30 Aug 2012

Court Updates Rules for Lawyer Advertising

By Iowa Judicial Branch

Des Moines, August 29, 2012– Today, the Iowa Supreme Court approved amendments to the Iowa Court Rules governing lawyer advertising. The amendments bring the Iowa rules closely in line with the American Bar Association Model Rules of Professional Conduct governing lawyer advertising and communications to the public. The Iowa revision is designed to update, clarify, and strengthen advertising rules in the digital age while providing the public with useful information about Iowa lawyers.

The supreme court has the sole responsibility to admit persons to practice as lawyers in the courts of Iowa, to prescribe rules to supervise lawyer conduct, and to discipline lawyers.

"With more lawyers and citizens using the internet and social media it is important to update the advertising rules to clarify how lawyers can use these new technologies," Chief Justice Mark Cady said. "The ABA model code ensures a continuation of the high ethical standards Iowa lawyers follow, brings Iowa's rules in line with the rules in neighboring states, and will ensure that Iowans in need of legal representation receive reliable information about Iowa lawyers."

Illinois, Minnesota, Nebraska, and Wisconsin also follow the current ABA model rules governing lawyer advertising.

Prior to adopting the new rules, the supreme court established a 16-member committee to study the ABA model rules and make recommendations to the court regarding adoptions of these rules in Iowa. The committee, chaired by Justice David Wiggins, included law professors who specialize in ethics, lawyers who reside and practice in communities that border or are near neighboring states, lawyers who have special expertise in information technology and in media, a retired journalism professor, and the head of the court's attorney discipline office. Over the course of a year, the committee held meetings, conducted research, solicited public comment, and held public hearings before providing its recommendations to the court.

The new rules allow Iowa lawyers to participate in all forms of advertising, except direct solicitation, as long as the information they provide the public is not false or misleading. The new rules also provide guidance on how to prevent the inadvertent creation of a client-lawyer relationship to lawyers who communicate in "real time" by telephone or the internet.

An additional rule requires any lawyer or law firm using a trade name or an internet address that does not mimic the name of the firm (in advertising or to communicate to the public) to disclose the name and address of one or more of the lawyers licensed to practice in Iowa.

"This new rule will ensure that Iowans searching the internet or telephone book for a lawyer will know whether the lawyer is an Iowa lawyer or an out of state lawyer with no physical presence in the state," Justice David Wiggins, chair of the committee, said. "Iowa lawyers are ethical and very qualified to represent Iowa citizens in all areas of law. It is important that when an Iowan is making the choice to hire a lawyer he or she knows whether the lawyer they are considering is an Iowa lawyer or merely an out of state lawyer advertising in the state."

 

The amended rules will take effect January 1, 2013. Information about the process used to update the rules and the public's comments on the rules are on the Judicial Branch website at

http://www.iowacourts.gov/Committee_to_Study_Lawyer_Advertising_Rules/

The updated rules are on the Judicial Branch website at

http://www.iowacourts.gov/Court_Rules_and_Forms/Recent_Amendments__New_Rules/

 

# # #

28 Aug 2012

Iowa Supreme Court Requests for Further Review

By Iowa Judicial Branch
The supreme court recently issued an order either granting or denying application for further review in the cases listed below.

 

 

FURTHER REVIEW RESULTS

August 8, 2012

 

DENIED:

 

 

NUMBER

COUNTY

CASE NAME

 

 

 

10-0552

Black Hawk

State v. Kirby

10-1462

Johnson

In re Det. of Johnson

10-1819

Crawford

Velazquez-Ramirez v. State

11-0392

Howard

Lalk v. Bernabe

11-0520

Des Moines

State v. Russell

11-0732

Scott

State v. Miller

11-0777

Webster

State v. Konvalinka

11-0796

Polk

In re Marriage of Casten

11-0846

Clarke

Mastio v. State Pub. Defender

11-0847

Mahaska

State v. Pace

11-0876

Floyd

In re Marriage of Robert

11-0883

Johnson

Christian v. State

11-1028

Dubuque

Konzen v. Goedert

11-1039

Scott

Jefferson v. State

11-1146

Buena Vista

Stone v. Stone

11-1162

Pottawattamie

Rolling Hills Bank & Trust v. Vetter

11-1163

Pottawattamie

Rolling Hills Bank & Trust v. Venner

11-1221

Johnson

State v. Whitacre

11-1278

Des Moines

State v. Wixom

11-1309

Story

State v. Bryant

11-1340

Woodbury

State v. Poulson

11-1357

Woodbury

Albert v. Meadows

11-1359

Audubon

State v. Emgarten

11-1426

Polk

State v. Amadeo

11-1442

Dubuque

Nitsos v. EAB

11-1449

Black Hawk

Budreau v. Schmitz

11-1499

Polk

Village Credit Union v. Bryant

11-1523

Scott

State v. Bullock

11-1536

Tama

State v. Steffen

11-1623

Cerro Gordo

State v. Jones

11-1661

Scott

State v. Clay

11-1862

Polk

ABF Freight Sys. v. Veenendaal

12-0516

Polk

In re L.M.

12-0768

Scott

In re N.T.J.

12-0772

Poweshiek

In re M.E.

12-0935

Linn

In re E.W.

 

 

 

 

GRANTED:

 

 

NUMBER

COUNTY

CASE NAME

 

 

 

11-0553

Polk

St. John's Full Gospel Baptist Church v. Tax 207

11-0603

Adair

In re Estate of Nelson

11-0927

Plymouth

State v. Clay

11-1398

Linn

In re Marriage of Kimbro

11-2031

Warren

State v. Iowa Dist. Ct.

 

 

10 Aug 2012

Information about Iowa Judges and Retention Election Available on Iowa Judicial Branch Website

By Iowa Judicial Branch

Des Moines,  August 9, 2012?Iowa voters can find information about the professional qualifications and background of every judge on the November 6th retention ballot at the Iowa Judicial Branch website?www.iowacourts.gov.

The 2012 Iowa Voters Judicial Directory contains biographies of each of the justices and judges on the ballot. These biographies include information about each judge's background and education, career, and professional and community activities. The directory also contains information about Iowa's judicial retention elections, as well as factors voters may want to consider when deciding whether to retain a justice or judge.

Today, The Iowa State Bar Association released the results of a performance evaluation by Iowa lawyers, providing Iowa voters with additional information about judges on the ballot. The evaluation asks members of the association to rate judges on a number of issues, including knowledge and application of the law, temperament, communication skills, timeliness of rulings, and impartiality. The performance evaluation also asks lawyers to state whether each judge should be retained.

In1962, Iowa voters approved a constitutional amendment that replaced the unpopular process of selecting judges by general elections based on political party politics with a nonpartisan merit selection and retention process. In the merit selection system, a nonpartisan commission reviews the qualifications of applicants for judicial office. Once the commission screens and interviews applicants, it forwards a slate of nominees to the governor who makes the final appointment. Merit selection and retention focuses on the professional qualifications of judges?experience, legal expertise and knowledge, judicial temperament, and promotion of a fair, impartial, and accountable judiciary.

After serving a full year on the bench, every justice and judge must stand for retention at the next general election, and then near the end of each regular term of office. In a retention election, judges do not have opponents. Instead, voters decide whether to retain a judge based on the judge's professional competency. If a judge receives a majority of "yes" votes, the judge may serve another full term.

# # #

06 Aug 2012

Proposed New Rule for Iowa Court Rules

By Iowa Judicial Branch

This section of the site contains orders of statewide interest recently issued by the Iowa Supreme Court. Orders will be posted in this section for one year from the date they are first posted.

Links on this page go to files that may be unusable if you do not have the proper programs installed on your computer. Visit the Site Tools and Accessibility page for any plug-ins or programs your may need.

 
Request for Comments to Proposed New Rule of Civil Procedure 1.1702 (August 3, 2012)

Order (407 kb)


Proposed New Rule (88 kb)



In the Matter of Rules for Involuntary Commitments or Treatment of Persons with Substance-Related Disorders (July 5, 2012)

Supervisory Order and Chapter 13 (516 kb)



In the Matter of Mileage Reimbursement (June 29, 2012)

Supervisory Order (32 kb)



In the Matter of EDMS and Standard Forms of Pleadings for Small Claims (June 29, 2012)

Supervisory Order (991 kb)



In the Matter of Forms for Court Orders Issued in Small Claims Court (June 28, 2012)

Supervisory Order and Forms for Court Orders (3515 kb)



In the Matter of Appointments to the 2012 Iowa Child Support Guidelines Review Committee (June 11, 2012)

Nunc Pro Tunc (103 kb)



In the Matter of Appointments to the 2012 Iowa Child Support Guidelines Review Committee (June 11, 2012)

Order (533 kb)



In the Matter of the Notice on Court-Generated Documents in Compliance with the Americans with Disabilities Act (May 1, 2012)

Supervisory Order (56 kb)



In the Matter of Revision of Interim Rules 16.306(5) and (6) Relating to Signatures in the Electronic Document Management System (April 24, 2012)

Supervisory Order (82 kb)


Revised 16.306(5) and (6) (36 kb)



Request for comments to proposed amendments to lawyer advertising rules (April 20, 2012)

Order (386 kb)


Proposed amendments (12844 kb)



Request for comments to proposed amendments to Rule 31.16 Registration of House Counsel (March 21, 2012)

Order (77 kb)


Proposed New Rule (304 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (March 1, 2012)

The Iowa Supreme Court amends the interim rules of Chapter 16 of the Iowa Court Rules governing EDMS

Order (77 kb)


Chapter 16 interim rules (349 kb)


Summary (43 kb)


General Commentary (114 kb)



Request for comments to proposed amendments to Rule of Appellate Procedure (February 10, 2012)

Order (244 kb)


Proposed New Rule (186 kb)



Request for comments to proposed amendments to Rules of Civil Procedure (December 2, 2011)

Order (575 kb)


Proposed New Rule (479 kb)



Request for comments to proposed amendments to Rules of Juvenile Procedures (November 23, 2011)

Order (103 kb)


Juvenile amendments (11 kb)



Request for comments to proposed amendments to rules regulating the practice of law (November 17, 2011)

Order (429 kb)


Summary (96 kb)


Proposed amendments (200 kb)



In the Matter of Request for Public Comment Regarding Proposed Small Claims Pleadings Forms (October 7, 2011)

Order (550 kb)


Small Claims Forms (944 kb)



In the Matter of Formation of the Small Claims Forms Advisory Committee (May 18, 2011)

Order (619 kb)



In the Matter of the Supreme Court Committee to Study Lawyer Advertising Rules (April 15, 2011)

Order (466 kb)



In the Matter of Rescission of Standard Forms of Pleadings for Small Claims Actions (April 6, 2011)

Supervisory Order (206 kb)



In the Matter of Temporary Rules Governing the Electronic Document Management System and Use of Standard Forms of Pleadings for Small Claims Actions (April 4, 2011)

Temporary rules governing EDMS to exempt electronic filers in Small Claims actions until further notice of this court

Supervisory Order (364 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (April 1, 2011)

The March 28, 2011, order contained typographical errors in the numbering sequence of the new and amended Small Claims forms compared to the prior forms being replaced. The forms themselves were correctly numbered.

Amended Order (427 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (March 28, 2011)

The Court rescinds Chapter 3 of the Iowa Court Rules, Standard Forms of Pleadings for Small Claims Actions, in its entirety. The court approves and adopts the revised Chapter 3 of the Iowa Court Rules attached to this Order.
Effective April 4, 2011

Order (6666 kb)


Standard Forms (pdf) (774 kb)



In the Matter of Changes to the Business Hours of the Jefferson and Louisa County Clerk of Court Offices (March 9, 2011)

Effective immediately

Nunc Pro Tunc (170 kb)



In the Matter of Changes to the Business Hours of the Jefferson and Louisa County Clerk of Court Offices (March 9, 2011)

Effective immediately.

Supervisory Order (181 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 4; Form 4.11 (February 2, 2011)

Effective immediately.

Order and Form 4.11 (895 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 4: Forms 4.1, 4.2, 4.11, and 4.15 (December 27, 2010)

Effective immediately

Supervisory Order (3402 kb)



In the Matter of the Appointment of the EMC Media Coordinator for Region 3

Effective December 17, 2010.

Order (192 kb)



Proposed Adoption of 2005 Model Standards of Conduct for Mediators (December 7, 2010)

Deadline for comments is March 7, 2011

Order (2271 kb)


Model Standards of Conduct for Mediators (166 kb)


Chapter 11 Study Group (2195 kb)



In the Matter of the Retention of a Private Court Reporter in a Civil Case: Amendment to January 6, 2010 Order (November 24, 2010)

Effective immediately

Supervisory Order (835 kb)



In the Matter of Temporary Rules to Govern the Use of the Electronic Document Management System Plymouth County and Story County (November 4, 2010)

Supervisory Order (538 kb)


Chapter 16 - Rules Pertaining to the Use of the Electronic Document Management System (12070 kb)


Protected Information Disclosure (424 kb)


Small Claims Original Notice and Petition (3124 kb)


Notice of Transcript Redaction (445 kb)


General Commentary on Electronic Filing Rules (118 kb)



In the Matter of Changes to the Business Hours of the Chickasaw and Howard County Clerk of Court Offices (October 19, 2010)

Effective October 25, 2010

Supervisory Order (207 kb)



In the Matter of Changes to the Business Hours of the Greene County Clerk of Court Office (September 29, 2010)

Effective October 12, 2010

Supervisory Order (185 kb)



In the Matter of Changes to the Business Hours of the Boone County Clerk of Court Office (September 29, 2010)

Effective October 5, 2010

Supervisory Order (177 kb)



In the Matter of Changes to the Business Hours of the Adams, Ringgold and Taylor County Clerk of Court offices (September 29, 2010)

Effective October 4, 2010

Supervisory Order (189 kb)



In the Matter of the Judicial Council Advisory Committee on Fine Collection Procedures, Practices and Rules (September 24, 2010)

Effective immediately

Order (928 kb)



In the Matter of the Public Hours of the Office of the Clerk of the Appellate Courts (September 15, 2010)

Effective September 20, 2010

Supervisory Order (465 kb)



In the Matter of Changes to the Business Hours of the Jones County Clerk of Court Office (August 18, 2010)

Effective August 30, 2010

Supervisory Order (167 kb)



In the Matter of the Appointment of Members to Serve on the Civil Justice Reform Task Force (August 6, 2010)

Supervisory Order (106 kb)



In the Matter of Changes to the Business Hours of the Worth County Clerk of Court Office (August 4, 2010)

Effective September 10, 2010

Supervisory Order (181 kb)



In the Matter of Expanded Media Coverage of the Courts (July 21, 2010)

The supreme court has reorganized the jurisdiction of media coordinators for Jackson County.
Effective August 1, 2010

Order (171 kb)



In the Matter of Interim Procedures Governing the Collection of Court Fines and Fees (July 2, 2010)

Upon recommendation of the Judicial Council, the supreme court adopts interim provisions that will govern installment payment plans and other fine collection activities of the judicial branch until the adoption of permanent rules.
Effective July 12, 2010

Supervisory Order (1250 kb)



In the Matter of Changes to the Business Hours of the Floyd County Clerk of Court Office (May 13, 2010)

Effective May 20, 2010

Supervisory Order (174 kb)



In the Matter of Changes to the Business Hours of the Davis County Clerk of Court Office (May 4, 2010)

Effective May 10, 2010

Supervisory Order (176 kb)



In the Matter of Adoption of EDMS Rules for Pilot Project in Plymouth County (April 21, 2010)

Effective immediately

Supervisory Order (581 kb)


Chapter 16 - Rules Pertaining to the Use of the Electronic Document Management System (12017 kb)


Protected Information Disclosure (520 kb)


Small Claims Original Notice and Petition (2292 kb)


General Commentary on Electronic Filing Rules (2274 kb)



In the Matter of Changes to the Business Hours of the Guthrie County Clerk of Court Office (April 13, 2010)

Effective immediately

Supervisory Order (173 kb)



In the Matter of the Business Hours of the Fremont County Clerk of Court Office (April 6, 2010)

Effective April 5, 2010

Supervisory Order (167 kb)



In the Matter of Appointment to the Task Force for Civil Justice Reform (March 23, 2010)

Effective immediately

Order (123 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (March 19, 2010)

Fremont county
Effective April 5, 2010

Supervisory Order (186 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (February 11, 2010)

Jefferson county
effective February 12, 2010

Supervisory Order (180 kb)



In the Matter of Prioritization of Cases and Duties (February 4, 2010)

Amendment to Order of December 1, 2009
Effective immediately

Supervisory Order (323 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (January 28, 2010)

Fifth District
effective February 1, 2010

Supervisory Order (252 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (January 26, 2010)

First, Second and Sixth districts
effective February 1, 2010

Supervisory Order (286 kb)



Proposed Revised Iowa Code of Judicial Conduct (January 19, 2010)

Chapter 51
Deadline for comments is March 19, 2010.

Order and Proposed Code (581 kb)



In the Matter of Private Retention of Court Reporters in Civil Cases (January 6, 2010)

Supervisory order (500 kb)



In the Matter of Appointments to the Task Force for Civil Justice Reform (December 18, 2009)

Order (655 kb)



In the Matter of Court Closure Days and Public Hours of Clerk of Court Offices (December 2, 2009)

Supervisory Order (63 kb)



In the Matter of Prioritization of Cases and Duties (December 1, 2009)

Supervisory Order (1318 kb)



In the Matter of the Public Hours of Clerk of Court Offices (November 17, 2009)

Supervisory Order (2646 kb)



In the Matter of Actions Taken to Reduce Judicial Branch Operating Expenses (November 12, 2009)

Supervisory Order (1443 kb)



In The Matter of Court Closure and Unpaid Leave Days (November 10, 2009)

Supervisory Order (497 kb)



In the Matter of Actions Taken to Reduce Judicial Branch Operating Expenses for Fiscal Year 2010 (June 25, 2009)

Supervisory Order (162 kb)



In the Matter of Court Closure Days and Reduced Public Hours (May 29, 2009)

Supervisory Order (288 kb)



In the Matter of Appointments to the Digital Audio Recording Technology Committee of the Judicial Council (May 7, 2009)

Order (380 kb)



In the Matter of Court Closure and Unpaid Leave Days: May 8 (May 5, 2009)

Supervisory Order (452 kb)



In the Matter of Mileage Reimbursement (March 31, 2009)

Supervisory Order (315 kb)



Actions Concerning Judicial Operations (March 13, 2009)

Supervisory Order (228 kb)



Action Taken to Reduce Operating Expenses (February 27, 2009)

Supervisory Order (186 kb)



Hearing on Proposed Rules (February 24, 2009)

A hearing is scheduled on Thursday, March 5, 2009, regarding minutes of evidence.

Order Setting Hearing Schedule (Feb. 24, 2009) (480 kb)


Order Setting Amended Hearing Schedule (March 2, 2009) (477 kb)


Order (Feb. 13, 2009) (749 kb)



Actions Taken to Reduce Judicial Branch Operating Expenses (February 2, 2009)

Supervisory Order (783 kb)



Proposed Amendments to the Rules of Criminal Procedure (December 2, 2008)

Information about witnesses
Deadline for comments is January 2, 2009

Chapter 2, Rule 2.4 and 2.5 (589 kb)



Proposed Amendments to Iowa Court Rules (November 12, 2008)

Licensing and Practice of Foreign Legal Consultants
Deadline for comments is December 12, 2008

Chapter 31, Rule 31.14 and 31.18 (5008 kb)



In the Matter of Iowa Rule of Civil Procedure 1.422 (September 23, 2008)

Rule 1.422

Supervisory Order (150 kb)



Proposed Amendments to the Rules of Criminal Procedure (June 23, 2008)

Information about witnesses
Deadline for comments is July 23, 2008

Chapter 2, Rule 2.4 and 2.5 (96 kb)


Order (355 kb)


Final Report of the Child Support Guidelines Review Committee (378 kb)


Proposed Amendments to Chapter 9 (348 kb)


Rule 9.27, Forms 1 and 2 (418 kb)



Revisions to Electronic Document Management System Proposed Rules (June 10, 2008)

Public Notice (47 kb)


General commentary (71 kb)


Chapter 16--Pertaining to the use of EDMS (258 kb)



Proposed Amendments to Rules of Appellate Procedure and Rules of Civil Procedure Concerning Certiorari (June 6, 2008)

Deadline for comments is August 6, 2008

Order (81 kb)


Proposed Amendments to Rules of Appellate Procedure (851 kb)


Summary of Key Changes (238 kb)


Proposed Amendments to Rules of Civil Procedure (113 kb)



Appointments to the Supreme Court Limited Jurisdiction Task Force (January 14, 2008)

Appointment Order (205 kb)


Resolution in Support of the Pew Commission (September 10, 2007) (86 kb)



Filing by facsimile transmission (August 6, 2007)

Order granting filing by facsimile transmission of certain documents in chapters 125 and 229 commitment proceedings
Effective immediately

Order (66 kb)



Uniform Bond Schedule (August 2, 2007)

Order amending uniform bond schedule

Order and bond schedule (97 kb)



Instructions to Compensation Commissioners from the Chief Justice (January 12, 2007)

Instructions (208 kb)
27 Jul 2012

Iowa Supreme Court Opinions July 27, 2012

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. 10-0010

STEVEN A. MUELLER, BRADLEY J. BROWN, MARK A. KRUSE, KEVIN D. MILLER, and LARRY E. PHIPPS, on Behalf of Themselves and Those Like Situated vs. WELLMARK, INC. d/b/a WELLMARK BLUE CROSS AND BLUE SHIELD OF IOWA, An Iowa Corporation; and WELLMARK HEALTH PLAN OF IOWA, INC., An Iowa Corporation

No. 10-0898

MALL REAL ESTATE, L.L.C., an Iowa Limited Liability Company vs. CITY OF HAMBURG, an Iowa Municipal Corporation

No. 10-1719

IOWA FILM PRODUCTION SERVICES; MISSISSIPPI FILMS, INC.; POLYNATION PICTURES, INC.; FIELD OF SCREAMS, LLC; UNDERGROUND FILMS, INC.; TICKET OUT PRODUCTIONS; TRICOAST IOWA PRODUCTIONS, LLC; GPX DEVELOPMENT, LLC; SEPTEMBER PRODUCTIONS LLC; LUCKY MP, LLC; and RECESS FILM PRODUCTION, LLC vs. IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT

No. 11-0095

AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF IOWA, INC. vs. RECORDS CUSTODIAN, ATLANTIC COMMUNITY SCHOOL DISTRICT
20 Jul 2012

Iowa Supreme Court Opinions July 20, 2012

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. 10-0631

STATE OF IOWA vs. MARK DARYL BECKER

No. 11-0834

UMEKA LEWIS vs. JOHN J. JAEGER, ROBERT E. BOGE, and THE CITY OF DUBUQUE

13 Jul 2012

Iowa Supreme Court Opinions July 13, 2012

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. 09-1612

PRESS-CITIZEN COMPANY, INC. vs. UNIVERSITY OF IOWA

No. 10-1336

ABBEY FRY vs. ANDREW BLAUVELT d/b/a BLUEFIELD TRUST CONSTRUCTION

No. 11-0657

THE ESTATE OF ERIKA L. HERREN ANDERSON, by and through its Duly Appointed Administrator, Todd Herren; and TODD HERREN, Individually and as Next Best Friend and Natural Father of Ryan Herren, a Minor, and Brynn Herren, a Minor vs. IOWA DERMATOLOGY CLINIC, PLC, a Corporation; CHARLES W. LOVE, an Individual; and PATHOLOGY LABORATORY, P.C., a Corporation n/k/a IOWA PATHOLOGY ASSOCIATES, P.C.,

06 Jul 2012

Iowa Supreme Court Opinions July 6, 2012

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. 09-0146

STATE OF IOWA vs. ARZEL JONES

No. 10-0502

THE WALDINGER CORPORATION, EMCASCO INSURANCE COMPANY, and SECOND INJURY FUND OF IOWA vs. MICHAEL B. METTLER

No. 11-0117

MICHELE M. PITTS vs. FARM BUREAU LIFE INSURANCE COMPANY and DONALD SCHIFFER
02 Jul 2012

Recent Amendment to Iowa Court Rules and Supervisory Order

By Iowa Judicial Branch

Recent Amendments and New Rules

The following documents are amendments to the Iowa Court Rules or new court rules recently approved by the Iowa Supreme Court.
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)



In the Matter of Amendment to Chapter 11 (December 30, 2011)

New Standards of Conduct for Mediators is based on the 2005 Model Standards of Conduct for Mediators. Prior to publication of the new standards, the Iowa Code Editor's office has revised the numbering format of the new standards. In addition, the court has made punctuation and grammatical changes to the new standards.

Nunc Pro Tunc (361 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 46.13(4) (December 12, 2011)

Causes for disciplinary action.

Order and Amendment (338 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 12 (November 14, 2011)

Earlier this year, the General Assembly approved statutory changes that prohibit the possession, receipt, and shipment of firearms and ammunition by a person found by a court to be mentally ill. To comply with this legislation, the court amended two forms used for civil commitments pursuant to Chapter 229 of the Iowa Code.

Order (1202 kb)


Forms - Rule 12.36 - Form 3 and Form 13 (762 kb)



Iowa Court Rules (November 10, 2011)

Amendment to chapter 11 of the Iowa Court Rules? Adoption of Standards of Conduct for Mediators Summary?At the recommendation of the Iowa State Bar Association, the American Academy of Alternate Dispute Resolution Attorneys, and others, the court replaces chapter 11 of the Iowa Court Rules, "Rules Governing Standards of Practice for Lawyer Mediators in Family Disputes," with new standards of conduct for mediators. The current standards have changed little since their adoption in 1987. The new standards mirror the 2005 Model Standards of Conduct for Mediators with one exception. The court added a provision concerning the scope of the rules. This provision provides that the "standards apply to mediators who are lawyers licensed to practice law in Iowa, mediators who participate in any mediation program approved by a court of this state, and mediators in any matter required to be mediated by an Iowa court order or rule." The standards for mediators in the prior version of chapter 11 applied to lawyer mediators in family disputes only. The new standards take effect January 1, 2012.

Order and Amended Rule (352 kb)



Iowa Rules of Civil Procedure (November 30, 2010)

Amendment to Rules of Civil Procedure 1.909 -- The supreme court amends Iowa Rule of Civil Procedure 1.909, setting the fee for late settlement of jury trials, to include a party's waiver of jury trial within the rule's time frame.
Temporarily amended, effective immediately
Permanently effective January 28, 2011

Order and amended rule (479 kb)



Iowa Court Rules (November 24, 2010)

Amendment to Rule 41.12 requires all lawyers newly admitted by examination to complete a basic skills course on Iowa law within one year after admission to the Iowa bar. The supreme court amends the rule to permit new lawyers to take the basic skills course during the time between completion of the bar examination and admission to practice.
Effective immediately

Order and amended rule (565 kb)



Iowa Rules of Civil Procedure (August 3, 2010)

Amendments to Rules of Civil Procedure 1.1007 and 1.1008--Time to file certain post-ruling motions
These amendments increase the amount of time that a party has to file certain post-ruling motions. The court increased the time to file such motions from ten days after the filing of a verdict to fifteen days after the filing of a verdict. This additional time is intended to address case processing delays that cut into the time parties have to file such motions. These delays are the on-going consequence of the severe cuts in the judicial branch budget over the past decade.
Efffective August 9, 2010

Amendment (483 kb)


Supervisory Order (638 kb)



Amendment to Code of Judicial Conduct (June 23, 2010)

Amendment to Application Section
Summary ? This amendment is a technical correction.
Effective immediately

Amendment (342 kb)



Amendment to Rule of Criminal Procedure 2.19(4) (June 17, 2010)

Amendment to Rule of Criminal Procedure 2.19(4) Reporting Opening Statements and Closing Arguments?This amendment requires the reporting of opening statements and final arguments in a criminal trial. The former version of the rule required reporting of these remarks only upon request of a party. The purpose of this amendment is to ensure that a complete record of all aspects of a trial exists to enable a complete review of a case on appeal. Under the former rule, the absence of a record of opening statements and closing arguments frequently hampered appellate review, particularly with regard to questions of error preservation and prejudice.
Effective August 16, 2010

Order and Rule (239 kb)



Rule 22.28 Report Form (May 27, 2010)

Amended form for filing transcript income and expense reports.

Supervisory Order (589 kb)



Amendment to Rule of Judicial Administration (May 27, 2010)

Amendments to Rule 22.28(7) ?Court Reporter Transcript Income and Expense Reports
Summary?In response to feedback from court reporters regarding the work involved in producing these reports and confusion about certain reporting requirements, the court amended the rule to require only one report a year (May 1) rather than two reports a year.
Effective immediately

Order and rule (271 kb)



Rules for Expanded Media Coverage (May 27, 2010)

Amendment to Rule 25.3?Witness Objection to Request for Media Coverage
Summary?At the request of the Clerks' Manual Committee, the court amended this rule to provide that a witness is entitled to assistance from the clerk of court in providing copies of the witness's objection to EMC coverage to attorneys, parties, the presiding judge, the district court administrator, and the media coordinator.
Effective immediately

Order and rule (394 kb)



Rule of Appellate Procedure (May 27, 2010)

Procedure 6.1401 Form 5?TPR and CINA Expedited Appeal
Summary?The Iowa Court of Appeals recommended these changes to the CINA/TPR petition form for the purpose of obtaining more direction and information from an appellant regarding the issues being raised on appeal.
Effective immediately

Order and form (1457 kb)



Rules of Civil Procedure (May 26, 2010)

Amendment to Rule of Civil Procedure 1.1013(1) ?Fee for Petition to Vacate or Modify a Judgment
Summary?Earlier this year, the court amended this rule to require the payment of a filing fee when filing a motion or petition for vacating or modifying a judgment. Later, the court was informed of confusion among clerks of court and attorneys about the application of this rule, particularly with respect to small claims cases. Clerks of court asked for guidance. To clarify the rule, the court adopted this amendment. The amendment clarifies that a petition of this nature when filed in small claims shall require payment of the fee for filing a small claims case set forth in section 631.6(1)(a). Currently, the filing fee for small claims cases is $85.

Effective July 24, 2010

Order and rule (641 kb)



Iowa Court Rules (April 30, 2010)

Adopted effective May 3, 2010

Order (17337 kb)


Chapter 51, Code of Judicial Conduct (16861 kb)


22.12 Senior Judges (767 kb)


22.22 Gifts (661 kb)


32:1.12 Professional Conduct (237 kb)



Iowa Rules of Civil Procedure (March 9, 2010)

1.431 Motion practice
1.1013 Procedure for vacating or modifying judgment
Adopted, effective May 10, 2010

Amendments (650 kb)



Iowa Court Rules (March 9, 2010)

Rule 22.30 -- Use of signature facsimile
Amended, effective immediately

Order and amended rule (568 kb)



Iowa Court Rules (January 19, 2010)

Chapter 31--Admission to the Bar
Chapter 39--Client Security Commission
Chapter 41--Continuing Legal Education
Amended, effective immediately

Order and amended rules (1599 kb)



Iowa Rules of Civil Procedure (January 7, 2010)

1.431 Motion practice
1.909 Fee for late settlement of jury trial
Adopted, effective March 8, 2010

Amended rules (445 kb)



Iowa Court Rules (January 6, 2010)

Court Records
Chapter 20
Adopted, effective immediately

Order and new rules (382 kb)



Iowa Rule of Appellate Procedure (December 18, 2009)

Rule 6.702 Filing fees and copies
Effective immediately

Order and rule (435 kb)



Iowa Rule of Civil Procedure (November 12, 2009)

1.442(5) Filing of pleadings or papers with the court

Supervisory Order and amended rule (468 kb)



Iowa Court Rules (November 12, 2009)

Rule 22.39 Staffing offices of clerks of court
Rule 22.40 Public business hours of offices of clerks of court

Order and Rules (365 kb)



Iowa Court Rules (November 9, 2009)

Rule 22.28 Transcripts - transcript fee and expense report
Amended, effective immediately

Order and Amended Rules 22.28 (657 kb)


Supervisory Order and Rule 22, 28 Report (578 kb)


Staff Summary (768 kb)



Iowa Rules of Criminal Procedure (October 28, 2009)

State's duty to disclose witnesses
Amended, effective immediately

Rule 2.11(12) (2045 kb)


Staff Explanation (211 kb)


Nunc Pro Tunc (1670 kb)



Iowa Court Rules (October 12, 2009)

Basic skills course requirement
Effective immediately

Rule 41.12 (new) (483 kb)



Iowa Rules of Civil Procedure (August 10, 2009)

Deposition subpoena 1.715
Court reporter memorandum 1.903(3)
Judgment on the pleadings 1.954
Subpoena 1.1701
Forms 12,13, 14 and 15, 1.1901
Effective October 9, 2009

New Rules and forms (4849 kb)



Iowa Court Rules (August 10, 2009)

Oral Argument, Rule 21.24
Effective immediately

Amended rule (273 kb)



Iowa Court Rules (August 10, 2009)

Admission to the Bar
Rules 31.12, 35.1, 39.14, 42.7, 47.3, and 47.5
Amended, effective immediately

Rule 47.6 adopted
Old Rules 47.6-47.12 renumbered
Effective immediately

Order and amendments (1847 kb)



Iowa Court Rules (July 27, 2009)

Rules 35.19, 35.20, 35.21
Filing Certificates of Noncompliance
Effective immediately

Amended Rules (1831 kb)



Iowa Court Rules (June 29, 2009)

Service by e-mail
Iowa Rule of Civil Procedure 1.453
Iowa Rule of Criminal Procedure 2.34
Temporarily amended, effective immediately
Permanently effective August 28, 2009

Emancipation of minors
Rules of Juvenile Procedure 8.35
Temporarily adopted, effective immediately
Permanently effective August 28, 2009

Supervisory Order and amendments (768 kb)



Iowa Rules of Appellate Procedure 6.701(7) (June 29, 2009)

Service by e-mail
Rule 6.701(7)
Effective immediately

Order and rule (201 kb)



Iowa Court Rules ( June 3, 2009)

Organization of Appellate Courts; Judicial Administration
Rules 21.24(3) and 22.30 are amended
Effective immediately

Amended rules (586 kb)



Iowa Court Rules (June 3, 2009)

Admission to the Bar
Rule 31.18 adopted
Rules 31.14 and 31.25 forms 1 and 2 are amended
Effective immediately

Chapter 31 (4765 kb)



Iowa Court Rules (April 9, 2009)

31.2 Admission to the Bar
Effective immediately

Amended Rule (336 kb)



Iowa Court Rules (April 9, 2009)

25.5 Expanded Media Coverage
Effective immediately

Amended Rule (318 kb)



Iowa Court Rules (April 9, 2009)

9.8(2) Child Support Guidelines
Correction to guidelines that take effect on July 1

Amended Rule (251 kb)



Iowa Court Rules (April 3, 2009)

Iowa Rules of Evidence
5.502 Attorney-Client Privilege and Work Product
5.615 Exclusion of witnesses
5.803 Hearsay exceptions
5.804 Hearsay exceptions
5.807 Residual Exception
Effective June 1, 2009

new Rules of Evidence (1527 kb)



Iowa Rules of Criminal Procedure (April 3, 2009)

Rule 2.4(6), 2.5(3) and 2.11(11)
Temporarily amended, effective immediately
Permanently effective June 1, 2009

Supervisory Order and amendments (2049 kb)



Iowa Court Rules (March 25, 2009)

Amendments to Rules of Evidence 5.803, 5.902, and 5.1101
Effective May 25, 2009

Amendments to Chapter 5 (940 kb)



Iowa Court Rule 12.36 (March 9, 2009)

Forms 32 and 33
Effective May 11, 2009

Forms (663 kb)



Iowa Court Rules Chapter 9 (March 9, 2009)

Child Support Guidelines
Effective July 1, 2009

Chapter 9, Guidelines and Worksheet (2441 kb)



Iowa Rules of Criminal Procedure 2.4(6) and 2.5(3) (December 23, 2008)

Minutes of evidence--witness information
Temporarily amended, effective immediately
Effective February 23, 2009

Chapters 2.4(6) and 2.5(3) (619 kb)



Iowa Court Rules Chapter 6-Appellate Rules (October 31, 2008)
Iowa Rules of Civil Procedure 1.1010 and 1.1401 - 1.1412
Iowa Rule of Criminal Procedure 2.73
Iowa Rule of Juvenile Procedure 8.21

Effective January 1, 2009

Chapter 6 and Amended Rules (30755 kb)



Iowa Court Rules Chapters 22 and 51 (October 31, 2008)

Senior judge program
Effective January 1, 2009

Chapters 22 and 51 (1610 kb)



Iowa Court Rules 31.12 and 31.13 (October 16, 2008)

Admission on motion
Effective immediately

Rules 31.12 and 31.13 (1183 kb)



Iowa Court Rules Chapters 12 and 13 (October 1, 2008)

Involuntary commitment proceedings
Effective December 15, 2008

Chapters 12 and 13 (1081 kb)



Iowa Court Rules 31.3, 31.4 and 31.5 (September 17, 2008)

Iowa Bar Examination
Effective immediately

Admission to the Bar, Chapter 31 (1228 kb)



Iowa Rule of Civil Procedure 1.422 (July 31, 2008)

Protected information
Effective October 1, 2008 Delayed until further order

Rule 1.422 (141 kb)



Iowa Rules of Civil Procedures 1.903 and Rule 1.1901 Form 12 (July 31, 2008)

Trial of issues
Court Reporter memorandum
Effective October 1, 2008

Rule 1.1901 and Rule 1.1901 Form 12 (143 kb)



Iowa Court Rules Chapter 23 (June 27, 2008)

Time Standards for case processing, notice of civil trial-setting conference and trial scheduling order
Effective September 1, 2008

Chapter 23 (1836 kb)



Iowa Rules of Civil Procedures 1.906 (June 27, 2008)

Civil trial-setting conference
Effective September 1, 2008

Rule 1.906 (452 kb)



Iowa Rule of Civil Procedure 1.1901 and Iowa Rule of Criminal Procedure 2.32 (June 26, 2008)

Rule of Civil Procedure 1.901 forms 8 and 9
Rule of Criminal Procedure 2.32 forms 1 and 2
Temporary adoption of amendments by supervisory order
Permanent effective date September 1, 2008

Rules 1.1901 and 2.32 (1350 kb)


Supervisory Order (198 kb)



Approved Iowa court forms for child support modification (June 16, 2008)

Order (128 kb)


Court Forms
29 Jun 2012

Iowa Supreme Court Opinions June 29, 2012

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. 10-0061

CHICAGO CENTRAL & PACIFIC RAILROAD COMPANY vs. CALHOUN COUNTY BOARD OF SUPERVISORS, Acting as Trustee for the DRAINAGE DISTRICT NO. 86

No. 10-0843

MISTY M. WHITLEY vs. C.R. PHARMACY SERVICE, INC. d/b/a FIFTH AVENUE PHARMACY, and FIFTH AVENUE COMPOUNDING

No. 10-1677

L.F. NOLL INC. vs. DOPE EVIGLO

No. 10-1721

KAREN ROBINSON vs. ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY

Pages

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