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Iowa Supreme Court Opinions. PDF Print E-mail
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Written by Iowa Judical Branch   
Friday, 24 May 2013 14:00
Iowa Supreme Court Opinions

May 24, 2013

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 11–1208

STATE OF IOWA vs. CHRISTINE ANN KERN

No. 11–1448

TERRY CHRISTIANSEN vs. IOWA BOARD OF EDUCATIONAL EXAMINERS

No. 13–0128

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. SAMUEL ZACHARY MARKS

 
IRS' Lois Lerner on administrative leave PDF Print E-mail
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Written by Grassley Press   
Friday, 24 May 2013 13:52

Sen. Chuck Grassley of Iowa, a senior member of the Finance Committee with Senate jurisdiction over the IRS, today made the following comment on the employment status of Lois Lerner, the head of the IRS tax-exempt division in the middle of a debacle over the targeting of certain tax-exempt groups.

“My understanding is the new acting IRS commissioner asked for Ms. Lerner’s resignation, and she refused to resign.  She was then put on administrative leave instead.  From all accounts so far, the IRS acting commissioner was on solid ground to ask for her resignation.  She was the head of the division that the inspector general found inappropriately targeted groups over their political associations.  She had an opportunity to disclose the targeting to Congress days before her disclosure at a legal conference and didn’t do it.  Then she gave the impression that the issue came up independently at the conference, when it really was a plant that she arranged.  The IRS owes it to taxpayers to resolve her situation quickly.  The agency needs to move on to fix the conditions that led to the targeting debacle. She shouldn’t be in limbo indefinitely on the taxpayers’ dime.”

More information on Lois Lerner’s lack of disclosure of the targeting is available here

 
Smiddy Votes for Increased Boating Safety, Encourages Residents to Practice Safe Boating PDF Print E-mail
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Written by Rep. Mike Smiddy   
Friday, 24 May 2013 07:31
PORT BYRON, IL – State Rep. Mike Smiddy (D-Hillsdale) encourages local residents to practice safe boating habits in recognition of Safe Boating Week.

“Enjoying the outdoors and spending recreational time with friends and family is a part of the summer culture for many families in our area,” Smiddy said. “We should all take the necessary precautions to ensure that everyone using our waters this summer remains safe.”

Continuing efforts to increase boating safety, the legislature recently unanimously approved a proposal aimed at preventing dangerous and avoidable accidents caused by boaters operating a boat under the influence of alcohol. Under Senate Bill 1479, boat operators involved in an accident causing injury or death would be required to complete a blood alcohol level test, similar to implied consent to a chemical test for drivers involved in motor vehicle accidents.

Several other states passed or are considering similar measures.

“Boating can be dangerous activity when inexperienced operators, rough waters, and quickly changing conditions are brought together,” said Smiddy. “This initiative will help keep children, families, and friends safe by further discouraging boat operators from boating recklessly.”

The Illinois Department of Natural Resources (IDNR) reported 101boating-related accidents in 2012, including 17 deaths and 77 injuries. Wearing life vests, completing boating safety courses, and avoiding alcohol while operating a motorized boat help protect boaters from accidents and injury. IDNR offers free instructor-led safety education classes throughout the year in addition to online education programs. Information on these programs can be found at www.dnr.state.il.us/safety or by calling IDNR toll-free at (800) 832-2599.

For more information, contact Smiddy’s office at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , (309) 848-9098, or toll free at (855) 243-4988.

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Civil Air Patrol providing aerial, ground team assistance in wake of Oklahoma tornadoes PDF Print E-mail
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Written by Steve Cox   
Friday, 24 May 2013 07:25

May 23, 2013 -- MOORE, Okla. -- New information is coming in on the damage caused by the tornadoes in Oklahoma. At the request of the Department of Emergency Management for the state of Oklahoma, Civil Air Patrol is flying the tornado paths capturing high-quality imagery to assess the damage from the storms. CAP is also deploying ground teams to go block by block, house by house and document the destruction.

“The damage is difficult to see and process,” said Maj. Sam Ory, ground team leader for the initial response. “Before you get here and witness it, you really can’t imagine a storm causing this destruction.” The damage path in the Moore vicinity is estimated to be 17 miles in length and at its peak was almost 2 miles wide, with debris scattered more than 3 miles from ground zero.

CAP’s Oklahoma Wing has flown five sorties taking several hundred digital photos at the request of the state. Wing aircrews flew over the track of the tornados that hit the Shawnee and Edmond areas on Sunday, and are currently flying sorties over the track of the storm that hit Moore and surrounding communities on Monday afternoon.

Two more sorties were flown today. 

Ground teams from CAP’s Oklahoma and Kansas wings, at the request of Federal Emergency Management Agency, are taking images of every residence affected by the storm. CAP has additional ground teams responding from the Texas and Arkansas wings to assist in that task. CAP members from Alabama, Colorado, Louisiana, New Mexico, Missouri and Pennsylvania have offered to help as well.

Immediately following the tornadoes, members of CAP’s Flying Castle Composite Squadron, Edmond Composite Squadron and Cleveland County Composite Squadron responded in numbers. They assisted in search and rescue in the hardest-hit areas and provided temporary communications support to the city of Moore and logistics support in the staging areas.

“More than 100 members from four wings are assisting with air and ground team efforts, and the number of requests is growing by the hour,” said Lt. Col. Russell Davis, CAP’s incident commander for the Oklahoma tornado response. “CAP’s unpaid professionals are ever vigilant, trained and ready to serve our fellow citizens when disaster strikes.  Additional CAP volunteers from across the nation will join forces with us, as needed, to get the job done.”

In addition to their flights for the state, members of the Oklahoma Wing are providing air and ground sorties to a combat camera team from Air Combat Command, which plans to do a story on military support of the ongoing relief efforts.

Civil Air Patrol (CAP), the official auxiliary of the U.S. Air Force, is a nonprofit organization chartered by Congress in 1941 with a 501(c)3 designation and pre-dates the Air Force. CAP consists of 61,000 unpaid professional members nationwide, and operates a fleet of 550 aircraft. CAP, in its Air Force auxiliary role, performs 90 percent of continental U.S. inland search and rescue missions as tasked by the Air Force Rescue Coordination Center (AFRCC) and is credited by the AFRCC with saving an average of 80 lives annually. Its unpaid professionals also perform homeland security, disaster relief and drug interdiction missions at the request of federal, state and local agencies. The members play a leading role in aerospace education and serve as mentors to more than 26,000 young people currently participating in the CAP cadet programs. CAP is a force multiplier to the Air Force CAP received the World Peace Prize in 2011 and has been performing missions for America for 71 years. CAP also participates in Wreaths Across America, an initiative to remember, honor and teach about the sacrifices of U.S. military veterans.

 
Senator Durbin To Meet with Faith Coalition for the Common Good’s African-American & Latino Immigration Reform Leaders on Monday, May 27 at First Lutheran Church PDF Print E-mail
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Written by Veronica Resa   
Wednesday, 22 May 2013 16:01

(Illinois) --On Monday, May 27, 2013, as we honor the fallen during the Memorial Day weekend holiday -- leaders, activists and immigrants fighting for a pathway to citizenship --will meet at the First Lutheran Church, 301 W. 4th Street in Beardstown, Illinois, from 10:30 a.m. to 12:00, to speak directly with U.S. Senator Dick Durbin about the immigration reform bill.

Immigrants from the community will also share their dreams and stories of struggle and heartbreak in their adopted homeland.  “We are grateful that Senator Durbin is taking time during this holiday weekend to listen to the struggles of our immigrant population,” says Sam Komla, President of Beardstown Immigrant Families United, a member of the Faith Coalition for the Common Good.  “We are also looking forward to hearing updates about the movement of the immigration bill from the Senate to the House.”

Directly following the meeting with Senator Durbin, there will be a an opportunity for those attending, to participate in a “DREAM FOR ALL” postcard signing campaign, with the goal of 1000 signed postcards which will be presented to Congressman Aaron Schock at a later date.  The postcards ask for compassionate immigration reform now.

Faith Coalition for the Common Good is a Gamaliel affiliate. During the month of May, Gamaliel affiliates across the country are holding Sacred Conversations: A Time to Tell Our Stories about Immigration.  Many of these conversations are open to the public and the goal is to lift-up the stories of immigrants vying for a clear expedited path to citizenship in the United States.

“While congress dithers and collects paychecks during sequestration, jail and shackles have become our immigration policy, a policy that tears families apart and devastates communities,” says Executive Director Ana Garcia-Ashley. “We must work harder to make immigration reform happen now. People’s lives and dreams are at stake.”

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