23 May 2014

Iowa Supreme Court Opinions May 23, 2014

By Iowa Judicial Branch
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. 13-0146

HAWKEYE LAND COMPANY vs. IOWA UTILITIES BOARD

No. 13-1082

VELMA J. HUSSEMANN, By Her Next Friend and Attorney-In-Fact MARCELLA D. RITTER vs. HERBERT J. HUSSEMANN JR. and ROBERT J. HUSSEMANN, as Trustees of the HERBERT J. HUSSEMANN INTER VIVOS TRUST AGREEMENT, dated June 3, 1991

No. 13-1333

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. JOHN MICHAEL CARTER
16 May 2014

Iowa Supreme Court Opinions May 16, 2014

By Iowa Judicial Branch
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. 12-0649

RICK BERTRAND vs. RICK MULLIN and THE IOWA DEMOCRATIC PARTY

No. 12-2221

STATE OF IOWA vs. TONY GENE LUKINS
16 May 2014

Supreme Court Approves Grants to Support Civil Legal Services for Low-Income Iowans

By Iowa Judicial Branch

Des Moines, May 15, 2014–The Iowa Supreme Court has approved more than $282,000 in grants to non-profit programs that provide legal assistance to low-income Iowans with civil legal problems. The court awarded grants to fifteen different organizations throughout Iowa. The grants are funded by the Interest on Lawyers' Trust Account (IOLTA) program. With this year's grants, the supreme court has awarded more than $24 million in IOLTA grants since the program began on July 1, 1985.

"These grants help low-income and elderly Iowans with serious civil problems have their day in court or obtain advice or the relief they need," Chief Justice Mark Cady said. "Many of these grants go to statewide projects, but others target specific communities from Sioux City to Davenport and from Mason City to Centerville. Without these grants, many Iowans would never find relief from domestic abuse, fraud and other injustices."

IOLTA grant funds are generated entirely from interest earned on certain pooled trust accounts held by Iowa lawyers. Lawyers practicing law in Iowa are required by court order to deposit clients' funds the lawyers hold in interest-bearing accounts. When the funds involved are so small in amount or held for such a brief period of time that it is not possible for the funds to economically benefit the individual client, court rules require that lawyers deposit the funds in pooled interest-bearing trust accounts.

The IOLTA program is managed by a seven-member commission that reviews grant applications and then makes award recommendations to the supreme court. In the 29-year history of the IOLTA program, the supreme court has awarded most of the grants to organizations that assist low-income Iowans with civil legal problems such as divorce, domestic abuse, unsafe housing, and illegal evictions. The court has also presented grants to law-related education projects. IOLTA grants do not support criminal legal defense.

The following grants will be awarded for the fiscal year beginning July 1, 2014, and ending June 30, 2015:

Iowa Legal Aid (Des Moines)–$121,530.00

For legal staff in Iowa Legal Aid regional offices for an established program of civil case assistance to low-income Iowans (service area: statewide).

HELP Through Education and Law Program, Inc. (Davenport)–$21,090.00

For legal staff to offer civil legal assistance to indigent and elderly persons, particularly in the areas of domestic relations, community legal education, service to the institutionalized elderly and domestic abused, and administrative advocacy (service area: Scott and Clinton counties).

Muscatine Legal Services–$6,755.00

For legal staff to maintain an existing program of civil legal assistance to low-income residents (service area: Muscatine County).

Legal Aid Society of Story County (Nevada)–$8,270.00

For legal staff support to offset demand for legal assistance for low-income persons (service area: Story County).

Polk County Bar Association Volunteer Lawyers Project (Des Moines)–$30,920.00

For staff for volunteer lawyer referral service in Polk County serving the low-income community (service area: Polk County),.

Sioux County Low Fee Panel, Sioux County Bar Association (Sioux Center)–$1,860.00

Funds civil legal assistance for economically disadvantaged individuals in the Sioux County area (service area: Sioux County).

The Iowa State Bar Association Public Service Project (Des Moines)–$31,330.00

For staff and technical support to increase the participation of attorneys in existing volunteer lawyer projects for indigent Iowans and provide assistance to legal service agencies (service area: statewide).

Civil Legal Assistance Fund, Second Judicial District (Mason City)–$5,900.00

Funds civil legal assistance to low-income fathers, mothers, or children involved in dissolution of marriage or modification cases in which other legal assistance is not available (service area: Second Judicial District).

Know Your Constitution Committee of the Young Lawyers Division, The Iowa State Bar Association (Des Moines)–$2,180.00

Funds for the Know Your Constitution Program, which provides education to Iowa high school students about the United States Constitution (service area: statewide).

Clinical Law Program, Drake University Law School Legal Clinic (Des Moines)–$8,600.00

Funds to continue the Poverty Law Internship Program, a clinical law program in which upper level law students intern with legal service providers throughout the state (service area: statewide).

Iowa Legal Aid (Des Moines)–$20,670.00

For legal staff support to continue the Legal Hotline for Older Iowans (service area: statewide).

Iowa Coalition Against Sexual Assault (Des Moines)–$5,200.00

Funds law-related education and attorney training specific to the issues of sexual assault on Iowa youth (service area: statewide).

Iowa Justice For Our Neighbors (Des Moines)–$5,900.00

Funds legal services to low-income immigrants involved in removal proceedings or other immigration-law matters (service area: statewide).

Kids First Law Center (Cedar Rapids)–$3,130.00

Funds legal services to children in high-conflict divorce and custody cases when their parents cannot afford counsel[for them (service area: Linn and Johnson counties).

Centerville Community Betterment (Centerville)–$2,950.00

Funds civil legal assistance for economically disadvantaged individuals in the Appanoose County and Monroe County areas (Service area: Appanoose and Monroe counties).

Civil Legal Assistance Fund, Third Judicial District (Sioux City)–$5,900.00

Funds civil legal assistance to low-income fathers, mothers, or children involved in dissolution of marriage or modification cases in which other legal assistance is not available (service area: Third Judicial District).

For further information contact:

Office of Professional Regulation

Judicial Branch Building

1111 East Court Avenue

Des Moines, IA 50319

Telephone: (515) 725-8029

# # #

14 May 2014

Supreme Court Seeks Public Comment on Proposed Amendments to Rules for Licensing Iowa Lawyers

By Iowa Judicial Branch

Des Moines, May 13, 2014–Today, the Iowa Supreme Court issued an order requesting public comment on The Iowa State Bar Association's (ISBA) recommendation to allow graduates of Iowa's two law schools to automatically be licensed to practice law in Iowa without taking the Iowa Bar Examination. Under the recommendation, graduates of Drake University Law School and the University of Iowa College of Law would still be required to pass the character and fitness requirement.

The recommendation, called the "diploma privilege," would require amending Chapter 31 (Admission to the Bar) of the Iowa Court Rules. The supreme court believes written comments and testimony at a public hearing will be helpful before considering the ISBA's recommendations. Wisconsin is the only state currently offering a form of the diploma privilege.

The supreme court order also requests public comment on the ISBA recommendation to adopt the Uniform Bar Examination for applicants who would not qualify for the automatic licensing, such as the graduate of a law school outside of Iowa.

The Iowa Supreme Court has exclusive authority over the admission and practice of attorneys in the State of Iowa. Currently, attorneys in Iowa must have a juris doctorate (J.D.) degree from an accredited law school, be of good moral character and fitness, and pass the Iowa Bar Examination. The three-day bar exam consists of the Multistate Bar Exam (two hundred multiple choice questions), the Multistate Essay Exam (six, thirty-minute essay questions), the Multistate Performance Test (two, ninety-minute questions), and the Multistate Professional Responsibility Exam (sixty multiple-choice questions).

Any interested organization, agency, or person may submit comments regarding the ISBA's recommendations. Comments sent by email must be emailed to rules.comments@iowacourts.gov, must state "Bar Admission Process" in the subject line of the email, and must be sent as an attachment to the email in Microsoft Word format. Comments also may be delivered in person or mailed to the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, Iowa, 50319. Any comments received may be posted on the Iowa Judicial Branch website. The deadline for submitting comments is 4:30 p.m. on July 14, 2014. The public hearing is scheduled for August 27, 2014, in the Iowa Supreme Court courtroom. The court will determine presenters at a later date.

The following information is posted on the Iowa Judicial Branch website at

http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Orders/

  • · The supreme court order
  • · The ISBA's report and recommendations, including proposed amendments to chapter 31 of the Iowa Court Rules
  • · A staff report providing additional information on the diploma privilege, the current format of the Iowa Bar Examination, and the Uniform Bar Examination.

 

# # #

2014

 

Iowa Supreme Court

1111 East Court Avenue

Des Moines, IA 50319

515-281-3952
09 May 2014

Iowa Supreme Court Opinions May 9, 2014

By Iowa Judicial Branch
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. 11-1685

STATE OF IOWA vs. BRIAN M. KENNEDY

No. 12-0302

ALAN ASHER and LARYSA ASHER, as Parents and Next Friends of ALEXANDRA ASHER, a minor, and ALAN ASHER and LARYSA ASHER, Individually vs. OB-GYN SPECIALISTS, P.C., and ANTHONY A. ONUIGBO, M.D.

No. 12-0919

NICOLE LARA SHUMATE vs. DRAKE UNIVERSITY a/k/a DRAKE UNIVERSITY LAW SCHOOL

No. 13-1158

AFSCME IOWA COUNCIL 61 vs. IOWA PUBLIC EMPLOYMENT RELATIONS BOARD

No. 13-1372

EDWARD P. HAGEN vs. SIOUXLAND OBSTETRICS & GYNECOLOGY, P.C., an Iowa Corporation, PAUL J. EASTMAN, TAUHNI T. HUNT, and ANGELA J. ALDRICH
02 May 2014

Iowa Supreme Court Opinions May 2, 2014

By Iowa Judicial Branch
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. 12-0139

STATE OF IOWA vs. CRAIG E. HARRISON

No. 12-2088

DENNIS H. HAGENOW and ROSALEE A. HAGENOW vs. AMERICAN FAMILY MUTUAL INSURANCE COMPANY

No. 13-0778

DAVID P. GARR JR. and JULIE A. GARR vs. CITY OF OTTUMWA, IOWA
30 Apr 2014

Court Rules & Forms

By Iowa Judicial Branch

In the Matter of Chapter 25 of the Iowa Court Rules (April 29, 2014)

Further amendments to rules and forms of Chapter 25
Effective May 1, 2014

Order (43 kb)


Chapter 25, Rules for Expanded News Media Coverage (246 kb)


Chapter 25, EMNC forms (544 kb)


Summary of Amendments to Chapter 25 (203 kb)



In the Matter of Amendments to Division III of the Iowa Court Rules (April 25, 2014)

Order (45 kb)


Rule Changes for Law Student Registration & Lawyer Reporting Dates (98 kb)



In the Matter of Chapter 25 of the Iowa Court Rules (April 2, 2014)

Effective May 1, 2014

Order (115 kb)


Chapter 25, Rules for Expanded News Media Coverage (245 kb)


Chapter 25, EMNC forms (512 kb)


Summary of Amendments to Chapter 25 (201 kb)



In the Matter of Chapter 17 of the Iowa Court Rules and Self Represented Litigant Forms for Disestablishing Legal Parent (March 26, 20140

Order (73 kb)


Rule 17.200 Family law forms for dissolution of marriage with dependent children (129 kb)


Form 212: Joint Statement on Legal Parent (501 kb)


Form 213: Motion to Disestablish Legal Parent (504 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Student Practice (March 21, 2014)

Order (29 kb)


Rule 31.15 Student Practice Rule (152 kb)


OPR Memo Re: Amendment of Student Practice Rule (65 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Continuing Legal Education (March 21, 2014)

Order (28 kb)


Chapters 41 and 42 (176 kb)


OPR Memo Re: Distance Education Changes as Adopted (65 kb)



In the Matter of Adoption of New Chapter 17 Forms for Applications to Modify Child Support in the Iowa Court Rules (March 6, 2014)

Order (406 kb)


Rule (127 kb)


Forms (1451 kb)


Guide (492 kb)



In the Matter of Chapter 17 of the Iowa Court Rules and Adoption of New Forms for Dissolutions of Marriage with Children (December 19, 2013)

Order (79 kb)


Divorce Forms for Self Represented Litigants With Minor Children (4394 kb)


Guide to Representing Yourself in an Iowa Divorce Case with Minor Children (543 kb)


Chapter 17 of the Iowa Court Rules (153 kb)



In the Matter of Amendments to Division III of the Court Rules Regarding the Client Security Trust Fund (November 26, 2013)

Order (160 kb)


Office of Professional Regulation Memorandum (118 kb)


Chapter 39 and 40 (141 kb)



In the Matter of Adoption of New Forms for Dissolutions of Marriage with no Minor Children (November 6, 2013)

Order (60 kb)


Divorce Forms for Self Represented Litigants With No Minor Children (2415 kb)


Guide to Representing Yourself in an Iowa Divorce Case with no Minor Children (445 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (October 22, 2013)

Supervisory Order (66 kb)


Rules 16.302, 16.320, 16.701 (132 kb)



In the Matter of the New Rule of Juvenile Procedure (October 16, 2013)

Juvenile Procedure 8.36

Order (125 kb)


Rule 8.36 (253 kb)


Standards of Practice (309 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (August 22, 2013)

Effective immediately

Order (25 kb)


Chapter 31, Admission to the Bar (214 kb)



In the Matter of Adoption of Clarifying Comments (June 13, 2013)

Iowa Rule of Professional Conduct 32:1.13
Effective immediately

Order (61 kb)



In the Matter of Iowa Court Rules New Chapter 26 (June 4, 2013)

Rules for Installment Payment Plans and Other Court Collection Activities
Effective July 1, 2013

Order (253 kb)


Chapter 26 (294 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 9 (May 9, 2013)

Child Support Guidelines
Effective July 1, 2013

Order (69 kb)


Chapter 9, Child Support Guidelines (2035 kb)


Child Support Guidelines Review Committee Final Report (2595 kb)



In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)

The Iowa Supreme Court has approved rules governing electronic appellate processes. The rules, to be contained in the Chapter 16 court rules pertaining to EDMS, are prospective only. The court will announce an effective date for the rules and for implementation of electronic filing in the appellate courts at a later date.

Order (63 kb)



In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)

The Iowa Supreme Court has amended the rules of appellate procedure contained in chapter 6 of the Iowa Court Rules and has rescinded and rewritten the rules governing the organization and procedures of appellate courts contained in Chapter 21 of the Iowa Court Rules.
Effective May 3, 2013

Order (74 kb)


Chapter 6 and Chapter 21 (116 kb)



In the Matter of Adoption of an Emeritus Pro Bono Practice Rule (March 1, 2013)

The Iowa Supreme Court has adopted an emeritus pro bono practice rule (Iowa Court Rule 31.19) that encourages retired or retiring Iowa attorneys, including attorneys licensed in other states, to provide volunteer legal services on behalf of legal aid organizations serving low income persons in Iowa.
Effective immediately

Order and Rule Amendments (323 kb)



In the Matter of New Rule of Civil Procedure (December 6, 2012)

The Iowa Supreme Court has approved the addition of rule 1.1702 to the Iowa Rules of Civil Procedure providing a uniform process for interstate depositions and discovery.

Supervisory Order (157 kb)



In the Matter of Amendments to the Iowa Court Rules (November 8, 2012)

Forms Regarding Appointment of Counsel
Temporarily adopting the attached forms, effective immediately. Forms permanently take effect January 7, 2013.

Supervisory Order and Forms Regarding Appointment of Counsel (294 kb)



In the Matter of Iowa Court Rule 31.16 (Sept. 13, 2012)

Registration of House Counsel
Effective immediately

Order (49 kb)


Chapter 31 (272 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (Sept. 13, 2012)

Chapter 3 of the Iowa Court Rules -- Form 3.27:Verification of Account
Effective immediately

Order (90 kb)


Chapter 3, Form 3.27 (45 kb)



In the Matter of Amendments to the Iowa Court Rules Governing Lawyer Advertising (August 28, 2012)

Effective January 1, 2013

Order and Chapter 32 (1114 kb)



In the Matter of Amendments to Iowa Court Rules 35.17 and 42.1 (August 24, 2012)

Effective immediately

Order, Rule 35.17 and 42.1 (66 kb)



In the Matter of Amendment of Iowa Court Rule 35.1 (August 24, 2012)

Effective immediately

Order, Rule 35.1 (56 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (July 13, 2012)

Effective immediately

Order, Rule 31.11(3), and OPR change to rule 31.12 (119 kb)



In the Matter of Chapter 13 of the Iowa Court Rules (July 5, 2012)

Supervisory Order, Chapter 13 (516 kb)



In the Matter of Chapter 13 of the Iowa Court Rules (June 29, 2012)

Order, Chapter 13 and Forms (1418 kb)



In the Matter of Amendments to Rules of Appellate Procedure (May 21, 2012)

6.1005 Regarding Frivolous Appeals and Withdrawal of Counsel (Including Related Changes to Other Rules)
Effective immediately

Order (147 kb)


Rule 6.1005 (194 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (May 7, 2012)

Chapter 3 of the Iowa Court Rules is rescinded effective July 1, 2012, and revised Chapter 3 is adopted. Until July 1, 2012, parties may use either the current pleadings forms or the new pleadings forms.

Order (129 kb)


Chapter 3 -- Small Claims forms (711 kb)



In the Matter of Amendments to Iowa Court Rules Regulating the Practice of Law (May 2, 2012)

Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam.
Amended effective immediately

Nunc Pro Tunc (59 kb)


OPR Rules Revisions (Strikethrough version) (4618 kb)


OPR Rules Revisions (Final version) (396 kb)



In the Matter of Amendments to Iowa Court Rule 32:7.4 (March 12, 2012)

The Court adds Veterans Law to the list of fields of practice and specialization.

Order (80 kb)



Iowa Courts Rules

The Chief Justice has signed a supplemental order specifying the effective date of the amendment to Rule 41.3(2)

Supplemental Order (35 kb)



Iowa Court Rules (February 20, 2012)

Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam.
Amended effective immediately

Order (183 kb)


Amendments (10043 kb)


Summary of Amendments (87 kb)
28 Apr 2014

Iowa Supreme Court FURTHER REVIEW VOTING RESULTS.

By Iowa Judicial Branch

DENIED:

NUMBER

COUNTY

CASE NAME

12-0955

Black Hawk

State v. Donnan

12-2101

Dubuque

Wright v. State

12-2164

Polk

State v. Carr

12-2182

Johnson

State v. Smidl

12-2274

Bremer

State v. Yungtum

13-0031

Plymouth

State v. Jandreau

13-0131

Johnson

State v. Gronstal

13-0165

Black Hawk

State v. Glasper

13-0209

Buchanan

Hay v. State

13-0536

Johnson

Browne v. City of Iowa City

13-0687

Webster

State v. Trueblood






GRANTED:

NUMBER

COUNTY

CASE NAME

12-1065

Linn

State v. Walker


April 22, 2014

April 1, 2014

February 26, 2014

January 13, 2014
28 Apr 2014

Recent Amendment to Iowa Court Rules.

By Iowa Judicial Branch

 

 
In the Matter of Amendments to Division III of the Iowa Court Rules (April 25, 2014)

Order (45 kb)


Rule Changes for Law Student Registration & Lawyer Reporting Dates (98 kb)



In the Matter of Chapter 25 of the Iowa Court Rules (April 2, 2014)

Effective May 1, 2014

Order (115 kb)


Chapter 25, Rules for Expanded News Media Coverage (245 kb)


Chapter 25, EMNC forms (512 kb)


Summary of Amendments to Chapter 25 (201 kb)



In the Matter of Chapter 17 of the Iowa Court Rules and Self Represented Litigant Forms for Disestablishing Legal Parent (March 26, 20140

Order (73 kb)


Rule 17.200 Family law forms for dissolution of marriage with dependent children (129 kb)


Form 212: Joint Statement on Legal Parent (501 kb)


Form 213: Motion to Disestablish Legal Parent (504 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Student Practice (March 21, 2014)

Order (29 kb)


Rule 31.15 Student Practice Rule (152 kb)


OPR Memo Re: Amendment of Student Practice Rule (65 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Continuing Legal Education (March 21, 2014)

Order (28 kb)


Chapters 41 and 42 (176 kb)


OPR Memo Re: Distance Education Changes as Adopted (65 kb)



In the Matter of Adoption of New Chapter 17 Forms for Applications to Modify Child Support in the Iowa Court Rules (March 6, 2014)

Order (406 kb)


Rule (127 kb)


Forms (1451 kb)


Guide (492 kb)



In the Matter of Chapter 17 of the Iowa Court Rules and Adoption of New Forms for Dissolutions of Marriage with Children (December 19, 2013)

Order (79 kb)


Divorce Forms for Self Represented Litigants With Minor Children (4394 kb)


Guide to Representing Yourself in an Iowa Divorce Case with Minor Children (543 kb)


Chapter 17 of the Iowa Court Rules (153 kb)



In the Matter of Amendments to Division III of the Court Rules Regarding the Client Security Trust Fund (November 26, 2013)

Order (160 kb)


Office of Professional Regulation Memorandum (118 kb)


Chapter 39 and 40 (141 kb)



In the Matter of Adoption of New Forms for Dissolutions of Marriage with no Minor Children (November 6, 2013)

Order (60 kb)


Divorce Forms for Self Represented Litigants With No Minor Children (2415 kb)


Guide to Representing Yourself in an Iowa Divorce Case with no Minor Children (445 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (October 22, 2013)

Supervisory Order (66 kb)


Rules 16.302, 16.320, 16.701 (132 kb)



In the Matter of the New Rule of Juvenile Procedure (October 16, 2013)

Juvenile Procedure 8.36

Order (125 kb)


Rule 8.36 (253 kb)


Standards of Practice (309 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (August 22, 2013)

Effective immediately

Order (25 kb)


Chapter 31, Admission to the Bar (214 kb)



In the Matter of Adoption of Clarifying Comments (June 13, 2013)

Iowa Rule of Professional Conduct 32:1.13
Effective immediately

Order (61 kb)



In the Matter of Iowa Court Rules New Chapter 26 (June 4, 2013)

Rules for Installment Payment Plans and Other Court Collection Activities
Effective July 1, 2013

Order (253 kb)


Chapter 26 (294 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 9 (May 9, 2013)

Child Support Guidelines
Effective July 1, 2013

Order (69 kb)


Chapter 9, Child Support Guidelines (2035 kb)


Child Support Guidelines Review Committee Final Report (2595 kb)



In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)

The Iowa Supreme Court has approved rules governing electronic appellate processes. The rules, to be contained in the Chapter 16 court rules pertaining to EDMS, are prospective only. The court will announce an effective date for the rules and for implementation of electronic filing in the appellate courts at a later date.

Order (63 kb)



In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)

The Iowa Supreme Court has amended the rules of appellate procedure contained in chapter 6 of the Iowa Court Rules and has rescinded and rewritten the rules governing the organization and procedures of appellate courts contained in Chapter 21 of the Iowa Court Rules.
Effective May 3, 2013

Order (74 kb)


Chapter 6 and Chapter 21 (116 kb)



In the Matter of Adoption of an Emeritus Pro Bono Practice Rule (March 1, 2013)

The Iowa Supreme Court has adopted an emeritus pro bono practice rule (Iowa Court Rule 31.19) that encourages retired or retiring Iowa attorneys, including attorneys licensed in other states, to provide volunteer legal services on behalf of legal aid organizations serving low income persons in Iowa.
Effective immediately

Order and Rule Amendments (323 kb)



In the Matter of New Rule of Civil Procedure (December 6, 2012)

The Iowa Supreme Court has approved the addition of rule 1.1702 to the Iowa Rules of Civil Procedure providing a uniform process for interstate depositions and discovery.

Supervisory Order (157 kb)



In the Matter of Amendments to the Iowa Court Rules (November 8, 2012)

Forms Regarding Appointment of Counsel
Temporarily adopting the attached forms, effective immediately. Forms permanently take effect January 7, 2013.

Supervisory Order and Forms Regarding Appointment of Counsel (294 kb)



In the Matter of Iowa Court Rule 31.16 (Sept. 13, 2012)

Registration of House Counsel
Effective immediately

Order (49 kb)


Chapter 31 (272 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (Sept. 13, 2012)

Chapter 3 of the Iowa Court Rules -- Form 3.27:Verification of Account
Effective immediately

Order (90 kb)


Chapter 3, Form 3.27 (45 kb)



In the Matter of Amendments to the Iowa Court Rules Governing Lawyer Advertising (August 28, 2012)

Effective January 1, 2013

Order and Chapter 32 (1114 kb)



In the Matter of Amendments to Iowa Court Rules 35.17 and 42.1 (August 24, 2012)

Effective immediately

Order, Rule 35.17 and 42.1 (66 kb)



In the Matter of Amendment of Iowa Court Rule 35.1 (August 24, 2012)

Effective immediately

Order, Rule 35.1 (56 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (July 13, 2012)

Effective immediately

Order, Rule 31.11(3), and OPR change to rule 31.12 (119 kb)



In the Matter of Chapter 13 of the Iowa Court Rules (July 5, 2012)

Supervisory Order, Chapter 13 (516 kb)



In the Matter of Chapter 13 of the Iowa Court Rules (June 29, 2012)

Order, Chapter 13 and Forms (1418 kb)



In the Matter of Amendments to Rules of Appellate Procedure (May 21, 2012)

6.1005 Regarding Frivolous Appeals and Withdrawal of Counsel (Including Related Changes to Other Rules)
Effective immediately

Order (147 kb)


Rule 6.1005 (194 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (May 7, 2012)

Chapter 3 of the Iowa Court Rules is rescinded effective July 1, 2012, and revised Chapter 3 is adopted. Until July 1, 2012, parties may use either the current pleadings forms or the new pleadings forms.

Order (129 kb)


Chapter 3 -- Small Claims forms (711 kb)



In the Matter of Amendments to Iowa Court Rules Regulating the Practice of Law (May 2, 2012)

Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam.
Amended effective immediately

Nunc Pro Tunc (59 kb)


OPR Rules Revisions (Strikethrough version) (4618 kb)


OPR Rules Revisions (Final version) (396 kb)



In the Matter of Amendments to Iowa Court Rule 32:7.4 (March 12, 2012)

The Court adds Veterans Law to the list of fields of practice and specialization.

Order (80 kb)



Iowa Courts Rules

The Chief Justice has signed a supplemental order specifying the effective date of the amendment to Rule 41.3(2)

Supplemental Order (35 kb)



Iowa Court Rules (February 20, 2012)

Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam.
Amended effective immediately

Order (183 kb)


Amendments (10043 kb)


Summary of Amendments (87 kb)
25 Apr 2014

Iowa Supreme Court Opinions April 25, 2014

By Iowa Judicial Branch
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. 13-0964

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. WILLIAM S. MORRIS

No. 13-1606

IN THE INTEREST OF J.S. & N.S., Minor Children, A.S., Mother

Pages

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