Des Moines, February 10, 2012– The Iowa Court of Appeals has elected Judge Larry J. Eisenhauer, Ankeny, as chief judge. Judge Eisenhauer has served on the court of appeals since 2001. He is the seventh chief judge since the state legislature established the court of appeals in 1976. He replaces Chief Judge Rosemary Sackett, recently retired.

"I am honored that the judges of the court of appeals elected me chief judge," Chief Judge Eisenhauer said. "Iowans are fortunate to have a court of appeals made up of thoughtful and hardworking judges supported by a dedicated staff. I am privileged to be a part of it."

Judge Eisenhauer was born in Emporia, Kansas, and received his undergraduate degree from Emporia State University in 1968. He then served in the United States Army for two years, including a tour of duty in Vietnam, before attending Drake University Law School. After graduating from Drake in 1974, he practiced law privately until 1985 and served as a juvenile referee from 1985 to 1993. He was appointed to the district court bench in 1994 and served as district court judge until his appointment to the court of appeals. Judge Eisenhauer serves on the Judicial Council Subcommittee on Court Records and Management Retention, co-chairs the Children's Justice Advisory Committee, and is a member of the Polk County, Iowa State, and American Bar Associations.

Previously, Chief Judge Eisenhauer was a faculty member of the Iowa Child Abuse Academy, chair of the Supreme Court Advisory Committee on Court Appointed Special Advocates, chair of the Supreme Court Advisory Committee on Juvenile Court Officers, and a member of the Iowa State Bar Association Family Law Committee, and the Advisory Board of the Criminal and Juvenile Justice Planning Agency.  In 2005, he served as an International Judge for the United Nations Mission in Kosovo.  He was presented the Iowa Judges Association Award of Merit in 2008. Judge Eisenhauer is married, has two children, and one grandchild.

The Iowa Court of Appeals is an intermediate appellate court. It reviews appeals from trial court decisions that the supreme court has transferred to the court of appeals . A decision of the Iowa Court of Appeals is final unless reviewed by the Iowa Supreme Court on grant of further review. The majority of appeals filed in Iowa are decided by the court of appeals. Last year, the Iowa Court of Appeals issued 1,068 opinions.

In addition to judicial duties, the Chief Judge of the Iowa Court of Appeals supervises the business of the court, presides when present at a session of the court, and serves on the judicial council. Judge Eisenhauer will also continue to write opinions.

Previous Chief Judges of the Iowa Court of Appeals

# # #

Iowa Supreme Court to Hear Oral Arguments in Council Bluffs

Des Moines, February 8, 2012? On March 7, the Iowa Supreme Court will hear oral arguments in Council Bluffs. The proceeding will take place in the Arts Center at Iowa Western Community College, 2700 College Road. The session will begin at 7 p.m.

The court will hear lawyers argue in two cases:

Mall Real Estate v. City of Hamburg

Plaintiff, Mall Real Estate, asked the Iowa District Court for Fremont County to declare that the City of Hamburg's "sexually-oriented business" ordinance either did not apply to plaintiff's business or that it was an unconstitutional regulation and could not be enforced against plaintiff's business. The district court found the ordinance did apply to plaintiff's business and that it was a constitutional regulation. Plaintiff appeals the district court determination.

The lawyers for Mall Real Estate are: Brian B. Vakulskas and Daniel P. Vakulskas, Sioux City, and W. Andrew McCullough, Utah. The lawyer for the City of Hamburg is Raymond R. Aranza, Cedar Rapids.

American Civil Liberties Union v. Atlantic School District

Petitioner, the American Civil Liberties Union (ACLU), seeks additional information regarding discipline imposed on two school district employees after a "locker room strip search" of five female students. The Atlantic School District claims Iowa law does not require public disclosure of such job performance documents. The ACLU argues the Iowa Court of Appeals incorrectly interpreted a recent legislative amendment that should have permitted disclosure of the disciplinary action.

The lawyer for the American Civil Liberties Union is: Randall C. Wilson, Des Moines. The lawyers for the Atlantic Community School District are: Brett S. Nitzschke, and Emily K. Ellingson, Cedar Rapids.

"The Court looks forward to visiting Council Bluffs and appreciates the hospitality of Iowa Western Community College," Chief Justice Mark Cady said. "We received tremendous response from the three communities we traveled to last year. There was a great community turnout in each city and the people saw a court in action and how we work to resolve very complex issues. This is an opportunity for Iowans to see firsthand how legal matters that involve important issues can arise in the lives of Iowans and how the justice system and the rule of law operate to settle disputes and ensure the rights of all Iowans are fairly and impartially protected."

# # #

Opinions of the Iowa Court of Appeals will be filed at 8:30 a.m. on the 2012 dates listed below:

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.

The Iowa Supreme Court recently issued orders granting or denying applications for further review in 32 cases.

DENIED:

GRANTED:

Further Review Results

January 11, 2012

December 19, 2011

November 29, 2011

October 19, 2011

September 14, 2011

August 23, 2011

July 22, 2011