In This Issue

THE IOWAOctober 2020 V80 N9 L AW Y ER

JURY TRIALS IN THE TIME OF COVID PAGE 6

In this issue

JUSTICE GINSBURG REFLECTIONS PAGE 8

A.I. IN THE WORKPLACE PAGE 9

TROUBLED RURAL HEALTH CARE PAGE 11

PRO BONO HONOR ROLL PAGE 20 18+

Professionals with STEM-related degrees 6 engineering, 9 science, 2 pharmacists 4,460+

U.S. and foreign patent applications filed in the last five years 1,430+

Trademark applications filed in the last five years Innovate in Iowa. Protect in Iowa. The Intellectual Property attorneys at McKee, Voorhees & Sease, PLC know and understand manufacturing.

MVS attorneys in the Mechanical and Electrical Practice Group include Iowa born and educated individuals, some even having experience working with Iowa manufacturing companies prior to their careers at MVS. This helps connect and build relationships with Iowa’s great manufacturing companies to provide customized strategies for fostering, cultivating, protecting, and defending Iowa innovation.

With our experience, from growing up in Iowa to our technical engineering backgrounds, MVS attorneys are at the forefront of intellectual property protection, leading clients successfully to the protection and commercialization of their products.

Since the Firm’s inception in 1924, our patent attorneys have served Iowa businesses in the protection and defense of their intellectual property through patents, trademark and trade secret registrations, licensing, and litigation.

Give us a call today at (515) 288-3667 to find out how www.ipmvs.com we can guide and protect your Iowa company. Table of Contents THE OFFICIAL PUBLICATION OF THE IOWA STATE BAR ASSOCIATION

18+ GENERAL INQUIRIES [email protected] or 515.243.3179

EDITORIAL TEAM Professionals with STEM-related Editor-in-Chief Copy Editor degrees 6 engineering, 9 science, Melissa Higgins Steve Boeckman 2 pharmacists [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., 4,460+ Des Moines, IA 50309-1904. One copy of each issue is furnished to association members as part of their annual dues. Non-member subscription U.S. and foreign patent applications rates are $40 per year. Periodicals postage paid at Des Moines, Iowa. filed in the last five years POSTMASTER Send address changes to The Iowa Lawyer Mag- azine, 625 East Court Avenue, Des Moines, IA, 50309-1904. Members can contact the member- ship department to change their addresses by emailing [email protected]. PRINTER 1,430+ The Iowa Lawyer Magazine is printed by Mittera Volume 80 Iowa, 10776 Aurora Avenue, Des Moines, IA, 50322. Number 9 Telephone 515.270.0402. Design and Production: Trademark applications October Mittera Iowa. 2020 filed in the last five years ADVERTISING CLASSIFIED. Qualifying ISBA members receive two free non-job listings annually as a member benefit. Members should contact the ISBA CONTENTS Communications Department for ad placement: [email protected]. For Career Center postings, visit http://careers.iowabar.org/ IN BRIEF Innovate in Iowa. Help Iowans navigate the 2020 Pro Bono Honor Roll DISPLAY. Display advertising in The Iowa Law- 4 legal ramifications of the 20 yer Magazine is handled by Larson Enterprises, derecho disaster 909 50th Street, West Des Moines, IA, 50265. For 23 Estate planning with charitable display advertising and non-member classified Judicial Performance Review giving funds Protect in Iowa. 4 results released ahead of ad rates, contact Alex Larson at 515.238.4406 or November retention vote The Intellectual Property attorneys at McKee, Voorhees & Sease, PLC [email protected]. SUBMISSIONS know and understand manufacturing. The Iowa State Bar Association seeks to publish COLUMNS original articles that advance the education, com- FEATURES 5 President’s Letter: Jury MVS attorneys in the Mechanical and Electrical Practice Group include Iowa born and educated individuals, petence, ethical practice and public responsibility Jury trials in the time of COVID trials resume of Iowa lawyers. Members are encouraged to sub- 6 some even having experience working with Iowa manufacturing companies prior to their careers at MVS. mit articles to the editor for possible publication. Reflections on Justice Ruth Kudos 8 Bader Ginsburg 13 This helps connect and build relationships with Iowa’s great manufacturing companies to provide customized Submissions should be no longer than 1,500 words, although exceptions can be made. Footnotes Artificial Intelligence in the 25 Transitions strategies for fostering, cultivating, protecting, and defending Iowa innovation. should be kept to a minimum. Include a short bio 9 workplace: Coming to a court- of the author(s) and professional photo(s) when house near you 26 In Memoriam submitting. NOTE: Not all submissions are guar- With our experience, from growing up in Iowa to our technical engineering Troubled rural health care: anteed publication. The editors and bar leaders 11 CLE Calendar backgrounds, MVS attorneys are at the forefront of intellectual property protection, Considerations for Iowa 26 review all submissions to make a determination of communities leading clients successfully to the protection and commercialization of their products. suitability for publication. Email all submissions to 27 Disciplinary Opinions [email protected] in Microsoft Word format. 14 Safe at Home program gives anonymity to victims of assault Classifieds Since the Firm’s inception in 1924, our patent attorneys have served Iowa businesses STATEMENTS OR OPINIONS and violence 28 The statements and opinions in this publication Iowa’s longest serving Thanks to speakers in the protection and defense of their intellectual property through patents, are those of the authors and not necessarily those 29 16 magistrate to retire trademark and trade secret registrations, licensing, and litigation. of The Iowa State Bar Association. Readers should 30 Spotlight on Service: Variety – consult original sources of authority to verify ex- 18 How to persevere in politics? The Children’s Charity actness. Advertising in this publication does not State Auditor Rob Sand says it’s Give us a call today at (515) 288-3667 to find out how constitute endorsement of a product or service all about servant leadership www.ipmvs.com unless specifically stated. we can guide and protect your Iowa company.

OCTOBER 2020 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 HELP IOWANS NAVIGATE THE Jerry Schnurr III Ft. Dodge 515-576-3977 [email protected] PRESIDENT-ELECT LEGAL RAMIFICATIONS OF THE Anjela Shutts Des Moines 515-288-6041 [email protected] VICE PRESIDENT DERECHO DISASTER Henry Hamilton III W. Des Moines 414-403-9082 [email protected] SECRETARY A toll-free disaster legal advice hotline is available to Dwight Dinkla Des Moines 515-697-7867 [email protected] residents in Linn County impacted by the Aug. 10 derecho IMMEDIATE PAST PRESIDENT storm. This hotline is a partnership between Iowa Legal Willard "Bill" Boyd III Des Moines 515-283-3172 [email protected] DISTRICT GOVERNORS Aid, The Iowa State Bar Association, the ISBA Young DISTRICT 1A Lawyers Division, the American Bar Association Young Chris Even Dyersville 563-875-9112 [email protected] Lawyers Division, the Linn County Bar Association and the Daniel Fretheim Decorah 563-382-2959 [email protected] Polk County Bar Association Volunteer Lawyers Project. DISTRICT 1B Shannon Simms Waterloo 319-291-6161 [email protected] The Derecho Legal Hotline is currently focused on storm Heather Prendergast Waterloo 319-234-4600 [email protected] victims with legal issues related to securing FEMA and DISTRICT 2A Matthew F. Berry Clear Lake 641-357-7296 [email protected] other government benefits, insurance claims, home repair Megan Rosenberg Hampton 641-456-2555 [email protected] contracts, replacement of important legal documents DISTRICT 2B destroyed in the disaster, consumer protection matters, John Werden Carroll 717-792-3424 [email protected] landlord-tenant problems, business issues and more. Bethany Currie Marshalltown 641-421-0990 [email protected] The hotline phone number is 1-877-469-2259. Additional DISTRICT 3A Jack Bjornstad Spirit Lake 712-322-5225 [email protected] counties may be served by the hotline based on eligibility Kevin R. Sander Andover 712-362-7215 [email protected] for FEMA individual assistance. DISTRICT 3B Volunteer lawyers from Maura Sailer Denison 712-263-4627 [email protected] a broad range of practice James Daane Sioux City 712-252-2424 [email protected] DISTRICT 4 areas are needed to provide DeShawne Bird Sell Glenwood 712-527-4026 [email protected] limited scope pro bono Deborah Petersen Council Bluffs 712-328-8808 [email protected] legal services. If you are DISTRICT 5A interested in volunteering for Gilbert Caldwell III Newton 641-792-4160 [email protected] Miki McGovern Woodward 515-490-9081 [email protected] this project, please contact DISTRICT 5B ISBA Director of Innovation Andrew Zimmerman Corning 641-322-4712 [email protected] and Outreach Virginia Sipes DISTRICT 5C at [email protected], David Nelmark Des Moines 515-988-0447 [email protected] Joseph Happe Des Moines 515-288-2500 [email protected] and indicate your practice Margaret A. Hanson Des Moines 515-246-7957 [email protected] areas in the email. Bridget R. Penick Des Moines 515-242-8902 [email protected] Adam D. Zenor Des Moines 515-245-8902 [email protected] Donna Miller Des Moines 515-809-9699 [email protected] Kathleen Law Des Moines 515-283-3116 [email protected] Cindy Rybolt Mitchellville 515-243-1193 [email protected] Joe Moser Des Moines 515-288-0145 [email protected] JUDICIAL PERFORMANCE Stacey Warren Altoona 515-414-8918 [email protected] William Miller Des Moines 515-283-1000 [email protected] REVIEW RESULTS RELEASED DISTRICT 6 Erin R. Nathan Cedar Rapids 319-896-4013 [email protected] AHEAD OF NOVEMBER Melvin Shaw Coralville 319-337-7429 [email protected] Caitlin Slessor Cedar Rapids 319-365-9461 [email protected] RETENTION VOTE Kristofer Lyons Monticello 319-462-3961 [email protected] Chad Brakhahn Cedar Rapids 319-896-4002 [email protected] The Iowa State Bar Association has released the results of DISTRICT 7 its performance evaluation of the 95 judges standing for David J. Helscher Clinton 563-243-1243 [email protected] retention in this year’s November general election. The ISBA Julie Degen-Sprague Wilton 563-732-2666 [email protected] biennially conducts a survey of its attorney members and Ian J. Russell Bettendorf 563-324-3246 [email protected] compiles the results to give voters information on which to DISTRICT 8A Rick Lynch Bloomfield 641-664-1997 [email protected] base their decisions about keeping a judge on the bench. Mike Mahaffey Montezuma 641-623-5425 [email protected] Full results of the 2020 Judicial Performance Review DISTRICT 8B Tim Liechty Mount Pleasant 319-367-2251 [email protected] are now available on the ISBA website: , or iowabar.org REPRESENTATIVES AND DELEGATES judicialfacts.org. Iowa Judges Association Liaison Rustin Davenport Mason City 641-494-3621 [email protected] Attorneys evaluated the 87 district court judges, four court ABA Delegates of appeals judges and four supreme court justices on the Alan Olson Des Moines 515-271-9100 [email protected] ballot based on a number of performance characteristics, David L. Brown Des Moines 515-244-2141 [email protected] including knowledge and application of the law and de- Jane Lorentzen Des Moines 515-244-0111 [email protected] Kay Oskvig Des Moines 515-288-6041 [email protected] meanor. Nearly 1,500 attorneys responded, and the Fair LEGISLATIVE COUNSEL TEAM and Impartial Courts Committee would like to thank all James Carney Des Moines 515-282-6803 [email protected] ISBA members who participated. Doug Struyk Des Moines 515-282-6803 [email protected] Jenny Dorman Des Moines 515-282-6803 [email protected] “The results of the Judicial Performance Review demon- ISBA YOUNG LAWYERS DIVISION OFFICERS strate the confidence that attorneys across the state of President Torey Cuellar Nevada 515-382-7255 [email protected] Iowa have in our judges,” said Chair of the ISBA Fair and President-elect Kristen Shaffer Coralville 319-365-9461 [email protected] Secretary Kyle Fry Muscatine 563-564-4982 [email protected] Impartial Courts Committee Guy Cook. Immediate Past President Abhay Nadipuram Des Moines 515-288-1955 [email protected]

4 THE IOWA LAWYER OCTOBER 2020

Jury trials resume LETTER BY ISBA PRESIDENT JERRY SCHNURR III, MEMBER OF THE JUMPSTART JURY TRIALS TASK FORCE

ury trials began again Sept. 14 after video. The courtroom became the jury litigants, witnesses, lawyers, judges and three pilot jury trials in August deliberation room in a Calhoun County court staff must feel safe so that they can J implementing the court’s guidelines trial. The jury stayed in the courtroom focus on the evidence and arguments based on recommendations of the for sidebars and deliberations. in the case. The court has implemented Jumpstart Jury Trials Task Force. The Jurors reported that, overall, they guidelines so that people are as safe taskforce, working with representatives were satisfied with their ability to see the as possible and the due process rights of the court, the legal profession, court judge and attorneys, though displaying encompassed in the right to a jury reporters, court administration and exhibits via video screens sometimes trial are preserved. The guidelines will counties, developed recommendations presented challenges to the jurors and provide as much protection as possi- for safe jury trials with an eye to pre- attorneys. Placement of the screens and ble to participants in jury trials while serving the constitutionally-protected social distancing requirements had an allowing full presentation of evidence rights of the parties to a trial by a jury impact on the ability to see exhibits. and arguments. You can read more of a cross-section of the community. These challenges can be overcome with about how pilot trials were conducted The judicial branch distributed better placement of video screens. around the state, from the perspective surveys to all the participants in the pilot Overall, the participants were pleased of the judges, on the following pages. trials – jurors, attorneys, court staff and with the way the pilot trials went. There The ISBA is working with the court presiding judges. The feedback received are certainly some challenges and, “it to make sure the public is aware of the is very encouraging. The participants is not the way we have always done it.” importance of jury service and that felt safe and appreciated the precau- For example, some report that face extensive steps have been taken for the tions taken to protect everyone. The shields make it harder to hear, whereas safe return to our courtrooms. We are flood of requests for COVID-19-related masks make it more difficult to see and working with the court to develop a deferrals by potential jurors did not read facial expressions. Microphones public service announcement that will happen. Judges reported about the help the court and jurors hear the initially go out on social media and the same number of juror deferral requests attorneys and witnesses. We will need court’s website. We will also engage in for health reasons as they would have to remember to use the microphones. a public education effort to ensure that expected previously. Jurors summoned But that precious right of trial by juries are made up of a cross-section of to pilot trials seemed as willing to serve jury that is so fundamental to our the community. There is no doubt that as they did before the pandemic. character is preserved. Every trial you will be called on in this effort. We Face masks and shields, social dis- requires the ability to adapt to the look forward to working together to tancing and frequent sanitizing were circumstances. We are only limited by ensure that jury trials continue safely. employed. Folks from the clerk’s office our imagination, ingenuity and ability It is important to remember that, met potential jurors at the door and to implement changes. Iowa attorneys in the midst of a pandemic, our court directed them to the waiting areas. are some of the best in the country. proactively brought together a task force Voir dire took place away from the We can adapt to almost any circum- made up of attorneys, judges, court courthouse in some cases so that all stance to effectively advocate for our reporters, court administration and potential jurors could be together clients. We will adapt to this new way county representatives to make sure while remaining socially distant. In of trying cases. The jury trial is pre- that our justice system would continue other courts, voir dire took place in served. COVID-19 did not eliminate it. to function in a manner consistent the courthouse, though the jury panel I have said it before and will say it with those principles embodied in the was physically separated and joined again: Jury service is critical to our constitutional right to trial by jury. through technology and closed-circuit democratic form of government. Jurors, By utilizing the guidelines set out by the court for resuming jury trials, it is feasible that they can be conducted in a safe and effective manner. “Our liberties we prize and our rights we will maintain.”

Jerry Schnurr III Schnurr Law Firm P.C. [email protected] 515-576-3977

OCTOBER 2020 THE IOWA LAWYER 5 Jury Trials Jury trials in the time of COVID

The following comments were written by three Iowa judges who presided over pilot UPDATE ON THE trials held in September in advance of jury trials resuming statewide Sept. 14.

JUMPSTART JURY Judge Gina Badding, made it difficult to see the jurors’ faces. The second most difficult aspect of District 2B the jury selection process was the level of TRIALS TASK FORCE State v. Randa Sue Pedersen technology and staff needed to make the split panel work. We were fortunate to On Aug. 25, I presided over a pilot jury The Iowa Supreme Court postponed jury trails in have someone from the Judicial Branch trial in Calhoun County. Considering March to protect public safety by reducing the IT department on site to help the day of the extra precautions necessitated by risk of contracting or spreading COVID-19. Soon the trial. I understand this will not be the coronavirus/COVID-19 pandemic, I possible as jury trials ramp up across the afterwards, the Jumpstart Jury Task Force was think the trial itself went extremely well. state, which will require some technical formed to develop policies and procedures to ensure Because we did not have an alternate site training for judges and their staffs on the available, we conducted jury selection at everyone’s fundamental right to a jury trial while use of cameras and live-streaming. We the courthouse. Our clerk of court, Donna protecting the health and safety of jurors, court were also fortunate to have three court Geery, sent out 110 summonses. In normal staff, parties, attorneys, judges and all Iowans attendants available to us during the jury circumstances, she would have sent out selection (one in the courtroom, one at who access the courthouse. only 80. We were happy with the number of the door of the courtroom and one in the responses—56 in all. We were also pleas- The task force met several times, spoke with basement), although this will not always be antly surprised that none of the people who court officials from around the country and possible in some of the smaller counties. responded requested to be excused prior to Our jury was selected by about 11:15 a.m. consulted with public health experts and county the trial due to virus-related reasons. This on the first day of the trial. This was just a officials before making recommendations to the held true during the jury selection itself. bit longer than it would have taken normally Our court attendant asked the first three supreme court. The supreme court adopted many to select a jury for the type of case that was advance screening questions set out in the of its recommendations. being tried. Once the jury was selected, the July 22, 2020 Iowa Supreme Court order on trial itself proceeded much as it would have As the world continues to adapt to the COVID-19 resuming jury trials as the jurors checked pre-COVID-19, aside from the face masks in. Once the jurors were seated, I repeated pandemic, the judicial branch resumed face-to-face and social distancing. We had to abandon those questions and asked the remaining hearings July 13 and criminal jury trials Sept. 14 the regular jury room for breaks and delib- questions set out in the July 22 order. No erations, as it was too small to accommodate with new safeguards in place. The backlog and new potential juror reported being nervous everyone safely. The courtroom was used scheduling process implemented to allow for social or scared because of the coronavirus. instead, which worked well. Sidebars, objec- distancing will make the year difficult for everyone We placed the initial panel of 23 poten- tions and motions outside the presence of tial jury members in the courtroom with using courts services, and parties will need to be the jury were conducted in court chambers. everyone spaced out six feet apart. Another patient as their disputes work through the courts. When I visited with the jury after the 17 individuals were placed in a basement trial concluded, each one reported having a “The COVID-19 pandemic has changed nearly conference room that was large enough to positive experience and feeling safe during accommodate them with the required social everything in our daily lives, and that includes jury the trial. The main area that the jury noted distancing. All of the potential jury members trials. Even with these changes, the courts remain we needed to improve upon was audio in the courtroom wore face shields and quality. Overall, however, everyone seemed committed to their communities and will adapt to name tags with their juror number, while happy to be a part of our judicial branch’s meet the community’s needs. We can keep citizen those who were in the basement wore face reopening process, as was I. The procedures court participants safe while continuing to adminis- masks. The Judicial Branch IT department put in place by the Iowa Supreme Court and set up a live-stream of the proceedings in ter justice fairly and impartially to all Iowans,” said its Jury Task Force were a key part of our the courtroom so that those in the base- Iowa Supreme Court Justice Matthew McDermott, successful pilot, along with the hard work ment could hear the questions being asked and planning prior to trial by the Calhoun co-chair of the Jumpstart Jury Trials Task Force. in the courtroom. Some potential jury County Clerk of Court and her staff, the members in the basement did have trouble “Jury trials are guaranteed by the Constitution and attorneys involved in the case and the Judi- hearing at first, but after adjustments are essential to providing justice for Iowans. We cial Branch IT Department. I am confident were made, the audio quality improved. that with this continued support, we’ll be believe that we now have the safeguards in place That being said, the most difficult aspect able to recreate our positive pilot jury trial to provide people with their right to a jury trial – a of the jury selection process was the audio experience for the jury trials yet to come. right enshrined in both the United States and the quality. The Calhoun County Courthouse Iowa Constitution – while also ensuring that jurors is a large, historic courthouse with high can safely perform their vital role in the American ceilings and poor acoustics. Even with microphones placed at the bench and counsel Judge Henry Latham, system of justice,” said Guy Cook, co-chair of the table, the potential jurors had difficulty District 7 Jumpstart Jury Trials Task Force. hearing me and the attorneys. We likewise State v. Destiny Milton had a hard time hearing the jurors. The face shields seemed to make this worse for Scott County was selected and conducted some. There was also a glare on the face a pilot jury trial on Aug. 17, observing the shields from the overhead lights, which necessary precautions as a result of the

6 THE IOWA LAWYER OCTOBER 2020 – Views from the bench

COVID-19 pandemic. The City of Davenport All individuals involved in this trial participants donated the use of the RiverCenter conven- completed surveys. All responded positively were required The Iowa State Bar Association tion center to Scott County. The jurors were that they felt adequate safety measures were to wear masks summoned to appear for jury selection at the taken in response to COVID-19 concerns. at all times. has partnered with the Iowa RiverCenter, which is located approximately I believe the hard work in preparing for Before any Judicial Branch to launch the five blocks from the Scott County Court- trials has paid off. Procedures were put in break, the “Serving Safely” public service house. The RiverCenter has capacity for place to address these concerns without court remind- campaign to provide information 70 people in the grand hall entrance while significantly impacting the process of a trial ed the jurors to potential jurors about the maintaining social distancing and close to and allowing the parties to proceed to trial. to maintain safeguards in place to protect 300 individuals in the convention center. As The overall experience was very positive. social distanc- them during their jury service. a result, conducting jury selection was very ing and to similar to the process at the courthouse. either wash Information will be shared The only difference was enforcing social Judge Thomas Reidel, their hands or through the Judicial Branch distancing and face coverings. Face cov- District 7 use hand san- website and social media. erings were required and the prospective itizer before jurors that were questioned by the attorneys State vs. Gustavo Cifuentes returning to were provided disposable face shields. It was On Aug. 17, the Muscatine County District court. After determined it was easier to hear and under- Court commenced the first jury trial in jury selection, the 13 jurors selected (12 stand those that utilized the face shields. Iowa since early March of this year. The plus an alternate) returned to the Musca- The Scott County Sheriff’s Office jury trial piloted the July 22, 2020, Iowa tine County Courthouse for the trial. The provided security screening of those Supreme Court order on Resuming Jury courtroom is large enough to accommodate entering the RiverCenter and generally Trials. In order to ensure proper social 13 socially-distanced seats for the jurors throughout the selection of the jury. The distancing, the court held jury selection at with the jurors spread out throughout the chairs within the “courtroom” were spaced Muscatine Central Middle School Auditori- courtroom. Blue painter’s tape signaled six feet apart. The RiverCenter provided um. The Muscatine County Clerk of Court an allowable seat and green painter’s black draping in the front of the room to summoned 125 percent of the normal jury tape signaled an off-limits seat. Masks or provide separation from the courtroom pool due to concerns that jurors may not face shields were required at all times. and the area provided for proceedings readily appear. However, juror turnout was After the case was submitted, the jury to be conducted outside the presence of excellent. Two jurors expressed concerns used the courtroom as the jury room for the jury. In this area, the RiverCenter about COVID-19 issues. The service time for deliberations as no other room in the provided an office which could be utilized both jurors was deferred until next spring. courthouse had sufficient size to allow as a judge’s chambers. Additionally, the At the outset, the court explained to the social distancing. The courtroom seating for RiverCenter provided black skirting to the jurors the safety precautions put in place deliberations was reconfigured, while main- tables to make the bench and the well of the by the court and the safety procedures that taining social distancing, so that the jury courtroom look professional. Microphones were to be followed at all times, along with was in a large circle. This was done to assist were placed at the bench, both counsel the constitutional reasons that necessitated the jurors with deliberations. Masks or face tables and one for the prospective jurors. a return to jury trials during the COVID-19 shields were required during deliberations. Questioning of the prospective jurors pandemic. The jurors had an incredibly No problems were reported with de- was conducted very similar to the row by positive attitude throughout the process. liberations and a verdict was returned. row questioning in the courtroom. Eight Any juror that was questioned during jury Afterwards, the jurors were questioned prospective jurors were asked to come selection was required to wear a face shield and reported that they felt very comfort- forward to be questioned as a smaller so that facial expressions and body language able with the social distancing and the group, as a row in the courtroom. At the could be read by the attorneys. All other requirements for masks and face shields. conclusion of the questioning of each group, a break was had which allowed for sanitization of the seats occupied by those prospective jurors questioned and to allow a break for the group as well. After the jury was selected, the trial was moved to the Scott County Courthouse. The courtroom had been marked to provide social distancing, and again face coverings were required to be worn by everyone involved in the trial. As the normal jury room would not allow appropriate social distancing, the jurors remained in the courtroom during breaks and for deliberations. Although this is just the reverse of how the court and jurors use the courtroom, with minimal modifications of procedures, the process went very well.

OCTOBER 2020 THE IOWA LAWYER 7 Ginsburg

REFLECTIONS ON Justice Ruth Bader Ginsburg By Judge Donna L. Paulsen, Iowa District Court Senior Judge

I had the honor of meeting Justice I was a generation behind Justice When Justice Sandra Day O’Connor Ruth Bader Ginsburg on two occasions Ginsburg as I entered the University of was appointed in 1981 as the first woman – once in Washington D. C. and once in Iowa College of Law in 1972 when women to serve on the United States Supreme Chicago – at functions sponsored by the were just starting to enter law schools in Court, we were thrilled. Women were National Association of Women Judges larger numbers. My class was about 20 encouraged by her appointment to apply (NAWJ). We were both members of NAWJ, percent female, whereas Justice Ginsberg’s to be judges. I was inspired to give it a which is an organization promoting class in 1956 was only two percent female. try. In 1992, I was appointed to serve as gender equality in the courts, and at one At the law school, they did not know what the first woman district court judge in time I was a board member. At a small to do with us. They had hastily converted Polk County and in the 15 counties of reception in Chicago, I was able to speak a male restroom for the females but left the Fifth Judicial District. This position with Justice Ginsburg, who was there with the urinals. We insisted that we were was very tough at times as some members her granddaughter who is now a lawyer. there to stay, and the urinals needed of the judiciary, lawyers and litigants When you see this diminutive woman, it is to go. Law school was conducted using did not want women in the judiciary. such a visual contrast with the knowledge the Socratic Method where professors When Justice Ginsburg was appointed of her powerful intellect and immense ask questions of students regarding the to the U.S. Supreme Court in 1993, it was contribution to the law. Justice Ginsburg case studies. In our class, the women such a victory as we knew she would be wore gloves as she was shaking hands with were singled out for embarrassment and another strong voice for gender equity. attendees. Her voice was very soft, but particularly called on when a case dealt We were no longer a token of just one, but she was always smiling. She expressed an with sexual assault. I can only imagine we had two women on the highest court. interest in our courts and how the young the issues faced by Justice Ginsburg. Over the years, Justice Ginsburg’s majority women lawyers were faring. She had a dry Throughout the 1970s and 1980s, opinions and her dissents were infused wit and was the consummate gentle lady. Justice Ginsburg was already a rock star with integrity and hope for what our laws to women lawyers. She was arguing cases and our country should be for all. Her before the U.S. Supreme Court, which decisions on DACA, health insurance, was rare for women. She was pursuing racial discrimination, same-sex marriage, a strategy of carefully-selected cases to women’s reproductive rights, equal pay promote gender equality. The strategy and more have impacted every facet of was working! In cases such as Frontiero v. our lives. She embraced her well-deserved Richardson, she prevailed in her argument rock star status as “The Notorious R.B.G.” that it was an unconstitutional denial It is hard to put into words how grateful of equal protection to deny a housing I am for Justice Ginsburg. She remained allowance to a female in the Air Force focused and worked tirelessly for her because of her sex. In Weinberger v. belief in justice for all. Along the way Weisenfield, she carefully selected a male there were many personal sacrifices she plaintiff who was denied social security made to excel in her legal work. During benefits after the death of his wife. Case by her career she was collegial and able to case, she educated the all-male Supreme communicate with justices who did not Court about gender discrimination. share her views on the law, as evidenced by Justice Ginsburg had difficulty finding her friendship with Justice Antonin Scalia. a job after she graduated from law school We have come a long way over the last despite her stellar resume. I too had that 50-some years, but we have much more same experience in 1975. Only two women work to do. Thank you, Justice Ginsburg. were in private practice in Cedar Rapids You have inspired many other lawyers and when I was looking for work. Reasons for judges who will continue to champion not hiring me included: “Our partner’s your work to tirelessly promote not only daughter will be graduating from law gender equity but equal justice for all. school in a few years and we will need to hire her” and “Our attorneys need Judge Donna Paulsen has to travel and their wives would not like served on the Iowa District Court bench for 29 years and them traveling with a female lawyer.” is currently serving as a Senior MARINE OFFICERS FIGHT Justice Ginsburg was a role model for Judge. She graduated with our personal lives as well. She managed distinction from the University of Iowa College of Law in TO WIN. EVEN HERE. a happy marriage and children. She 1975. She practiced law in cared for her young daughter while in Cedar Rapids and Des Moines for 17 years before law school in addition to caring for her her appointment to the bench. She served as President of the Iowa Judge’s Association and husband during his cancer treatments. was on the Board of the NAWJ and the ISBA.

8 THE IOWA LAWYER OCTOBER 2020

9MCD_Iowa_Lawyer_Mag_r1.indd 1 8/21/20 7:03 PM ARTIFICIAL INTELLIGENCE IN THE WORKPLACE: By Helen Adams, United States Chief Magistrate COMING TO A COURTHOUSE NEAR YOU Judge, Southern District of Iowa

“Artificial intelligence is about re- passed down from the previous employee skills and attributes of the most successful placing human decision making with to the new hire.4 New hires use the AI-cre- sales people at the company. Company A has more sophisticated technologies.”1 ated lessons to learn their new role without never had a female sale person in its history. Whether you agree or disagree with this disrupting the workflow of other employees. The AI system may not select female candi- quote, artificial intelligence applications AI also delivers electronic training dates as they may not fit the profile that has can be found throughout the business during an employee’s tenure, which been generated for a successful sales person.9 world. Artificial intelligence or “AI” is can be personalized for the job and the Another example would be an AI system often referred to as predictive analytics, employee. As the employee performs in that has been taught to favor certain zip machine learning, deep learning, intelli- the training module, AI can identify the codes due to their proximity to the office gent retrieval or image recognition. AI is areas in which the employee is excelling and that people who live closer to the office the use of algorithms that mimic human or struggling so that further training may have a lower absenteeism rate. Use of intelligence to perform cognitive functions can be focused on the weaker areas.5 that system could constitute disparate impact and solve problems through interaction, Companies have implemented AI in racial discrimination if the selected zip codes 10 visual perception, learning, reasoning, the form of chatbots to enhance human are predominately white neighborhoods. natural language processing and planning. resources departments. A chatbot is an AI In 2017, Amazon identified an algorithm The purpose of this article is to highlight program that simulates interactive human bias issue. Amazon was using an algorithm ways that employers are using AI to assist conversation by using key pre-calculated to compare resumes of applicants to those in making employment decisions. The user phrases and auditory or text-based of successful employees over the past 10-year article also raises possible legal issues that signals.6 A chatbot is also known as an period. Most of those successful employees were white males.11 The algorithm unin- lawyers and judges may face in litigation artificial conversation entity (ACE), chat tentionally was taught to favor men over involving the use of AI by employers. robot, talk bot, chatterbot or chatterbox.7 women. The algorithm learned to prioritize As employers grapple with rising costs For example, employers have utilized words most commonly used for, or by, males and a potential labor shortage, they are chatbots to handle pre-interview screening, looking for innovative ways to incorpo- provide employees with information about rate AI into the hiring, evaluation and company policies or other training topics, retention processes. Let’s look at several assist employees in applying for benefits, Manage Exchange ways that AI is being used by employers. and obtain initial information from an and Professional Risk In the hiring process, employers are using employee about a complaint or grievance. AI to scan resumes and propose the best Employers are using AI to help them with the Midwest’s candidates for further review. According to a evaluate employees for promotion oppor- Premier Exchange 2016 article in the Harvard Business Review, tunities as well as termination selection. AI AI is being used by businesses to screen out can be used to monitor employees’ work Resource up to 70 percent of job applicants without habits, productivity, efficiency and errors any human interaction.2 Employers also on a real-time basis. For example, certain use AI to scrape online job boards or social AI systems can track employees and identify media applications to unilaterally identify those who are unproductive. The algorithm and target possible candidates for open can generate warnings and even suggest job positions within the company. AI can possible termination based on an employ- conduct online interviews and evaluate the ee’s productivity levels.8 The algorithm can applicants on a variety of factors including highlight those employees with the highest word choice and facial expression before productivity and suggest them for raises or recommending the “best candidates.” promotions, allowing employers to make AI advocates tout the benefits such as more data-driven employment decisions. reduced costs, the ability to reach more While AI advocates have identified candidates, potentially increasing diversity benefits that AI can provide employers, of the applicant pool, the removal of human there are potential negative consequences bias (both conscious and subconscious) in that raise serious legal issues with which the interview process and the ability to track courts will grapple. AI technologies may IPE 1031 large amounts of data to analyze how the create algorithmic bias or “indirect human 6150 VILLAGE VIEW DRIVE • SUITE 113 company’s interview questions and processes bias.” In many cases, the employer must train WEST DES MOINES, IA 50266 are working in finding quality candidates. the AI to look for certain attributes or skills 515.279.1111 • 888.226.0400 Employers also are implementing AI to in applicants or employees. One way to do FAX 515.279.8788 improve employee training both during this is to train the AI on the skills or WWW.IPE1031.COM the onboarding process and throughout an attributes of successful incumbents. [email protected] employee’s tenure.4 AI applications allow Consider the following example. Company for “lessons” to be created that capture A is looking for sales people so they train the the work experience and knowledge to be AI system to look for applicants who have the

OCTOBER 2020 THE IOWA LAWYER 9 Artificial Intelligence

and began penalizing the word “women” in the future.25 An important aspect of the neurological differences” such as Autism.40 in resumes and candidates who graduated statute is the transparency requirement; As you can see, AI is a complex technol- from all-female colleges.12 Amazon caught however, it is not outlined how transparent ogy that has the potential to revolutionize the issue fairly quickly, but it is a real-life the employer must be with the applicant.26 the employment arena. It also has the example of an algorithm that appears to be Do the employers only need to explain the potential to form the basis for significant neutrally coded but can still exhibit bias. AI’s use in analyzing the applicant’s expres- legal issues that will need to be resolved A final example is described in this sions, or will they need to explain how the through legislation, regulation and litiga- paragraph. Certain AI technologies claim employer uses the data to determine an tion. I hope that this article has piqued your to analyze an applicant’s facial expres- applicant’s attitude, honesty and language interest in this fascinating area of the law. sions, tone, gestures and word choice to competence?27 The transparency is only evaluate the applicant’s honesty, attitude, regarding how the AI works, so the employ- 1. Quote by Falguni Desai, currently Global Head of Strategy & Transformation, Credit Suisse. The quote appeared in The Age of positivity, overall sentiment and language ers will likely not be required to explain how Artificial Intelligence in Fin Tech, FORBES, June 30, 2016. 28 2. David J. Garraux, From the Jestsons to Reality or Almost, NAT’L L. competence. Based on these aspects of they use the data to make hiring decisions. REV., Sept. 2019. their responses, the technology produces The consent provision of the bill does 3. Bernard Marr, Artificial Intelligence in the Workplace, FORBES, May 2019. an “employability score,” which is used by ensure candidates are aware and consent 4. See id. 5. Amit Guatam, How Artificial Intelligence Can Transform Employee employers to decide who can advance in to the use of AI, but the statute does not Training in 2020 and Beyond, ELEARNING INDUSTRY (Nov. 29, 2019), the application process.13 This could cause specify what happens if an applicant refuses https://elearningindustry.com/how-artificial-intelligence-transfors- 29 employee-training a serious issue for those interviewing with to consent. At that point, can employers 6. https://www.techopedia.com 30 7. Id. disabilities and those of different races. refuse to consider the applicant? Another 8. Joseph O’Keefe et al., AI Regulations and Risks to Employers, Characteristics such as typical enunciation key question is what is the employer and BLOOMBERG LAW, https://s3.amazonaws.com/assets.production. proskauer/uploads/3562d2b44291641560ccfaec272fdc50.pdf and speaking at a specific pace are qualities AI company’s responsibility for any data 9. SCIENCEDAILY, A New Artificial Intelligence (AI) tool for 31 detecting Unfair Discrimination (July 10, 2019), https:// that might correlate with effective [employ- extracted from the video interviews. The www.sciencedaily.com/releases/2019/07/190710121649.htm ees].14 Therefore, if the facial attributes or applicant can have the video destroyed, but 10. Alexandra George, Thwarting Bias in AI systems, CMU Engineering (December 11, 2018), https://engineering.cmu. the mannerisms of those with disabilities the law does not mention the employer’s edu/news-events/news/2018/12/11-datta-proxies.html 11. Joseph O’Keefe et al., AI Regulations and Risks to Employers, are different from the norm, even if their responsibility regarding any data extracted BLOOMBERG LAW, https://s3.amazonaws.com/assets.production. credentials could be beneficial for the job, from the video. Is an employer required to proskauer/uploads/3562d2b44291641560ccfaec272fdc50.pdf 12. Id. AI is unlikely to highlight those features destroy the extracted data at an applicant’s 13. Alex Engler, For Some Employment Algorithms, Disability Discrimi- nation by Default, BROOKINGS TECHTANK (Oct. 31, 2019), https: and therefore provides that applicant request or are they free to keep it in their //www.brookings.edu/blog/techtank/2019/10/31/for-some-employ- with a low score.15 Although AI could try records?32 Does this destruction provision ment-algorithms-disability-discrimination-by-default/ 14. Id. to remove that bias by altering certain run afoul of any EEOC requirements to 15. Id. 16. Id. variables, people with disabilities are not a maintain applicant data? Finally, there is 17. In Re HireVue, EPIC Complaint to the F.T.C. (Filed Nov. 6, 2019), “homogeneous group.” And with that, every the question of whether the vendors are https://epic.org/privacy/ftc/hirevue/EPIC_FTC_HireVue_ Complaint.pdf. (citing Lauren Rhue, Racial Influence on individual may have unique characteristics liable for any issues in the software and Automated Perceptions of Emotions, U. MD. – ROBERT H. SMITH 16 SCHOOL OF BUSINESS, Nov. 9, 2018) – therefore, inequalities could still exist. whether that is the employer’s responsibility 18. Id. (Lauren Rhue research is a study done with the available data This type of software may have a discrimi- to ensure compliance or indemnification.33 set of professional basketball players’ picture when interacting with facial recognition services) natory impact against African Americans, as On a national level there have been some 19. Joseph O’Keefe, Danielle Moss, & Tony Martinez, AI Regulation and Risks to Employers, BLOOMBERG LAW, Dec. 2019, reproduced the facial recognition software can analyze proposals governing the use of artificial by Proskauer Rose, https://s3.amazonaws.com/assets.production. emotions differently based on race. In fact, intelligence in employment decisions. proskauer/uploads/3562d2b44291641560ccfaec272fdc50.pdf. 20. Artificial Intelligence Video Interview Act, 2019 Ill. Legis. Serv. P.A. according to some analyses, “black faces The White House sent out an executive 101-260 (H.B. 2557) (WEST). 21. Id. at §5(1). are read as angrier than white faces, even order in May 2018 prioritizing funding 22. Id. at §5 (2)-(3). after controlling for the degree of smile.”17 for artificial intelligence and developing 23. Id. at §10. 34 24. Id. at §15. Even when a black applicant has an am- more uses for the technology. An artificial 25. Matthew Jedreski, Jeffrey S. Bosley, & K.C. Halm, Illinois becomes first state to regulate employers’ use of artificial intelligence to biguous facial expression, some software intelligence bill, the Algorithmic Account- evaluate video interviews, Practitioner Insights Commentaries, programs read their facial expression as ability Act, was introduced to Congress 2019 PRINDBRF 0206 (2019). 35 26. Id. annoyed or disapproving, which ultimately in April of 2019. The bill proposed 27. Id. 18 28. Id. will lower their employability score. granting the Federal Trade Commission 29. Id. States are considering regulations (FTC) authority to create regulations to 30. Id. 31. Id. governing the use of artificial intelligence have AI algorithms checked for “accuracy, 32. Id. 33. Id. in employment. A few states, such as New fairness, bias, discrimination, privacy and 34. The White House Office of Communications, Artificial Intelligence Jersey and Washington, have introduced security.”36 The bill was referred to the for the American People, 2018 WL 2148534 (May 10. 2018). 35. Algorithmic Accountability Act of 2019, H.R. 2231, 116th Cong. (2019). legislation; however only Illinois has passed Committee on Energy and Commerce 36. Id. at (2). 19 37. Id. a statute. Illinois enacted the Artificial and passed to the Subcommittee on 38. Rebecca Heilweil, Artificial Intelligence Will Help Determine if you get Intelligence Video Interview Act to regu- Consumer Protection and Commerce.37 your Next Job, VOX (Dec. 12, 2019, 8:00 A.M.), https://www.vox.com/ 20 recode/2019/12/12/20993665/artificial-intelligence-ai-job-screen late AI used to evaluate video interviews. AI in the employment context has 39. In Re HireVue, EPIC Complaint to the F.T.C. (Filed Nov. 6, 2019), https: //epic.org/privacy/ftc/hirevue/EPIC_FTC_HireVue_Complaint.pdf. The Illinois statute requires employers to garnered the attention of the Equal Em- 40. Id. at 7. notify applicants in advance that AI will be ployment Opportunity Commission as 21 used in the interview. Employers must be it is looking into two cases of bias with Helen Adams has served as a transparent and explain how the AI works artificial intelligence.38 As well, the Elec- U.S. Magistrate Judge for the and must receive the interviewee’s consent tronic Privacy Information Center (EPIC), Southern District of Iowa since Feb. 13, 2014. She became Chief 22 in advance of the video interview. The a non-profit focused on civil liberties and U.S. Magistrate Judge in 2017. video and data gathered from the inter- First Amendment issues with technology, After graduating from the Uni- view is only distributed to those “whose filed a complaint with the FTC against versity of Iowa College of Law expertise or technology” is necessary to HireVue, an online video interviewing in 1988, Judge Adams began her legal career as a 23 39 law clerk to U.S. District Judge Harold D. Vietor in evaluate the candidate. Additionally, at software company. In the complaint, the Southern District of Iowa. She practiced with the applicant’s request, the video and any EPIC accused HireVue of producing biased the firm of Dickinson, Mackaman, Tyler & Hagen, copies must be destroyed within 30 days.24 results as it uses data from people who have and in the corporate legal department of Pioneer There are questions left by the statute that previously performed well. The technology Hi-Bred International (now DuPont Pioneer), before becoming a judge. lawmakers or judges may need to answer “could discriminate against candidates with

10 THE IOWA LAWYER OCTOBER 2020 Rural Health Care Troubled rural health care: Considerations for Iowa Communities By Jeanne M. Goche, MA, JD

any rural health care organizations followed other states in expanding coverage were struggling long before this year’s to more people and moving Medicaid from Paralysis becomes coronavirus pandemic. Nationally, state administration to management by abrupt closure M168 rural hospitals have closed since 2005, 126 multiple companies. Medicaid already had a Unfortunately, often the culture and of these closing since 2010.1 In 2020, eight history of relatively low reimbursement. leadership surrounding troubled rural hospitals have closed already.2 Given the situation, the Iowa Hospital health care organizations become paralyzed Iowa communities have generally seen their Association (IHA) is proposing a way to or have little influence. It is difficult to health care organizations maintained the last address Medicaid performance which move toward any restructuring process that several years, although many are in precarious remains to see legislative action.8 might save services for the community. financial condition. Of the 118 Iowa hospitals, The pandemic has given health care Failing to act in a timely way can become 44 were shown to have ended the last fiscal providers some temporary reprieve. The a downward spiral that leaves an abrupt, year with negative balances.3 According to CARES Act and the Paycheck Protection unstructured closure as the only option. the Guidehouse Rural Hospital Sustainabil- Program and Health Care Enhance- For example, the owner of a chain of ity Index, 12 to 17 percent of Iowa’s rural ment Act enacted by Congress included 21 Nebraska nursing homes suddenly hospitals are at high risk of closing without pandemic relief monies for them.9 failed to make payroll. Of course, this improvement in their financial situations.4 While this emergency relief has been one event negatively and unexpectedly The role hospitals play in Iowa is im- helpful, the CARES Act relief covered impacted 21 Nebraska communities.14 mense, providing more than 78,000 jobs and, only about half of the losses health care last year, creating nearly $8 billion in overall organizations faced in managing through Strategies for troubled economic impact.5 Losing several Iowa the first months of the pandemic.10 hospitals would have a devastating impact on Another support early in the pan- healthcare Iowa communities still consumed with a demic was expansion by the Centers for organizations pandemic, wind storms and drought. Medicare & Medicaid Services (CMS) of Many troubled health care organiza- existing rules to allow advance Medicare tions assume they must sell or otherwise claims payments to health care providers. join a larger organization to avoid clo- Support for rural Now, if there is no congressional action, sure. While these strategies have been health care these accelerated payments are begin- pursued with some success, it’s often Through the years, rural health care ning to be recouped by Medicare.11 at a price to the local community. influence has been recognized and sup- The long-term implications of the In a contract management arrange- ported in a number of ways. Arguably the pandemic on health care organizations ment, the small organization can become most significant support was provided by in Iowa will be negative. The only un- a minor distraction for the larger urban the United States Congress with the passage known is the extent of the damage, with organization that is likely facing its own of the Balanced Budget Act of 1997 (Public a mid-range estimate of $1.41 billion in stresses. Alternatively, services may be 15 Law 105-33) which included the new desig- revenue losses for Iowa hospitals.12 terminated in the small organization. nation “Critical Access Hospital” (CAH).6 In any case, rural health care will Sometimes a management arrangement By far the greatest advantage critical access remain in financial jeopardy, whatever has found community hospitals uninten- hospitals receive is cost-based reimbursement the details, and even though additional tionally trapped in major fraud cases. In for services provided to Medicare benefi- commitments and proposals at the state Missouri, a critical access hospital was op- ciaries. Basically, a critical access hospital and federal levels have been made to erated under a management contract with reports its costs for providing care to Medi- address rural health care needs.13 a company where an owner charged with care beneficiaries and Medicare pays it. billing fraud involving more than $100 million The CAH designation comes with its embroiled the hospital in the scheme.16 limitations, such as requiring a limit of 25 or fewer beds, a reimbursement process that typically is finalized six-to-nine months after conclusion of the fiscal year and some reduc- tion in the cost reimbursement over the years. Hon. Mark(Ret. U.S district W. judge) Bennett For many Iowa communities, the CAH program has saved health care services, with Mediation, Arbitration and 82 Iowa hospitals gaining designation as

critical access hospitals.7 Legal Consulting A major indicator of rural health care 45 years of combined judicial and private practice experience in more than 30 federal district courts provider performance is the management and multiple state and appellate courts. of state Medicaid programs. Medicaid covers health care services for poor and National experience disabled Iowans. – Midwestern work ethic and rates While there are many perspectives on how 515-414-1186 the $5 billion Iowa Medicaid program has [email protected] www.mbennett.us been performing, it seems health care providers are receiving lower, confusing and Virtual mediation and arbitration available Recruited member of both FedArb & Resolute Systems less timely payment from Medicaid. Iowa

OCTOBER 2020 THE IOWA LAWYER 11 Rural Health Care

In another situation involving contract man- nurse, a hospital facilities manager, a physi- services, those that file for bankruptcy often agement, the United States Department of Jus- cian – each implementing the ever-changing do not achieve this goal.18 On the other tice reported in 2018 that Health Management COVID-19 requirements this year – to get hand, filing for bankruptcy can provide Associates, LLC, would pay over $260 million to a small sense for the myriad of patient care some short-term relief from creditors and resolve fraud allegations, including false billing. requirements these organizations face. provide time to develop business plans. The company had been involved in manage- It’s easy to see how the smaller organizations Prior to filing, a number of factors should ment of rural health care organizations across can miss some financial opportunities while be considered such as current state operating the country.17 focusing on their most important priority licenses, government registrations and other Regarding the sale or merger of a rural – patient care. regulatory matters. Review of contracts with health care organization, serious consideration Further, acquiring revenue for services, payers, physicians, other clinical providers and will likely be stymied by any large debt and/or or billing, has become nearly as compli- vendors is also advisable. This information pension burden. Ironically, while a small health cated as patient care. Gone are the simple can be used for business plan development. care organization is expensive to build and days of trading health care services for a In addition, health care organizations equip, it has limited value — its greatest value is chicken. Also gone are the days when health also typically have obligations to notify local, as a going concern. care billing was a rote, mundane process. state and federal agencies regarding the Another consideration is restructuring health Today, changes in billing occur constantly, situation. Approval of plans may be required care organizations financially. This can be challenging the industry to keep pace. from government agencies. Of course, accomplished either outside or within the Some of the revenue opportunities for attention is needed on communications with the workout plan are found in areas such bankruptcy process. employees and the community at large. as medical coding and documentation, Finally, there is thought that the needs of pharmacy management, IT support for Non-bankruptcy workout billing, insurer/payer contracts, data analyt- health care organizations are not adequately The workout is used outside bankruptcy ics for billing, new service implementation, addressed in bankruptcy law. The “misfit” and is a negotiated modification of debt. It patient service growth, pre-authorization issues have raised a call to create separate typically takes the form of an out-of-court for expensive services and collections. bankruptcy code subchapters for health care agreement between a debtor and its Many times, there are also opportunities business bankruptcies that would provide creditors on repayment of debts. While a to reduce costs. The following areas can be clarity on current issues, as well as allow the workout avoids legal procedural complica- examined and adjusted fairly quickly as part development of procedures and organizing 19 tions, it also lacks protections found in of a workout plan: vendor contracts, lease principles for health care organizations. bankruptcy processes. agreements, accounts payable processes The primary goals of a workout are to and payroll processes, to name a few. stabilize financial performance and, as Workout, bankruptcy, Other financial opportunities can also abrupt closure? Timing needed, negotiate improved debt terms be assessed as part of the workout plan that take with major creditors. Lawyers experienced more time to implement. These opportunities is everything in bankruptcy and debtor-creditor law can might include items such as staff restructuring, No rural community wishes to lose the advise the rural health care organizations elimination of services, refiling Medicare economic energy its health care organizations and involved government entities on whether cost reports and employee benefit changes. provide. Losing a hospital or nursing home is a non-bankruptcy workout is appropriate. similar to losing a school. Nor do rural leaders Assuming concerned creditors and/or want the damaging public relations that local government overseers are involved, a Bankruptcy accompany a bankruptcy. Bankruptcy, for health care organizations detailed operational and financial plan will be The counties and cities overseeing rural needed to assure the situation will improve. particularly, is complicated. First, important people without representation are involved, i.e., health care organizations need these provid- While conventional wisdom suggests smaller ers to continue as going concerns. Closing rural health care organizations cannot survive patients. Especially in rural situations, the organization’s patients are likely to include potentially leaves local taxpayers, vendors financially, federal government attention and lenders carrying any remaining debt. on rural health care does allow opportunity vulnerable populations with few options for other care, and/or limited ability to acquire Meanwhile, rural lenders may be strapped for many of these providers to fare reason- with health care organizations failing to ably well. At the same time, improving the care elsewhere. Thus, various state and federal entities may meet debt requirements. While lenders financial situation will likely require major are often unwilling to push hospitals into change, and advancing potential opportu- become involved. In addition, the bankruptcy court typically considers the need to appoint bankruptcy or closure, the drastically strained nities may be difficult and complicated. agricultural sector in Iowa may lead to Health care organizations, even the small a patient care ombudsman for the protection of patients. different decisions about the health sector. ones, are complex enterprises with innumera- If the financial situation is simply ignored, ble regulatory, accreditation and legal require- While the health care organizations – cheered on and pressed by their commu- it can become too late to save anything. While ments for every department and function. going through bankruptcy is an understand- Simply think of a laboratory technologist, a nities – set sights on continuing to provide able fear, failure to act resulting in abrupt closure is much worse for the community. In the latter scenario, barriers to entry and regional competition will assure the community will Andrew B. Howie never have much for health care services again. APPELLATE LAWYER While it is difficult to know if these bankruptcy and non-bankruptcy options will be ►Fellow, American Academy of used more frequently in health care in the near Appellate Lawyers future, at least 29 hospitals have filed for bank- ►Fellow, American Academy of ruptcy in 2020.20 Further, organizations have Matrimonial Lawyers been saved with only a few days of cash on hand and inadequate cash to make the next payroll. SHINDLER, ANDERSON, But with the business planning provided GOPLERUD & WEESE, P.C. by the workout and bankruptcy options 515-223-4567 described in this article, health care or- [email protected] ganizations have come from the edge www.sagwlaw.com of closure to seize unrealized potential, Accepting Referrals becoming sustainable for the long-term and patient care leaders in their regions.

12 THE IOWA LAWYER OCTOBER 2020 KUDOS

1 “168 Rural Hospital Closures: January 2005 – Present (126 since BRIAN GRIMES NAMED PRESIDENT OF IOWA COLLECTORS ASSOCIATION 2010),” University of North Carolina Cecil G. Sheps Center for Health Services Research, https://www.shepscenter.unc.edu/programs- Brian Grimes, president of Credit Bureau Services of Iowa, Inc. (CBSI), projects/rural-health/rural-hospital-clusures/. was recently named president of the Iowa Association of Credit & 2 David Mosley, Daniel DeBehnke, M.D., Sarah Gaskell, and Alven Weil, “2020 Rural Hospital Sustainability Index,” Guidehouse, April 2020, Collection Professionals (IACCP). The IACCP is the Iowa chapter of the https://www.guidehouse.com. international trade association ACA International. Prior to this position, 3 Lyle Muller, “Industry leaders expect COVID-19 to take some Iowa hospitals down,” Des Moines Register, June 3, 2020, https://www. Grimes represented Iowa as Counsel Delegate for three years. desmoinesregister.com/story/news/2020/06/03/industry-leaders-expect-covid-19-take-some-Iowa-hospitals-down/3139862001/. 4 David Mosley, Daniel DeBehnke, M.D., Sarah Gaskell, and Alven Weil, “2020 Rural Hospital Sustainability Index,” Guidehouse, April 2020, VESTAL NAMED DWIGHT D. OPPERMAN DISTINGUISHED PROFESSOR OF LAW https://www.guidehouse.com. 5 “IHA Hospital Economic Impact Report,” Iowa Hospital Association, Allan Vestal has been selected by Drake University Law School as a Dwight 2020, www.ihaonline.org/Information/Economic-Impact-Report. D. Opperman Distinguished Professor of Law. The Opperman Distinguished 6 “Critical Access Hospitals (CAHs),” Rural Health Information Hub, 2020, https://www.ruralhealthinfo.org/topics/critical-access-hospitals. Professorship recognizes faculty who have demonstrated the highest level 7 “Iowa Rural Healthcare Facilities as of January 2020,” https://data. of teaching, scholarship and service to the law school, the university and the hrsa.gov/tools/data-explorer. profession. Vestal joined Drake Law School in 2009 as dean and professor of 8 “IHA’s Third Way: A Path Forward for Managing Medicaid in Iowa,” Iowa Hospital Association, 2020, https://www.ihaonline.org/ law. He served as dean until 2014 when he returned to full-time teaching on ThirdWay. the law school faculty. 9 Lyle Muller, ”Health and human provider relief fund allocations to Iowa hospitals, as of May 13, 2020,” IowaWatch database compilation of U.S. HHS data, May 19, 2020, https://www.iowawatch.org/2020/05/ 19/health-and-human-provider-relief-fund-allocations-to-Iowa- hospitals-as-ofmay-13-2020. 10 Lyle Muller, ”More than $500M in federal aid heading to Iowa hospitals would cover only half their COVID-19 losses,” IowaWatch, May 19, 2020, https://ww.iowawatch.org/2020/05/19/more-than- 500000-in-federal-aid-for-Iowa-hospitals-would-cover-only -half-their- coved-19-losses/. 11 Paul Gerrard, M.D., Sheila Madhani, “Congress Considers Timeline as Accelerated and Advance Payment Recoupment Looms,” The National Law Review, September 18, 2020, Volume X, Number 262, https://www.natlawreview.com/article/congress-considers-timeline-accelerated-and-advance-payment-recoupment-looms. 12 Lyle Muller, “Industry leaders expect COVID-19 to take some Iowa hospitals down,” Des Moines Register, June 3, 2020, https://www. desmoinesregister.com/story/news/2020/06/03/industry-leaders-expect-covid-19-take-some-Iowa-hospitals-down/3139862001/ 13 ”Trump Administration Announces New Actions to Improve Access to Healthcare across America,” U.S. Department of Health & Human Services, August 3, 2020, https://www.hhs.gov/about/news/2020/ 08/03/trump-administion-announces-new-actions-to-improve- access-to-healthcare-across-america.html. “HHS Releases Rural Action Plan,” U.S. Department of Health & Don’t trust your Professional Liability Human Services, September 3, 2020, https://www/hhs.gov/about/ news/2020/09/03/hhs-releases-rural-action-plan.html; coverage with anyone but the best. “Trump Administration Announces Initiative to Transform Rural Health,” Centers for Medicare & Medicaid Services (CMS), August 11, 2020, https://www.cms.gov/newsroom/press-releases/trump-admin- Professional Liability Insurance from the ISBA Insurance istration-announces-initiative-transform-rural-health. “Rural Reform Proposal,” Iowa Hospital Association, 2020, https:// Program is underwritten by CNA, the leading Professional www.ihaonline.org/ruralreform). Liability provider for attorneys. 14 Martha Stoddard, “Chain of 21 Nebraska nursing homes placed in receivership after missing payroll,” Live Well Nebraska, March 26, 2018, https://omaha.com/livewellnebraska/chain-of-21-nebraska- homes-placed-in-receivershp-after-missing-payroll/aricle_013a2693- 60af-5359-b258-c99a6325e30c.html. The program, administered by Lockton Affinity, 15 Tony Leys, “Marshalltown hospital to close its birthing center…,” includes these coverage benefits: The Des Moines Register, August 15, 2019, https://www.desmoinesregister.com/story/news/health/2019/08/05/marshalltowns-hospital-close-birthing-center-33rd-since-2000/1924525001/. 16 Steve Vockrodt, “Massive fraud case involving Missouri hospital • Broad coverage brings criminal charge to ex-CEO,” Kansas City Star, September 30, 2019, https://www.kansascity.com/news/local/crime/arti- cle235633372.html • Valuable risk management resources 17 “Hospital Chain Will Pay Over $260 Million to Resolve False Billing and Kickback Allegations; One Subsidiary Agrees to Plead Guilty,” • Cyber Liability coverage options The United States Department of Justice, Office of Public Affairs, September 25, 2018, https://www.justice.gov/opa/pr/hospital-chain- • 7.5% risk management credit through CLE webinars will-pay-over-260-million-resolve-false-billing-and-kickback- allegations-one. • A dedicated risk control hotline 18 Of 42 hospitals filing for bankruptcy between 2000-06, more than 60% ceased operating entirely. “Factors Associated with Hospital Bankruptcies: A Political and Economic Framework,” Journal of Healthcare Management, Vol. 54, Issue 4, July 2009. 19 Laura Coordes, “Reorganizing Health Care Bankruptcy,” Boston College Law Review, Forthcoming, March 3, 2019, available at SSRN: https://ssrn.com/abstract=3346145. Get started today at 20 Ayla Ellison, “29 hospital bankruptcies in 2020,” Becker’s Hospital Review, June 3, 2020, https://www.beckershospitalreview.com/ finance/29-hospital-bankruptcies-in-2020.html#:~:text=They're%20 IowaBarInsurance.com or (800) 679-7154. estimated%20to%20lose,nonelective%20surgeries%20and%20 outpatient%20treatment

Jeanne M. Goche, MA, JD is a long-time health care executive and member of The Iowa State Bar Association, as well as Pres- The Iowa State Bar Association Insurance Program is administered by Lockton Affinity, LLC d/b/a ident/CEO of Solutions in Health Lockton Affinity Insurance Brokers, LLC in California License #0795478. Policy benefits are the sole Care Management. She can be obligation of the issuing insurance company. The Iowa State Bar Association receives a royalty fee for reached by phone: 319-330-0008; the licensing of its name and trademarks as part of the insurance program offered to Iowa State Bar email: jgoche@SolutionsinHealth Association members. CareManagement.com; or online at www.SolutionsinHealthCare “CNA” is a registered trademark of CNA Financial Corporation. Certain CNA Financial Corporation Management.com. subsidiaries use the “CNA” trademark in connection with insurance underwriting and claims activities. Copyright © 2019 CNA. All rights reserved.

OCTOBER 2020 THE IOWA LAWYER 13 Secretary of State Paul D. Pate and Iowa State Representative Dean Fischer during a press conference regarding Safe at Home in 2015. Safe at Home program gives anonymity to victims of assault and violence By Iowa Secretary of State Paul Pate

urvivors of assault and violence often Safe at Home is an address confi- live in constant fear. Their days are dentiality program which provides S filled with anxiety, knowing their of- survivors of domestic violence, sexual fender could locate them. Many of us know assault, trafficking and stalking with someone who is a victim or survivor of do- a substitute address, mail-forward- mestic violence. In recognition of Domestic ing, confidential voter registration Violence Awareness Month this October, we and absentee voting. The program, would like to share a vital resource avail- administered by the Iowa Secretary able in Iowa called Safe at Home (SAH). of State’s office, currently has more The public records law, Iowa Code than 600 participants in 62 counties. Chapter 22, creates a safety concern for Records maintained by SAH are survivors of violent crimes. It creates confidential and are an exception to easily accessible public records which can Iowa Code Chapter 22. Addresses are be used by their offenders to find their only shared with emergency personnel Secretary of State Paul D. Pate and Iowa State Representative Dean physical locations. Registering a vehicle, in situations where the participant’s Fischer during a press conference regarding Safe at Home in 2015. court hearings, registering to vote and physical location is required. Orga- other activities create a public record nizations and agencies may confirmSecretary of State Paul D. Pate and Iowa State Representative Substitute address which may include a physical address. whether an individual is a participantDean Fischer during a press conference regarding Safe at Home In 2015, Iowa House Representative in the program, but no other infor- Each participant is assigned a substi- Dean Fisher sponsored the SAH legislation mation will be given. Iowa Codein 2015. 9E.5 tute address. It includes a street address, after being contacted by a constituent. does not apply to documents or records a PO Box and a unique apartment This constituent preferred to live in Iowa related to real estate property. number. Apart from the unique apart- near family and friends, but felt she had ment number, the address is the same no choice but to move to another state that Program eligibility for all SAH participants. It is important had an address confidentiality program. Iowa Code 9E lists the following require- for all parts of the address to be includ- She had been forced to use her physical ments for eligibility in Safe at Home: ed when sending a participant mail. address during court proceedings against • Resident of the state of Iowa her abuser. Once he knew her physical loca- • An adult, a minor, or an incapaci- Mail forwarding tion, she no longer felt safe. She fled to Cal- tated person as defined in section The confidential address will direct all ifornia in order to join an address confiden- 633.701 participant mail to the Safe at Home office. tially program to ensure her abuser would • A victim of domestic abuse, domes- Program staff will repackage and forward not be able to obtain her address again. tic abuse assault, sexual abuse, the mail to the participant. First-class mail, In May of 2015, Chapter 9E, Address stalking or human trafficking as prescriptions and government packages Confidentiality Program, passed unan- evidenced by the filing of a petition are forwarded. Other packages, magazines imously in both the House and Senate pursuant to section 236.3 or a and standard mail are not forwarded to the and was signed into law by Gov. Terry criminal complaint or information participant and are returned to the sender. Branstad. The program was official- pursuant to section 708.2A, 708.11 Mail cannot be picked up from ly launched on Jan. 1, 2016. Today or 710A.2 or any violation contained the Secretary of State’s Office, and Iowa is one of over 40 states with an in chapter 709 participants should expect a mail address confidentiality program. delay of up to five to seven days. According to administrative rules, participants may be cancelled from the program due to failure to notify SAH staff of a change of address. When mail is returned to staff, an effort will be made to contact the participant, but if a change of address is not made within seven days participation from the program may be terminated. The Office of the Secretary of State serves as the agent of the program participant for purposes of service of process as designated by §9E.5(4). Safe at Home staff will forward service of process via certified mail to the program participant, who will either accept or reject the service of process. The date of service of process is the date of the participant’s acceptance or rejection. Upon acceptance or rejection, SAH staff will notify

14 THE IOWA LAWYER OCTOBER 2020 the person initiating service. Rejection show that prior to enrollment in SAH, of service by a participant may lead 54 percent of respondents never felt to the termination of their program safe and 41 percent felt safe only some- participation as indicated in §9E.4. times. After enrollment, 67 percent of respondents feel safe most of the time Confidential voter and absentee voting and 27 percent always feel safe. Safe at Information for Iowa’s registered Home is a crucial piece to a survivor’s voters is maintained in a statewide safety plan. However, when working voter registration database. This infor- with survivors it’s important to under- mation is public record and includes stand it is only one piece of that plan. a physical and mailing address. In addition to being public record, the Additional resources database is accessible by hundreds of Applicants are also encouraged to election workers across Iowa. Therefore, contact one of the following agencies it is imperative that the information is to discuss their safety plan and to learn maintained outside of the database. more about available resources: Iowa Co- Safe at Home participants do not alition Against Domestic Violence: www. register to vote through their county icadv.org or 515-244-8028, Iowa Coalition auditor but register instead through the Against Sexual Assault: www.iowacasa. SAH program. This ensures that the org or 515-244-7424, and the Iowa Attor- participant is registered in the correct ney General’s Crime Victim Assistance precinct without giving personal infor- Division: www.iowaattorneygeneral.gov/ mation to the auditor or inputting it into for-crime-victims or 515-281-5044. the statewide voter registration database. If you or someone you know would An address confidentiality program like more information or to fill out an is not a witness protection program. application, visit the SAH website at www. It provides services to ensure that the participant’s address does not become safeathome.iowa.gov or call 515-725-SAFE public record; however SAH does not (7233). If you would like materials or a relocate participants. It is the responsi- program training for your organization, bility of the participant to use the sub- please contact us. Brochures, remov- stitute address and not his or her actual able stickers, palm cards, magnets and address. Iowa law also does not allow for booklets are available free of charge. redaction of already established records. For quarterly e-mail updates, sign up for our newsletter at safeathome.iowa.gov. Participation is not confidential Thank you for all you do to help victims A participant’s address and private become survivors in the state of Iowa. information is confidential. However par- Every Iowan deserves to be Safe at Home, ticipation in the program is not confiden- and together we can make this a reality. tial. This allows businesses, organizations and agencies to verify participation when an individual uses the substitute address. Paul Pate is a nationally-recognized When residency within a district is entrepreneur, currently serving in his required, a request for verification can third term as Iowa Secretary of State. Pate’s office oversees elections and be submitted to SAH staff. Staff will verify business filings for the State of Iowa. whether the participant resides within He is the immediate Past-President that district and his or her participation of the National Association of in the program. Secretaries of State. Federal agencies and legislation Federal agencies are not required to accept the SAH substitute address — only state agencies, businesses and organizations. In October of 2019, U.S. Representative Betty McCollum (Min- Mediations and Arbitrations nesota) reintroduced before Congress the Safe at Home Act (H.R. 4705). If passed by the U.S. House and Senate, this Patrick V. Waldron Gregory A. Witke would extend state-level address confi- Workers’ Compensation and Civil Litigation Civil Litigation including Personal Injury, Construction and Professional Negligence dentiality protections for participants to Member of American Academy of ADR Attorneys, federal executive agencies and courts. AV Rated with 25 years of civil litigation and Member of International Academy of Dispute Resolution, workers’ compensation experience AV rated with over 30 years of litigation experience Powerful impact [email protected] [email protected] The powerful impact of SAH was illustrated by the results of a recent 505 Fifth Avenue, Suite 729 survey of current participants. Results www.pattersonfirm.com 515-283-2147 Des Moines, IA 50309

OCTOBER 2020 THE IOWA LAWYER 15 Magistrate Retirement Iowa’s longest-serving magistrate to retire Courtesy of the Fort Dodge Messenger

One wintry Fort Dodge morning, Bill get letters and thank you notes every Katrina O’Brien is the court atten- Thatcher was shoveling snow out front now and then but very infrequently.” dant for the three magistrates. of his law office on North Ninth Street William J. Thatcher has served as a Thatcher plans to continue to practice when a car skidded to a stop on the other Webster County magistrate judge since his law, with no immediate plans to retire. side of the street. A large man climbed initial appointment July 1, 1973 – except “When I go over there and walk into the out and walked directly toward him. for a four-year break when he was Webster courtroom, my friends say I become a differ- “My initial thought was that this was not County attorney. He concluded his career ent person,” Thatcher said. “With that black going to have a happy ending,” he recalled. of judicial public service on Sept. 5 when robe on, you have to judge someone: Is that “My yellow snow shovel was not going to he reached the mandatory retirement person telling the truth or lying, what’s the be much protection. He walked right age of 72, leaving as the longest-serving motive, what really happened here? When towards me, pointed his hand at me and of the 140 magistrate judges in Iowa. Tom Bice retired (as a district court judge), said, ‘Are you Judge Thatcher?’ I wanted The third-generation Fort Dodge native he said the most difficult part of the job is to say, ‘No, are you kidding? He’s inside is one of three part-time Webster County sentencing a criminal case. You only have having a cup of coffee.’ But I said yes. magistrates – Steve Kersten, who was one chance to sentence someone. You have “He took off his glove and held out a huge appointed in 1992, and Bill Habhab, who to be able to look at that person, you have to hand and came up to me and said I want was appointed in 2012, are the others. determine if this person may need a slight to thank you. I gratefully took off my glove They work one week on, two weeks off – talking to or a harsh admonition. Sentenc- and shook his hand and asked him why. He serving 24/7 for a full week as a magistrate ing is the most important thing we do.” said that a year ago I had put him in jail for before returning to their law practices. Nearly half a century after it happened, 30 days. He said the first 10 days in jail he Magistrates handle initial appearances Thatcher said that in his first year as a was so mad at me he just wanted to get out for every criminal case. As the first rung of magistrate, he sentenced a man “and I think and beat me up. The second 10 days, he the law ladder, they hold trials for all simple I got it all wrong. I know his name, someday said he felt sorry for himself. And the third misdemeanors, handling such offenses as I want to find him and apologize…I 10 days, he decided that he never would do speeding, public intoxication, domestic found him guilty and found out later anything which would put him back in jail. assault, theft, as well as trials on small claims that I shouldn’t have believed a witness.” He was released from jail and reconciled (cases up to $6,500), uninsured car acci- Thatcher and his sisters – Barbara Thatcher with his wife, got his job back and stopped dents, unpaid cash rent and construction Lyall of Woman Lake in northern Minnesota using alcohol and drugs. He put his life claims. They also handle commitment hear- and Jody Thatcher Cook of Indian Wells, back together again. And he said he wanted ings for substance abuse and mental health – California – are the children of Bernice and to thank me for getting him started on cases Thatcher calls the most difficult. They Bill Thatcher. Their father was a surgeon that path.” issue search warrants and arrest warrants for who started his medical practice in 1939 They talked for a short time before the the police, sheriff’s office and state patrol. and was joined a year later by his brother man returned to his car and drove away, When he is not wearing magistrate’s Donald, an internist, along with their sister but Thatcher said he was so startled that robes, Thatcher partners with Sarah Mildred Thatcher Warren, a registered nurse he cannot remember the man’s name. Livingston, a fellow University of Iowa Law and office assistant. Their father, Orville “That incident and success story kept graduate, in the Thatcher and Livingston Thatcher, was a banker with the Webster me going for a long, long time,” he said. LLC law firm. His wife, Carol Thatcher, and County National Bank from 1914-1922. “People usually don’t thank you for Sheryl Reed are legal assistants, and Cathy Both brothers joined the Army during helping them in the legal system. I do Mickelson is a part-time legal assistant. World War II, but only one came back. Bill was a surgeon in field hospitals behind the lines in North Africa, Sicily and Anzio. But Don, a flight surgeon stationed in England, was killed when he volunteered to go with a B-24 crew that was shot down on a bombing Des Moines – Adel – Quad Cities run over France in late June 1944; it was the Mediation and A rbitration Services flight crew’s last mission before they were to Attorneys specializing in workers’ compensation, civil litigation, and family law cases return home. Bill returned to his medical practice in Fort Dodge and was joined by Drs. Paul Stitt and Hoyt Allen in the Thatch- er, Stitt and Allen practice. Dr. Thatcher died in 1980 and his wife died in 2008. Magistrate Bill Thatcher is married to

E.J. Valerie A. Matthew A. Jane V. M. Anne Jeff H. Karla J. Paul L. Carol Anderson, who he met in their senior Kelly Landis Grotnes Lorentzen McAtee Jeffries Fultz Macek year at Fort Dodge Senior High. They were Workers’ Workers’ Workers’ Workers’ Workers’ Civil Litigation Family Law Civil Litigation & Compensation Compensation Compensation Compensation Compensation Family Law married in 1968 while attending Iowa State University – Carol earning a degree in home Our offices are available with Wi-Fi, convenient free parking, and accommodations for large mediations economics education and Bill a degree in Phone: (51 5 )-244-0111 industrial administration (later, the Ivy www.hhlawpc.com College of Business). Carol taught for three

16 THE IOWA LAWYER OCTOBER 2020 years “and put me through law school” at the in the summer of 1972 for County Attorney backlog of trials and were just starting to hold University of Iowa, Thatcher said. Bill and Louie Beisser, who would later become a those trials – and for the next foreseeable Carol have two children – Amy, a sales rep district court judge. Back then, Iowa had months, tried to whittle down the number of for a specialty pharmacy who lives in Denver, municipal court judges, police court judges cases. Everyone had to wear a mask. There and Scott, a corporate pilot who lives with his and justices of the peace. But the state were certain areas where you could sit, we kept wife Duree, and their children Lily, 16, and legislature created the Legislature Court people apart, limited the number who could Charlie, 14, in Eau Claire, Wisconsin. Duree’s Unification Law that became effective be in the courtroom. We tried to get every case brother, Darren Driscoll, is the Webster July 1, 1973 – the same date that Thatcher done in 20 minutes. It forced us to be more County attorney. Scott is the third genera- became a Webster County magistrate judge. efficient with our time. I missed not being able tion of his family to be a pilot, following in “I am the only remaining magistrate who to look at every defendant in the courtroom. I the footsteps of his father and grandfather. started out with the new law,” Thatcher said. read the reports, but I’m an old-fashioned guy. Thatcher’s pathway to law started with “I had always wanted to come back to I like to be able to look at someone, look in a summer job in Minnesota when he was Fort Dodge and open my own law practice their eyes, read their body language, respond 17 years old. and this allowed me to do that because it to my questions. I think we all erred on the Thatcher worked for three summers (magistrate judge) was a part-time position. side of caution…we may have been more for a boat dealership at Woman Lake in It was a great way to start my practice – lenient in letting people out of jail than before Longville, Minnesota – where his parents criminal law and civil law – everything fit because we were more aware we didn’t want had a cabin (and where Thatcher and his perfectly. A good friend of mine was head people sitting in jail spreading this disease.” wife still have a residence.) He was the only of drug cases and wanted me to come to Thatcher said applications have been person in the shop over the noon hour one Chicago as an assistant U.S. attorney. That taken for his position but the nominating day when “a tall distinguished guy walked was exciting for someone 24 years old – this commission has decided not to fill it im- in and said he wanted to buy a fishing boat.” would be near, but I’m a small-town boy mediately and will reconsider doing so in The man, Bill Schrampfer, was the first head and I was just not comfortable moving to early December. of the Department of Industrial Adminis- Chicago. Carol and I had a baby daughter, “The court system has changed dramati- tration at Iowa State and learned Thatcher Fort Dodge seemed like a better answer. cally in the last 47 years,” Thatcher said. “It planned to attend school there for a degree I think I made the right decision.” is more formal now and more responsive to in agricultural business. Schrampfer, an The COVID-19 pandemic has turned the individual rights. The Iowa Judicial Branch Iowa Law graduate, would be his adviser. world upside down – with the court systems is more independent from the legislative “It was the best thing that ever happened being no exception. They reopened in and executive branches than in the past. to me,” Thatcher said. “He decided I should mid-July with cautionary procedures in place. All in all, we have a better court system go to law school. He gradually moved me to “As a magistrate, we had done everything than in the past. Iowans can be very proud being interested in law – I would have never by telephone – all the initial appearances. of the integrity and independence of their gone to law school if dad hadn’t got me that I talked to each defendant, while they were courts. That may sound like a political summer job and I hadn’t sold that boat.” sitting in jail, told them their rights, assigned ad but it is my personal observation.” Thatcher worked as a law student intern an attorney for them. We had built up a huge

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OCTOBER 2020 THE IOWA LAWYER 17 Rob Sand How to persevere in politics? State Auditor Rob Sand says it’s all about servant leadership

By Melissa Higgins, ISBA Communications Director

Sand is pictured at his computer in his office in the Iowa State Capitol building, where he leads a team of approximately 100 people as State Auditor.

hen 100-mile-per-hour winds tore community and belonging in Cedar Rapids.” provides audits of the financial operations through large swaths of neighbor- Sand also spent time in the communities of state and local governments to ensure Whoods and fields across Iowa this of Huxley and Marshalltown in the weeks the government is open and accountable summer, they left an unimaginable path after the derecho, even bringing one of his to citizens. The auditor is required to audit of destruction. Many towns, like Cedar young sons along – hoping to inspire in the records and accounts of every depart- Rapids, are still a long way from recovery him the same desire to “be a helper.” ment of state government each year. after the Aug. 10 derecho. “Part of what compels me is my faith, “I care a lot about good governance, and Within days of the storm, Iowa State which teaches me to serve others,” Sand this is the office of accountability for the Auditor Rob Sand loaded up his truck with said. “It is also the way I was raised.” state of Iowa. So, I get excited about the supplies – chainsaws, gasoline, power tools, Sand grew up in Decorah and describes opportunity to help make government generators – and a mattress, so he could his childhood as “bucolic.” His father is work well,” Sand said. sleep in his vehicle between clean-up from the Northeast Iowa town, so the Sands He was elected as a Democrat in 2018 shifts. He put out a call to his 20,000 have deep roots there. Sand discovered his and campaigned on a promise to change followers on Twitter asking which areas passion for public service in high school the focus of the office. needed the most help. And he drove in. when he worked for two years to build a “I read Chapter 11 of the Iowa Code “Cedar Rapids is my mom’s hometown, public skatepark in Decorah. three times before I wanted to run as so I spent a lot of time there growing up,” “The sense of community in Decorah is state auditor. The office as it is described Sand said of what motivated him to head wonderful. It felt like people were in the and how it was run were entirely differ- toward the damage. It is also an area where world together. You can see the connec- ent things. So, we have been working he has done disaster recovery work before. tions between your actions and how they on turning the office back to what it “After the 2008 floods, I organized affect other people. I don’t know if I would was intended for: The watchdog of an effort that had law students volunteer have understood that if I grew up outside Iowa. We’re focused on accountability over 1,000 hours for clean-up in Cedar of Iowa,” he said. and integrity, rather than only making Rapids,” he said. It was a project he spear- When he’s not chain-sawing trees and sure accounts reconcile,” he said. headed while president of the student collecting debris, Sand oversees approxi- Sand started by hiring more investiga- bar association at the University of Iowa mately 100 people as the head of the tors with legal backgrounds. He wanted College of Law. “I personally feel a sense of Auditor of State’s Office. This office to approach the job the same way he

Sand is pictured atop a house in Cedar Rapids with his chainsaw, as he helped Sand snapped this photo of the damage he saw in Cedar Rapids by the derecho Sand brought his first-grade son, Tait, with him to help clean up storm damage. to cut limbs and clear debris after the storm. on Aug. 10.

18 THE IOWA LAWYER OCTOBER 2020 approached his previous work with the that parent is gone from their lives. I had Iowa Attorney General’s Office – with this image in my head of being a crusader SAND ON SOCIAL MEDIA an eye toward building each investiga- righting wrongs. But at the end of the tion so that it would hold up in a court day, those people are still people with State Auditor Rob Sand is a prolific Tweeter. He has of law. He also spends a lot of his time families. Even if it’s justice, it’s not always a more than 20,000 followers on Twitter at the handle traveling the state to hear from the public positive thing to see that justice served.” about what his office could do better. Sand also dealt with cases involving @RobSandIA, an impressive number for a state “I plan to visit every county in Iowa, the state’s most violent sexual preda- official from Iowa. He uses the platform mostly to every year,” he said. “If I do 10 county tors and says those were the cases he share insights into his personal life, which often stops, I have at least one or two people has never talked about with anyone. include his love of breakfast pizza. approach me on some issue. Sometimes “There are cases I worked on that I never they give me a ream of paper and say, ‘you want to burden anyone else with. There need to read this,’ and walk away. People are some people who are temperamentally “My strategy (on social media) is to be a human want accountability. They want to report equipped to do that kind of work, but I being. Most people have such sadly low expectations things.” Sand says most of his office’s am someone who sees possibilities and for people in office, so when they see you’re a special investigations start with a tip opportunities, and when it’s that heavy human being, they react with joy,” he said. “I think from the public. and dark you feel like you begin to lose His office has taken on a new role some of that part of yourself,” he said. I’m a pretty ordinary guy, but what motivates me during the COVID-19 pandemic. Sand Sand says he always tries to see the in this role is a disappointment in what we see in joined a bipartisan group of state audi- good in people. It’s why he is not dis- government and what government can be. So, I want illusioned by politics – vowing to keep tors from around the countryRR_2017.pdf who are1 1/6/17 7:26 PM keeping a close eye on how public health partisanship at bay by always treating to show people what government can be.” officials are collecting and reporting other elected leaders as thoughtful pandemic-related data in their states. Sand people who want to do the right thing. released a report in July related to how He hopes that his style of governance – nurse or teacher – it’s important. It takes the Test Iowa program results were being “servant leadership” as he calls it – might some of the partisanship out of your view. reported. His office, which initiated a compel other Iowans, especially lawyers, And when your profession is working with mandatory work-at-home order in March to consider running for office or getting the law, you take that professionalism to involved in politics in other ways. that continues today with few exceptions, writing the law as well. That’s why lawyers “When you’re young and you say what is also auditing how federal and state can make good leaders in our government.” COVID-19 relief dollars are spent. Sand didn’t always want to be a lawyer. “As most state and federal spending in “We often don’t want government visible, until His original career goal, spurred by a Iowa is in our jurisdiction, our workload love of social studies from a young age, suddenly we do. For those times when we do, was to be a teacher of history or political has increased with each dollar allocated science at a high school level. Now, as a to pandemic relief,” he explained. “But I think we are seeing that it is important to always lawyer-turned-politician, he’s not sure we are working diligently to balance have leaders in charge who believe there is a role what his next career goal might be. His that with our pre-existing obligations. name often comes up on Democratic lists We have so many great public servants for government to work towards the greatest of potential candidates for higher office, on staff and I feel confident that the good for the greatest number.” but Sand says the balance between work teams we have built will do a good job.” and family life will always be the biggest Sand began his legal career at the consideration for him. Sand is married Iowa Attorney General’s Office in 2010 you want to be when you grow up, people with two young sons: Tait and Axel. focusing on white-collar crime. He say ‘that’s great, kid, you can do it!’ But at “I want to be somewhere I can have a big gained statewide notoriety prosecuting some point, when you tell people you want impact. But I also want to be a good dad. the Iowa Film Office tax credit scandal, to be in politics, they look at you sideways Any decisions about future political office and national notoriety with the Hot or think you have nefarious intent,” he involve where I can make a difference Lotto fraud case. He led a nationwide said. “It shows how little people think of and what is the opportunity that makes lottery-fixing investigation that uncovered our system. But it should also tell us how the most sense for my family,” he said. seven fixed lottery tickets across five states little we think of ourselves. Because it’s Regardless of where he ends up with total values of nearly $25 million. ours. It’s our system.” next, Sand’s view of servant leadership “With the lottery case, that was some- Well-intentioned professional people remains steadfast: “You need to come thing I was handed when we had no idea can be the antidote for that, he says: into politics thinking you’re there to it would be anything. We had no idea it “When you come into political service as a serve Iowans and do the right thing. was part of a lottery-rigging scheme. It professional – as a lawyer, for example, or Then it’s a noble job. You can do good.” was just one of those things where the more we kept learning, the deeper it got,” he said. That case earned him a profile in the New York Times magazine, among other national media coverage of his work. Sand started working at the AG’s Office right out of law school. He was the youngest prosecutor in a small division which handled the office’s toughest cases. It weighed on him. “There is a negativity and sadness to criminal law in general,” he said. “Even if it was a financial case, there is still the very sad day of sentencing when someone goes to prison, and that person may have kids, and now

OCTOBER 2020 THE IOWA LAWYER 19

2017 R&R proof.indd 1 1/6/17 7:32 PM 2020 PRO BONO HONOR ROLL In celebration of October as National Pro Bono Month

Iowa attorneys donate thousands of hours of pro bono legal services annually and make financial contributions to legal service organizations that assist low-income Iowans. The ISBA commends all member attorneys who perform pro bono work for clients who would otherwise be unable to afford the assistance of an attorney. This month, the ISBA recognizes the following Iowa attorneys: (Names are sorted by county and were provided by Iowa Legal Aid unless otherwise indicated. Bolded names indicate 50+ hours of pro bono work.)

ADAIR COUNTY: David L. Jungmann, James J. Roth, Robert E. Sabers, Stephen W. William P. Prowell, Ellen Ramsey-Kacena, Melissa S. Larson, Willard W. Olesen Scott, Myia Steines, Brenton M. Tunis, Joshua Rachel Riley McCrate, Cara L. Roberts, Jonathan ALLAMAKEE COUNTY: Charles R. Kelly Jr. P. Weidemann Schmidt, Kristymarie Shipley, James Sines, EMMET COUNTY: Joseph L. Fitzgibbons Caitlin Slessor, R. L. Sole, Gary Streit, Robert L. BLACK HAWK COUNTY: Andrew Abbott, Teig, Sarah C. Thielen, Crystal Usher, J. Michael Kevin D. Ahrenholz, Larry L. Anfinson, Judith FAYETTE COUNTY: John W. Hofmeyer III Weston, Kyle W. Wilcox, Anne K. Wilson, R. Benson, Tim C. Boller, Steven K. Daniels, FLOYD COUNTY: Danielle DeBower, Judith M. Mark L. Zaiger Paul Demro, Angela Fogt, Nina Forcier, Dennis O’Donohoe, Todd Prichard M. Guernsey, Luke C. Jenson, C. Morgan LOUISA COUNTY: Megan R. Merritt Lasley, Timothy J. Luce, Whitney L. Middleton, GREENE COUNTY: Jonathan D. Law LUCAS COUNTY: Raymond C. Meyer John S. Pieters Jr., Erich D. Priebe, Karla Joy GRUNDY COUNTY: Timothy M. Sweet MAHASKA COUNTY: Diane Crookham-Johnson, Shea, Mary Rose Shelley, Steven Weidner GUTHRIE COUNTY: Christine Sand David D. Dixon, Dustin D. Hite, Eric J. Palmer, BREMER COUNTY: Beth A. Becker, Mark Milder Lynnette M. Lindgren HANCOCK COUNTY: Philip L. Garland BUCHANAN COUNTY: Sarah Dooley-Rothman MARION COUNTY: Timothy N. Tripp, HARDIN COUNTY: Larry W. Johnson BUENA VISTA COUNTY: Mary C. Hamilton Lois J. Vroom HENRY COUNTY: Patrick C. Brau, David L. MARSHALL COUNTY: BUTLER COUNTY: Elizabeth Biwer, McCoid, Steven E. Ort Douglas W. Beals, Patrick G. Vickers Brandon J. Buck, Brian L. Danielson, Kent L. IDA COUNTY: Peter Goldsmith Geffe, James L. Goodman, Norma Meade, CALHOUN COUNTY: William D. Kurth IOWA COUNTY: Fred Stiefel, Peter W. Stiefel Christian J. Stickrod CARROLL COUNTY: Jessica Morton JACKSON COUNTY: Ronald J. Besch MITCHELL COUNTY: Mark L. Walk CASS COUNTY: David L. Wiederstein JASPER COUNTY: Randal B. Caldwell, Jane MONONA COUNTY: James Westergaard CEDAR COUNTY: Christopher Surls Odland, Mark A. Otto, Kenneth J. Smith MUSCATINE COUNTY: Gregory J. Kreitner, CERRO GORDO COUNTY: Ronald D. Arispe, JEFFERSON COUNTY: Michael R. Brown, Rebecca L. Schmidt, Wendy L. Young Kaitlyn J. Ausborn, Jacqueline R. Conway, Vanessa Willman O’BRIEN COUNTY: Bruce A. Green C. Bradley Price, Gerald M. Stambaugh, Ron Wagenaar JOHNSON COUNTY: Steven C. Anderson, POLK COUNTY: Lisa A. Allison, Michael Arleth, Christine Boyer, Daniel L. Bray, Siobhan Briley, Jenna H. Bishop, Michael Boohar, John Bunz, CHEROKEE COUNTY: George W. Wittgraf David D. Burbidge, Martin Diaz, Sue Dulek, Daria Kendra S. Clark, Jennifer Clendenin, Jason CHICKASAW COUNTY: Kevin J. Kennedy, Fisher Page, Peter J. Gardner, Catherine Gerlach, Craig, Jennifer Hall DeKock, Cara Donels, Linda Kobliska, Nathaniel W. Schwickerath James D. Houghton, Tarek A. Khowassah, Melissa Gillespie, Dorothy Goodman, Krista Timothy J. Krumm, Joseph T. Moreland, CLARKE COUNTY: Matthew D. Zinkula Gorsche, Kimberly A. Graham, Elizabeth Grob, Constance Peschang Stannard, Jeffrey L. Dennis Groenenboom, Danielle Jess Haindfield, CLAY COUNTY: Donald J. Hemphill, Powell, Dell A. Richard, Erek P. Sittig, Bruce L. Sangki Han, Jill Hansen, Lona Hansen, Scott David A. Scott Walker, Paul K. Waterman, Alison Werner Smith Hartsook, Brittany A. Hedstrom, Jeffrey J. CLINTON COUNTY: Elizabeth Srp JONES COUNTY: Adrian T. Knuth, Jay A. Willems Hicks, Emily S. Hildebrand Pontius, Gary E. CRAWFORD COUNTY: Maura Sailer KOSSUTH COUNTY: David C. Skilling Hill, David W. Hosack, Larry I. James Jr, Olivia Kilgore, Patrick R. Kirchner, Kelsey Knight, DALLAS COUNTY: Bryan R. Jennings, LEE COUNTY: James P. Hoffman, Laura M. Emily A. Kolbe, Chantel M. Kramme, Mark Matthew J. Hemphill Krehbiel, Carl A. Saunders, Bruce Scanlan Lagomarcino, Brian Lalor, Laura B. Latham, DELAWARE CONTY: John M. Carr LINN COUNTY: Jared S. Adam, Jeffrey M. Cory A. McAnelly, John McKinney, Steven Nadel, Bill Nassif, Jonathan Neiderbach, Nathan DES MOINES COUNTY: Michael D. Clark, Beatty, Matthew J. Brandes, William J. Daly, Thomas L. Fiegen, Vincent S. Geis, Larry G. Gutz, Overberg, Rachel Parker, Karen Pearston, William Monroe, Scott Schroeder, Mitchell L. Bridget Penick, Andrew Petrovich, Brett Taylor, Timothy J. Werner Allison M. Heffern, James C. Holmes, Mark Hudson, Stephen B. Jackson Sr., Donald L. F. Roberts, Christopher B. Rottler, Charles DICKINSON COUNTY: Abby L. Walleck Johnson, Sam Jones, Maureen Kenney, Rae M. Schneider, Craig V. Schrader, Courtney I. DUBUQUE COUNTY: John R. Becker, Matthew Kinkead, Mona Knoll, Michael K. Lahammer, Schultz, Ross Craig Shives, Ann M. Smisek, Boleyn, Catherine R. Caitlin, Stephanie Fueger, Dawn Long, Corbett Corey Luedeman, Patricia J. Patrick D. Smith, Ashley C. Stewart, Andrew Bridget L. Goldbeck, Werner Hellmer, Alex L. Meier, Joseph M. Miller, Richard Mitvalsky, T. Tice, Leanne Valentine, Steven P. Wandro, Hofer, Philip Jensen, Brian J. Kane, Jason Matthew Nagle, Rachael D. Neff, Steven J. Pace, Rhonda B. Ward, Conner L. Wasson, JoEllen Lehman, Thad J. Murphy, Brian W. Peters, Carla Pearson, Nancy Penner, Kristin F. Petersen, G. Watts, Steven R. Weiss, Valorie K. Wilson

20 THE IOWA LAWYER OCTOBER 2020 Through the Polk County Bar Association Sr. Gallagher, Alicia Gieck, Maegan M. Gorham, WOODBURY COUNTY: Kaitlin Boettcher, Volunteer Lawyers Project (VLP): Lisa Allison, Michael L. Gorsline, Timothy B. Gulbranson, Timothy S. Bottaro, Camille S. Brown, Matthew Fred Anderson, Michael Arleth, Joe Austen, Michael Halpin, Eric M. Hartmann, Lawrence J. Connealy II, James N. Daane, Robert B. Deck, Todd Babich, Peter Berger, Benjamin Bergmann, J. Lammers, Nathan M. Legue, Michael Daniel D. Dykstra, Michael W. Ellwanger, Wil L. Nate Borland, Eric Borseth, Christine Branstad, Liebbe, Paul Macek, Sandra Madsen, Mike Forker, John M. Hines, Colby M. Lessmann, Ashle Bray, Rebecca Brommel, Nicholas Cooper, J. McCarthy, Joshua J. McIntyre, Tommy Michele L. Lewon, Robert F. Meis, John S. Christopher Coppola, Ali Coufal, Valerie Cramer, Miller, Jazmin E. Newton-Butt, Richard M. Moeller, Deborah J. Morris, Nikki K. Nobbe, Claire Cumbie-Drake, J. Michael Deege, Steven Roller, Thomas G. Schebler, Judy Shawver, Jessica R. Noll, Teresa A. O'Brien, Barbara Despotovich, Catherine Dietz-Kilen, Diane Penelope C. Souhrada, Joel Walker, Barbara F. Orzechowski, Elizabeth A. Row, Amanda Dornburg, Carmen Eichmann, Joel Fenton, K. Wallace, Clemens A. Werner Jr. Van Wyhe, Kendra M. Zirbel Olson Erik Fisk, Kacy Flaherty, Brian Foddrill, Robert STORY COUNTY: David W. Benson, Thomas WRIGHT COUNTY: Dani Eisentrager, Gainer, Joseph Gamble, Matthew Gardner, J. Cahill, Timothy L. Gartin, Amanda Hassid Jonathan M. Murphy Ryan Genest, Justin Gross, Marc Harding, Through Legal Aid of Story County: Nicole Facio, John Hardy, Dawn Hernandez, Kelsy Holly, Ryan Haaland, Chris Moon, Michael Moon, A special thank you to the members of Shanon Hounshell, Randall Jackson, Elizabeth Mark Olberding, Chad Schneider, Shawn Smith Iowa Legal Aid’s Board of Directors and Kellner-Nelson, Christopher Khasho, Becky Foundation Board Iowa members: Knutson, Stephanie Koltookian, Erin Kozitza, A special thank you to the Legal Aid Society Legal Aid Board of Directors: Kate Cutler, Jonathan Kramer, Kari Kruml, Lance Lange, of Story County Board: Nicole Facio – Richard A. Davidson, Anna Evans, Scott Folkers, Matthew Laughlin, Tom Levis, Stacie Linquist, President; Board: Paul Johnson, Tim Meals, Michael Mahaffey, Matthew McDermott, Susan Low, Anna Mallen, Stephen Marso, Joshua Opperman, Mary Howell Sirna Lora McCollom, Jennifer Meyer, Donna Miller, Cynthia Moser, Shawn Nauman-Larson, TAMA COUNTY: John S. Livingston, Anna Olson, Peter Pashler, Kerry J. Roda- Rebecca Miller, Amy Montgomery, David Morse, Bruce Reinders Matthew O’Hollearn, Robert Oberbillig, Nathan baugh, MD, Karen Shaff, Leon Spies, Angela Olson, Tim Pearson, Bridget Penick, Jeffrey, WAPELLO COUNTY: Robert M. Box, H. Sprouse, Rosanna Stutzman, Nate Willems, Perkins, Tyler Phelan, David Phillips, Nicholas Edwin Detlie, Bret Larson, Sara Wenke Danielle Young-Kruger, Mark Zaiger Platt, Teresa Pope, Clarissa Rietveld, Benjamin WARREN COUNTY: Stephen Hall Roach, Katherine Sargent, Erin Schneider, Iowa Legal Aid Foundation: Jim Hansen – Anjela Shutts, Lyle Simpson, Alexander Smith, WASHINGTON COUNTY: Richard S. President; Eric Nemmers – Vice President; Kimberly Stamatelos, Alison Stewart, Thomas Bordwell, Eric J. Schmitt Board: David L. Brown, David W. Creasey, Sarah Story, Courtney Strutt-Todd, Thomas Tarbox, WAYNE COUNTY: Alan M. Wilson Garst, Onna Houck, Christine Lebrón-Dykeman, Robert Thole Deborah Tharnish, , Brooke WEBSTER COUNTY: Mark R. Crimmins, Sara Strain Linder, Margaret McCaffery, Paul Thompson, Christina Thompson, Katheryn Jerry L. Schnurr III, Ricki Stubbs Morf, Thad Murphy, Alan O. Olson, Peter Pashler, Thorson, Andrew Tice, Brandon Underwood, John C. Pietila, James L. Pray, Angela Reier, Mark Dwayne Vande Krol, Ali Vandenberg, Kyle WINNESHIEK COUNTY: James Burns, Rosenbury, John D. Schmidt, Nick Smithberg, Nathaniel C. Moonen, Andrew P. Nelson von Johnson, Alexis Warner Grove, Tammy Suzan M. Stewart, Deborah M. Tharnish Westhoff Gentry, Hope Wood, Scott Wormsley Polk County VLP mediation volunteers: Maureen Cosgrove, Jeremy Feitelson, Michael Horn, Eliza Ovrom, Teresa Pope, Mark Reed, Anjela Shutts, Robert Sobiech, Douglas Staskal, Brooke HDHADVISORS Thompson, Liz Varnon, Kelly Wadsworth, Raven Adams, Clarissa Argueta, Haley Bryan, Offering business appraisal, financial advisory, litigation support and Kaitlyn Dudding, Jordan Fox, John Gilbertson, related professional service to clients across the United States Emma Grotting, Ed Hayer, Austin Jungblut, Combined, our team represents approximately 25 professionals and over Alec LeSher, Austin Luse, Esther Lwakabamba, 100 years of experience Expert Witness Testimony Ashley Madsen, Anna Olsen, Reagan Slater, Carie Steinkamp, Tyler Stepp, Justus Thompson, Contact one of our professionals in Des Moines for: Catrina Waite, Bill Westfall, Maddison Wood HOLA Center volunteers: Raziel Argueta, EXPERT WITNESS BUSINESS VALUATION Julio Munoz

A special thank you to the officers and board ECONOMIC DAMAGES MERGERS & ACQUISITIONS members of the Polk County Bar Association Volunteer Lawyers Project: Maria Brownell – President; Stephen Marso – Secretary; Michael Kuehner – Treasurer; Nicholas Cooper We’ve recently – Liaison to the Polk County Bar Association; Board: Caroline Bettis, Emily Chafa, Lance moved and Lange, Hon. Heather Lauber, Tim Pearson, expanded! New Thomas Story, Margaret Van Houten office in West POTTAWATTAMIE COUNTY: Lawrence J. Des Moines! Beckman, Helen M. Broadway Savage, James A. Campbell, Jennifer A. Carlson, Stephen C. Ebke, Michael Gallner, Drew H. Kouris, Clarence B. Meldrum Jr., Katherine Murphy, Lilly Richardson-

Severn, Brody D. Swanson, Paul Wilson Business Appraisal I Litigation Support I Financial Advisory I ESOP’S POWESHIEK COUNTY: Kami Holmes SCOTT COUNTY: Grishma Arumugam, Courtney DES MOINES I 4201 Westown Pkwy, Suite 340 I West Des Moines, Iowa I 515.225.3796 M. Brokloff, Garth Carlson, M. Jeffrey Cook, ATLANTA I 2002 Summit Boulevard, Suite 950, Atlanta, Georgia I 770.790.5000 Joe Creen, H.J. Jack Dane, Harold DeLange, WWW.HDHADVISORSLLC.COM Brian T. Fairfield, Tricia S. Fairfield, Robert H.

OCTOBER 2020 THE IOWA LAWYER 21

HDH IA Lawyer 2020new.indd 1 9/1/20 2:50 PM Iowa Legal Aid, The Iowa State Bar Associa- Gina Kramer, Emily Kremer, Michael Kuehner, Thomas Walton, Cassi Wigington, Willard tion and the Polk County Bar Association’s Christina Kuhn, Mitch Kunert, Roger Kurt, Boyd III, Brett Wessels, Dana Wortman, Volunteer Lawyers Project have developed a Mike Lane, Justin Lange, Kylie Liu, Rick Breanna Young, Howard Zimmerle, Jennifer legal advice hotline for coronavirus/COVID-19 Loftsgard, Tim Luce, Darin Luneckas, Sara Zupp, Jessica Zupp legal issues. Dickhut Luth, Kate Lyon, Kelsey Marquard, Iowa Free Legal Answers: Janice Binder, Thank you to all of the COVID-19 Legal Abby McConnaughhay, Miki McGovern, Tammi Blackstone, Aaron Blair, Willard Boyd Advice Hotline volunteer lawyers providing Jessica Malott, Michelle Marcove Weiser, III, Matthew Brandes, Denise Brennan, Nathan pro bono legal services to the people of Iowa: Kara McClure, Richard Mitvalsky, Bill Miller, Borland, David L. Brown, Ven Bujimalla, Kellen Andrew Aeilts, Yasaman Afzal, David Donna Miller, Bill Monroe, Raphael Montag, Corbett, Amy Costello, C. Anthony Crnic Albrecht, Lisa Allison, Robert Anderson, David Amy Montgomery, Katie Morgan, Abhay III, Megan Dooly, Tyler Eason, Quinn Eaton, Barajas, Sandra Baringer, Amy Beck, Bradley Nadipuram, Lori Nelson, Eric Nemmers, Craig Steven Eckley, Jill Eimermann, Jacob Everhart, Beaman, Merlaine Bissainthe, Amy Bjork, Nierman, Rush Nigut, William Noth, Wendy Matthew Gardner, Eric Goers, Jennifer Mike Boohar, Bethany Brands, Siobhan Briley, Ogden, Seyi Olowolafe, Kay Oskvig, Nathan Gruenisen, Susan Hess, Gary Hill, Debra Gunda Brost, Maria Brownell, Ven Bujimalla, Overberg, Rachel Parker, Sonia Parras, Hockett-Clark, Arnold Kenyon III, Jennifer Joe Casey, Emily Chafa, Tyler Coe, Nicholas Alfredo Parrish, David Peters, Katie Raisch, Kincaid, Phillip Klinger, Gina Kramer, Ross Cooper, Gene Collins, Daniel Connolly, Valerie David Remley, Angela Reier, Mary Richard, Laird, Erin Lee Schneider, Thomas Levis, Paul Cramer, Ross Curnow, Molly Dennert, Susan Kathleen Roe, David Roston, Deborah McAndrew, Jason McCollough, Cara Mickelsen, Dulek, Cassie Edgar, Carmen Eichmann, Jill Schmudlach, Jerry Schnurr, Melvin Shaw, Michael Moss, Phillip Myers, Jason Neifert, Eimermann, Ted Engel, Daniela Erickson, Tony Travis Sheets, Kristymarie Shipley, Anjela Lori Nelson, Jessica Noll, Caitlin Otto, Barbara Farrell, Joel Fenton, Joseph Fernandez, Paige Shutts, Patricia Shoff, Frederick Sinkevich, Orzechowski, Laura Parrish, Mark Rice, Martha Fiedler, Dan Fretheim, Kyle Fry, Tim Gartin, Amy Skogerson, Tom Slaughter, Alissa Smith, Scarpellino, Jerry Schnurr III, Mary Shelley, Darla Giese, Eric Goers, Peter Goldsmith, Jim Patrick Smith, Leon Spies, Donn Stanley, Anjela Shutts, Alex Smith, Shawn Smith, Emily Goodman, Greg Greiner, Molly Hamilton, Frank Swanson, Dave Tank, Bob Teig, Swartz, Thomas Tarbox, Christina Thompson, Steve Hamilton, Blake Hanson, Dannie Harris, Shannon Thompson, Leanne Valentine, Miriam Timmer-Hackert, Heather Timmins, Jim Heckmann, Chris Henderson, Haley Camille Valley, Amy Van Horne, Bruce Walker, Webb Wassmer, Bruce Walker, Hope Wood Hermanson, Victoria Herring, Susan Hess, Gary Hill, Maureen Hoogeveen, Robert Jackson, Amanda James, Amanda Jansen, Jamie Jewells, Nick Jones, Amelia Kays, Jeffrey Kelso, Rick Kimble, Amanda Knief, Stephanie Koltookian, Christopher Kragnes,

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22 THE IOWA LAWYER OCTOBER 2020 AUGUST 2020 THE IOWA LAWYER 17 Charitable Giving Estate planning with charitable giving funds By Jordan Richardson ver $43 billion were given to charity establishing one), the DAF has the poten- foresight of his attorney five years prior, by bequest in 2019, according to tial to act as an effective charitable com- Client A simply reaches out to his DAF O Giving USA’s annual study. Put plement to their will or trust. This is be- administrator and updates his succession another way, nearly 10 percent of all cause most DAFs include a succession plan to include the third charity. No charitable giving ($449.64 billion) plan. Those plans range from appointing update to the will is necessary. Easy! occurred through estate plans. heirs to oversee future charitable giving But what if your client does not have It is likely not a surprise to any of us that decisions, to naming specific charities or an existing DAF and does not have a charity plays a role in the estate. For a few, areas of interest to receive a one-time gift current giving plan that justifies it offers shelter against the estate tax. But or a stream of future distributions. establishing one? Could they for many individuals, the bequest provides Take Client A for example. Client A establish a testamentary DAF? an opportunity to leave a legacy with the gives regularly to several charities and Possibly! organizations that best align with their has established a DAF to streamline char- At the Community Founda- values and passions. itable giving during his lifetime. When tion of Greater Des Moines, In its simplest form, an individual might updating his will, Client A tells his attor- we call this a legacy fund, choose to name a specific charity to re- ney he would like to set aside the residual and it provides for signifi- ceive a residual benefit from his or her of his estate to benefit two charities cant flexibility and peace will. Your firm probably has templated equally. While he could name those two of mind in planning for language to address this. In fact, many charities directly in his will, his attorney future charitable non-profits do, too. suggests he bequeath the residual of his giving. While that strategy works well in simple estate to the DAF instead. The result is cases, simplicity is increasingly rare. For the same, as the two charities are now in example, your client might feel anxious line to receive a distribution from Client about selecting a specific list of charities A, but Client A has now given himself the today. And even if they feel confident flexibility to amend his charitable plans about their list today, a future experience in the future without requiring the or programmatic change at an organiza- will to be revised. tion might result in a change of heart. Five years later, Client A Your clients may also desire more flexibili- begins serving as a board ty and fluidity in the timing of their gifts, member for a third charity rather than giving the charity a significant and feels drawn to adding single contribution at their deaths. this additional These potential barriers can be ad- organization to his dressed effectively by engaging a charita- charitable estate ble giving fund. Charitable giving funds, plan. Thanks such as donor-advised funds (DAFs), pro- to the vide a simple, powerful and personal approach to giving. For individuals who give charitably during their lifetimes, a do- nor-advised fund can provide significant value by streamlining giving over time in an efficient, organized and tax-wise manner now and in the future. For clients with an existing DAF (or clients who might be interested in

OCTOBER 2020 THE IOWA LAWYER 23 Charitable Giving

Let’s consider Client B. Similar to Cli- Fund at the community foundation and ent A, Client B would like to leave a siz- the predetermined charitable instructions able portion of her estate to charity. Un- are executed. In Client B’s case, several like Client A, however, Client B does not charities receive an immediate distribu- currently utilize a donor-advised fund tion, while the remainder of the charitable and is not interested in doing so. Client B balance lives on as a donor-advised fund, and her attorney have determined 50 per- with Client B’s children overseeing future cent of her estate should go to charity, distributions. but she is challenged to develop a specific While Clients A and B are fictional list of charities. Client B’s giving changes cases, I have had the opportunity to periodically as new opportunities arise connect with many individuals in similar that align with her goals and values. scenarios. Planning for our legacy can be Rather than losing sleep over develop- challenging – especially when it involves ing a list of charitable beneficiaries, Cli- trusting organizations to steward our ent B and her attorney opt to instead cre- financial resources after we are gone. ate a legacy fund – the “Client B Family Charitable giving funds like these can be Legacy Fund.” The will is drafted to give powerful tools to provide peace of mind 50 percent of the estate to the legacy with efficiency and flexibility, while fund at the local community foundation. giving clients opportunities to tangibly Client B meets with community founda- share their charitable hopes and dreams. tion staff to develop her charitable instructions. Subsequent meetings with the Jordan Richardson is the community foundation result in a few director of charitable giving at the Community Foundation adjustments to the plan, but much like of Greater Des Moines. Client A, Client B is never required to Richardson is a Chartered Advisor in Philanthropy and revise her will to make those changes. works with professional At Client B’s death, 50 percent of her advisors and their clients to estate flows to the Client B Family Legacy promote charitable giving.

NOV. 17 Labor and Employment Law Seminar Nov. 19 - 20 Live Webinar iowabar.org/laborseminar

Separation Agreements and COVID-19 and Unemployment Trial Non-compete Agreements Insurance Updates Technology Update Maegan Gorham Ryan West Tara Cheever Lane & Waterman LLP Iowa Workforce Development LIT Software LLC 24 THE IOWA LAWYER OCTOBER 2020 TRANSITIONS Ryleigh Keeney has joined Grefe & Sidney PLC in Grace Bogart and Rachel Soderstrum have Des Moines as an associate attorney in the firm’s joined Dickinson, Mackaman, Tyler & Hagen, P.C. litigation division. Her practice focuses on trial, as associate attorneys. litigation, insurance coverage and defense, and Bogart is a 2020 graduate of the University of Iowa alternate dispute resolution. Keeney received her J.D. College of Law and holds a B.A. in political science from the University of Iowa College of Law in 2020. (summa cum laude) from Iowa State University. As a member of the firm’s Banking, Start-Up, and Real Katherine Anderegg, Joel Aschbrenner and Estate Groups, she will be assisting businesses, Michael Kaufmann have joined Davis Brown Law creative professionals and innovators to achieve their Firm in Des Moines. objectives and protect their brands. Anderegg joins the Davis Brown Law Firm as an Soderstrum graduated with highest honors from associate attorney in the litigation division. She will Drake University Law School and holds a B.A. in primarily work in the insurance defense department. social work (summa cum laude) from the University Aschbrenner joins the business division after of Northern Iowa. Her practice at Dickinson Law will clerking with the firm for two summers. He worked focus primarily in the areas of Employment, General as a journalist for several years including at the Des Civil Litigation and Family Law by providing solutions Moines Register where he covered real estate, for businesses and individuals. development, downtown Des Moines and the Des Moines Airport among other areas. He currently Thomas Bush, Jenny Juehring and Austin Lenz serves on the Des Moines Water Works Board of have joined Lane & Waterman in Des Moines. Trustees and previously served on the Des Moines Bush graduated from Drake University Law School in Historic Preservation Commission. 2020. He clerked at Brick Gentry in Des Moines and Kaufmann joins the litigation division to practice in Bush, Motto, Creen, Koury & Halligan in Davenport business, commercial and construction litigation. for several years. He represents construction and design firms Juehring is a 2019 graduate of Washington in matters relating to construction defect and University Law School. Prior to joining the firm, she mechanic’s lien litigation. was a clerk for Chief Judge Leonard T. Strand of the United States District Court of the Northern District Jeremy Masterson and R. Charles Bottenberg, of Iowa. who founded the Masterson & Bottenberg Law Firm in 2013, are joining the Ahlers & Cooney law firm in Lenz graduated from Drake University Law School Des Moines as special counsel. in 2020. He clerked for Lane & Waterman in the summer of 2019 and was a judicial intern for the Masterson will work in the trusts, estates and Scott County Juvenile and Associate Court in 2018. personal taxation practice group. He received his J.D. from Drake University Law School.

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OCTOBER 2020 THE IOWA LAWYER 25 IN MEMORIAM

Richard Frederick Stageman, 93, began work as a prosecutor at the Polk Robert Bruce Scism, 95, of Bella Vista, of West Des Moines, died Aug. 21. County Attorney’s Office from 1967- Arkansas, died Sept. 3. Scism was born Stageman was born in 1926 in Omaha. 80 then worked as general counsel for in Evansville, Indiana, in 1925. He served He served in the U.S. Naval Air Corps American Federation State County and in the U.S. Navy in World War II and during World War II and received his J.D. Municipal Employees (AFSCME) from received his J.D. from Drake University from Creighton University Law School. He 1980-2005. Law School. From 1965 to 1967, he practiced law in Nebraska and Iowa after served as an assistant attorney general receiving his degree in 1951. During his Don Bottorff, 78, of Omaha, died Aug. of the state of Iowa, and in that capacity time with Smith, Pogge, and Stageman, 19. Botorff was born in Webster City in represented it in the Supreme Court of he was elected to the Iowa 59th General 1942. He served in the U.S. Navy during the United States in the case of Nebraska Assembly as a representative from the Vietnam War and received his J.D. v. Iowa. In 1967 he was a founding part- Pottawattamie County. In 1962, he was from the University of Iowa College of ner in the Des Moines law firm Scalise, appointed Referee in Bankruptcy for Law. After graduating, he served as Scism, Gentry & Brick. the Southern District of Iowa by District Special Assistant Attorney General in Judge Roy L. Stephenson. In 1973, he Minnesota before joining the law firm of Kathleen Neylan, 75, of Elkader, died was appointed as a full-time magistrate. Hemingway and Myers in Webster City in July 16. Neylan received her J.D. from Later that year, Judge Stageman was 1971. During that time, he also served as the University of Iowa College of Law. appointed as a full-time bankruptcy judge a magistrate judge in Hamilton County. Kathleen worked for the Department for the Southern District of Iowa. He of Agriculture in Washington, D.C. after retired from the bench temporarily in Earl W. Sutton, 89, of Ankeny, died law school. She was a delegate and 1986 but was recalled two months later Sept. 1. Sutton was born in 1930 in Des speaker at the historic 1972 Democratic to serve pending the appointment of Moines. He received his J.D. from Drake National Convention in Miami. She was Judge Lee M. Jackwig. University Law School and served as an a long-time member of the Women’s officer in the United States Air Force. Rights Council and the Democratic Michael E. Hansen, 82, of Urbandale, Party. Other organizations she belonged died Aug. 28. Hansen was born in Des William “Bill” R. King, 81, of Des to were the Commission of the Status Moines, in 1938. He received his J.D. Moines, died Sept. 3. King received his of Women, the Iowa Juvenile Justice from the Drake University Law School, J.D. from the University of Iowa College Advisory Council, the Association of then served in the U.S. Navy as a Com- of Law. He was an attorney at the Davis Trial Lawyers and the Iowa and Clayton mander, JAG. He returned to Iowa and Brown Law Firm. County Bar Associations.

ISBA CLE CALENDAR All held via live webinar format OCT. 21-23 Family Law Seminar NOV. 18 OCT. 26 Unemployment Insurance Slowing the Avalanche: Appeals During COVID-19 Gain Control of Your Email Before it Buries You NOV. 19 Safe Harbors and Calm Seas: NOV. 2 Navigating Risk The Language of in Law Practice Judicial Opinion Writing NOV. 19-20 NOV. 16 Labor and Employment Silver Linings: New Law Seminar Opportunities for FAMILY LAW SEMINAR Online Mediation ■ Appropriate Parenting Plans for Geographically DEC. 2-4 Separated Parents NOV. 17 Bloethe Tax School ■ Attorney Burnout/Compassion Fatigue Drug Testing in Child ■ Family Law Appeals Welfare Cases: Chemistry, DEC. 11 Federal Practice Seminar ■ Positive Programs in Iowa: What’s Working Methodology and Legal Implications IOWABAR.ORG/FAMILYLAW

26 THE IOWA LAWYER OCTOBER 2020 iowabar.org/calendar DISCIPLINARY OPINIONS

CASE NO. 20-0472: IOWA SUPREME CT. violations and the aggravating factors in filed a personal injury lawsuit on behalf of this case, the Supreme Court agreed with Sharel Banks and her minor child against ATTORNEY DISCIPLINARY BD. V. JESSE the Board that Marzen’s license should be the owner and manager of a rental property MICHAEL MARZEN suspended, contrary to the Commission’s where Banks and the child previously lived. Filed Sept. 11, 2020 recommendation of a public reprimand. The The lawsuit sought damages for the child’s Court indicated it was most troubled by exposure to lead paint while residing at the (Summary adapted from the opinion by Marzen’s willingness to provide knowingly rental property. Justice Oxley) inaccurate tax returns for his clients to give With trial looming and a discovery The Iowa Supreme Court Attorney to their bank in support of a loan applica- sanctions motion pending, Beauvais told Disciplinary Board (“Board”) brought a tion. This, coupled with Marzen’s prior disci- opposing counsel and the court that his complaint against attorney Jesse Marzen plinary record, led the court to suspend client had accepted the opponent’s $15,000 arising out of his representation of a cou- Marzen’s license for 30 days. settlement offer. But the client had force- ple involving two different matters. The fully rejected that offer, saying she’d rather first matter involved his work in prepar- get nothing. The lawyer then pressured the ing income tax returns for the couple’s CASE NO. 20-0298: IOWA SUPREME CT. client into accepting the $15,000 settle- business, and the second matter involved ATTORNEY DISCIPLINARY BD. V. JOHN P. ment using false information. The Supreme his transfer of an estate matter to another Court calls this “a cautionary tale to the attorney without the client’s prior consent. BEAUVAIS, JR. unprepared lawyer to avoid attempts to Marzen was admitted to practice law in Filed Sept. 4, 2020 whitewash one’s poor performance by Iowa in 2005. He was previously disciplined (Summary adapted from the opinion by pressuring a client to settle to end the case. in 2010 after he had a sexual relationship Justice McDermott) Here, the settlement ended the lawsuit but with a client and disclosed confidential triggered this attorney disciplinary matter.” information about the client during his cam- John Beauvais Jr. graduated from law A division of the grievance commission paign for county attorney, which resulted in school in 2013 and was admitted to prac- heard the evidence and concluded the a six-month suspension of his license. tice law in Iowa that same year. He started lawyer committed multiple violations of the The Iowa Supreme Court Grievance his legal career as an associate with a Iowa Rules of Professional Conduct. The Commission (“Commission”) found the Sioux City law firm, but in March 2016, he Supreme Court concurred and imposed a left to start a solo practice. In September Board proved Marzen violated most, but not three-month suspension. all, of the cited rules. Based on Marzen’s 2014, while still at his prior firm, Beauvais ISBA CLE CALENDAR TAX SCHOOL GOES ONLINE All held via live webinar format OCT. 21-23 2020 Family Law Seminar NOV. 18 OCT. 26 Unemployment Insurance Bloethe Slowing the Avalanche: Appeals During COVID-19 Gain Control of Your Email Before it Buries You NOV. 19 Safe Harbors and Calm Seas: Tax School NOV. 2 Navigating Risk Dec. 2 - 4 The Language of in Law Practice Judicial Opinion Writing iowabar.org/taxschool NOV. 19-20 NOV. 16 Labor and Employment Silver Linings: New Law Seminar Opportunities for • 2020 Legislation Impacting Farm Returns FAMILY LAW SEMINAR Online Mediation DEC. 2-4 • Summary of Rates and Tables for Use in ■ Appropriate Parenting Plans for Geographically Preparing 2020 Returns Separated Parents NOV. 17 Bloethe Tax School ■ Attorney Burnout/Compassion Fatigue Drug Testing in Child • Tax Issues Associated with Financially ■ Family Law Appeals Welfare Cases: Chemistry, DEC. 11 Distressed Clients Federal Practice Seminar ■ Positive Programs in Iowa: What’s Working Methodology and Legal Implications IOWABAR.ORG/FAMILYLAW Sponsored by The Iowa State Bar Association Taxation Section iowabar.org/calendar OCTOBER 2020 THE IOWA LAWYER 27 Nicole S. Facio, Personnel Partner, P.O. Box 847, Ames, IA Litigation Attorney – BrownWinick Law Firm, Des POSITIONS AVAILABLE 50010 or [email protected]. Moines, IA - Seeking a full-time qualified attorney Attorney – Personal Injury Law – Franklin D. Azar with at least three years of experience (five+ years & Associates, Aurora, CO - Franklin D. Azar & General Counsel – Truman State University, Kirks- ville, MO – Truman State University – Missouri’s is preferred) to join our litigation practice group. Associates, P.C. is the largest personal injury plaintiffs Candidates must have excellent academic credentials firm in Colorado and has represented thousands of only public liberal arts and sciences university seeks an experienced, skilled, collegial and collaborative and be proactive, detail oriented, and organized. Prior people entitled to recover damages from injuries in courtroom experience strongly preferred. Confidential all types of accidents, from dangerous and defective attorney to serve as its next General Counsel. This position provides a unique opportunity to formu- inquires, including cover letter, resume and law school products, and from employers not paying adequate transcript (unofficial is acceptable) should be directed wages. To apply, visit https://careers.iowabar.org/ late and oversee legal policies and procedures that will have lasting impact on the ability of Truman to to: Tia Calhoun, Recruiting Coordinator, BrownWinick jobs/13826911/attorney-personal-injury-law. Law Firm, 666 Grand Avenue, Suite 2000, Des Moines, IA CLASSIFIEDS fulfill its mission for many years to come. Review of Attorney – Peters & Longmuir, PLC, Independence, candidates will begin immediately; to receive full con- 50309, E-mail: [email protected] IA – Established and growing three-person law sideration, materials must be received by October 16, Staff Attorney – Waterloo VOCA – Iowa Legal Aid, office is seeking a lawyer ready to join an active 2020. Applications should include a curriculum vitae, Waterloo, IA – Iowa Legal Aid has a Staff Attorney family law and criminal practice. We have a detailed cover letter, and contact information for three opening in its Waterloo Regional Office. The current broad regional client base handling real estate, references and be sent to: Jennifer Kopp Dameron, Chair, opening in Waterloo is partially funded by the Victim of probate and tax matters. Applicants must have an General Counsel Search Committee, Truman State University, Crime Act (VOCA). The VOCA funded Staff Attorney Thank you interest in working to continue the growth of the President’s Office, McClain Hall 200, 100 E. Normal Ave., will help victims of crime, primarily with protection practice and a desire to assume a management and Kirksville, MO 63501, [email protected] orders, dissolutions of marriage and other emergency ownership role. Competitive compensation options. family law matters. To apply, visit https://careers.iowabar. [email protected] Audubon County Attorney – Audubon County, Audubon, IA - The Audubon County Board of org/jobs/13934985/staff-attorney-waterloo-voca Public Law Attorney (Bond Counsel/Public Supervisors intends to fill the vacancy of the office Associate Attorney – Schweitzer & Wink, Columbus Finance) – Ahlers & Cooney, P.C., Des Moines, IA of County Attorney by appointment. The candidate Junction, IA – A well-established general practice law – Ahlers & Cooney, PC is seeking an Iowa attorney will serve the remainder of the existing term, which firm in Louisa County, Iowa is looking to hire a full- with 3-5 years of experience in public finance, ends December 31, 2022. To be considered for time associate attorney with the intention of entering municipal bonds, disclosure matters, or other appointment, eligible candidates must submit an into a long-term partnership. This practice involves experience in corporate finance and/or general application, resume, and proof of eligibility to the probate, real estate, criminal, family law and tax transactional matters, negotiations, contract Audubon County Auditor, 318 Leroy Street, Audubon IA preparation. To apply, email cover letter and resume drafting and contract review. To apply, visit https:// 50025, no later than October 5th, 2020. to: [email protected] careers.iowabar.org/jobs/13887962/public-law-attorney- Medical Malpractice Defense Attorney – Temporary Secretary – The law firm of Johnston, bond-counsel-public-finance BrownWinick Law Firm, Des Moines, IA – Seeking an Hicks & Griffith in Knoxville is in need of a tempo- Associate Attorney – Newbrough Law Firm LLP, experienced full-time qualified defense attorney with rary secretary for January and February of 2021 for Ames, IA - Newbrough Law Firm, LLP, is seeking an at least 3 years of experience (5+ years is preferred) to preparation of documents and filing. If interested, associate attorney. Excellent research and writing join our medical malpractice group. Candidates must please contact Jim Hicks by phone: 641-842-2197, or email: skills are required, and trial experience is preferred. have excellent academic credentials and be proactive, [email protected]. The ideal candidate would also possess a strong work detail oriented, and organized. Prior courtroom ethic and dedication to serving the community. All ap- experience strongly preferred. Confidential inquires, SERVICES OFFERED plications will be handled confidentially. Send resume including cover letter, resume and law school Mediation – Former Justice Michael J. Streit who and cover letter to Newbrough Law Firm, LLP, Attention transcript (unofficial is acceptable) should be directed served for over 27 years on the bench is offering medi- to: Tia Calhoun, Recruiting Coordinator, BrownWinick ation and arbitration services. Streit was appointed as Law Firm, 666 Grand Avenue, Suite 2000, Des Moines, IA a district court judge in 1983 where he served the Fifth 50309, E-mail: [email protected] Judicial District. In 1996 he was appointed to the Iowa Staff Attorney – Davenport Community Schools Court of Appeals and in 2001 to the Iowa Supreme Project – Iowa Legal Aid, Davenport, IA – Iowa Legal Court where he served until 2010. For information and Aid is seeking an energetic and creative attorney to scheduling please call 515-244-3500 or 515-247-4708. join our new Davenport Community Schools Project. Freelance Litigation Services – Iowa-licensed attorney The attorney will have principal responsibility provides freelance litigation services to other lawyers for working in conjunction with the Executive and law firms on an hourly, as-needed basis - research, Director and other staff to establish a new program motions, brief writing, discovery, document review, with the Davenport Public Schools, including the appellate work and other trial preparation tasks. establishment of a new legal aid clinic on site in an Melinda Ellwanger, P.L.L.C./515.988.5622/mellwanger@ elementary school in the Davenport School District. yahoo.com/www.LinkedIn.com/in/melindaellwanger To apply, submit letter of application, resume, law school transcript (recent graduates only), recent FOR SALE representative writing sample, and names, addresses Building and Land: Law building – 7109 Hickman and phone numbers of at least three professional Rd. Urbandale Iowa, 50322 & adjoining lot and references to [email protected]. woods @ 7113 Hickman. Two attorney tenants Corporate/Transactional Attorney – BrownWinick possible along with equipment and furniture if Law Firm, Des Moines, IA – Seeking a full-time qual- needed. Negotiable terms before formal listing. ified attorney with two to five years of experience to Berger Law Firm P.C. 515-288-8888. join our corporate practice group. Candidates must be proactive, detail oriented, and organized. Candidates PERSONAL should also have experience in transactional work, in- If depression, stress, alcohol or drugs are a cluding mergers and acquisitions and securities. Confi- problem for you, we can help. We are a non-profit dential inquires, including cover letter, resume and law corporation offering attorneys free help in a school transcript (unofficial is acceptable) should be totally confidential relationship. We are the Iowa directed to: Tia Calhoun, Recruiting Coordinator, Brown- Lawyers Assistance Program. Under order of the Winick Law Firm, 666 Grand Avenue, Suite 2000, Des Iowa Supreme Court, all communication with us Moines, IA 50309, E-mail: [email protected] is privileged and private. Our director is a former Chief Deputy Attorney General – Iowa Department lawyer, and a recovering alcoholic and drug of Justice – Attorney General, Des Moines, IA – Iowa addict. He is a trained substance abuse counselor. Attorney General Tom Miller seeks a Chief Deputy We cannot help unless you call – 515-277-3817 or Attorney General. Duties include office-wide supervi- 800-243-1533 – or message (in confidence)help@ sion in the following areas: legal issues, public policy, iowalap.org. All you have to do is ask us to contact budget, personnel, and general administration. Also you. No other details are necessary. We will call handles numerous projects and assignments at the re- you. The Iowa Lawyers Assistance Program also quest of AG Miller. To apply, visit https://careers.iowabar. can provide speakers for local bar associations. org/jobs/13930566/chief-deputy-attorney-general

28 THE IOWA LAWYER OCTOBER 2020 The ISBA would like to thank the following people for speaking at ISBA-sponsored CLE programs in September:

Sweeping Changes to Court Debt Speakers: Chad Hart, PhD, Associate Professor, Hon. Chief Magistrate Judge Helen Adams, Department of Economics / Extension Assessment and Collection – Sept. 1 Southern District of Iowa and Outreach, Iowa State University Sponsored by The Iowa State Bar Leslie Behaunek, Nyemaster Goode Erin Herbold Swalwell, Attorney and Association Criminal Law Section Lori Chesser, Davis Brown Law Firm Shareholder, Brick Gentry PC Speaker: Alex Kornya, Iowa Legal Aid Denise Claton, Davis Brown Law Firm Eldon McAfee, Attorney and ThankKimberly Cullen, Law Student you Shareholder, Brick Gentry PC 2020 Bridge the Gap Seminar – Anthony Gaughan, Professor of Law and Kern Leslie Mille, Agricultural Loan Officer, Sept. 10-11 Family Law Chair, Drake Law School Marion County Bank Speakers: Mark T. Hamer, Hamer Law Office Wayne Reames, Attorney and Jared Adam, Shuttleworth & Ingersoll Tim Hill, Bradley & Riley Shareholder, Belin McCormick PC Hon. Paul Ahlers, Iowa Court of Appeals Erin Hoffman, Faegre Drinker Jesse Richardson, Professor of Law and Land Jace Bisgard, Shuttleworth & Ingersoll PLC Debra Hulett, Nyemaster Goode Use Attorney, West Virginia University Jeffrey Boehlert, Boehlert Brownlee ADR Justice Edward M. Mansfield, Kristine Tidgren, Center for Agricultural Nathan Borland, Timmer &Judkins PLLC Iowa Supreme Court Law & Taxation Magistrate Judge Celeste Bremer, Matt McGuire, Nyemaster Goode Kitt Tovar, Center for Agricultural Southern District of Iowa Jennifer Smith, Lead Counsel at ACT Law & Taxation Stephen Brown, Cutler Law Firm PC Elizabeth Van Arkel, Davis Brown Law Firm Anthony Schutz, Associate Professor of Law, Tyler Coe, Whitfield & Eddy Law Tara van Brederode, Assistant Director, University of Nebraska James Cook, Dutton Daniels Hine Office of Professional Regulation Kakhoff Cook & Swanson PLC of the Supreme Court of Iowa Child-focused Innovations in Nick Critelli, CritelliLaw PC Aaron Van Oort, Faegre Drinker Chuck Webber, Faegre Drinker Family Law – Sept. 29 Jennifer Dorman, Carney & Appleby PLC Sponsored by The Iowa State Bar Association Robert Gainer, Cutler Law Firm PC Family & Juvenile Law Section and Timothy Gartin, Hastings Gartin 2020 Ag Law Seminar – Sept. 23 Drake University Law School & Boettger LLP Sponsored by The Iowa State Bar Association and Speaker: Diane Dornburg, Iowa David Grooters, Pappajohn Shriver ISU Center for Agricultural Law and Taxation Center for Children’s Justice Eide & Nielsen PC Speakers: Sara Linder, Bray & Klockau, P.L.C. Dario Arezzo, Attorney and Senior Tax Robert Rehkemper, Gourley Rehkemper Consultant at Farm Credit East, ACA Recognizing and Managing & Lindholm PLC Pat Dillon, Attorney and Owner, Dillon Law P.C. Burnout – Sept. 30 Tim Semelroth, RSH Legal Jeffrey Fetter, Attorney and President, Scolaro Sponsored by The Iowa State Bar Doug Struyk, Carney & Appleby PLC Fetter Grizanti & McGough, P.C., Association Criminal Law Section Greg Taylor, Cutler Law Firm PC Syracuse, NY Speaker: Kimberly Stamatelos, Kimberly Tara van Brederode, Assistant Director/ Michael Fielding, JD, Attorney and Partner, Stamatelos Office of Law & Mediation Administrator, Iowa Supreme Court Husch Blackwell LLP, Attorney Disciplinary Board James Weston, Tom Riley Law Firm PLC Breanna Young, Davis Brown Law Firm Voting Rights, Hard Won, Not Done: Honoring the Legacy of the 15th Attention Iowa Litigators and 19th Amendments – Sept. 14 Sponsored by The Iowa State Bar Association Diversity and Inclusiveness Committee and Administrative Law Section Speakers: Emily Chafa, Attorney at Law Henry Hamilton III, Administrative Law Judge Safe at Home Program – Sept. 17 Sponsored by The Iowa State Bar Association Government Practice Section Speakers: Christy Johnson, Office of Iowa Secretary of State, Safe at Home Outreach Coordinator Molly Widen, Office of Iowa Secretary of State 2020 Corporate Counsel and Trade Regulation Seminar – Sept. 18 Sponsored by The Iowa State Bar Association www.IowaMediators.org Corporate Counsel and Trade Regulation Sections

OCTOBER 2020 THE IOWA LAWYER 29 SpotlightON Service BrownWinick attorneys break fundraising record for

BrownWinick is proud to congratulate attorneys Ashley Fuhrmeister, Karen Karr and Allison Lindner on their efforts in making the 2020 Polo on the Green a record-breaking year for Variety – The Children’s Charity of Iowa. Fuhrmeister, Karr and Lindner served as co-chairs of this year’s Polo on the Green event. Typically, Polo on the Green is a fundraising event held each July which features a live polo match, live and silent auction, dinner and other live entertainment. However, due to the coronavirus pandemic, it became clear that Variety could not hold the event (which has been attended by 500 guests in the past) as originally planned. The Polo on the Green committee knew that COVID-19 would increase the needs of children we’d have to be creative when thinking marketing strategies. Donors were given in the year to come, so cancelling the of ways to continue to raise funds.” the option to direct their funds to multi- event entirely was not an option. Under Fuhrmeister, Karr and Lind- ple fund-a-need categories. The results of “For over 20 years, Polo on the Green ner’s leadership, Polo on the Green the month-long fundraising campaign ex- has raised funds to support Variety was changed into a month-long virtual ceeded everyone’s expectations – Variety and its mission of caring for Iowa fundraising event, featuring a “20 for raised a record-breaking $226,325 and children,” said Fuhrmeister, committee 20” bike campaign with a goal to fund the event’s sponsors funded 21 special- co-chair of Polo on the Green. “After 20 specialized mobility bikes for children ized mobility bikes for Iowa children. cancelling this year’s event, we knew in 2020, as well as new social media and “We are extremely grateful for our corporate sponsors who have remained true in their commitment to Variety and for those community members who have donated to the MEDIATION SERVICES fundraiser,” said Fuhrmeister, a transactional attorney at BrownWinick. Variety – the Children’s Charity is dedicated to improving the lives of children who are underprivileged, at- All types of Civil Litigation, including: risk, critically ill and living with special Business and Commercial Construction needs throughout Iowa. Funding is Employment Intellectual Property Personal Injury provided to programs and initiatives that directly impact the well-being of children in Iowa communities. In Michael A. Dee 2020, over $1.9 million in grants were 515.242.2475 awarded by Variety to 71 children’s [email protected] organizations throughout the state.

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TOM L. DREW 535 40th Street, Des Moines, IA 50312 Phone: (515) 323-5640 Fax: (515) 323-5643 Email: [email protected]