effect, if any, the Crawford decision confrontation and urged the court to adopt a HAS CRAIG SURVIVED CRAWFORD? SHOULD IT? may have on Craig, our court did not have the standard requiring the state to prove necessity opportunity to rule on this important question. The analytic approaches to, and conceptions before allowing witnesses to testify via two-way But the Michigan Supreme Court, in People v. of, the Confrontation Clause in the two deci- video. Deciding the defendant had the better Jemison, had the recent opportunity to do that in sions are substantially different. Craig involved argument, the court adopted the analytical a clear, categorical, persuasive ruling filed June a balancing of interests: the public policy 31 framework of Maryland v. Craig, concluding: 22, 2020.36 interest in protecting young victims of child “Hence, before permitting a witness to testify abuse weighed against the defendant’s interest via two-way videoconference, the court must PEOPLE V. JEMISON, 2020 WL 3421925. rooted in the Confrontation Clause. Under this make a case-specific determination that the balancing scheme, face-to-face confrontation Facts denial of the defendant’s confrontation right is Jemison was convicted of rape. The DNA was a preference, not an absolute requirement necessary to further an important public inter- of the defendant’s confrontation rights. analyst, located in Utah, testified, over objec- est. If the court finds such an interest, it must tion, via Skype. Applying Craig, the trial court Crawford unequivocally rejected the second assure the reliability of the remote testimony.”32 prong (reliability) of the Craig analysis. Much reasoned it would have been costly and difficult Applying Craig, the court held the state to bring the expert to Michigan to testify. of Justice Scalia’s dissent in Craig became his failed to meet the necessity prong of that opinion in Crawford. He condemned subjective 33 The Michigan Supreme Court quickly standard. Arguments of convenience and dispatched this necessity argument: “Such judicial balancing: “by replacing categorical cost-savings just do not cut it, the court said. constitutional guarantees with open-end- a rule would have perverse consequences: ed balancing tests, we do violence to their APPLICATION FOR THE BENCH AND BAR the prosecution could deprive a criminal design.” 23 “Whether a statement is deemed As a trial judge applying Rogerson, what would defendant of confrontation rights by using reliable;” he observes, “depends heavily on I consider important? out-of-state analysts to save money and which factors the judge considers and how First, the state did not present any evidence, then cite cost-savings as a justification for 37 much weight he accords each of them.”24 making only arguments of convenience, not providing face-to-face testimony.” The United States Supreme Court has efficiency and cost-saving. Based on this Notably, the Michigan Supreme Court not decided whether Craig survives Crawford. record, it is difficult, if not impossible, to confinedCraig to its specific facts: “We will But both Justice Scalia and Justice Thomas predict what our court would consider to be a apply Craig only to the specific facts it decided: have resisted extending Craig beyond its facts.25 They would prefer that Craig remain an outlier, barren of any progeny. But, in the common law, cases have a generative effect; they beget later cases. Craig is no exception. Both federal lower courts and state courts have held that Craig survives Crawford and applies to determining the constitutionality of two-way remote testimony.26 They have not limited Craig to its facts and have held these “public policy” interests warrant eliminating the face-to-face requirement of the Confrontation Clause in other situations, such as protecting national security in terrorism cases,27 effectively prosecuting international drug smuggling,28 protecting health of witness with serious health condition, 29 protecting witnesses from defendant’s intimidation.30

FEBRUARY 2021 THE IOWA LAWYER 15 Confrontation Clause a child victim may testify against the accused by SO, WHAT IS THE LAW? 1 Md. Cts. & Jud. Proc. Code Ann. € 9-102(a)(1)(ii) (1989) 2 Maryland v. Craig, 497 U.S. 836, 850 (1990) (citing to Ohio v. Roberts, means of one-way video (or a similar Craig-type Well, we don’t know. It is unsettled. Questions 448 U.S. 56, 64 (1980)) process) when the trial court finds, consistently remain in Iowa: Has Craig survived Crawford? 3 Id. at 855-56. with statutory authorization and through a If so, should Craig be confined to its facts? If 4 Id. at 852. case-specific showing of necessity, that the child 5 Id. at 853. not, how do trial courts determine what is an 6 38 By “right” I share Judge Richard Posner’s view that “Constitutional needs special protection.” “important policy?” Once the public policy is rights are created mainly by the Supreme of the United States by ‘interpretation’ of the constitutional text.” See Richard A. Posner, Not a The court determined Crawford “did not identified, what factors should the trial court Suicide Pact: The Constitution in a Time of National Emergency, at p. specifically overruleCraig , but it took out its legs. use in balancing the state’s interest against 18. 7 Id. at 853. To reconcile Craig and Crawford, we read Craig’s the defendant’s “right” to confrontation? 8 Id. at 855. 39 holding according to its narrow facts.” 9 Id. at 856. WHAT TO DO? 10 When Crawford overruled Roberts and did away Id. with reliability balancing, it put Craig’s reliabili- In our current crisis, the primary consider- 11 Id. at 856-857. ation is the necessity of keeping masked people 12 Id. at 860. ty-focused rule into doubt.”40 a sufficient distance apart. But this is not a 13 Ohio v. Roberts, 448 U.S. 56 (1980), positively sanctioned the Richard Friedman, professor of law at balancing or reliability analysis. Crawford v. Washington, 541 U.S. 36 sufficient public policy to conduct criminal (2004) expressly overruled Roberts. Michigan Law, in his blog on the Confronta- trials remotely. Under Craig, there must be 14 Maryland v. Craig, 497 U.S. at 861. tion Clause, put it succinctly: “The categorical, 15 See e.g. State ex rel. Montgomery v. Kemp, 371 P. 3d 660 (Ariz. 2016) a “case-specific” finding, an individualized (permitted adult victim of kidnapping and sexual assault victim to procedural approach of Crawford is entirely determination. A blanket rule is not permitted. testify via two-way video ); White v. State, 116 A.3d 5201 (Md. Ct. Spec. App. 2015) (witness in cold case allowed to testify via two-way antithetical to the balancing-reliability Fortunately, as Chief Justice Christensen conferencing because it would be “cruel and unusual to require her to 41 fly” given her health concerns); Missoula v. Duane, 355 P.3d 729 (2015) approach that underlay Craig.” noted in her Jan. 13 Condition of the Judiciary (allowing video testimony on grounds of cost-saving and efficiency); Bush v. State, 193 P.3d 203 (Wyoming 2008) (not violative of address, the judicial branch has not succumbed Confrontation Clause when physician warned against traveling); For HAS CRAIG SURVIVED CRAWFORD ? additional cases see: Jessica Smith, “Remote Testimony and Related to COVID-19. Judges Badding (2B), Latham Procedures Impacting a Criminal Defendant’s Confrontation Rights, Most courts have continued to apply ADMIN. OF JUST. BULL. No. 2013/02 (UNC School of Government, Feb. (7) and Reidel (7) successfully conducted pilot 2013 at Notes 45 and 46. Craig. Those decisions can be sorted into jury trials. Masks were required. Participants 16 Order of the Supreme Court, 207 F.R.D.89,94 (2002). three categories: (1) where, like Rogerson, “socially distanced.” When social distancing 17 See Amendments to Rule 26(b) of the Fed. R. Crim. Pro., statement of Crawford was not raised; (2) where Craw- Scalia, J. (April 29,2002). was not possible, plexiglass dividers were used. 18 See Professor Wayne LaFave, 6 Crim. Proc. § 24.2(f) (4th ed.). ford was argued but the court concluded With these precautions, most courtrooms 19 Crawford v. Washington, 541 U.S.36,41 (2004). that, had the Supreme Court intended to could accommodate the judge, court reporter, 20 Id. at 59. overrule Craig, it would have done so explic- parties, attorneys and jury. These precautions 21 Friedman, Richard D,” Rescued from the Grave and Then Covered with Mud: Justice Scalia and the Restoration of the Confrontation itly; and (3) where, like Jemison, the court satisfy the primary aim of keeping masked Right,” Minn. L. Rev. Headnotes 101, Scalia Symposium (2016): 39 at 43. reconciled Craig and Crawford by confining people a sufficient distance apart, and the 22 Id. at 42. Craig’s application to its specific facts. defendant’s confrontation right remains intact.42 23 Crawford, 541 U.S. 68. 24 Id. at 37. 25 See 44-MAY Champion 56, “Ain’t Nothing Like the Real Thing: Will Coronavirus Infect the Confrontation Clause?” See also Marx v. Texas, 528 U.S. 1034 (1999) (Scalia, J. dissenting from denial of certiorari); Danner v. Kentucky, 525 U.S. 1010 (1998) (Scalia, J. dissenting from denial of certiorari.) HDH DVISORS 26 See Jessica Smith, Remote Testimony and Related Procedures A Impacting a Criminal Defendant’s Confrontation Rights, ADMIN. OF JUST. BULL. No. 2013/02 (UNC School of Government, Feb.2013. 27 Offering business appraisal, financial advisory, litigation support and United States v. Abu Ali, 528 F3d 210,240-41 (4th Cir. 2008). 28 United States v. Rosenau, 870 F, Supp. 2d 1109,1113 (W.D. Wash. related professional service to clients across the United States 2012). 29 See cases listed note 63, in Smith, supra note 26. Combined, our team represents approximately 25 professionals and over 30 State v. Johnson, 958 N.E. 977,989 (Ohio Ct. App 2011). 100 years of experience Expert Witness Testimony 31 Given there was no evidence, once the Court adopted the Craig standard, “Les Jous Sont Faites” (the game is over). Contact one of our professionals in Des Moines for: 32 State v. Rogerson, 855 N.W. 2d 495, 505 (Iowa 2014) 33 Id. at 507. 34 EXPERT WITNESS BUSINESS VALUATION Id. at 502-03. 35 Id. at 508-10. 36 People v. Jemison, 505 Mich. 352, 2020 WL 3421925 (2020). ECONOMIC DAMAGES MERGERS & ACQUISITIONS 37 Id. at 364. 38 Id. at 365. 39 Id. at 356. 40 Id. at 363. 41 Friedman, Richard, “A Significant Decision on Remote Testimony,” We’ve recently The Confrontation Blog, June 23,2020, http://confrontationright. blogspot.com/2020/06/a-significant-decision-on-remote.html. moved and 42 If a witness is ill with COVID-19, Iowa R. Crim. P. 2.13(2)(a) might be used. It permits, under special circumstances, the taking of a expanded! New deposition of a witness to preserve the testimony for use at trial. See Rogerson, at FN 5 and State v. Rainsong, 807 N.W.2d 283 (Iowa 2011) office in West (discussing this provision). Des Moines!

Stephen Carroll is a senior judge in District 2A and was appointed to the bench in 1985. He is a member of the Benchbook Executive Committee and Adjunct Professor Business Appraisal I Litigation Support I Financial Advisory I ESOP’S at Simpson College and Mitchell Hamline School of Law. The opinions and views expressed DES MOINES I 4201 Westown Pkwy, Suite 340 I West Des Moines, Iowa I 515.225.3796 in this article are the author’s and not those of the ATLANTA I 2002 Summit Boulevard, Suite 950, Atlanta, Georgia I 770.790.5000 Iowa Judicial Branch, the Benchbook Executive WWW.HDHADVISORSLLC.COM Committee, Simpson College or Mitchell Hamline Law School.

16 THE IOWA LAWYER FEBRUARY 2021

HDH IA Lawyer 2020new.indd 1 9/1/20 2:50 PM PRACTICE TIPS FROM NEW JUDGES uch of this content was originally shared at a templates we can use, but working from a until after the deadline for a resistance Polk County Bar Association virtual luncheon submitted Word document is much easier. passes. Most judges, even new judges, have M called “I Wish I Knew Then… New Judges’ In complex cases, being able to repurpose been burned by assuming that a motion Tips for Practitioners” on Oct. 13, 2020. a statement of facts speeds up opinion was unresisted. So, we wait. On the other writing a great deal. Even if we use little hand, if you note that your motion is Hon. David Nelmark content from your document, you will have unresisted, it is likely to be ruled on saved us the time of creating the caption quickly (especially if you include a In private practice, I often heard (and (which you already have at your disposal proposed order with the filing)! sometimes made) the complaint that a from creating the motion). If you cannot get consent from the op- particular client acts as if he or she is your Proposed orders have the added benefit posing side, note that the motion is resist- only client and expects you to drop of showing up separately in a judges’ ed. It prevents the judge from wondering. everything to help. As a judge, I can tell queue and are thus less likely to be And, if the other side fails to follow this you that a number of attorneys act as if overlooked than a motion standing alone. advice and files something without asking their cases are the only ones on the judge’s When you submit proposed orders, do you first, but you do not resist, file your docket. not include dates, blanks for dates or own short notice indicating there is no In reality, my docket has 278 open civil signature lines. All orders are signed and resistance. It will keep the docket moving cases. That does not include any cases dated electronically, so we have to delete and you will score points for cooperation. where I might be covering for another any such things you include. judge – in Polk County or elsewhere in 3. Use case numbers in District 5. That does not include any family 2. Note whether your motion correspondence law trials (which, in Polk County, are Judges’ preferences vary as far as assigned to a judge the day before they is resisted If you do not indicate whether your receiving email, but one thing is consis- begin). So, as in private practice, judges motion is resisted or unresisted, the tent: If you are going to email a judge have a lot of work to do. Unlike most law motion is likely to sit in the judge’s queue about a matter, include the case number. firms, there is not a lot of staff to assist in doing it. In District 5C, due to turnover, we currently have one staff attorney and one law clerk. Even when fully staffed, we will have only four law clerks. When I was a federal clerk, there were four of us supporting one judge. In Polk County, our MEDIATION AND ARBITRATION SERVICES four clerks will support 17 district court For workers’ compensation, civil litigation, and family law cases judges and 14 district associate judges. With that preface, here are six tips designed to help lawyers make judges’ lives easier. When you save us time, it results in faster rulings on your cases. 1. Two words: Proposed orders If you remember nothing else from this Virtual mediations available via telephone and video conference article, remember the usefulness of Call to Schedule: (515) 244-0111 www.hhlawpc.com/mediation proposed orders. We do have some

FEBRUARY 2021 THE IOWA LAWYER 17 Practice Tips

The case number (including the four If you are experiencing a delay and as a judge or lawyer that I can draw upon letter prefix of LACL, DRCV, etc.) is by far it is not just due to the judge having a in deciding a motion. But sometimes the easiest way for us to look up a case. The backlog, it may be one of these reasons: I do not. So don’t be afraid to explain faster we can pull up the docket and get a) The clerk’s office is delayed. This is the applicable law, especially if the issue context for your message, the faster you especially likely with clerk staff working presented is uncommon or involves a will get a response. remotely during the pandemic. If you specialized area of the law. My sole goal have filed something that is time-sen- is to make a correct decision. Ultimately, 4. Cite cases accurately sitive, most judges are fine with you I will make a decision on your motion Most judges do not care if you underline alerting them or their assistants that the based on my own independent review of or italicize cases, or if your abbreviations filing has been made. If we are alerted the law and the facts, but your advocacy are completely consistent with The to a filing, we can generally see it even is a critical component of this process. Bluebook. It is frustrating, however, to if the clerk’s office has not approved it. In fact, as a judge, it has been a revelation enter the numbers from a citation in a b) The clerk’s office did not realize to learn how important oral arguments can brief into Westlaw and come up empty. the motion required judicial action. be to my decision making. It is not uncom- Before submitting a brief, double check Only things that a judge has to deal mon for me to reach a different conclusion these numbers yourself by cutting and with are pushed through to the than I had anticipated going into a hearing. pasting them into your legal research tool queue. For example, we do not see My advice therefore is to be prepared, take to make sure it pulls up what it is you want Petitions, but we do see Motions to motion hearings seriously, and use your the judge to read. Compel. If the request for action is time to provide the court with the law it buried in something else (such as needs to make a correct decision. 5. File attachments and exhibits a request for hearing in the middle properly of a status report), the staff member 2. Bench trials First and foremost, if your brief refer- assigning the filing may not get it to When a bench trial begins, no one in ences an exhibit, make sure it is electron- the right place. This is another reason the courtroom should know the case or ically filed along with the brief. Second, to provide proposed orders – they are the issues better than the lawyers. I make sure it is filed under the right tab; always placed in the judge’s queue! certainly do not. I am typically notified the “Proposed Exhibits” tab should be EDMS does feature an “emergency” which case I am going to preside over late used for hearings and trials where the designation which moves a filing to the the day before or even the morning of judge will rule on the admissibility of the top of the list and is highlighted within trial. I always give lawyers an opportunity exhibit. If it is a document accompanying the judge’s queue. Please be aware that to present an opening statement. Surpris- a brief, it is generally an “attachment” “emergency” means time-sensitive, not ingly, most lawyers decline my invitation, rather than an exhibit. Third, reference just important to your case. If you over- perhaps out of fear that they will be attachments in the brief, but file them use the emergency designation, it is like perceived as wasting the court’s time. as separate documents. When they are crying wolf too many times and your All judges are different, but I for one all included as part of a single PDF, it real emergencies may get overlooked. welcome a concise, non-argumentative is hard to find and review them later. opening statement in a bench trial. If efficiently done, in a minute or two, you 6. Be aware of EDMS protocols Hon. Coleman McAllister can give me a preview of what the case is Upon taking the bench, I also learned I will also offer six tips to help improve about, what evidence I am going to hear that, while judges and lawyers both use your advocacy. and why I am going to hear it. I find this EDMS, the interface for judges is decid- to be valuable. Even if you are not asked to edly different. When you file something, 1. Motion hearings present it, preparing an opening statement it does not go to the judge, it goes to the Keep in mind that district court judges will force you to think and focus on the clerk. We only know it exists if the clerk are generalists who come from varied important evidence and issues in your approves it and puts it in our queue or practice backgrounds. Sometimes I have case. Frankly, if you are unable to explain you email us and tell us it is there. prior experience dealing with a legal issue succinctly and precisely what your case is about in a minute or two, then you may not be ready to effectively present your case. Once the bench trial begins, don’t strain the court’s patience by wasting time and energy on extraneous matters not germane to the issues to be decided. It seems overly simplistic, but effective advocates identify the factual and legal issues before the court and focus their presentation of evidence on those issues alone while avoiding needless repetition. Choose your witnesses and exhibits accordingly. Less is usually more. You don’t always have to use every arrow in your quiver. 3. Jury trials Jury service, while an important civic duty, causes an interruption and disruption in jurors’ lives. Be respectful of and avoid

18 THE IOWA LAWYER FEBRUARY 2021 wasting the jury’s time. Have your witnesses are a few minutes late, it feels like an in kind and do not make personal attacks ready so that court can begin on time and eternity because everyone is just sitting and in your pleadings or arguments to the continue without any delays between waiting for you. If a litigant is incarcerated, court – even if the other side is engaging witnesses. Be organized and prepared in the staff at the jail or correctional facility is in them. Frankly, if a personal attack is your witness examinations. Consider likely juggling multiple hearings, so your justified, it is likely already clear to the utilizing an outline to improve your pace of delay impacts more than just your case. judge who is to blame. Take the high road. questioning. I can tell you that it is much Doing so will earn you the judge’s respect. easier to keep the interest and attention of 5. Courtesy the jury if there are not long pauses Lawyers have a duty to be zealous between questions. advocates. I admire and expect zealous Judge David Nelmark was Think through in advance any evidentia- advocacy in my courtroom because I appointed to the bench in ry issues that may arise during your trial truly believe it leads to better decision 2019. He received his Bachelor of Arts degree from Drake and address them in pre-trial motions. making. Be respectful and courteous to University in 1999 and his Doing so will avoid the need to take up other lawyers. No judge enjoys presiding law degree from Stanford over matters where lawyers spend their Law School in 2005. His past matters outside the jury’s presence, will experience includes working keep the trial moving along and will avoid court time litigating their grievances for Gislason & Hunter LLP and Belin McCormick, inconveniencing the jurors. It will also with each other instead of arguing about PC. He is a past president of the American Mock Trial Association and a past president of the give the court the necessary time to make the law and the facts of the case. Don’t Polk County Bar Association. He is a member an informed decision on any evidentiary confuse the advocate with the advocacy. of the ISBA Board of Governors. issues that may arise in the trial. As a lawyer I was privileged to develop friendships with many of the lawyers that Judge Coleman McAllister was appointed to the bench 4. Punctuality I tried cases against. I hope you in April 2019. He received Be on time. While punctuality has endeavor to do the same. his undergraduate degree in History from the University of always been important, it is especially Missouri-Columbia in 1990 and important in the time of COVID-19. If 6. Avoid personal attacks his J.D. from the University of your hearing is in-person, arrive at the Related to the previous tip, we have Missouri Law School in 1993. Before his appointment to the courthouse early so that if your case is probably all been involved in cases where bench, he worked as a judicial law clerk, four moved you can still make it to the new a lawyer or litigant acts discourteously years in private practice, and 20 years prosecuting cases as Sioux County Attorney and with the courtroom on time. If your hearing is by or is difficult to deal with. When this Iowa Attorney General’s Office. He is a member phone or an online video platform and you happens, resist the temptation to respond of The Iowa State Bar Association.

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FEBRUARY 2021 THE IOWA LAWYER 19 ABA RELEASES ETHICS OPINION ON RESPONDING TO NEGATIVE ONLINE REVIEWS On Jan. 13, the American Bar Association (ABA) to a client’s representation or that would lead post an invitation to contact them privately to Standing Committee on Ethics and Professional to discovery of confidential information would resolve the matter. Another permissible online Responsibility released Formal Opinion 496 exceed any disclosure permitted under the rule. response would be to indicate that professional regarding responses to online criticism. As a best practice, lawyers should consider considerations preclude a response. In summary, the opinion states: Model Rule of not responding to a negative post or review, The Iowa Supreme Court has stated that when Professional Conduct 1.6(a) prohibits lawyers because doing so may draw more attention to the ABA issues an ethics opinion covering from disclosing information relating to any it and invite further response from an already an area of practice, the ISBA should refer client’s representation or information that could unhappy critic. Lawyers may request that the Iowa lawyers to that opinion for guidance. For reasonably lead to the discovery of confidential website or search engine host remove the the latest ABA formal ethics opinions, visit information by another. A negative online information. Lawyers who choose to respond www.americanbar.org/groups/professional_ review, alone, does not meet the requirements online must not disclose information that relates responsibility/committees_commissions/ of permissible disclosure in self-defense under to a client matter, or that could reasonably lead ethicsandprofessionalresponsibility/. Model Rule 1.6(b)(5) and, even if it did, an online to the discovery of confidential information response that discloses information relating by another, in the response. Lawyers may DISCIPLINARY OPINIONS CASE NO. 20-0824: IOWA SUPREME CASE NO. 20-0797: IOWA SUPREME Said violated a number of disciplinary rules that require an attorney keep his COURT ATTORNEY DISCIPLINARY COURT ATTORNEY DISCIPLINARY client adequately informed about the BOARD V. R. SCOTT RHINEHART BOARD V. MICHAEL H. SAID representation. The commission further Filed Jan. 8, 2021 Filed Jan. 8, 2021 found that Said revealed client information (Summary adapted from the opinion by (Summary adapted from the opinion by without the client’s consent. The com- Justice McDonald) Justice Appel) mission held that the remainder of the The Iowa Supreme Court Attorney Disci- The Iowa Supreme Court Attorney Dis- charges were not supported by a convinc- plinary Board filed a two-count complaint ciplinary Board filed a complaint against ing preponderance of the evidence. As against attorney Richard Rhinehart arising attorney Michael Said, an Iowa attorney a result, the commission recommended out of Rhinehart’s conduct in two separate admitted to the bar in 1994. Said formed that the Supreme Court publicly repri- litigation matters. Each count of the com- his own law firm in 1999, focused on mand Said. Based on a de novo review, plaint corresponded to one of the litigation immigration law. The board alleged 26 and with a prior disciplinary record as an matters. In each count, the board alleged violations of the Iowa Rules of Profession- aggravating factor, the court suspended multiple violations of the rules of profes- al Conduct arising out of representation the license of Said for thirty days. sional conduct. A division of the Iowa Su- of four clients in immigration matters, in- preme Court Grievance Commission found cluding violations related to competence, Rhinehart violated the rules in five respects diligence, promptness, client disclosures and recommended the Iowa Supreme and communication, conflict of interest Court suspend Rhinehart’s license to and charging unreasonable fees. practice law for not less than 90 days. On After a hearing, the Iowa Supreme de novo review, the court concluded the Court Grievance Commission found that board failed to prove the alleged violations and dismissed the complaint.

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redating our county’s incep- the study’s author stated: “[c]hildren percent of persons killed during law tion, color, race and class have in most societies are considered to be enforcement interactions were black Pshaped how people view their in a distinct group with characteristics males between the ages of 20 and 40. role in society and have, in turn, such as innocence and the need for Statistics from North Carolina may help been a catalyst for animosity for both protection. Our research found that explain this to some extent. Between citizens and law enforcement. While black boys can be seen as responsible 2002 and 2016, black persons were 63 egalitarianism is the goal, sadly not for their actions at an age when white percent more likely than white persons all childhoods are created equal. boys still benefit from the assumption to be pulled over even though, as a Research published in 2014 by the that children are essentially innocent.” whole, they drive 16 percent less. Taking American Psychological Association In 2015, 44 percent of American youth into account less time on the road, shows that black boys as young as 10 killed during law enforcement interac- blacks were roughly 95 percent more are more likely than their white peers tion were black or Hispanic — despite likely than whites to be pulled over. On to be perceived as both older and only comprising 38 percent of the 2014 the whole, victims of deadly law enforce- guilty, and face law enforcement use youth population. This disparity is ment interactions are more than twice of force when accused of a crime. As growing. By October 2017, 71 percent as likely to be black instead of white. of youth under 18 killed during law en- America has recently been rocked by a forcement interactions were black or His- series of well-reported deaths of persons panic. These statistics illustrate that all of color as a result of law enforcement youth, but especially youth of color, are interactions — George Floyd, Breonna in dire need of education on the rules Taylor, Ahmaud Arbery, Philando governing what actions law enforcement Castile, Alton Sterling, Freddie Gray, may take and under which conditions. Tamir Rice, Sandra Bland and Michael This is the need Justice101 aims to fill. Brown, among countless others. A Justice101 is an extension of Street common thread in these tragedies are Law — a curriculum my law school law enforcement interactions marked classmate and I developed and taught by escalations leading to loss of life. in 2016 in response to an increase in Justice101 aims to break the cycle by publicized cases of lethal interactions giving youths of color the tools needed between law enforcement and people of to understand and contextualize the color. Street Law aims to teach youths events occurring during an interaction of color the fundaments of the Fourth with law enforcement, what their specific Amendment — specifically what the rights are at different points in the law requires of both law enforcement interaction and the appropriate time and citizens during those interactions. to advocate for those rights — namely In a lot of ways, Street Law began with after the interaction has ended and Michael Brown’s August 2014 death and they are speaking with legal counsel. A resulting turmoil in Ferguson, Missouri. main Street Law objective is teaching Similarly, Justice101 began with George youths what the law allows and prohibits Floyd’s May 2020 murder and the result- during various types of contact with ing worldwide unrest. After developing law enforcement. By teaching youths to the curriculum, we taught the first Street internally catalogue law enforcement Law class at City High in Iowa City in violations, while respectfully comply- March 2016. It has since been taught ing with orders, youths are better able at both City High and Metro High in to navigate their conversation with Cedar Rapids to classes of high school law enforcement as well as actively students. Justice101 incorporated and participate in their own defense. achieved nonprofit status in June 2020. Most people experience the stress According to the Washington Post, of a traffic stop at some point in their between 2015 and 2021, roughly 95 lives — the uncertainty of a ticket, the

22 THE IOWA LAWYER FEBRUARY 2021 anxiety of its impact on insurance, perhaps the fear of disappointing a spouse or a parent. Law enforcement also face the unease of the unknown — an unknown person of indeterminate motive, in an anonymous car, who may or may not have a weapon. Imagine being a person of color going into a traffic stop knowing, perhaps innately, that the likelihood of a catastrophic outcome is higher than that of your peers. Street Law makes the unknown more familiar. It gives youths confidence in knowing how a law enforcement interaction is meant to proceed so they are better able to identify The last in-person Street Law class occurred at Metro High in January 2020. Pictured: Heaven Chandler, when the rules are not followed. Crystal Pound and Maliya Rattliffe. The ISBA Young Lawyers Division Executive Council recently Justice101’s Street Law classes focus approved a funding request from Justice 101 to help cover some of the cost of moving its programming into an online format. on the four main situations where youths come into contact with law is a litigation enforcement — while walking on the Crystal Pound attorney at Simmons Perrine street, traveling in a vehicle, at school Moyer Bergman whose practice or at home. Street Law explores the breeds confidence and ensures that includes guardianships and different power dynamics inherent in law enforcement and the communities conservatorships, business and interactionsinteractions based based on on the the setting, setting, as as theythey serve serve are are working working from from the the same same commercialcommercial litigation, litigation, transpor transpor- - wellwell as as the the expanding expanding and and restricting restricting basebase understanding understanding of of civil civil liberties. liberties. tationtation law law and and municipal municipal law. law. She She earned earned her her law law naturenature of of their their Fourth Fourth Amendment Amendment Justice101’sJustice101’s vision vision moving moving forward forward degreedegree from from the the University University of of Iowa Iowa College College of of rightsrights in in those those same same environments. environments. The The includesincludes expanding expanding the the reach, reach, accessibil accessibil- - LawLaw in in 2016 2016 where where she she was was awarded awarded the the Philip Philip curriculumcurriculum is is built built to to allow allow law law students students ityity and and impact impact of of its its Street Street Law Law classes. classes. G.G. Hubbard Hubbard Human Human Rights Rights Award. Award. toto teach teach substantive substantive classes classes explaining explaining Justice101’sJustice101’s current current and and most most immediate immediate thethe characteristic characteristic distinctions distinctions between between goalgoal is is converting converting the the curriculum curriculum into into beingbeing free free to to leave leave a alaw law enforcement enforcement a avirtual virtual format format available available on on its its website website interaction,interaction, a adetainment detainment and and an an arrest. arrest. —— www.justice-101.org. www.justice-101.org. It It is is currently currently De-escalation,De-escalation, especially especially during during workingworking to to record record a avirtual virtual Street Street Law Law traffictraffic stops, stops, is is oneone ofof a a handfulhandful ofof coursecourse to to be be used used during during the the contin contin- - Justice101’sJustice101’s key key objectives objectives on on the the path path uedued COVID COVID pandemic pandemic and and beyond. beyond. toto save save lives. lives. For For instance, instance, in in the the event event TheThe organization organization believes believes its its core core youthsyouths are are unsure unsure about about whether whether they they missionmission is is vital vital to to area area youth youth of of color color DIGITAL areare being being detained, detained, they they are are taught taught acrossacross the the state state of of Iowa. Iowa. We We are are also also toto respectfully respectfully ask ask the the officer. officer. In In the the reachingreaching out out and and forging forging relationships relationships FORENSICS & eventevent they they are are free free to to go, go, youths youths are are withwith Iowa Iowa schools schools and and other other educational educational taughttaught to to immediately immediately leave. leave. In In the the organizationsorganizations that that may may be be interested interested INCIDENT eventevent they they are are being being either either detained detained inin utilizing utilizing and and encouraging encouraging the the use use oror placed placed under under arrest, arrest, youths youths are are ofof Justice101’s Justice101’s Street Street Law Law classes classes for for RESPONSE taughttaught to: to: 1) 1) ask ask for for their their parent parent or or youths,youths, clientele clientele and and interested interested area area guardian,guardian, 2) 2) ask ask for for an an attorney, attorney, 3) 3) tell tell residents.residents. Now Now more more than than ever, ever, people people thethe officer officer they they wishwish to to remain remain silent. silent. needneed to to learn learn how how to to empathize empathize and and Through our digital forensics service, InIn teaching teaching youths youths what what the the Fourth Fourth commiseratecommiserate with with those those holding holding diver diver- - we enable clients to make informed Amendment protects — and what gent views. Only when law enforcement Amendment protects — and what gent views. Only when law enforcement decisions about security incidents itit does does not not — — youths youths gain gain a aclearer clearer andand the the communities communities they they serve serve truly truly by identifying, preserving, analyzing, understandingunderstanding of of their their role role and and understandunderstand each each other other can can unwarrant unwarrant- - responsibilitiesresponsibilities during during contact contact with with law law eded law law enforcement enforcement violence violence end. end. and presenting digital evidence. enforcement.enforcement. Street Street Law Law challenges challenges LawyersLawyers who who wish wish to to get get involved involved • Forensic Investigations youthsyouths to to place place themselves themselves in in the the shoes shoes maymay contact contact us us on on the the website website about about ofof others others and and imagine imagine how how they they might might volunteeringvolunteering or or email email me me directly directly at at • Forensic Imaging perceiveperceive the the same same situations situations differently. differently. [email protected]@justice-101.org. Of Of course, course, the the • Expert Case Review AreaArea attorneys attorneys volunteer volunteer during during the the processprocess of of expanding expanding Justice101 Justice101 requires requires classes,classes, answering answering legal legal questions questions as as resources,resources, and and monetary monetary donations donations thethe youths youths make make specific specific inquiries. inquiries. areare welcome welcome to to fund fund our our efforts. efforts. Do Do- - StreetStreet Law’s Law’s goal goal has has always always been been nationsnations are are also also being being accepted accepted on on toto empower empower youths youths with with knowledge, knowledge, Justice101’sJustice101’s website. website. As As Martin Martin Luther Luther andand thereby thereby enable enable them them to to accurately accurately KingKing Jr. Jr. said, said, “our “our lives lives begin begin to to end end conveyconvey the the events events to to their their lawyers lawyers once once thethe day day we we become become silent silent about about things things pratum.com/digital-forensics thethe interaction interaction is is over. over. Knowledge Knowledge thatthat matter.” matter.” Let Let your your voice voice be be heard. heard.

FEBRUARYFEBRUARY 2021 2021 THE THE IOWA IOWA LAWYER LAWYER 23 23

78906_IASB.indd 23 2/1/21 4:44 PM Deutmeyer appointed to USPTO Trademark Public Advisory Committee Fredrikson & Byron shareholder Tracy L. Deutmeyer has been sworn in as a member of the United States Patent and Trade- mark Office (USPTO) Trademark Public Advisory Committee (TPAC) for a three-year term through December 2023. As a committee member, Deutmeyer will advise the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO on matters relating to the policies, goals, performance, budget and user fees of the trademark operation. Deutmeyer has practiced trademark and copyright law for more than 18 years. She regularly represents parties before the Unites States Patent and Trademark Office Trademark Trial and Appeal Board. KUDOS Rastelli Appointed to IAPP National Advisory Board Dickinson Law Attorney Andrea Rastelli, a member of the International Association of Privacy Professionals (IAPP), has been selected to serve on the Privacy Bar Section of its Advisory Board. Comprised of legal-focused privacy professionals, the section leads and develops content for the organization, provides guidance and strategic input on how the IPP can best serve professionals working in privacy law and related fields, and serves as leaders in promoting programs and activities. Rastelli was also appointed to a two-year term as a chair of the Des Moines KnowledgeNet Chapter that provides local educational and networking opportunities for privacy professionals. Rastelli’s practice at Dickinson focuses on providing solutions for businesses and financial institutions. Drake Law Professor Andrew Jurs elected to the American Law Institute Andrew Jurs, the Drake University Law School Associate Dean for Academic Affairs, Clemens J. Smith Faculty Research Schol- ar and a Professor of Law, has been elected as a member of the prestigious American Law Institute (ALI). The Institute’s members consist of judges, professors and lawyers, who are elected based on their outstanding achievement in the legal profession. The Institute’s mission is to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work. The ALI selected Professor Jurs, who joined the Drake Law faculty in 2011, based on his expertise in expert evidence, criminal law, criminal procedure and evidence. IN MEMORIAM James Marty “Jim” Adams, 89, formerly of Burlington, died Dec. 17. Adams was where he practiced law for 32 years. He was consistently included in the publication born in 1930 in Council Bluffs. He served in the U.S. Army and received his J.D. from "The Best Lawyers in America" in the area of bankruptcy and creditor-debtor rights. the University of Iowa College of Law. Following law school, he was employed by In 2017, he joined the legal team at Farm Credit Services of America as associate Burlington Truck Lines in Galesburg, Illinois; the law firm of O’Connor, Thomas, Mc- general counsel. Dermott & Wright in Dubuque; and by the American Can Co. in Neenah, Wisconsin. Lee “Ken” McKinney Walker, 70, of Newton, died Nov. 10. Walker was born in 1950 In 1965, he moved to Burlington where he worked as an associate for the law firm in Clarksville, Georgia. He received his J.D. from Drake University Law School. of Hirsch, Riepe, & Wright (today known as Hirsch, Adams, Putnam, Cahill & Wiley), Beginning in 1975, he had a 41-year law practice in Newton. Walker focused most becoming a partner in 1968. Adams enjoyed his practice with this firm until 2010 of his time helping clients with divorces, real estate, estate planning, probate when he retired. and many other legal matters. Throughout the years, he served on a number of Harry Perkins III, 73, of Des Moines, died Dec. 25. Perkins was born in Des Moines volunteer boards including the United Way, Jaycees, Capstone, Legal Aid and the in 1947. He received his J.D. from Drake University Law School. He was a partner Knoxville Hall of Fame. of the Patterson Law Firm from 1973 to retirement in January 2018. During his Dennis Parmenter, 69, of Des Moines, died Dec. 12. Parmenter was born in Des 45-year career, he practiced in civil litigation and trial law. Perkins was a member Moines in 1950. He received his J.D. from Drake University Law School. He started of the American Bar Association, the Federation of Insurance Council and the Iowa his legal career as a lawyer for the Laborer’s Union Local 353 in Des Moines and Academy of Trial Lawyers. was a proud union member and supporter throughout his life. He worked as an As- Gary A. Norton, 67, of Norwalk, died Dec. 23. Norton was born in Fort Meade, sistant Story County Attorney and started his own law practice in Huxley in 1979, Maryland, in 1953. He received his J.D. from Washburn University Law School. In where he worked until his death. 1985, Norton joined the law firm that is currently known as Whitfield and Eddy, PLC, D. William (Bill) Thomas, 72, of Indianola, died Dec. 11. Thomas was born in Des Moines in 1948. He received his J.D. from Drake University Law School. He was an officer in the U.S. Navy from 1970 to 1972 and the U.S. Naval Reserve Andrew B. Howie until 1984. He then served as an attorney in the greater Des APPELLATE LAWYER Moines Area until his retirement in 2015. Robert Edward Feilmeyer, 82, of Atlantic, died Nov. 29. ►Fellow, American Academy of Feilmeyer was born in Guthrie Center in 1938. He was a life- Appellate Lawyers long member of St. Mary’s Parish, a member of the original ►Fellow, American Academy of planning and zoning board in Guthrie County, a member and Matrimonial Lawyers past president of the Lions Club, member and past president of the Board of Directors of the New Homestead, and a volunteer SHINDLER, ANDERSON, for Legal Aid of Iowa. GOPLERUD & WEESE, P.C. 515-223-4567 Marci Beth Tooman, 50, of Des Moines, died Jan. 1. Tooman [email protected] was born in 1970 in Oscoda, Michigan. She received her J.D. www.sagwlaw.com from Drake University Law School. She served in the Iowa Air Accepting Referrals National Guard after high school, and eventually shifted to the Army National Guard stationed at Camp Dodge. Tooman served as a JAG officer until her retirement in 2014. 24 THE IOWA LAWYER FEBRUARY 2021 FEBRUARY 2021 THE IOWA LAWYER 25 TRANSITIONS

Patrick T. Vint has been elected a Quinn Eaton has joined Koley Fredrikson & Byron announced partner at Woods Aitken LLP in Jessen P.C., L.L.O. in Omaha. He Jan. 14 that it has moved into a new Omaha. Vint focuses his practice on received his J.D. from Creighton office space in the One Eleven East commercial litigation and construction University Law School. Eaton’s Grand building located at 111 E. law. He received his J.D. from the practice focuses on serving clients Grand Avenue in Des Moines, University of Iowa College of Law in commercial and employment where it occupies the third floor. and his B.B.A. from the University of litigation. Carolyn Gunkel and Scott Halbur Iowa. He is admitted to practice law Coreen K. Sweeney and Hallie have been named counsel at Faegre in the state and federal courts of Still-Caris have been elected as the Drinker Biddle & Reath LLP in Des Nebraska, Iowa and Illinois, as well as newest leaders of Nyemaster Goode, Moines. the United States Court of Appeals P.C. in Des Moines, marking the first Gunkel is a litigator who represents for the Eighth Circuit. time the two highest leadership roles and advises clients on critical legal Joan Fletcher and Jeff Krausman, at Iowa’s largest law firm will be held and business issues. She represents shareholder attorneys at Dickinson, by women. businesses in product liability, Mackaman, Tyler & Hagen P.C., retired Sweeney was elected as chair and agribusiness and toxic tort matters from the firm on Dec. 31. is a member of the firm’s litigation in state and federal courts. Fletcher’s practice focused on department. She is a past president Halbur represents clients in food litigation and employment, with of the Iowa Association of Workers’ and agribusiness litigation, including experience in state and federal courts. Compensation Lawyers and has product liability, mass torts, Prior to joining Dickinson law in 2002, held multiple leadership positions in environmental and natural resources Fletcher was a partner attorney at the Workers’ Compensation Section litigation, biotechnology, agricultural Nyemaster Goode for 12 years. of The Iowa State Bar Association. contracts and regulatory disputes. Krausman’s practice focused Sweeney joined Nyemaster Goode He also practices real estate law primarily in the areas of employment in 2000. with a focus on sale, acquisition and and education law. He began his law Still-Caris, elected as president, development. career at the Iowa Public Relations joined Nyemaster Goode in 1996 and Andrew Patton has been named Board (PERB), which administers the practices in the business, finance and shareholder at the Finley Law Firm Iowa law governing employment real estate department. A past chair in Des Moines. He maintains a civil relations and collective bargaining in of The Iowa State Bar Association’s litigation practice, representing the public sector. In 1977, he entered Environmental and Natural Resources clients in Iowa’s state and federal private practice, focusing primarily on Law Council, Still-Caris has held board courts. Patton’s practice focuses on labor and employment issues. positions with numerous community trial work, primarily defending organizations including the United John W. Hofmeyer IV and Michelle individuals and businesses in a wide Way of Central Iowa, the Greater Des L. Arenson became shareholders of range of matters. Moines Partnership and the Down- the firm Arenson Law Group, PC, in town Community Alliance. Beth Coonan has joined Davis Cedar Rapids. Brown Law Firm in Des Moines as a initially joined Arenson was named Hofmeyer IV Clarissa Bierstedt shareholder attorney in the labor and Law Group, PC as an intern in 2010. partner at Peddicord Wharton in Des employment and immigration depart- His practice focuses primarily on Moines. She focuses her practice on ments. She is an experienced labor automobile dealership counseling and civil litigation, including personal and employment and immigration transactional work, as well as busi- injury, commercial litigation, lawyer assisting businesses across a ness/corporate, construction, mergers products liability, professional variety of industries including and acquisitions and real estate law. liability, contract disputes and technology, manufacturing and He received his J.D. from the Universi- employment law. agriculture. Before joining the Davis ty of Iowa College of Law in 2012. Jordan M. Talsma has been Brown team, Coonan practiced at joined Arenson Law Group, Arenson named a partner at Beecher, BrownWinick Law Firm for over PC as an associate in 2017. Her prac- Field, Walker, Morris, Hoffman & 15 years. tice focuses primarily on automobile Johnson, P.C. in Waterloo. Talsma dealership, business/corporate, Jessica A. Board has been named joined the firm in March 2017. He renewable energy, mergers and acqui- a partner at Heidman Law Firm in is licensed to practice law in both sitions and commercial and contracts Sioux City. Board is a member of the Iowa and Nebraska and primarily law. Arenson received her J.D. from firm’s litigation practice group. She practices in civil litigation, personal Drake University in 1993. is a member of the American injury, worker’s compensation and Bankruptcy Institute, Defense and family law. Dillon Besser Anthony Dopp Research Institute, Iowa Defense have recently joined Riccolo, Carrie Weber has been elected a Counsel Association, Iowa Semelroth, & Henningsen, P.C. (RSH shareholder at Ahlers & Cooney, Organization of Women Attorneys. Legal) in Cedar Rapids. P.C. in Des Moines. Weber is a She is admitted to practice in U.S. joined RSH Legal as a trial Besser member of the firm’s education law Bankruptcy Courts and U.S. District attorney and his practice will focus on practice area, serving K-12 school Courts in Nebraska, South Dakota, workers' compensation. He received districts, with an emphasis in special and the Northern and Southern his J.D. from the University of Iowa education. She currently leads the Districts of Iowa. College of Law in 2016. firm's student issues practice group. joined RSH Legal as an Grant Rodgers has joined Laird Law Dopp Prior to joining Ahlers & Cooney, associate attorney and his practice will Firm in Mason City. Rodger’s prac- Carrie served as a law clerk to the focus on plaintiff civil litigation. He tice includes corporate transactions, Hon. Robert Pratt, senior judge, received his J.D. from the University estate planning, probate and trust United States District Court for the of Iowa College of Law in 2020. administration, real estate, family law Southern District of Iowa from 2014- and litigation. He received his J.D. 2016, and the Hon. Natalie Hudson, from Drake University Law School. Minnesota Court of Appeals, from 2013-2014.

26 THE IOWA LAWYER FEBRUARY 2021 Leland G. Slawson and Zachary Hermsen joined the firm in 2013 Clausen received his undergradu- Martin have joined Heidman Law as a law clerk, and became an ate degree from the University of Firm in Sioux City as associate associate attorney in 2015. He is Iowa, and his law degree from Drake attorneys. an active member of the litigation University Law School in 2018. He Slawson earned his J.D. from Drake practice group and serves clients worked for the Klass Law Firm as a University Law School and a B.A. in as a trial attorney representing clerk during law school and started History from Briar Cliff University. individuals and businesses in civil full-time after graduation as an asso- His general practice areas include litigation. He has been recognized ciate. He is licensed to practice law insurance defense, torts, landlord- by The Iowa State Bar Association in Iowa, Nebraska, South Dakota and tenant matters and general litigation. Pro Bono Honor Roll for serving in the United States District Court Martin earned his J.D. from the the Polk County Bar Association for the Northern District of Iowa and University of Iowa College of Law and Volunteer Lawyers Project. United States Court of Appeals for has a B.A. of Arts in Philosophy from Meuleners joined the firm in 2017 the 8th Circuit. He maintains a liti- the University of Northern Iowa. His after practicing for several years gation practice with a focus on civil, general practice areas include but are with the United States Department commercial, workers’ compensation not limited to, cases involving torts, of Agriculture. She is a member of and employment law. contracts, insurance, and landlord- the firm’s real estate practice group, Kephart received a Bachelor's tenant law. where she devotes herself to Degree from Mount Marty College residential, commercial, municipal and a Master’s Degree and J.D. from Charles P. Romano, Ph.D. has joined and agricultural legal issues. She the University of South Dakota. He McKee, Voorhees & Sease, PLC, in co-authored the Mechanic’s started working for the Klass Law Des Moines as a senior patent agent. Lien chapter of The Iowa State Firm after graduation as an associ- Romano, who is a registered patent Bar Association Real Estate Law ate. He is licensed to practice law in agent, will bring over 30 years of Manual in 2019. Meuleners is a Iowa, Nebraska, South Dakota and biotech industry experience and a 2020 graduate of the West Des in the United States District Court doctorate in biochemistry to serve Moines Leadership Academy. for the Northern District of Iowa. He clients in the biotech industry and joined the firm in 2018 maintains a civil litigation practice university sectors. Oskvig as an associate attorney and is with a focus on insurance and work- Christine L. Conover has been elect- a member of the firm’s Labor ers’ compensation defense. ed to serve on the board of directors & Employment practice group at Simmons Perrine Moyer Bergman representing businesses in a wide PLC in Cedar Rapids. Conover joined range of workforce and COVID-19 the firm in 2000 where she is a issues. She has served on nonprofit medical malpractice defense attorney. boards across the state of Iowa She is a graduate of the University of and is currently a board member Iowa College of Law and clerked for of Junior League of Des Moines. the Honorable Justice Jerry L. Larson Oskvig is a graduate of Leadership on the Iowa Supreme Court. Conover Fairfield and Leadership Siouxland, is a fellow of the American College an active member of The Iowa of Trial Lawyers, a fellow of the Iowa State Bar Association and is an Academy of Trial Lawyers and a elected Delegate in the American member of the American Board of Bar Association’s governing body, Trial Advocates. She is also a member the House of Delegates. of the Iowa State Judicial Nominating Sullivan joined the firm in 2019 as Commission. an attorney at law and is a member Krystal Mikkilineni has been named of the firm’s Construction practice a shareholder at Bradshaw, Fowler, group representing individuals Proctor & Fairgrave, P.C. in Des and businesses in a wide range Moines. Mikkilineni practices primar- of construction, roofing and ily in the areas of bankruptcy law, real estate-related issues. He is business law and corporate law. She Executive Secretary for the Iowa earned her J.D. from Drake University Roofing Contractors Association Law School in 2013. Prior to joining which represents over seventy the Bradshaw Law Firm in 2014, she companies involved in the Iowa clerked for the Hon. Anita L. Shodeen, residential and commercial roofing chief judge at the Southern District of industry. Iowa Bankruptcy Court. Jenny L. Winterfeld, Zachary Tyler L. Coe, Zach Hermsen, Alecia Clausen and Clifton Kephart have Meuleners, Kay Oskvig and Justin all become partners at the Klass Law Sullivan were named the newest Firm in Sioux City. member-attorneys of the Whitfield & Winterfeld earned her B.A. in Eddy Law Firm. Sociology and Criminal Justice from Coe joined the firm in 2017 as an Northwestern College, and her associate attorney. He is active in the J.D. from the University Of South MARINE OFFICERS FIGHT firm’s family law practice group and Dakota School of Law in 2010. She regularly represents clients in divorce, is licensed to practice in Iowa and TO WIN. EVEN HERE. child custody, modifications and high is a member of the Sioux County conflict disputes including litigation. Bar Association, The Iowa State Bar He is a mental health advocate for Association and the Northwest Iowa Iowa’s youth as president of Please Collaborative Law. Pass The Love.

FEBRUARY 2021 THE IOWA LAWYER 27

9MCD_Iowa_Lawyer_Mag_r1.indd 1 8/21/20 7:03 PM Board of Governors Winter Quarterly Meeting – ISBA BOG readies grassroots network, establishes Centralized Diversity Initiative Task Force

Members of the ISBA Board of Gover- conservators must file with the Iowa Dakota’s Recruitment Assistance Program nors (BOG) approved a resolution and Department of Human Services). that offers law students loan forgiveness recommendations submitted by commit- • Proposal to amend 633.642 to clarify for a five-year commitment to practice in tees, sections and others at the winter that powers which require court an eligible rural county and opportuni- ISBA BOG quarterly meeting held approval upon and after approval of ties that may exist to establish a similar virtually on Dec. 16. BOG members also conservator’s initial financial plan program in Iowa. prepared strategies to navigate the 2021 must also be added to the conserva- legislative session. tor’s financial plan. Dialogue with Iowa Supreme Court • Proposal to amend 633.635 to require Molly Kottmeyer, Iowa Supreme Court that guardians obtain prior court Counsel to the Chief Justice, provided ACTIONS approval for any major elective governors with highlights from the Iowa surgery or other nonemergency major Judicial Branch FY 2022 Budget Request. Resolution approved by the medical procedures. The FY 2022 budget focuses on investing ISBA Board of Governors: in rural counties, human capital and the • Honoring deceased members Additional actions approved: maintenance of current service levels; the (July – December 2020) • Email security and encryption request for $190,112,527 includes a five services as free member benefit percent increase from the FY 2021 ISBA Section recommendations for (see page 4) appropriation. Additional funding is the 2021 ISBA Affirmative Legislative • Virtual format for 2021 Annual needed to provide an additional 17 staff Program were approved as follows: Meeting clerks who will be distributed to counties Probate, Trust & Estate Planning • Centralized Diversity Initiative Task that have fewer than 2.5 clerks on staff. • Proposal to amend Iowa Code Force established sections 633.68 through 633.449 to Dialogue with Office of Professional update and expand the procedure for Regulation filing and processing contested claims REPORTS Office of Professional Regulation within probate proceedings to Director Tré Critelli provided governors coordinate with the EDMS electronic President’s report with updates including information court-filing system. ISBA President Jerry Schnurr III regarding the February 2021 Iowa Bar • Proposal to amend Iowa Code section provided governors with a detailed list of Exam and the upcoming OPR filing 633.641 to clarify powers available to his activities including notes from season. Iowa’s remote UBE exam will conservators from the effective date of meetings and the topics discussed with consist of the same components as the appointment until a court approves various groups. in-person exam and will require the same the conservator’s initial financial plan. Schnurr reported on efforts to address passing score as provided for in Iowa • Proposal to move the subsection the barriers to rural practice that recent Court rule 31.3(1)(b)-(c). Critelli currently codified as 633.641(4) to law school graduates experience and reported that there will no longer be an become 633.670(4) since this subsec- issues related to lawyers retiring from ethics biennium CLE requirement. tion relates to reports that rural practice. He highlighted South Instead, Iowa lawyers will be required to meet annual ethics CLE requirements which may include either one hour of diversity and inclusion or one hour of attorney wellness training.

Legislative counsel’s report ISBA Legislative Counsel Jim Carney highlighted opportunities for the ISBA Grassroots Advocacy Network’s efforts during the upcoming legislative session. ISBA President Schnurr also stressed the importance of participation in the ISBA’s Grassroots Advocacy Network (see page 5 President’s Letter). The ISBA Grassroots Advocacy Network has one or two ISBA members in each Senate district assigned

28 THE IOWA LAWYER FEBRUARY 2021 to be an “advocate.” Advocates communi- and related federal regulations. Consolidation and centraliza- Board of Governors Winter Quarterly Meeting – cate with their state representatives and Shipley provided updates on the tion of diversity and inclusion senators about matters important to the conversion of IowaDocs® from Hotdocs ISBA President-elect Anjie Shutts ISBA. The ISBA provides information to to XpressDox and Trustifi, the email reported that there is a need for a task advocates on points to raise with legisla- security and encryption service available force to work on the identification of ISBA BOG readies grassroots network, establishes tors. Schnurr asked governors and to members. challenges and opportunities for diversi- members to serve as trusted sources of ISBA Ways & Means Committee Chair fying the legal profession in the state of information for their legislators before Gary Streit provided governors with an Iowa and encouraging a more inclusive and throughout the upcoming legislative overview of the ISBA Financial State- environment for the members of the legal Centralized Diversity Initiative Task Force session. ments and the ISBA Annual Audit. community who are women or minorities. Also reported was a proposal from the While overall income is down due to the She recommended the creation of an ad Construction Law Section recommending pandemic, expenses relating to the ISBA hoc Centralized Diversity Initiative Task the amendment of Iowa Code section BOG, CLEs, administrative expenses, Force with members to be appointed by 572.8 as part of the 2021 ISBA Affirma- sections and the YLD are also down due the ISBA President. tive Legislative Agenda. Construction in part to converting to virtual meetings Law Section Legislative Subcommittee and engaging in less travel. Iowa Title Guaranty Chair Jodie McDougal explained that the Iowa Title Guaranty Director Lindsay proposed amendment would eliminate YLD president’s report Guerrero provided information about the need to file duplicative liens to cover YLD President Torey Cuellar reported policy updates and reported that ITG multiple counties. that the YLD helped Iowa Legal Aid contributed to local Iowa communities in McDougal also told the governors that provide pro bono legal services to more 2020 by investing $1.75 million into Iowa the Construction Law Section Council’s than 100 clients through the inaugural Finance Authority’s affordable housing view is that an amendment to Iowa Code Cady Day Expungement Clinic. YLD programs, providing 2,581 homebuyers section 572.32 would allow for recovery of members also assisted with the first-ever with down payment assistance, partner- attorney fees in mechanic's liens actions virtual middle school mock trial finals. ing with 1,137 Iowa real estate attorneys, where a lien is discharged by a bond. She Cuellar provided an update on the 138 Iowa abstractors and 428 Iowa closers acknowledged, however, that district Derecho Legal Hotline and asked for and by paying $3.9 million to participat- courts disagree on this issue. more lawyers to volunteer. She also ing field issuers across the state of Iowa. Additional details can be found on described efforts to help YLD members She also commented on efforts in rural page 10 and 11. with any concerns related to the upcom- areas. ing February 2021 Iowa Bar Exam. Iowa LawPAC Annual meeting committee Iowa LawPAC Committee Chair Tom ABA delegate report ISBA Annual Meeting Committee Henderson and Michael Mahaffey ABA Delegate David L. Brown is Co-Chair Kathy Law reported on the described how LawPAC works to support currently vice chair of the Standing success of the 2020 annual meeting’s all lawyer-legislator candidates regardless Committee on the Federal Judiciary virtual format, and submitted the of their political affiliation. The board (FJC) of the American Bar Association. committee’s recommendation that the consists of 10 members appointed by the The FJC evaluates the professional 2021 annual meeting be held virtually in ISBA President with no more than five qualifications of all nominees to the early to mid-June 2021. The committee LawPAC board members registered with Supreme Court of the United States, may explore options for outdoor social any one political party. Henderson circuit courts of appeals, district courts gatherings and remote events as more reviewed LawPAC’s 2020 contributions to (including territorial district courts) and information becomes available regarding candidates and noted that $59,700 in the Court of International Trade. Brown the availability of vaccines and the course contributions went to support Republi- noted that nominees are evaluated on the of the COVID-19 virus. cans – with 18 candidates for Senate and basis of their competence, temperament 36 candidates for House – and that and integrity. Brown provided updates on $56,300 went to Democrats – with 15 the committee’s work between Sept. 26 candidates for Senate and 30 candidates and Oct. 26, 2020, and related efforts. for House.

ISBA executive director’s report ISBA Executive Director Dwight Dinkla and ISBA Assistant Executive Director Harry Shipley provided governors with highlights from the 2020 State & Local Mediations and Arbitrations Bar Benchmarks Survey conducted by the ABA Division for Bar Services and noted Patrick V. Waldron Gregory A. Witke how the ISBA compares in terms of Workers’ Compensation and Civil Litigation Civil Litigation including Personal Injury, declines in membership, budget cuts and Construction and Professional Negligence Member of American Academy of ADR Attorneys, staff furloughs. AV Rated with 25 years of civil litigation and Member of International Academy of Dispute Resolution, Dinkla updated governors on the workers’ compensation experience AV rated with over 30 years of litigation experience ISBA Insurance Committee’s December meeting and efforts to explore bar asso- [email protected] [email protected] ciation health plans for members. Any program would be limited by insurers 505 Fifth Avenue, Suite 729 www.pattersonfirm.com 515-283-2147 in Iowa, their willingness to participate Des Moines, IA 50309

FEBRUARY 2021 THE IOWA LAWYER 29 2020 CLE INFORMATION Live webinar program unless labeled otherwise Thank you to the speakers from ISBA CLE events The CLE credit information contained in the following chart is for the 2020 year. This information should be used to calculate CLE hours for 2020 when filing your CLE report with the Commission on Continuing Legal Education. Filing deadline is March 10, 2021. in December 2020 and January 2021. Date Event Title State Ethics Juvenile Activity ID 2020 Bloethe Tax School – Magistrate Judge Celeste Bremer, U.S. District Magistrate Judge Ross Walters, U.S. District Jan. 21 Home Rule Issues (In-person event) 1 0 0 340274 Dec. 2-4, 2020 Court of Southern District of Iowa Court of Southern District of Iowa Jan. 21 Home Rule Issues 1 0 0 340275 Brandon Buck, Moore McKibben Goodman & Hon. Steven Colloton, United States Court of District Judge C.J. Williams, U.S. District Court Jan. 22 Use of Mental Health Professionals in Family Law 1 0 0 340276 Lorenz LLP Appeals for the Eighth Circuit for the Northern District of Iowa Kimberly Cullen, University of Iowa Law Student Jan. 31 Corporate Counsel Institute (In-person event) 5.50 0 0 342530 David Brown, IPE 1031 Well-Being and Substance Issues Daniel Fischer, Kohorst & Fischer Law PLLC Prof. Laurie Doré, Drake University Law School Jan. 31 Corporate Counsel Institute 5.50 0 0 342529 Alan Gregerson, IRS, Senior Stakeholder Andrew Dunn, Parrish Kruidenier During COVID-19 – Dec. 14, 2020 Feb. 3 Objectivity: First, Third and Fifth (In-person event) 1 1 0 343020 Jack Dusthimer, Dusthimer Law Office Hope Wood, Hope Wood JD, P.L.L.C. Liaison Feb. 3 Objectivity: First, Third and Fifth 1 1 0 343018 Maureen Gronstal, Bradley & Riley Susan Elgin, Faegre Drinker Biddle & Reath Hugh Grady, Lawyer Assistance Program Megan Flynn, Coppola, McConville, Carroll, Feb. 6 Safe Harbors and Calm Seas: Navigating Risk in Law Practice 2 2 0 342991 Kurt Konek, Iowa Department of Revenue Ethical Multigenerational Interactions: Joe Kristan, Eide Bailly LLP Hockenberg & Flynn, P.C. Ballot Measures and Elections Following the Feb. 11 1 0 0 340278 Jenna Lain, Meyer & Lain District Judge Rebecca Goodgame Ebinger, U.S. Challenges and Opportunities – Young/Iowa City School District Decision (In-person event) District Court of Southern District of Iowa Dec. 17, 2020 Shawn Leisinger, Washburn Law Associate Ballot Measures and Elections Following the Diane Helphrey, Federal Public Defender’s Emily Chafa, Chair, ISBA Diversity & Feb. 11 1 0 0 340277 Dean for Centers and External Programs Young/Iowa City School District Decision Externship Director Office, Southern District of Iowa Inclusiveness Committee Prof. Roger McEowen, Washburn University Tim Hill, Bradley & Riley PC Deanna Clingan-Fischer Feb. 12 Estate Planning Considerations for Closely-Held Business Documents 1 0 0 340280 School of Law Prof. Emily Hughes, University of Iowa Law Marlene Garvis, Marlene Garvis, LLC Feb. 14 Transformation as a Process 1 0 0 340281 School Roxann Ryan David Repp, Dickinson, Mackaman, Tyler & Feb. 26 The Most Notable Unnotable IP Licensing Cases of 2019 1 0 0 342528 Hagen, P.C. Magistrate Judge Stephen Jackson, U.S. District Martha Shaff, Betty Neuman & McMahon PLC Brandon Ruopp, Moore, McKibben, Goodman Court of Southern District of Iowa Chantelle Smith, Assistant Attorney General, March 9 Executive Compensation Incentives and Section 409A 1 0 0 343021 Lorenz, LLP Andrea Jaeger, Keegan, Tindal & Jaeger Iowa Attorney March 11 Construction Law Seminar 3.75 0 0 344336 Chief District Judge John Jarvey, U.S. District Alyssa Stewart, Anderson, Roberts, Porth March 11 Construction Law Seminar 3.75 0 0 344337 Wallace & Stewart, LLP Court of Southern District of Iowa Drug Testing from a Parent Jason Stone, Davis Brown Law Firm Hon. Jane Kelly, United States Court of Appeals Perspective – Dec. 21, 2020 March 24 Hints and Tips on Practicing Remotely 1.75 1.75 0 345841 Kristine Tidgren, Iowa State University Center for the Eighth Circuit Sara Person, Iowa Parent Partner State Director, March 27 Practicing Law in the Shadow of COVID-19 0.5 0.50 0 346107 Gilbert King, Pulitzer Prize-winning author of Children & Families of Iowa for Agricultural Law and Taxation Round-Table Question/Answer About “Devil in the Grove” March 30 1.50 0 0 346028 Adam Ullrich, Reimer Lohman Reitz Sailer COVID-19 and Impact on Local Government and Ullrich Hon. Michael Melloy, United States Court of Furloughs, Reductions in Force Kenton Vriezelaar, Vriezelaar Tigges Appeals for the Eighth Circuit, Senior Judge and Layoffs – Dec. 29, 2020 March 31 How to Stay Cybersecure While Working from Home 0.75 0 0 346113 Nate Nieman, Nieman Law Edgington Bottaro Boden & Ross LLP Kay Oskvig, Whitfield & Eddy, P.L.C. April 1 Practical Steps to Make Your Firm Profitable and Efficient (...and Remote) 1.50 0 0 346061 Alfredo Parrish, Parrish Kruidenier Kyle Wilcox, Simmons Perrine Moyer Bergman April 1 Assisting Family Law Clients with COVID-19 Related Issues 1 0 0 346005 PLC Ed Prill, Crowley & Prill District Judge Linda Reade, U.S. District Court Avoiding the Ditches of Zealous April 2 Juvenile Law Seminar 7.25 1 7.25 343106 Advocacy: A Review of the Rules Legal Ethics and Civility in a for the Northern District of Iowa April 3 Criminal Law Seminar 5.5 0 0 342992 Magistrate Judge Mark Roberts, U.S. District and Cases – Dec. 31, 2020 Pandemic – Dec. 9, 2020 April 3 Effective Ethical Behaviors in the Pursuit of Conflict Resolution 0.50 0.50 0 346108 Celeste Bremer, U.S. Magistrate Judge, U.S. Court for the Northern District of Iowa Timothy Gartin, Hastings Gartin & Boettger LLP District Court, Southern District of Iowa District Judge Stephanie Rose, U.S. District April 6 Small Business Assistance Under the CARES Act 1 0 0 346329 Court of Southern District of Iowa 2021 Legislative Session Preview – April 7 How to Practice Remotely and Securely Amid COVID-19 1 0 0 346352 Chief District Judge Leonard Strand, U.S. 2020 Federal Practice Seminar – Jan. 11, 2021 April 9 The CARES Act and Other COVID-19 Developments 2 0 0 346333 Dec. 11, 2020 District Court for the Northern District Doug Struyk, Carney & Appleby PLC of Iowa Chief Magistrate Judge Helen Adams, U.S. Jenny Dorman, Carney & Appleby PLC April 9 Remote Online Notary 1.50 0 0 346816 Hon. Ignacio Torteya III, United States District Court of Southern District of Iowa April 10 Coronavirus Considerations for Litigators 1 0 0 346355 Magistrate Judge for the Southern District Leslie Behaunek, Nyemaster Goode PC of Texas A Review of the Consolidated April 10 Client Relations and Law Firm Finances 0.50 0.50 0 346085 Appropriations Act – Jan. 14, 2021 April 14 TeleMediation Training 2 0 0 346490 Kristine Tidgren, Director of the ISU Center for HON. MARK W. BENNETT Agricultural Law and Taxation April 16 The Coronavirus Outbreak is a Referendum on Virtual Practice 1 0 0 346357 (Retired U.S district judge) April 17 Ethics of Contract Negotiation 0.50 0.50 0 346110 Hon. Mark(Ret. U.S district W. judge) Bennett Mediation, Arbitration and Current Issues with the Paycheck April 20 Drug Testing Law for Public Employers in Iowa 1 0 0 346952 Mediation, Arbitration and Legal Consulting Protection Program – Jan. 21, 2021 April 21 The FFCRA and Other COVID-19 Considerations for Employers 1 0 0 346638 Legal Consulting Steve Dickinson, Cozen O’Connor • 45 years years of ofcombined combined judicial judicial and privateand private practice April 22 Domestic Violence 1 0 0 343022 practice experience in more than 30 experience in more than 30 federal district courts April 23 Using Arbitration to Resolve International Commercial Disputes 1 0 0 347228 federaland multiple district state courts and appellateand multiple courts. COVID-19 Current Workplace Issues state and appellate courts. April 24 The Danger of Boilerplate Contract Provisions 0.50 0 0 346111 National experience – Jan. 28, 2021 – Midwestern• National work experience ethic and rates Mary Funk, Nyemaster Goode PC Force Majeure Clauses and Contractual • April 30 1 0 0 347460 Midwestern515-414-1186 work ethic and rates Melissa Hasso, Sherinian & Hasso Non-performance as a Result of COVID-19 [email protected] Rod Kubat, Nyemaster Goode PC www.mbennett.us May 1 Litigating in a Divided Nation 0.50 0 0 346112 515-414-1186 Emily Pontius, Fredrikson & Byron PA Virtual mediation and• arbitration available May 8 Preparing and Cross-Examining Witnesses 0.50 0 0 346086 [email protected] member of both FedArbwww.mbennett.us & Resolute Systems continued on the following page

30 THE IOWA LAWYER FEBRUARY 2021 2020 CLE INFORMATION Live webinar program unless labeled otherwise The CLE credit information contained in the following chart is for the 2020 year. This information should be used to calculate CLE hours for 2020 when filing your CLE report with the Commission on Continuing Legal Education. Filing deadline is March 10, 2021. Date Event Title State Ethics Juvenile Activity ID Jan. 21 Home Rule Issues (In-person event) 1 0 0 340274 Jan. 21 Home Rule Issues 1 0 0 340275 Jan. 22 Use of Mental Health Professionals in Family Law 1 0 0 340276 Jan. 31 Corporate Counsel Institute (In-person event) 5.50 0 0 342530 Jan. 31 Corporate Counsel Institute 5.50 0 0 342529 Feb. 3 Objectivity: First, Third and Fifth (In-person event) 1 1 0 343020 Feb. 3 Objectivity: First, Third and Fifth 1 1 0 343018 Feb. 6 Safe Harbors and Calm Seas: Navigating Risk in Law Practice 2 2 0 342991 Ballot Measures and Elections Following the Feb. 11 1 0 0 340278 Young/Iowa City School District Decision (In-person event) Ballot Measures and Elections Following the Feb. 11 1 0 0 340277 Young/Iowa City School District Decision Feb. 12 Estate Planning Considerations for Closely-Held Business Documents 1 0 0 340280 Feb. 14 Transformation as a Process 1 0 0 340281 Feb. 26 The Most Notable Unnotable IP Licensing Cases of 2019 1 0 0 342528 March 9 Executive Compensation Incentives and Section 409A 1 0 0 343021 March 11 Construction Law Seminar 3.75 0 0 344336 March 11 Construction Law Seminar 3.75 0 0 344337 March 24 Hints and Tips on Practicing Remotely 1.75 1.75 0 345841 March 27 Practicing Law in the Shadow of COVID-19 0.5 0.50 0 346107 Round-Table Question/Answer About March 30 1.50 0 0 346028 COVID-19 and Impact on Local Government March 31 How to Stay Cybersecure While Working from Home 0.75 0 0 346113 April 1 Practical Steps to Make Your Firm Profitable and Efficient (...and Remote) 1.50 0 0 346061 April 1 Assisting Family Law Clients with COVID-19 Related Issues 1 0 0 346005 April 2 Juvenile Law Seminar 7.25 1 7.25 343106 April 3 Criminal Law Seminar 5.5 0 0 342992 April 3 Effective Ethical Behaviors in the Pursuit of Conflict Resolution 0.50 0.50 0 346108 April 6 Small Business Assistance Under the CARES Act 1 0 0 346329 April 7 How to Practice Remotely and Securely Amid COVID-19 1 0 0 346352 April 9 The CARES Act and Other COVID-19 Developments 2 0 0 346333 April 9 Remote Online Notary 1.50 0 0 346816 April 10 Coronavirus Considerations for Litigators 1 0 0 346355 April 10 Client Relations and Law Firm Finances 0.50 0.50 0 346085 April 14 TeleMediation Training 2 0 0 346490 April 16 The Coronavirus Outbreak is a Referendum on Virtual Practice 1 0 0 346357 April 17 Ethics of Contract Negotiation 0.50 0.50 0 346110 April 20 Drug Testing Law for Public Employers in Iowa 1 0 0 346952 April 21 The FFCRA and Other COVID-19 Considerations for Employers 1 0 0 346638 April 22 Domestic Violence 1 0 0 343022 April 23 Using Arbitration to Resolve International Commercial Disputes 1 0 0 347228 April 24 The Danger of Boilerplate Contract Provisions 0.50 0 0 346111 Force Majeure Clauses and Contractual April 30 1 0 0 347460 Non-performance as a Result of COVID-19 May 1 Litigating in a Divided Nation 0.50 0 0 346112 May 8 Preparing and Cross-Examining Witnesses 0.50 0 0 346086 continued on the following page

FEBRUARY 2021 THE IOWA LAWYER 31 20202020 CLE CLE INFORMATION INFORMATION LiveLive webinar webinar program program unless unless labeled labeled otherwise otherwise 20202020 CLE CLE INFORMATION INFORMATION LiveLive webinar webinar program program unless unless labeled labeled otherwise otherwise DateDate EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID DateDate EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID MayMay 18-22 18-22 AnnualAnnual Meeting Meeting 30.5030.50 4.504.50 2 2 347459347459 Nov.Nov. 18 18 UnemploymentUnemployment Insurance Insurance Appeals Appeals During During COVID-19 COVID-19 1 1 0 0 0 0 354823354823 MayMay 26 26 ModificationsModifications of ofCustody Custody and and Support: Support: Weighing Weighing the the Impact Impact of ofCOVID-19 COVID-19 1 1 0 0 0 0 349158349158 Nov.Nov. 19 19 SafeSafe Harbors Harbors and and Calm Calm Seas: Seas: Navigating Navigating Risk Risk in inLaw Law Practice Practice 2 2 2 2 0 0 353356353356 MayMay 29 29 CommercialCommercial and and Bankruptcy Bankruptcy Law Law Seminar Seminar 6.756.75 1 1 0 0 348069348069 Nov.Nov. 19-20 19-20 LaborLabor and and Employment Employment Law Law Seminar Seminar 6.756.75 1 1 0 0 354841354841 JuneJune 1 1 EffectiveEffective Communication Communication and and the the Elderly Elderly Client Client 1 1 0 0 0 0 349313349313 Nov.Nov. 23 23 Kids,Kids, Custody Custody and and COVID-19 COVID-19 1 1 0 0 0 0 355975355975 JuneJune 8 8 FFCRA:FFCRA: The The Families Families First First Coronavirus Coronavirus Response Response Act Act 1 1 0 0 0 0 349342349342 Dec.Dec. 2-4 2-4 BloetheBloethe Tax Tax School School 16.2516.25 2 2 0 0 356643356643 JuneJune 11 11 MentalMental Health Health Post-Pandemic: Post-Pandemic: Attorneys, Attorneys, Staff Staff and and Clients Clients 1 1 0 0 0 0 349670349670 Dec.Dec. 9 9 LegalLegal Ethics Ethics and and Civility Civility in ina Pandemica Pandemic 1 1 1 1 0 0 357251357251 JuneJune 16 16 SummerSummer Tax Tax School School 6 6 0 0 0 0 349947349947 Dec.Dec. 11 11 FederalFederal Practice Practice Seminar Seminar 7 7 1.501.50 0 0 356747356747 JuneJune 19 19 GovernmentGovernment Practice Practice Seminar Seminar 6 6 1 1 0 0 349671349671 Dec.Dec. 14 14 Well-BeingWell-Being and and Substance Substance Issues Issues During During COVID-19 COVID-19 1.501.50 1.501.50 0 0 354843354843 JuneJune 25 25 TheThe Current Current and and Future Future Privacy Privacy Landscape Landscape in inthe the U.S. U.S. 1 1 0 0 0 0 350299350299 Dec.Dec. 17 17 EthicalEthical Multigenerational Multigenerational Interactions: Interactions: Challenges Challenges and and Opportunities Opportunities 3 3 3 3 0 0 358033358033 JulyJuly 13 13 ArbitrationArbitration in inthe the Time Time of ofCOVID-19 COVID-19 1.501.50 0 0 0 0 350300350300 Dec.Dec. 21 21 DrugDrug Testing Testing from from a Parenta Parent Perspective Perspective 1 1 0 0 1 1 355243355243 JulyJuly 14 14 UnemploymentUnemployment Hearings Hearings in inthe the Time Time of ofCOVID COVID 1 1 0 0 0 0 350974350974 Dec.Dec. 29 29 Furloughs,Furloughs, Reductions Reductions in inForce Force and and Layoffs Layoffs 1 1 0 0 0 0 358502358502 FarmlandFarmland Leasing: Leasing: Nuts Nuts and and Bolts Bolts of ofWorking Working AvoidingAvoiding the the Ditches Ditches of ofZealous Zealous Advocacy: Advocacy: JulyJuly 15 15 1 1 0 0 0 0 350975350975 Dec.Dec. 31 31 1 1 1 1 0 0 358503358503 YourYour Farmland Farmland Owners Owners and and Operators Operators A ReviewA Review of ofthe the Rules Rules and and Cases Cases JulyJuly 22 22 EthicsEthics and and the the Older Older Client Client 1 1 1 1 0 0 350301350301 JulyJuly 23 23 RepresentationsRepresentations and and Warranties Warranties Insurance Insurance Trends Trends and and What’s What’s Next Next 1 1 0 0 0 0 350976350976 FinancialFinancial Planning Planning for for Young Young Lawyers: Lawyers: How How to toPay Pay Down Down Aug.Aug. 5 5 1 1 0 0 0 0 352310352310 20202020 ON-DEMAND ON-DEMAND CLE CLE INFORMATION INFORMATION Debt,Debt, Save Save and and Maximize Maximize Employer Employer Benefits Benefits StartStart Date Date EndEnd Date Date EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID EnsuringEnsuring Due Due Process Process for for Litigants Litigants with with Aug.Aug. 6 6 1 1 0 0 0 0 350977350977 MentalMental Impairments Impairments and and Cognitive Cognitive Disorders Disorders JulyJuly 1, 1,2019 2019 JulyJuly 1, 1,2020 2020 LegislativeLegislative Update Update for for Probate Probate 0.750.75 0 0 0 0 331747331747 Easements:Easements: A PanelA Panel Discussion Discussion of of Aug.Aug. 10 10 IowaIowa Land Land Records Records and and E-Submission E-Submission 101 101 1.501.50 0 0 0 0 353208353208 JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 1 1 0 0 0 0 332137332137 ParticularParticular Problems Problems and and Solutions Solutions Aug.Aug. 17 17 LawyersLawyers and and Loans: Loans: Managing Managing Your Your Student Student Debt Debt 1 1 0 0 0 0 352309352309 WhenWhen Technical Technical Objections Objections Should Should Cloud Cloud Title Title JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 1 1 0 0 0 0 332112332112 Aug.Aug. 18 18 COVID-19COVID-19 Legislative Legislative Relief: Relief: WhereWhere Are Are We WeNow? Now? 1.501.50 0 0 0 0 353535353535 UnderUnder Iowa Iowa Land Land Title Title Standard Standard 1.1 1.1 Aug.Aug. 19 19 ITG:ITG: Commercial Commercial Services Services Overview Overview and and Residential Residential Update Update 1 1 0 0 0 0 350271350271 JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 TheThe Myths Myths of ofJoint Joint Physical Physical Care Care Presumptions Presumptions 0.750.75 0 0 0.750.75 332113332113 FinancialFinancial Planning Planning for for Solo Solo Practitioners/Small Practitioners/Small Firms: Firms: How How to to Maximize Maximize Aug.Aug. 28 28 1 1 0 0 0 0 352311352311 JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 HotHot Topics Topics from from the the Probate Probate Section Section Listserv Listserv 1 1 0 0 0 0 332111332111 GrowthGrowth and and Minimize Minimize Tax Tax While While Maintaining Maintaining Liquidity Liquidity ProfessionalProfessional Fiduciary’s Fiduciary’s Guide Guide to tothe the JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 0.500.50 0 0 0 0 332114332114 Sept.Sept. 1 1 SweepingSweeping Changes Changes to toCourt Court Debt Debt Assessment Assessment and and Collection Collection 1 1 0 0 0 0 353913353913 Do’sDo’s and and Don’ts Don’ts of ofDrafting Drafting Sept.Sept. 10-11 10-11 BridgeBridge the the Gap Gap Seminar Seminar 1515 3 3 1 1 353894353894 IntroductionIntroduction to toTermination Termination of of VotingVoting Rights, Rights, Hard Hard Won, Won, Not Not Done: Done: JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 ParentalParental Rights Rights and and Adoption Adoption Pursuant Pursuant 0.500.50 0 0 0.500.50 332138332138 Sept.Sept. 14 14 1 1 0 0 0 0 350978350978 HonoringHonoring the the Legacy Legacy of ofthe the 15th 15th and and 19th 19th Amendments Amendments to toIowa Iowa Code Code Section Section 600 600 and and 600A 600A AdvisingAdvising Clients Clients on on a Fixeda Fixed Income Income Sept.Sept. 17 17 SafeSafe at atHome Home Program Program 1 1 0 0 0 0 354526354526 JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 0.500.50 0 0 0 0 332139332139 AboutAbout Dealing Dealing with with Debt Debt Sept.Sept. 18 18 CorporateCorporate Counsel Counsel and and Trade Trade Regulation Regulation Seminar Seminar 6.256.25 2 2 0 0 353914353914 JulyJuly 31, 31, 2019 2019 AprilApril 3, 3,2020 2020 BehindBehind the the Scenes Scenes at atAttorney Attorney Disciplinary Disciplinary Board Board 1 1 1 1 0 0 333413333413 Sept.Sept. 23 23 AgriculturalAgricultural Law Law Seminar Seminar 6.506.50 1 1 0 0 353131353131 JulyJuly 31, 31, 2019 2019 AprilApril 3, 3,2020 2020 CriminalCriminal Law Law Update Update 1 1 0 0 0 0 333405333405 Sept.Sept. 29 29 Child-focusedChild-focused Innovations Innovations in inFamily Family Law Law 1 1 0 0 0 0 353915353915 ActualActual Innocence Innocence Claims Claims and and Sept.Sept. 30 30 RecognizingRecognizing and and Managing Managing Burnout Burnout 1.501.50 1.501.50 0 0 354835354835 JulyJuly 31, 31, 2019 2019 AprilApril 4, 4,2020 2020 1 1 0 0 0 0 333408333408 SuccessiveSuccessive PCR PCR Application Application NavigatingNavigating Life Life and and the the Legal Legal Profession Profession Oct.Oct. 2 2 1 1 1 1 0 0 354836354836 EstateEstate and and Tax Tax Planning Planning Basics Basics for for asas a Younga Young Lawyer: Lawyer: A PanelA Panel Discussion Discussion JulyJuly 31, 31, 2019 2019 AprilApril 17, 17, 2020 2020 2 2 0 0 0 0 333404333404 ModestModest Non-Taxable Non-Taxable Estate Estate Oct.Oct. 5 5 HowHow Redlining Redlining Has Has Created Created the the Racial Racial Wealth Wealth Divide Divide in inIowa Iowa 1 1 1 1 0 0 353916353916 MedicaidMedicaid Eligibility Eligibility for for Nursing Nursing Home Home and and JulyJuly 31, 31, 2019 2019 JuneJune 12, 12, 2020 2020 1 1 0 0 0 0 333406333406 Oct.Oct. 6 6 FundamentalsFundamentals of ofFederal Federal Practice Practice Seminar Seminar 3.753.75 1 1 0 0 353893353893 OtherOther Long-Term Long-Term Care Care Oct.Oct. 9 9 OpenOpen Meetings/Public Meetings/Public Records Records in inthe the Time Time of ofCOVID-19 COVID-19 1 1 0 0 0 0 354818354818 OneOne of ofThese These is Notis Not Certain: Certain: JulyJuly 31, 31, 2019 2019 JuneJune 12, 12, 2020 2020 1 1 0 0 0 0 333407333407 Oct.Oct. 19 19 DrugDrug and and Alcohol Alcohol Testing Testing 101 101 1 1 0 0 0 0 354837354837 Death.Death. Taxes. Taxes. IDR IDR Purgatory. Purgatory. Oct.Oct. 21-23 21-23 FamilyFamily Law Law Seminar Seminar 1515 2 2 4.504.50 355009355009 Aug.Aug. 12, 12, 2019 2019 AprilApril 4, 4,2020 2020 CriminalCriminal Immigration Immigration issues issues 1 1 0 0 0 0 333905333905 Oct.Oct. 26 26 SlowingSlowing the the Avalanche: Avalanche: Gain Gain Control Control of ofYour Your Email Email Before Before it Buriesit Buries You You 1 1 0 0 0 0 354820354820 Aug.Aug. 12, 12, 2019 2019 AprilApril 5, 5,2020 2020 Mechanic’sMechanic’s Liens Liens for for Lenders Lenders 0.750.75 0 0 0 0 333892333892 Oct.Oct. 27 27 TheThe Limitations Limitations and and Pitfalls Pitfalls of ofHair Hair and and Sweat Sweat Testing Testing to to Detect Detect Drug Drug Use Use 1 1 0 0 1 1 355244355244 Aug.Aug. 12, 12, 2019 2019 AprilApril 5, 5,2020 2020 CommercialCommercial Law Law Update Update 0.500.50 0 0 0 0 333904333904 Nov.Nov. 2 2 TheThe Language Language of ofJudicial Judicial Opinion Opinion Writing Writing 2 2 2 2 0 0 354838354838 Nov.Nov. 12, 12, 2019 2019 Sept.Sept. 12, 12, 2020 2020 SubstanceSubstance Abuse Abuse and and the the Profession Profession 1 1 1 1 0 0 338413338413 Nov.Nov. 9 9 CityCity Annexation Annexation from from Simple Simple to toComplex Complex 1 1 0 0 0 0 355973355973 Nov.Nov. 12, 12, 2019 2019 Sept.Sept. 12, 12, 2020 2020 EntrepreneurshipEntrepreneurship and and Startup Startup Law Law Discussion Discussion 0.750.75 0 0 0 0 338408338408 Nov.Nov. 12 12 POWERPOWER Act Act + Gender+ Gender and and Judicial Judicial Opinion Opinion Writing Writing 3 3 3 3 0 0 355245355245 Nov.Nov. 12, 12, 2019 2019 Sept.Sept. 12, 12, 2020 2020 Iowa’sIowa’s Dram Dram Shop Shop Act Act 0.500.50 0 0 0 0 338358338358 Nov.Nov. 16-17 16-17 CorporateCorporate Counsel Counsel Institute Institute 5.505.50 0.750.75 0 0 356599356599 Nov.Nov. 12, 12, 2019 2019 Sept.Sept. 12, 12, 2020 2020 CorporateCorporate Deposition: Deposition: You You Can’t Can’t Say Say “I “IDon’t Don’t Know” Know” 0.500.50 0 0 0 0 338405338405 DrugDrug Testing Testing in inChild Child Welfare Welfare Cases: Cases: Nov.Nov. 12, 12, 2019 2019 Sept.Sept. 12, 12, 2020 2020 DrugDrug Testing Testing and and Employment Employment Law Law 0.500.50 0 0 0 0 338403338403 Nov.Nov. 17 17 1 1 0 0 1 1 354839354839 Chemistry,Chemistry, Methodology Methodology and and Legal Legal Implications Implications Nov.Nov. 12, 12, 2019 2019 Oct.Oct. 26, 26, 2020 2020 FamilyFamily Law Law Update Update 1.251.25 0 0 0.750.75 338402338402 continuedcontinued on onthe the following following page page continuedcontinued on onthe the following following page page 32 THE IOWA LAWYER FEBRUARY 2021 20202020 CLE CLE INFORMATION INFORMATION LiveLive webinar webinar program program unless unless labeled labeled otherwise otherwise 20202020 CLE CLE INFORMATION INFORMATION LiveLive webinar webinar program program unless unless labeled labeled otherwise otherwise DateDate EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID DateDate EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID MayMay 18-22 18-22 AnnualAnnual Meeting Meeting 30.5030.50 4.504.50 2 2 347459347459 Nov.Nov. 18 18 UnemploymentUnemployment Insurance Insurance Appeals Appeals During During COVID-19 COVID-19 1 1 0 0 0 0 354823354823 MayMay 26 26 ModificationsModifications of ofCustody Custody and and Support: Support: Weighing Weighing the the Impact Impact of ofCOVID-19 COVID-19 1 1 0 0 0 0 349158349158 Nov.Nov. 19 19 SafeSafe Harbors Harbors and and Calm Calm Seas: Seas: Navigating Navigating Risk Risk in inLaw Law Practice Practice 2 2 2 2 0 0 353356353356 MayMay 29 29 CommercialCommercial and and Bankruptcy Bankruptcy Law Law Seminar Seminar 6.756.75 1 1 0 0 348069348069 Nov.Nov. 19-20 19-20 LaborLabor and and Employment Employment Law Law Seminar Seminar 6.756.75 1 1 0 0 354841354841 JuneJune 1 1 EffectiveEffective Communication Communication and and the the Elderly Elderly Client Client 1 1 0 0 0 0 349313349313 Nov.Nov. 23 23 Kids,Kids, Custody Custody and and COVID-19 COVID-19 1 1 0 0 0 0 355975355975 JuneJune 8 8 FFCRA:FFCRA: The The Families Families First First Coronavirus Coronavirus Response Response Act Act 1 1 0 0 0 0 349342349342 Dec.Dec. 2-4 2-4 BloetheBloethe Tax Tax School School 16.2516.25 2 2 0 0 356643356643 JuneJune 11 11 MentalMental Health Health Post-Pandemic: Post-Pandemic: Attorneys, Attorneys, Staff Staff and and Clients Clients 1 1 0 0 0 0 349670349670 Dec.Dec. 9 9 LegalLegal Ethics Ethics and and Civility Civility in ina Pandemica Pandemic 1 1 1 1 0 0 357251357251 JuneJune 16 16 SummerSummer Tax Tax School School 6 6 0 0 0 0 349947349947 Dec.Dec. 11 11 FederalFederal Practice Practice Seminar Seminar 7 7 1.501.50 0 0 356747356747 JuneJune 19 19 GovernmentGovernment Practice Practice Seminar Seminar 6 6 1 1 0 0 349671349671 Dec.Dec. 14 14 Well-BeingWell-Being and and Substance Substance Issues Issues During During COVID-19 COVID-19 1.501.50 1.501.50 0 0 354843354843 JuneJune 25 25 TheThe Current Current and and Future Future Privacy Privacy Landscape Landscape in inthe the U.S. U.S. 1 1 0 0 0 0 350299350299 Dec.Dec. 17 17 EthicalEthical Multigenerational Multigenerational Interactions: Interactions: Challenges Challenges and and Opportunities Opportunities 3 3 3 3 0 0 358033358033 JulyJuly 13 13 ArbitrationArbitration in inthe the Time Time of ofCOVID-19 COVID-19 1.501.50 0 0 0 0 350300350300 Dec.Dec. 21 21 DrugDrug Testing Testing from from a Parenta Parent Perspective Perspective 1 1 0 0 1 1 355243355243 JulyJuly 14 14 UnemploymentUnemployment Hearings Hearings in inthe the Time Time of ofCOVID COVID 1 1 0 0 0 0 350974350974 Dec.Dec. 29 29 Furloughs,Furloughs, Reductions Reductions in inForce Force and and Layoffs Layoffs 1 1 0 0 0 0 358502358502 FarmlandFarmland Leasing: Leasing: Nuts Nuts and and Bolts Bolts of ofWorking Working AvoidingAvoiding the the Ditches Ditches of ofZealous Zealous Advocacy: Advocacy: JulyJuly 15 15 1 1 0 0 0 0 350975350975 Dec.Dec. 31 31 1 1 1 1 0 0 358503358503 YourYour Farmland Farmland Owners Owners and and Operators Operators A ReviewA Review of ofthe the Rules Rules and and Cases Cases JulyJuly 22 22 EthicsEthics and and the the Older Older Client Client 1 1 1 1 0 0 350301350301 JulyJuly 23 23 RepresentationsRepresentations and and Warranties Warranties Insurance Insurance Trends Trends and and What’s What’s Next Next 1 1 0 0 0 0 350976350976 FinancialFinancial Planning Planning for for Young Young Lawyers: Lawyers: How How to toPay Pay Down Down Aug.Aug. 5 5 1 1 0 0 0 0 352310352310 20202020 ON-DEMAND ON-DEMAND CLE CLE INFORMATION INFORMATION Debt,Debt, Save Save and and Maximize Maximize Employer Employer Benefits Benefits StartStart Date Date EndEnd Date Date EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID EnsuringEnsuring Due Due Process Process for for Litigants Litigants with with Aug.Aug. 6 6 1 1 0 0 0 0 350977350977 MentalMental Impairments Impairments and and Cognitive Cognitive Disorders Disorders JulyJuly 1, 1,2019 2019 JulyJuly 1, 1,2020 2020 LegislativeLegislative Update Update for for Probate Probate 0.750.75 0 0 0 0 331747331747 Easements:Easements: A PanelA Panel Discussion Discussion of of Aug.Aug. 10 10 IowaIowa Land Land Records Records and and E-Submission E-Submission 101 101 1.501.50 0 0 0 0 353208353208 JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 1 1 0 0 0 0 332137332137 ParticularParticular Problems Problems and and Solutions Solutions Aug.Aug. 17 17 LawyersLawyers and and Loans: Loans: Managing Managing Your Your Student Student Debt Debt 1 1 0 0 0 0 352309352309 WhenWhen Technical Technical Objections Objections Should Should Cloud Cloud Title Title JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 1 1 0 0 0 0 332112332112 Aug.Aug. 18 18 COVID-19COVID-19 Legislative Legislative Relief: Relief: WhereWhere Are Are We WeNow? Now? 1.501.50 0 0 0 0 353535353535 UnderUnder Iowa Iowa Land Land Title Title Standard Standard 1.1 1.1 Aug.Aug. 19 19 ITG:ITG: Commercial Commercial Services Services Overview Overview and and Residential Residential Update Update 1 1 0 0 0 0 350271350271 JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 TheThe Myths Myths of ofJoint Joint Physical Physical Care Care Presumptions Presumptions 0.750.75 0 0 0.750.75 332113332113 FinancialFinancial Planning Planning for for Solo Solo Practitioners/Small Practitioners/Small Firms: Firms: How How to to Maximize Maximize Aug.Aug. 28 28 1 1 0 0 0 0 352311352311 JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 HotHot Topics Topics from from the the Probate Probate Section Section Listserv Listserv 1 1 0 0 0 0 332111332111 GrowthGrowth and and Minimize Minimize Tax Tax While While Maintaining Maintaining Liquidity Liquidity ProfessionalProfessional Fiduciary’s Fiduciary’s Guide Guide to tothe the JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 0.500.50 0 0 0 0 332114332114 Sept.Sept. 1 1 SweepingSweeping Changes Changes to toCourt Court Debt Debt Assessment Assessment and and Collection Collection 1 1 0 0 0 0 353913353913 Do’sDo’s and and Don’ts Don’ts of ofDrafting Drafting Sept.Sept. 10-11 10-11 BridgeBridge the the Gap Gap Seminar Seminar 1515 3 3 1 1 353894353894 IntroductionIntroduction to toTermination Termination of of VotingVoting Rights, Rights, Hard Hard Won, Won, Not Not Done: Done: JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 ParentalParental Rights Rights and and Adoption Adoption Pursuant Pursuant 0.500.50 0 0 0.500.50 332138332138 Sept.Sept. 14 14 1 1 0 0 0 0 350978350978 HonoringHonoring the the Legacy Legacy of ofthe the 15th 15th and and 19th 19th Amendments Amendments to toIowa Iowa Code Code Section Section 600 600 and and 600A 600A AdvisingAdvising Clients Clients on on a Fixeda Fixed Income Income Sept.Sept. 17 17 SafeSafe at atHome Home Program Program 1 1 0 0 0 0 354526354526 JulyJuly 8, 8,2019 2019 JulyJuly 8, 8,2020 2020 0.500.50 0 0 0 0 332139332139 AboutAbout Dealing Dealing with with Debt Debt Sept.Sept. 18 18 CorporateCorporate Counsel Counsel and and Trade Trade Regulation Regulation Seminar Seminar 6.256.25 2 2 0 0 353914353914 JulyJuly 31, 31, 2019 2019 AprilApril 3, 3,2020 2020 BehindBehind the the Scenes Scenes at atAttorney Attorney Disciplinary Disciplinary Board Board 1 1 1 1 0 0 333413333413 Sept.Sept. 23 23 AgriculturalAgricultural Law Law Seminar Seminar 6.506.50 1 1 0 0 353131353131 JulyJuly 31, 31, 2019 2019 AprilApril 3, 3,2020 2020 CriminalCriminal Law Law Update Update 1 1 0 0 0 0 333405333405 Sept.Sept. 29 29 Child-focusedChild-focused Innovations Innovations in inFamily Family Law Law 1 1 0 0 0 0 353915353915 ActualActual Innocence Innocence Claims Claims and and Sept.Sept. 30 30 RecognizingRecognizing and and Managing Managing Burnout Burnout 1.501.50 1.501.50 0 0 354835354835 JulyJuly 31, 31, 2019 2019 AprilApril 4, 4,2020 2020 1 1 0 0 0 0 333408333408 SuccessiveSuccessive PCR PCR Application Application NavigatingNavigating Life Life and and the the Legal Legal Profession Profession Oct.Oct. 2 2 1 1 1 1 0 0 354836354836 EstateEstate and and Tax Tax Planning Planning Basics Basics for for asas a Younga Young Lawyer: Lawyer: A PanelA Panel Discussion Discussion JulyJuly 31, 31, 2019 2019 AprilApril 17, 17, 2020 2020 2 2 0 0 0 0 333404333404 ModestModest Non-Taxable Non-Taxable Estate Estate Oct.Oct. 5 5 HowHow Redlining Redlining Has Has Created Created the the Racial Racial Wealth Wealth Divide Divide in inIowa Iowa 1 1 1 1 0 0 353916353916 MedicaidMedicaid Eligibility Eligibility for for Nursing Nursing Home Home and and JulyJuly 31, 31, 2019 2019 JuneJune 12, 12, 2020 2020 1 1 0 0 0 0 333406333406 Oct.Oct. 6 6 FundamentalsFundamentals of ofFederal Federal Practice Practice Seminar Seminar 3.753.75 1 1 0 0 353893353893 OtherOther Long-Term Long-Term Care Care Oct.Oct. 9 9 OpenOpen Meetings/Public Meetings/Public Records Records in inthe the Time Time of ofCOVID-19 COVID-19 1 1 0 0 0 0 354818354818 OneOne of ofThese These is Notis Not Certain: Certain: JulyJuly 31, 31, 2019 2019 JuneJune 12, 12, 2020 2020 1 1 0 0 0 0 333407333407 Oct.Oct. 19 19 DrugDrug and and Alcohol Alcohol Testing Testing 101 101 1 1 0 0 0 0 354837354837 Death.Death. Taxes. Taxes. IDR IDR Purgatory. Purgatory. 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Act Act and and COVID-19 COVID-19 JulyJuly 24, 24, 2020 2020 JuneJune 1, 1,2021 2021 CaseCase Law Law Update Update 1 1 0 0 0 0 352290352290 Dec.Dec. 28, 28, 2020 2020 Dec.Dec. 1, 1,2021 2021 KeyKey Tax Tax Considerations Considerations Heading Heading in in2021 2021 0.500.50 0 0 0 0 358897358897 JulyJuly 28, 28, 2020 2020 JuneJune 19, 19, 2021 2021 PublicPublic Employment Employment 1 1 0 0 0 0 352474352474 Dec.Dec. 29, 29, 2020 2020 Dec.Dec. 2, 2,2021 2021 TaxTax Forms Forms and and Examples Examples 1.501.50 0 0 0 0 358922358922 20202020 Legislation Legislation and and Tax Tax Issues Issues JulyJuly 29, 29, 2020 2020 JuneJune 19, 19, 2021 2021 TheThe Year Year in inEthics Ethics Opinions Opinions 1 1 1 1 0 0 352510352510 Dec.Dec. 30, 30, 2020 2020 Dec.Dec. 2, 2,2021 2021 3 3 0 0 0 0 359024359024 RelatedRelated to toCOVID-19 COVID-19 and and Other Other Casualties Casualties Sept.Sept. 10, 10, 2020 2020 Sept.Sept. 10, 10, 2021 2021 StateState Case Case Law Law Update Update 1 1 0 0 0 0 358221358221 EnsuringEnsuring Due Due Process Process for for Litigants Litigants with with Mental Mental Sept.Sept. 21, 21, 2020 2020 Aug.Aug. 6, 6,2021 2021 1 1 0 0 0 0 354652354652 ImpairmentsImpairments and and Cognitive Cognitive Disorders Disorders ITG:ITG: Commercial Commercial Services Services 20202020 FASTCASE FASTCASE CLE CLE INFORMATION INFORMATION Sept.Sept. 21, 21, 2020 2020 Aug.Aug. 19, 19, 2021 2021 1 1 0 0 0 0 354642354642 OverviewOverview and and Residential Residential Update Update StartStart Date Date EndEnd Date Date EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID VotingVoting Rights, Rights, Hard Hard Won, Won, Not Not Done: Done: Honoring Honoring Oct.Oct. 9, 9,2020 2020 Sept.Sept. 14, 14, 2021 2021 1 1 0 0 0 0 355358355358 Jan.Jan. 1, 1,2020 2020 Dec.Dec. 31, 31, 2020 2020 IntroductionIntroduction to toLegal Legal Research Research on onFastcase Fastcase 7 7 1 1 0 0 0 0 358499358499 thethe Legacy Legacy of ofthe the 15th 15th and and 19th 19th Amendments Amendments Jan.Jan. 1, 1,2020 2020 Dec.Dec. 31, 31, 2020 2020 DataData Analytics: Analytics: Fastcase Fastcase and and Docket Docket Alarm Alarm 1 1 0 0 0 0 358481358481 HowHow Redlining Redlining Has Has Created Created Oct.Oct. 9, 9,2020 2020 Oct.Oct. 5, 5,2021 2021 1 1 1 1 0 0 355357355357 thethe Racial Racial Wealth Wealth Divide Divide in inIowa Iowa Jan.Jan. 1, 1,2020 2020 Dec.Dec. 31, 31, 2020 2020 IntroductionIntroduction to toBoolean Boolean on onFastcase Fastcase 7 7 1 1 0 0 0 0 358495358495 continuedcontinued on onthe the following following page page Jan.Jan. 23, 23, 2020 2020 Dec.Dec. 31, 31, 2020 2020 EthicsEthics and and Legal Legal Research Research on on Fastcase Fastcase 1 1 1 1 0 0 358479358479

34 THE IOWA LAWYER FEBRUARY 2021 20202020 ON-DEMAND ON-DEMAND CLE CLE INFORMATION INFORMATION 20202020 ON-DEMAND ON-DEMAND CLE CLE INFORMATION INFORMATION StartStart Date Date EndEnd Date Date EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID StartStart Date Date EndEnd Date Date EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID Dec.Dec. 11, 11, 2019 2019 Oct.Oct. 24, 24, 2020 2020 TheThe Intersection Intersection of ofElder Elder Law Law and and Family Family Law Law 1.251.25 0 0 0 0 340289340289 Oct.Oct. 15, 15, 2020 2020 Oct.Oct. 9, 9,2021 2021 OpenOpen Meetings/Public Meetings/Public Records Records in inthe the Time Time of ofCOVID-19 COVID-19 1 1 0 0 0 0 355359355359 Dec.Dec. 11, 11, 2019 2019 Oct.Oct. 26, 26, 2020 2020 JuvenileJuvenile Appeals Appeals 0.750.75 0 0 0 0 340287340287 Nov.Nov. 16, 16, 2020 2020 Nov.Nov. 16, 16, 2021 2021 LegalLegal Issues Issues with with a Remotea Remote Workforce Workforce 1 1 0 0 0 0 357250357250 DealingDealing with with Digital Digital Assets: Assets: CybersecurityCybersecurity Enforcement Enforcement Perspective Perspective Dec.Dec. 12, 12, 2019 2019 Nov.Nov. 18, 18, 2020 2020 1 1 0 0 0 0 340285340285 Nov.Nov. 17, 17, 2020 2020 Nov.Nov. 17, 17, 2021 2021 0.500.50 0 0 0 0 357245357245 WhatWhat Estate Estate Planners Planners Need Need to toKnow Know fromfrom Iowa Iowa Attorney Attorney General’s General’s Office Office Ethics!Ethics! 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346328346328 Dec.Dec. 16, 16, 2020 2020 Sept.Sept. 10, 10, 2021 2021 EstateEstate Recovery Recovery 0.500.50 0 0 0 0 358276358276 EffectiveEffective Ethical Ethical Behaviors Behaviors in in AprilApril 3, 3,2020 2020 AprilApril 3, 3,2021 2021 0.500.50 0.500.50 0 0 346327346327 Dec.Dec. 16, 16, 2020 2020 Sept.Sept. 10, 10, 2021 2021 TitleTitle Opinion Opinion Basics Basics 1 1 0 0 0 0 358306358306 thethe Pursuit Pursuit of ofConflict Conflict Resolution Resolution Dec.Dec. 17, 17, 2020 2020 Sept.Sept. 10, 10, 2021 2021 GrandparentsGrandparents and and DHS DHS 0.750.75 0 0 0.750.75 358429358429 AprilApril 10, 10, 2020 2020 AprilApril 10, 10, 2021 2021 ClientClient Relations Relations and and Law Law Firm Firm Finances Finances 0.500.50 0.500.50 0 0 346351346351 Dec.Dec. 17, 17, 2020 2020 Dec.Dec. 2, 2,2021 2021 Like-KindLike-Kind Exchanges Exchanges 0.750.75 0 0 0 0 358410358410 AprilApril 17, 17, 2020 2020 AprilApril 17, 17, 2021 2021 EthicsEthics of ofContract Contract Negotiation 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Act Act and and COVID-19 COVID-19 JulyJuly 24, 24, 2020 2020 JuneJune 1, 1,2021 2021 CaseCase Law Law Update Update 1 1 0 0 0 0 352290352290 Dec.Dec. 28, 28, 2020 2020 Dec.Dec. 1, 1,2021 2021 KeyKey Tax Tax Considerations Considerations Heading Heading in in2021 2021 0.500.50 0 0 0 0 358897358897 JulyJuly 28, 28, 2020 2020 JuneJune 19, 19, 2021 2021 PublicPublic Employment Employment 1 1 0 0 0 0 352474352474 Dec.Dec. 29, 29, 2020 2020 Dec.Dec. 2, 2,2021 2021 TaxTax Forms Forms and and Examples Examples 1.501.50 0 0 0 0 358922358922 20202020 Legislation Legislation and and Tax Tax Issues Issues JulyJuly 29, 29, 2020 2020 JuneJune 19, 19, 2021 2021 TheThe Year Year in inEthics Ethics Opinions Opinions 1 1 1 1 0 0 352510352510 Dec.Dec. 30, 30, 2020 2020 Dec.Dec. 2, 2,2021 2021 3 3 0 0 0 0 359024359024 RelatedRelated to toCOVID-19 COVID-19 and and Other Other Casualties Casualties Sept.Sept. 10, 10, 2020 2020 Sept.Sept. 10, 10, 2021 2021 StateState Case Case Law Law Update Update 1 1 0 0 0 0 358221358221 EnsuringEnsuring Due Due Process Process for for Litigants Litigants with with Mental Mental Sept.Sept. 21, 21, 2020 2020 Aug.Aug. 6, 6,2021 2021 1 1 0 0 0 0 354652354652 ImpairmentsImpairments and and Cognitive Cognitive Disorders Disorders ITG:ITG: Commercial Commercial Services Services 20202020 FASTCASE FASTCASE CLE CLE INFORMATION INFORMATION Sept.Sept. 21, 21, 2020 2020 Aug.Aug. 19, 19, 2021 2021 1 1 0 0 0 0 354642354642 OverviewOverview and and Residential Residential Update Update StartStart Date Date EndEnd Date Date EventEvent Title Title StateState EthicsEthics JuvenileJuvenile ActivityActivity ID ID VotingVoting Rights, Rights, Hard Hard Won, Won, Not Not Done: Done: Honoring Honoring Oct.Oct. 9, 9,2020 2020 Sept.Sept. 14, 14, 2021 2021 1 1 0 0 0 0 355358355358 Jan.Jan. 1, 1,2020 2020 Dec.Dec. 31, 31, 2020 2020 IntroductionIntroduction to toLegal Legal Research Research on onFastcase Fastcase 7 7 1 1 0 0 0 0 358499358499 thethe Legacy Legacy of ofthe the 15th 15th and and 19th 19th Amendments Amendments Jan.Jan. 1, 1,2020 2020 Dec.Dec. 31, 31, 2020 2020 DataData Analytics: Analytics: Fastcase Fastcase and and Docket Docket Alarm Alarm 1 1 0 0 0 0 358481358481 HowHow Redlining Redlining Has Has Created Created Oct.Oct. 9, 9,2020 2020 Oct.Oct. 5, 5,2021 2021 1 1 1 1 0 0 355357355357 thethe Racial Racial Wealth Wealth Divide Divide in inIowa Iowa Jan.Jan. 1, 1,2020 2020 Dec.Dec. 31, 31, 2020 2020 IntroductionIntroduction to toBoolean Boolean on onFastcase Fastcase 7 7 1 1 0 0 0 0 358495358495 continuedcontinued on onthe the following following page page Jan.Jan. 23, 23, 2020 2020 Dec.Dec. 31, 31, 2020 2020 EthicsEthics and and Legal Legal Research Research on on Fastcase Fastcase 1 1 1 1 0 0 358479358479

FEBRUARY 2021 THE IOWA LAWYER 35 CLASSIFIEDS West Des Moines. This person will assist in the risk manager will be responsible for POSITIONS AVAILABLE providing legal services on a variety of identifying, tracking and mitigating risk Chief Human Resources Officer – West corporate matters and will be capable of across UI Health Care and its affiliated Des Moines Community Schools, West Des juggling a task load that requires shifting entities. As part of a collaborative team, this Moines, IA – The West Des Moines priorities as necessary. The ideal candidate position will perform a broad range of health Community School District seeks a will possess a go-getter attitude, thrive in a care risk management services in a fast-paced collaborative leader to serve as chief fast-paced environment and bring amazing environment. For more information about this human resources officer. Working with organization/communication skills with position and to apply, please visit: http://jobs. and reporting to the superintendent, the them. To apply, visit https://careinitiatives. uiowa.edu/ and reference Requisition # chief human resources officer will join a hcshiring.com/jobs/ESfH-tTXv02bdQezP7NxLw 20004500. leadership team that is committed to the principle of continuous improvement and Associate Attorney – Donahoe Law Firm, Law Clerk 1 – State of Iowa Judicial Branch, excellence in creating and maintaining a P.C., Sioux Falls, SD – Donahoe Law Firm, Sioux City, IA – The Third Judicial District is learning community. To apply, visit https:// P.C. is seeking an associate attorney to assist seeking qualified applicants to fill a law clerk careers.iowabar.org/jobs/14249327/chief-hu- in litigation, including appeals, plus estate position in the Woodbury County Court- man-resources-officer planning and business law/commercial house in Sioux City. This is intended to be a matters. In addition to research and brief 12-month clerkship opportunity beginning Real Estate Paralegal – Ahlers & Cooney, writing, associate will have significant client March 1, or earlier if available. Depending P.C., Des Moines, IA – Seeking an contact and responsibility, including on funding, availability and performance, experienced real estate paralegal. The hearings, motion practice, trials and appeals this clerkship may be extended up to an candidate will be assisting the firm's real before public bodies or agencies, and the additional year. Submit resume, cover letter, estate group with all aspects of real estate state and federal courts mainly in South Iowa Judicial Branch Application for transactions as well as assisting other Dakota, plus Minnesota and Iowa. All Employment, transcripts and short writing departments with various transactional applications will be held confidential. Please sample to District Court Administrator duties. Bachelor’s degree or associate degree send a cover letter, resume, and writing sample to: Peggy Frericks at [email protected]. with a paralegal certificate preferred. Must [email protected] or Donahoe Law Please add “Law Clerk – Woodbury County” in the have two-plus years of legal assistant or Firm, P.C., 401 East 8th Street, Suite 215, Sioux subject line of your email. paralegal experience in a transactional Falls, SD 57103. capacity, with real estate experience Corporate Health Law Attorney – Hy-Vee, preferred. To apply, visit https://careers.iowabar. Deputy Counsel or Associate/Assistant Inc., West Des Moines, IA – Hy-Vee, Inc., a org/jobs/14157643/real-estate-paralegal Counsel (classified based on experience) 284-store supermarket retailer based in West – Transactional – University of Iowa Health Des Moines with 276 pharmacies and 60 Tax & Estate Planning Attorney – McGrath Care, Iowa City, IA – University of Iowa dietitians, seeks a health law attorney. This North, Omaha, NE – McGrath North, a Health Care seeks a health care attorney. individual will primarily be responsible for growing Omaha-based law firm, is seeking a Reporting to the chief legal counsel for UI providing advice on health law compliance, lateral attorney to join its growing and Health Care, this attorney will be responsible establishing, communicating and monitoring nationally-recognized tax and estate plan- for providing legal advice in a fast-paced compliance with policies and procedures, ning practice. Relevant legal experience environment in support of UI Health Care contract review and assisting with related should include assisting clients with federal and its affiliated entities as part of a transactions. Qualified candidates should and state tax planning and advocacy (with an collaborative team. This position will provide send a resume, description of legal emphasis on business transactions), estate a broad range of health care legal services experience, salary history and cover letter to: planning, wealth transfer planning, business with an emphasis on complex and high Mic Jurgens, senior vice president, secretary, chief succession planning, charitable planning, impact health care transactions as well as counsel, Hy-Vee, Inc., 5820 Westown Parkway, estate and trust administration and related health care regulatory analysis and strategic West Des Moines, Iowa 50266, or electronically to work. A successful candidate works well legal advice. For more information about this [email protected]. Applications for the position individually and as part of a team and position and to apply, please visit: http://jobs. will be accepted until midnight February 5, 2021. should expect and be comfortable with uiowa.edu/. If you have fewer than seven years’ direct client interaction and advice. Strong experience, please reference Requisition # District Court Judge – Iowa Judicial Branch, research, writing, and communication skills 20004521. If you have at least seven years’ Webster City, IA – The Bar and public are are necessary. To apply, visit https://careers.iow- experience, please reference Requisition # hereby notified that Governor Reynolds and abar.org/jobs/14166242/tax-estate-planning-at- 20004397. the commissioner of elections have certified a torney judicial vacancy in Judicial Sub-District 2B. Risk Manager – University of Iowa Health The Honorable Kurt L. Wilke has retired and Paralegal – Care Initiatives, West Des Care, Iowa City, IA – University of Iowa this judgeship will now be filled. This district Moines, IA – Care Initiatives is now hiring a Health Care seeks a risk manager. Reporting court position will primarily cover the paralegal to join our legal department in to the chief legal counsel for UI Health Care, counties in the eastern portion of 2B, HONORABLE DOUGLAS F. STASKAL (Ret.) including but not limited to the counties of Marshall, Story, Boone, Hardin and HONORABLE DOUGLAS F. STASKAL (Ret.) MEDIATIONHONORABLE AND DOUGLAS ARBITRATION F. STASKAL SERVICES(Ret.) Hamilton. Nominations opened Friday, Jan. HONORABLE DOUGLAS F. STASKAL (Ret.) 15, and close Friday, Feb. 5, at 4:00 PM. Any MEDIATION AND ARBITRATION SERVICES MEDIATION AND ARBITRATION SERVICES interested member of the Bar of 2B is MEDIATION AND ARBITRATION SERVICES encouraged to apply. Applicants may

Twenty-two years of experience on Polk County District download from the commission website a Twenty-two years of experience on Polk County District copy of the application form, background TwentyCourt-two presiding years of overexperience all subjects on Polk of Countylitigation District. Court presiding over all subjects of litigation. information form and the Uniform Rules of TwentyCourt-two presiding years of experienceover all subjects on Polk of Countylitigation District. Seventeen years of experience in public and private Procedure of the District Court Nominating SeventeenCourt presiding years of experienceover all subjects in public o andf litigation private . Commission. The commission website is Seventeen years of experience in public and private practice of of law law. . found at https://www.iowajnc.gov/district- Seventeen years of experience in public and private practice of law. commissions/judicial-district-2 practice of law. Contact me at 515 -491-6081 or Corporate/Transactional Attorney – Contact me at 515-491-6081 or [email protected] to schedule your BrownWinick Law Firm, Des Moines, IA – [email protected] me at 515-491 to-6081 schedule or your Seeking a full-time qualified attorney with mediation or arbitration. [email protected] me at or 515 arbitration-491 to-6081 schedule. or your 2-5 years of experience to join our corporate [email protected] or arbitration to schedule. your practice group. Candidates must be mediation or arbitration.

36 THE IOWA LAWYER FEBRUARY 2021

Hon Douglas Staskal Ad.indd 1 1/12/21 5:13 PM proactive, detail oriented and organized. include researching and analyzing health offers recreational, educational, and cultur- Candidates should also have experience in law issues, drafting and negotiating various al opportunities. The community is located transactional work, including mergers and contracts and transactional documents and on the shore of a 3,200-acre natural lake acquisitions and securities. Excellent advising clients regarding compliance and is home to an extensive public park academic credentials and writing skills issues. Excellent academic credentials and system, bike trail, resort and golf courses, required. Confidential inquires, including writing skills required. Confidential a university, public and parochial schools cover letter, resume and law school inquires, including cover letter, resume and and airport. Retiring sole practitioner will transcript (unofficial is acceptable) should law school transcript (unofficial is assist and mentor as requested with the goal be directed to: Tia Calhoun, Recruiting acceptable) should be directed to: Tia of providing continuing legal services to Coordinator; BrownWinick Law Firm; 666 Calhoun, Recruiting Coordinator; BrownWinick existing clients and developing new clients. Grand Avenue, Suite 2000; Des Moines, IA Law Firm; 666 Grand Avenue, Suite 2000; Des Current core areas of practice focus on real 50309; E-mail: [email protected] Moines, IA 50309; Email: tia.calhoun@ estate, wills, trusts, estate planning and brownwinick.com Transactional/Real Estate Associate probate. Move-in, ready-to-go office with – Davis Brown Law Firm, Des Moines, IA – Probate/Estate Planning Attorney – equipment and furnishings available. Tran- Davis Brown Law, a 78-attorney law firm Bradshaw Fowler Proctor & Fairgrave, Des sition arrangements are negotiable. This is with offices in Des Moines, West Des Moines, IA – The Bradshaw Fowler Proctor an opportunity for a new lawyer to develop Moines and Ames, seeks an associate & Fairgrave estate planning & probate areas of interest while continuing to serve attorney for the Des Moines office. A practice group is seeking an experienced an existing client base. minimum of two-three years of mid-level attorney to join its practice. The transactional experience is preferred. appropriate candidate ideally has four-plus SERVICES OFFERED Specific real estate experience is not years’ experience in estate planning, tax, Mediation – Former Justice Michael J. required, however, a desire to work in real corporate and real estate work. We offer a Streit who served for over 27 years on the estate is required. To apply, visit https:// competitive salary and benefits commensu- bench is offering mediation and arbitra- careers.iowabar.org/jobs/14137994/ rate with experience. The right attorney tion services. Streit was appointed as a transactional-real-estate-associate need not provide a book of business. To district court judge in 1983 where he apply, send resume and cover letter to Chris served the Fifth Judicial District. In 1996 First Assistant Attorney General – Iowa Long at [email protected]. Department of Justice – Attorney General, he was appointed to the Iowa Court of Des Moines, IA – Iowa Attorney General Litigation Attorney – Bradshaw Fowler Appeals and in 2001 to the Iowa Supreme Tom Miller seeks a first assistant attorney Proctor & Fairgrave, Des Moines, IA – Court where he served until 2010. For general. The first assistant attorney general Bradshaw Fowler Proctor & Fairgrave seeks information and scheduling please call is part of the senior management team in an attorney with three-plus years of expe- 515-244-3500 or 515-247- 4708. the attorney general’s office. Duties include rience with insurance coverage matters supervision of divisions, coordinating and/or appeals. Bradshaw attorneys in the PERSONAL criminal justice and other public policy insurance law and litigation practice area If depression, stress, alcohol or drugs are initiatives, working with the attorney serve as members of the board of directors a problem for you, we can help. We are a general on special priority projects and or provide counsel to insurance companies non-profit corporation offering attorneys working with the Iowa Legislature and on corporate matters including M&A, li- local officials. To apply, visit https://careers. free help in a totally confidential relation- censure with state insurance departments, ship. We are the Iowa Lawyers Assistance iowabar.org/jobs/14333140/first-assistant- compliance with regulatory requirements, attorney-general Program. Under order of the Iowa Supreme rate hearings, filings with governmental Court, all communication with us is privi- Litigation Attorney – BrownWinick Law entities and risk management, among leged and private. Our director is a former Firm, Des Moines, IA – Seeking a full-time other areas. To apply, send resume and cover lawyer and a recovering alcoholic and drug qualified attorney with at least three years of letter to Sean M. O’Brien at OBrien.Sean@ addict. He is a trained substance abuse experience (5+ years is preferred) to join bradshawlaw.com. counselor. We cannot help unless you call our litigation practice group. Candidates – 515-277-3817 or 800-243-1533 – or message must have excellent academic credentials FOR SALE (in confidence)[email protected] . All you and be proactive, detail oriented and Office Trasition Offer – Opportunity for have to do is ask us to contact you. No other organized. Candidates should also have new or experienced lawyer to take over details are necessary. We will call you. The advanced research and writing skills and a 45+ year practice in a northwest Iowa Iowa Lawyers Assistance Program also can experience with pleadings, motions and multicultural county seat community which provide speakers for local bar associations. discovery, including depositions. Prior courtroom experience strongly preferred. Confidential inquires, including cover letter, resume and law school transcript (unofficial is acceptable) should be directed to: Tia Calhoun, Recruiting Coordinator; BrownWinick Law Firm; 666 Grand Avenue, Suite 2000; Des Moines, IA 50309; E-mail: tia.calhoun@ brownwinick.com Health Law Attorney – BrownWinick Law Firm, Des Moines, IA – Seeking a full-time qualified health law attorney with a minimum of three years of experience to join our firm in our health law practice group. Candidates must be proactive, detail oriented and organized. Candidates should also have experience in representing health care providers in transactional and regulatory matters. Medicare and Medicaid reimbursement and fraud and abuse experience a plus. Responsibilities will

FEBRUARY 2021 THE IOWA LAWYER 37 SpotlightONService The Iowa Lawyers Assistance Program and its volunteer board and committee members The Iowa Lawyers Assistance Program The ISBA recognizes the following members of the ILAP Board of (ILAP) has always been, and especially now Directors for their service to the profession. Their contact information is at this time of world-wide crisis, ready, willing and able to offer help to Iowa lawyers, judges provided for attorneys who wish to reach out. All contact is confidential. and law students who may be struggling. Dan Moore, President: [email protected] or (712) 899-4678 Dan Moore “The members of the ILAP Board of Emily Dean: [email protected] or (319) 470-3350 Directors continue to offer to share their Amber Hegarty: [email protected] or (712) 301-6503 experience, strength and hope with other Iowa lawyers,” said Laura Roan: [email protected] or (515) 360-8342 Dan Moore, president of the ILAP Board of Directors. “The Scott Bandstra: [email protected] or (515) 480-6504 ILAP members are a safe, confidential and important resource to our profession. We have an awareness of serving Iowa Tom Murphy: [email protected] or (515) 865-3913 lawyers who may be struggling with alcohol or drug addiction, Steve Belay: [email protected] or (563) 380-0816 depression, burn out or similar stresses in our law profession. Hugh Grady, Director: [email protected] or (800) 243-1533 We truly care and hope you will contact us for help.” In addition to the ILAP Board, the Lawyers Helping The Iowa State Bar Association’s Lawyers Helping Lawyers Lawyers Committee “offers tremendous support to the ILAP Committee has the following lawyers who are willing to talk with program and serves as an integral part of our successes,” anyone who needs assistance. All communication is confidential. said Moore. “Its members are always ready to help Iowa lawyers when called upon by ILAP’s Executive Director James Benzoni: [email protected] or (515) 971-4431 Hugh Grady, or directly by any of our colleagues. It is Diane Dornburg: [email protected] or (515) 249-7581 reassuring for someone who may be struggling to know Jerry Crawford: [email protected] or (515) 778-5420 there are people in our profession who are ready to help.” Paige Fiedler: [email protected] or (515) 240-1442

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