Volume 60 Number 7 July 2000 ALSO IN THIS ISSUE —— PlebiscitePlebiscite modificationsmodifications approvedapproved WhyWhy healthhealth insuranceinsurance rates riserise VLPVLP honorshonors itsits volunteersvolunteers LawpacLawpac needsneeds youyou thisthis year!year! WillWill IowaIowa UETAUETA survive?survive? YLDYLD’s’s NeumeyerNeumeyer says,says, ””AllAll aboard!aboard!““ Volume 60 Number 6 July 2000 Contents Published at 521 East Locust President’s letter . Page 5 Des Moines, Iowa 50309 Charles Corcoran, Editor 515-243-3179 BOG moves on plebiscite . Page 7 MDP committee hard at work . Page 8 Past president Smith cited . Page 9 THE IOWA STATE BAR ASSOCIATION ISBA honors VLP talent . Page 10 OFFICERS 2000-2001 President, Bruce Graves, Des Moines U of I Law students get help. Page 13 President-elect, C. Joseph Holland, Iowa City Vice President, Alan E. Fredregill, Sioux City Immediate Past President, Jay Eaton, Des Moines Why health rates increase . Page 14 Executive Director, Dwight Dinkla THE IOWA LAWYER (ISSN 1052-5327) is published monthly by The Iowa State About the Cover All aboard the YLD train. Page 16 Bar Association, 521 East Locust, Des Moines, Iowa 50309. Subscription included in membership fee. Non-members, Bruce B. Graves, a senior part- $30 per year. Periodicals postage paid at Des Moines, Iowa. LAWPAC can use your help . Page 20 Postmaster: Send address changes to The Iowa ner at the Des Moines law firm of Lawyer, 521 East Locust, Des Moines, IA 50309. Brown Winick Graves Gross The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. Baskerville & Schoenebaum, LLP, Continuing legal education calendar. Page 21 Art Director: Ann Firkins assumed the presidency of The Classified Advertising Qualifying ISBA members - 2 months free; $55 thereafter Iowa State Bar Association for Attorney disciplinary decisions . Page 22 Non-members - $70 per column inch per insertion 2000-2001 during the association’s See classified section for details. For Display Advertising Rates annual meeting last month in Des Successes in the legislature . Page 24 Contact David R. Larson (515) 987-1359; or write: Moines. His first President’s Letter The Iowa Lawyer, c/o Larson Enterprises, P.O. Box 25, Waukee, IA 50263. pinpointing the issues and chal- Classified advertising . Page 26 Communicating with The Iowa Lawyer online: lenges ahead for lawyers appears Send your comments and Letters to the Editor to [email protected]. Please include your daytime on page 5 of this issue of The Iowa phone number should we need to contact you with an She’s off to France! . Page 30 answer or for verification. Executive Director Dwight Lawyer. The ISBA occupies the Dinkla’s electronic mail address is [email protected]. third floor of the building behind Executive Assistant Judi Stout is at [email protected]. Operation stay in Iowa at Drake . Page 31 Computer Service Director Harry Shipley’s address is President Graves. [email protected]. Iowa State Bar Association Board of Governors Officers: District 4: District 8-A: Bruce B. Graves, president, Des Moines, (515) J.C. Salvo, Harlan, (712) 755-3141; Michael Moreland, Ottumwa, (641) 682-8326; 242-2400; president-elect, C. Joseph Holland, Charles L. Smith, Council Bluffs, (712) 325-9000. Rick L. Lynch, Bloomfield, (641) 664-3188. Iowa City (319) 354-0331; Alan E. Fredregill, District 5-A: District 8-B: vice president, Sioux City, (712) 255-8838; Jay Mark Otto, Newton, (641) 792-4160. Michael Vance, Mount Pleasant, (319) 385-3736. Eaton, immediate past president, Des Moines, District 5-B: Ex-Officio Member: (515) 283-3158; Dwight Dinkla, secretary, Des Marion James, Creston, (641) 782-8597. James Carney (legislative counsel) Des Moines, Moines, (515) 243-3179 District 5-C: (515) 282-6803; David Funkhouser (ABA dele- District 1-A: John K. Vernon, Des Moines, (515) 246-4511; gate) Mason City, (515) 423-6223; David Brown Marion Beatty, Decorah, (319) 382-4226; David S. Wiggins, Des Moines, (515) 225-4822; (ABA delegate) Des Moines, (515) 244-2141; Stephen Juergens, Dubuque, (319) 556-4011. Tim Pearson, Des Moines, (515) 262-9595; Diane Kutzko (ABA delegate) Cedar Rapids, District 1-B: Susan Low, Des Moines, (515) 283-4072; (319) 365-9461. Kirby Schmidt, Grundy Center, (319) 824-6951; E.J. Giovannetti, Des Moines, (515) 244-0111; YLD Officers: George L. Weilein, Waterloo, (319) 233-6163. Nan Horvat, Des Moines, (515) 286-3688; Debora Hewitt Neumeyer, president, Cedar District 2-A: Susan L. Ekstrom, Des Moines, (515) 243-6395; Rapids, (319) 294-8293; Paul Ahlers, president- C. Bradley Price, Mason City, (641) 423-1173; Carol L. Coppola, Des Moines, (515) 244-3197; elect, Fort Dodge, (515) 573-2181; Timothy James Locher, Mason City, (641) 423-2432. David C. Craig, Des Moines, (515) 288-0145; Semelroth, secretary, Cedar Rapids, (319) 365- District 2-B: Anita L. Shodeen, Des Moines, (515) 237-1186. 9200; Elisabeth Reynoldson, immediate past presi- Steven W. Hendricks, Fort Dodge, (515) 576-4127; District 6: dent, Osceola, (515) 342-2157. Jim P. Robbins, Boone, (515) 432-7114; Kevin Collins, Cedar Rapids, (319) 365-9461; Joel T. Greer, Marshalltown, (641) 752-5467. Bruce Haupert, Iowa City, (319) 338-7551; District 3-A: Darrell Morf, Cedar Rapids (319) 366-7641; David Stein, Sr., Milford, (712) 338-2431. Daniel Y. Rathjen, Tama, (641) 484-5211; Joseph Fitzgibbons, Esterville, (712) 362-7215 J. Michael Weston, Cedar Rapids, 319-366-7331. District 3-B: District 7: James Lohman, Denison, (712) 263-4627; David Dettmann, Davenport, (319) 324-3246; Dan A. Moore, Sioux City, (712) 252-0020. Jerry Van Scoy, Clinton, (319) 242-2827; Stuart P. Werling, Tipton, (319) 886-2175. July 2000 I 3 THE PRESIDENT’S LETTER THE CHALLENGES AHEAD, THE OPPORTUNITIES AHEAD Bruce Graves n the late fall of 1852, when Iowa had been a state for I do not need to tell you about declining public respect for only five years, William Willard Graves, known to his lawyers. Nor do I need to tell you that, almost to the man Ifriends as “Wilbur,” his wife, Mahala, pregnant with and woman, there is a common thread among us of com- their seventh child, traversed this new state in their covered mitment to our clients, to the highest standards of the pro- wagon with their six young children. They had traveled all fession, and to our communities, and that we are hard- the way from their former home in Knox working, decent, and honorable people. You County, Tennessee, to stake out a new home- have a right to expect this Association to pro- stead in Mills County, Iowa, near the town of Here are the vide leadership in improving the esteem in Coonville, which today is called Glenwood. issues we must which our profession is held, as well as on the There they stayed for fifteen years, adding critical issues that affect the practice of law to the new state’s population with three more confront in and the justice system. children. Then the pioneering spirit once the months Here, then, is the backdrop against which I again took hold and they decided to cross the and years take office and some of the issues I believe we Missouri River and take up residence in the must confront in the months and years ahead: new state of Nebraska. One hundred and ahead. According to several public opinion surveys twelve years later, their great, great grandson that confirm one another’s results, the per- returned to Iowa to begin his practice of law centage of Americans expressing confidence in Des Moines. And this month that same descendant is in or admiration of lawyers shrunk from 24 percent in honored to take the reins of this 127-year-old Iowa State 1978 (coincidentally, the year Bates v. Arizona was decided, Bar Association. opening the floodgates to lawyer advertising) to eight per- As I do so, let me first assure you that our Association is cent in 1998. According to the surveys, the public believes in excellent shape, and I intend to keep it that way. As a vol- that the legal profession is controlled by greed, populated untary bar association, our membership percentage is by nasty, contentious people who are not peacemakers, and among the highest (96 percent) in the country. Our 7,500 that lawyers will do anything for money. lawyers have a high degree of involvement and participation There are twice as many lawyers per capita in Iowa and in our 22 sections and 35 committees. Our finances are the U.S. today, and four times as many students in our law strong, and Dwight Dinkla and his dedicated staff do a top- schools, than there were 50 years ago. notch job in helping us accomplish our goals. And our legisla- Most Americans believe our justice system is too slow, too tive program is second to none. complicated, and too expensive, that it favors litigants who are As a voluntary bar association, of course, our continued white or rich, and is unfair to the poor and to minorities. success depends on how well we meet our members’ needs. People believe they cannot afford lawyers and are mak- During my four years on the Board of Governors and two ing efforts to avoid them; in some states, 60 percent or years as an officer, I have had the opportunity to meet and more of the divorce case filings are pro se. speak with many of you about what you need and expect More and more, people are securing their legal services from this Association. Some of you have said that the State from the Internet, from websites such as Willworks, Bar is remote and uninterested in the problems of the Startcorp, Divorceonline, Legaladviceline, Legaldocs, local bars.