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.

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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. 09-0222

JOHN P. PAVONE and SIGNATURE MANAGEMENT GROUP, L.L.C. vs. GERALD M. KIRKE and WILD ROSE ENTERTAINMENT, L.L.C.

No. 10-0354

JOSE ANGEL AGUILERA vs. STATE OF IOWA

No. 11-0114

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. DAVID M. NELSEN

No. 11-1280

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. STEVEN F. OLSON

Dec. 9, 2011 - The U.S. House of Representatives on Thursday passed a bill ( HR 1633) that would establish a temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter in order to limit federal regulation of "nuisance dust" in areas in which such dust is regulated under state, tribal, or local law. Proponents of the bill were concerned about the possibility that the administrator of the Environmental Protection Agency would regulate so-called "farm dust," particulates kicked up in the air during normal farming practices. Opponents of the bill believe the bill's language is too broad and will prevent regulation of harmful pollutants.

The bill was supported by a cross-section of the agricultural community, including the American Farm Bureau Federation, the American Feed Industry Association, the American Seed Trade Association, the Dairy Farmers of America, the National Association of Wheat Growers, the National Renderers Association, the Fertilizer Institute, the National Pork Producers Council, the US Beet Sugar Association, and the USA Rice Federation, as well other interest groups such as the American Motorcyclist Association, the National Federation of Independent Business, and the National Stone, Sand & Gravel Association.

The bill was opposed by environmental protection and health policy groups such as the Natural Resources Defense Council, the American Lung Association, the American Public Health Association, the American Thoracic Society, and the Asthma and Allergy Foundation of America.

Amongst All Members of the House

  • Interest groups that supported this motion (Milk & dairy producers, Stone, clay, glass & concrete products, Agricultural chemicals (fertilizers & pesticides), Small business associations, Motorcycles, snowmobiles & other motorized vehicle, etc.) gave on average 3.4 times as much to House members who voted 'YES' ($53,758) as they gave to House members who voted 'NO' ($15,816).

Amongst House Democrats

  • Interest groups that supported this motion (Milk & dairy producers, Stone, clay, glass & concrete products, Agricultural chemicals (fertilizers & pesticides), Small business associations, Motorcycles, snowmobiles & other motorized vehicle, etc.) gave on average 4.9 times as much to House Democrats who voted 'YES' ($77,049) as they gave to House Democrats who voted 'NO' ($15,816).

Amongst House Republicans

  • House Republicans received on average over 1.5 times as much from interest groups that supported this motion ($50,487) as they received from interest groups that opposed this motion ($32,812). No Republicans voted against the measure.

METHODOLOGY: MapLight analysis of reported contributions to congressional campaigns of House members in office on day of vote, from interest groups invested in the vote according to MapLight, July 1, 2009 - June 30, 2011. Contributions data source: OpenSecrets.org

A link to this data release can be found here.

Des Moines, December 9, 2011– The Iowa Supreme Court Lawyer Trust Account Commission is accepting applications for grants under the Interest on Lawyer Trust Account (IOLTA) program for the grant period that begins July 1, 2012. IOLTA program grants are awarded to public purpose projects that provide legal services to the poor in civil cases, law-related education, and other programs that improve the administration of justice in Iowa.

Organizations may obtain grant application forms by contacting the Lawyer Trust Account Commission, Judicial Branch Building, 1111 East Court Avenue, Des Moines, Iowa 50319, or by calling (515) 725-8029. The Commission encourages applicants to submit grant requests in electronic form. Organizations may request an electronic version of the complete application set from the Commission by electronic mail to iolta@iowacourts.gov or download the application forms from the Commission's web page on the Judicial Branch web site at:

http://www.iowacourts.gov/Professional_Regulation/Attorney_RegulationCommissions/IOLTA

The Commission must receive completed grant applications no later than 4:30 p.m., Friday, March 2, 2012. The Commission will then review the applications and seek approval from the Iowa Supreme Court for awarding the grants. Grant recipients will be announced in late May or early June of 2012.

The Iowa Supreme Court created the Lawyer Trust Account Commission to provide legal services to the poor in civil cases using the interest from lawyers' pooled trust accounts. The lawyers' pooled trust accounts hold clients' funds that are so small in amount or held for such a brief period that it is not possible for the funds to economically benefit the individual clients. Previously, attorneys' trust accounts earned no interest. The first grants awarded under the IOLTA program were made in June, 1986. To date, the Commission has awarded more than $22,883,000 in grants.

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The Quad City's newest music school is now open and accepting new students for guitar, drums, bass, piano and vocal lessons.

Call 563-386-3044 or visit us at QCRockAcademy.com

Advisory for Iowa Reporters and Editors

Friday, December 9, 2011

During his weekly video address, Senator Chuck Grassley discusses a bill he introduced requiring the Supreme Court to broadcast and televise court proceedings.  By allowing cameras in the Supreme Court, the American people would have access to a court that few have the opportunity to see in person. In addition, access to the Supreme Court through audio and video coverage would help provide the public with an educational experience about our federal judicial system and the laws that are debated before the court. Grassley is also the author of legislation to grant federal judges the authority to allow cameras in other federal courtrooms.

Click here for audio.

Here is the text of the address:

This week a Judiciary subcommittee held a hearing about public access to the Supreme Court.  In conjunction with the hearing, I introduced a bill requiring the Supreme Court to broadcast and televise court proceedings.

This new bill goes with legislation I've sponsored for more than 10 years to grant federal judges the authority to allow cameras in other federal courtrooms.  That sunshine legislation has been passed many times by the Senate Judiciary Committee, and it's passed with bipartisan support.

The Judiciary Committee also has supported broadcast coverage of the Supreme Court.  The bill I introduced this week was previously sponsored by former Senator Arlen Specter of Pennsylvania.  Just last year, the Supreme Court started releasing audio recordings of its proceedings at the end of every week, a step in the right direction.

In 1947, the Supreme Court said that what transpires in the courtroom is public property.  So, it shouldn't be limited to the 200 people who can fit inside the chamber.

In Iowa, we've had broadcast coverage of the courts for more than 30 years.  The chief justice of the Iowa Supreme Court testified at the Judiciary Committee hearing yesterday about the success and value of this access.  He said that "cameras expose the courts to what they are - a proud institution of justice."  In fact, for the Iowa Supreme Court, expanded media coverage includes not only traditional broadcast but also live and archived streams of all oral arguments.

I will work for passage of both pieces of legislation and complete access to the Supreme Court and the federal courts based on what President Lincoln said, that our government is of, by and for the people.  Today, the best way to make sure government accountable to the people is to establish access and transparency.

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LAKE JACKSON, Texas - In their coverage of last night's "Youth for Ron Paul" (YFP) rally at Iowa State University in Ames, TIME Magazine and NPR offer more-than-soundbite analysis of how crucial a role the youth vote will play in the January 3, 2012 Iowa Caucus.

The "Youth for Ron Paul" rally attracted more than 1,350 mostly-young supporters of the 12-term Congressman from Texas, double the number expected.  Event organizers were required to open two extra rooms at the university venue, an interesting challenge to face considering tonight- just an hour and half drive from ISU - Ron Paul will hold a similar rally at the University of Northern Iowa, located in Cedar Falls.

Ron Paul's Army Eyes an Iowa Caucus Upset
By Alex Altman
TIME Magazine

Ames, Iowa

It's a cold Thursday night the week before finals, and a light dusting of snow is falling on the Iowa State campus. But inside the school's student union, more than 1,000 supporters have queued up to catch an early glimpse of Ron Paul. Nearly an hour before the Texas Congressman is scheduled to appear, the line loops around corners and snakes back, full of fans toting placards and wearing Ron Paul buttons and hoodies. Near the front are a quartet of Nebraskans, who carpooled three hours from Omaha to hear Paul speak. "He's the only one who understands our problems. For the rest of them, it's like a geography bee ? name the country, and they want to fight them," says Jason Nunn, 28.

"He's been fighting for my liberty since before I was born," says his friend Bryan Jacoby, 28. "I came here with the expressed intention to shake the hand of the future President of the United States."

The crowd shuffles into the cavernous auditorium a half-hour early, filling the seats, hugging the walls and spilling into an anteroom. After a long wait, Paul steps to the podium to address the throng. Paul's is a stump speech unique in contemporary politics, one that pinballs from the case for more liberty and fewer military entanglements to the wasteful war on drugs, from Frederic Bastiat's economic theories to the evils of the income tax and the nanny state...

For the full TIME Magazine article, please click here.

Ron Paul's Young Fans Flock To Him In Iowa
By Brian Naylor
NPR

At first glance, it's not easy to figure why Ron Paul is so popular with young people. At 76, he's old enough to be their grandfathers, something he alluded to at a packed rally at Iowa State University in Ames Thursday night.

"I understand this is a busy week, some of you are involved with studyin' so this was a chance not to have to study for a couple hours right? But I have a lot of children, a lot of grandchildren but I'm always advising them study hard get your courses down," Paul told the crowd.

Several hundred young people, mostly students, packed the Great Hall of Iowa States Union building. Many wore flannel shirts and knit caps on a cold snowy night. They listened intently as Paul, standing behind a lectern touched on some of his more esoteric views, on Austrian economists and returning to the gold standard. But they responded with enthusiasm when he got to issues they could relate to, like the threat he says is posed by the Patriot Act.

"There's a serious attack on our personal liberties ? your rights, your privacy, passing bills out of a panic mode and passing things like the Patriot Act. it does not help your personal liberty. I'd like to get rid of the Patriot Act to tell you the truth."

For the full NPR story and audio clip, please click here.

To learn more and sign up for Youth for Ron Paul, please visit: www.YouthForPaul.com and "like" the Facebook page found at: www.Facebook.com/YouthForPaul.

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CATTLE-RAISING COUPLE, ENGINEER AND LEGISLATOR NAMED DISTINGUISHED SERVICE TO AG WINNERS AT IOWA FARM BUREAU ANNUAL MEETING

WEST DES MOINES, IOWA - Dec. 9, 2011 - Bill and Nancy Couser are cattle producers who constantly look ahead to the next opportunity to improve not only their operation, but their industry. Stewart Melvin is an engineer who specializes in agricultural water issues that help farmers best care for the environment. Dolores Mertz is an 11-term state representative for District 8 who champions Iowa agriculture. The efforts of these Iowans have furthered the cause of Iowa agriculture and rural communities over the past few decades, earning the Cousers, Melvin and Mertz the 2011 Iowa Farm Bureau Distinguished Service to Agriculture Award.  All were recognized during the Iowa Farm Bureau (IFBF) annual meeting in Des Moines, Dec. 7.

The award honors individuals who have played a significant role in the agricultural industry at the local, state and/or national level.  This is the 34th year for the award.  The three winners received plaques and will be added to a permanent display at IFBF headquarters in West Des Moines.

Bill and Nancy Couser

While Bill and Nancy Couser of Nevada are recognized leaders in Iowa agriculture, they're quick to point out that they are life-long learners; always ready to pursue new opportunities and technologies that can benefit their farm, industry and environment.

While the Cousers grew up in small towns with a love for agriculture and livestock, they both worked in other careers before starting the Couser Cattle Company 20 years ago. After a modest beginning with 24 cows, Couser Cattle Co. is now a second and third generation multi-faceted operation that annually feeds and finishes 5,000 to 6,000 head of cattle and farms 5,000 acres, producing both corn seed and soybean seed. Their son, Tim, works on the farm.

The Cousers rely on science-based research to help them run a farm that is economically stable and environmentally responsible. They have worked with a number of organizations and institutions including partnering with the Iowa Cattlemen's Association (ICA), National Resource Service Center, the Iowa Department of Natural Resources (DNR), Iowa State University (ISU) and the U.S. Environmental Protection Agency to develop a pilot system to replace the effluent basin with a series of vegetative treatment areas and infiltration systems to treat feedlot runoff to an acceptable standard and working with the DNR and Iowa State to build a mono-slope style feeding building that directs rainfall away from a new pen and allows more feeding capacity without compromising the vegetative buffer system.

The Cousers have also been instrumental in the development of Lincolnway Energy, a 50-million gallon local-investor owned ethanol plant which opened in 2006. Located just seven miles from their feedlot, the plant offers an opportunity for them to demonstrate the concept of a sustainable cycle. Couser leads tours of the plant and his farm, explaining how he raises seed corn for ethanol, uses the dried distillers' grains for cattle feed and then uses the cattle manure to fertilize the next corn crop.

Farm Bureau has been a long-time source of information and opportunity for Bill and Nancy. They were honored as Outstanding Young Farmers from IFBF in 1981. Since then, the Cousers have been honored with a number of state and national awards for conservation and community service. Bill was named as one of 10 People Who Matter by Time magazine in 2006. He has been a director of the Story County Cattlemen's Association for 33 years, chair of ICA's business issues committee and a past vice chairman of National Cattlemen's Beef Association animal health committee. He is a former and current president of the Iowa Renewable Fuels Association, a director of Iowa's Institute of Cooperatives and a director of the Nevada Economic Board.

Nancy has worked as a nurse for 30 years at Mary Greeley Medical Center in Ames and has served as a director of the Iowa Beef Industry Council, Story County 4-H board, Story County planning and zoning and was a governor-appointed member of the Iowa Environmental Protection Commission.

Stewart Melvin

While Stewart Melvin is an engineer by trade, he's described as a "farmer at heart," by the Davis County Farm Bureau which nominated him for the Distinguished Service to Ag Award.

He grew up on a family farm near Bloomfield and still owns and manages farmland in Davis County.  Stewart spent most of his career as a professor of agricultural engineering at Iowa State University (ISU).  He received all of his degrees, including his Ph.D., from Iowa State.  He has been a licensed engineer in Iowa since 1969. He also taught at Silsoe College in the United Kingdom from 1985-86.

He worked for 34 years as an extension agricultural engineer in Iowa working as a soil, water and waste management specialist prior to retiring from ISU in 2004.  He also served as head of the Agricultural and Biosystems Engineering Department at ISU for eight years.

Melvin served as the interim director for the Iowa State Water Resources Research Institute from 2002-04.

Upon his retirement from ISU, Melvin joined Curry-Wille & Associates (CWA) to work on animal waste management issues, as well as other soil and water engineering projects. He has had international consulting experience in Europe, South America, southeast Asia and Mexico.

Melvin has dedicated his professional life to working to improve agricultural waste management systems and drainage systems. From working with the environmental committee for the Iowa Cattlemen's Association to leading water quality projects in Poland and Russia, Melvin has served farmers in Iowa and beyond.

He's been recognized for his achievements including receiving the Engineer of the Year award from the mid-central regional American Society of Agricultural Engineers in 1991 and 1992 and honored with the Iowa Master Farmer Exceptional Service Award in 2004.

Dolores Mertz

Agriculture has always been a central part of Dolores Mertz's life. Whether that meant working beside her husband, H.P. "Pete," on the family's Kossuth County farm for 32 years to representing Iowa farmers during her 22-year tenure in the Iowa House of Representatives, Mertz has dedicated her life to agriculture. In 2010, she retired from the Iowa House of Representatives after 11 terms.

She started as a farm wife and bank teller in Kossuth County and became the first woman to serve as a Kossuth County supervisor. She was appointed to the board of supervisors in 1983 when her husband passed away and his vacancy needed to be filled. Mertz won a special election in 1984 to complete the remaining two years of his term and, in 1986, she was elected to a four-year term.

Mertz was elected to the House of Representatives in 1988, representing House District 8 which includes Humboldt and Pocahontas counties, southern Kossuth County and northwestern Webster County.

Mertz used her practical knowledge of agriculture as she served on the House Ag Committee for 22 years. She was the first woman appointed as the chair of the House Ag Committee in 2007 and served as the senior Democrat on the Agriculture and Natural Resources Appropriations Subcommittee, with responsibilities for funding conservation and farm programs. She has also been recognized as an Iowa Farm Bureau "Friend of Agriculture" and has served on the Iowa Environmental Protection Council. She may be the first woman to proudly acknowledge her unofficial title as "Queen of Drainage," as she was extremely knowledgeable about the complex law involving Iowa drainage districts.

In its nomination of Mertz, the Kossuth County Farm Bureau wrote, "Coming from an agricultural background, Dolores took this knowledge to the Legislature. She made sure that Iowa stayed focused on agriculture...she fought hard for the ideas that were important to the Iowa Farm Bureau."

Mertz has also been a local 4-H leader for 25 years, in addition to a number of community activities and leadership roles.

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Editor's Note: To download a photo of these people receiving their award, visit  http://www.flickr.com/photos/iowafarmbureau/sets/72157628293522923/. They are joined by Craig Lang, IFBF past president, on their left and Craig Hill, IFBF newly-elected president, on their right.

 

About Iowa Farm Bureau

The Iowa Farm Bureau Federation is a grassroots, statewide organization dedicated to enhancing the People, Progress and Pride of Iowa.  More than 153,000 families in Iowa are Farm Bureau members, working together to achieve farm and rural prosperity.  For more information about Farm Bureau and agriculture, visit the online media center at www.iowafarmbureau.com.

AARP Connects Issues, Candidates, Voters at Upcoming Iowa and National Forums

Association's 2012 "Vote for Retirement Security" Campaign Aims to Keep Voters' 50+ Top Concerns Front and Center

DES MOINES, Dec. 9, 2011?This weekend AARP is kicking its 2012 Presidential voter education and engagement campaign activities into high gear, starting with the ABC-TV Presidential Debate at Drake University on Saturday, Dec. 10, continuing through the Fox News Debate on Thursday, Dec. 15 in Sioux City, and up to the Iowa Caucus on Jan. 3.

"This is crunch time for making sure that the candidates know what is at stake for Iowa voters on the critical issues of retirement security," said Pete Jeffries, AARP National Campaigns Field Manager.  "Overwhelming majorities of likely caucus goers age 18 and over are concerned about protecting Social Security and Medicare from budget cuts, and they're extremely concerned about jobs and being able to save for their retirement.  We're working to ensure that the candidates are asked questions about these issues and that voters know where the candidates stand on these important pocketbook concerns."

In the tradition of AARP's 25-year history of non-partisan voter education efforts, the association's 2012 caucus and primary campaign is designed to engage, listen to and inform voters and the candidates on the major issues affecting older voters. This year's efforts launched in Iowa with a major AARP presence at the Iowa Straw Poll in August, and have picked up over the past few weeks with members and volunteers participating at candidate events in Des Moines and across the state asking questions on critical retirement security issues like jobs and the economy, Social Security and Medicare.

This weekend, AARP is providing pre-debate media packet information and sponsoring the post-debate Spin Room in the Drake Fine Arts Center on Saturday night to highlight the Association's new voter education website, www.aarp.org/YouEarnedIt The website features survey findings of GOP likely caucus and primary voters in the first four early nominating states and AARP's 2012 first-time Presidential Candidate Video Voters' Guide featuring four of the GOP candidates on jobs and the economy, retirement security, Social Security and Medicare. Iowa veteran political TV reporter Dave Price conducted the one-one-one unedited interviews with candidates who registered at 5% or higher in an average of national polls as of Oct. 3.  They include Congresswoman Michele Bachmann, former U.S. House Speaker Newt Gingrich, Congressman Ron Paul and Texas Governor Rick Perry.  Former Massachusetts Governor Mitt Romney declined invitations to participate. The video voters' guide was produced by AARP in Des Moines with Mediacom.  In addition to posting at www.aarp.org/YouEarnedIt, the guides are being mailed to Republican voters in the early nominating states of Iowa, New Hampshire, South Carolina, Florida and Nevada.

AARP is a nonprofit, nonpartisan organization with a membership that helps people 50+ have independence, choice and control in ways that are beneficial and affordable to them and society as a whole. AARP does not endorse candidates for public office or make contributions to either political campaigns or candidates. We produce AARP The Magazine, the definitive voice for 50+ Americans and the world's largest-circulation magazine with nearly 35 million readers; AARP Bulletin, the go-to news source for AARP's millions of members and Americans 50+; AARP VIVA, the only bilingual U.S. publication dedicated exclusively to the 50+ Hispanic community; and our website, AARP.org. AARP Foundation is an affiliated charity that provides security, protection, and empowerment to older persons in need with support from thousands of volunteers, donors, and sponsors. We have staffed offices in all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.

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Advisory for Iowa Reporters and Editors

Friday, November 18, 2011

During his weekly video address, Senator Chuck Grassley explains why the U.S. Supreme Court should allow video and audio coverage of upcoming oral arguments about the 2010 health care law. The law is massive in size and scope. The constitutional questions are landmark. Public understanding of both the health care law and the proceedings of a case before the Supreme Court would benefit from access to audio and video of the legal arguments that will be made. Grassley is Ranking Member of the Senate Judiciary Committee, which is responsible for oversight of the federal courts. He is the former Chairman and Ranking Member of the Finance Committee, which has jurisdiction over most of the 2010 health care law.

Click here for audio.

Here is the text of the address:

This week I asked the Chief Justice to allow audio and video coverage of the oral arguments made during the Supreme Court's consideration of the challenges to the 2010 health care law.

This law is massive in size and scope.  Its impact is reverberating throughout America's economy.  The constitutional questions are landmark.  The public has a right to hear the legal arguments.  It's a tremendous educational opportunity, especially considering the way this controversial law was pushed through Congress.  It was very partisan, unlike previous legislation where major social policy changes were made with broad-based support.  And, so much about the policy changes and consequences from the 2010 health care law were unclear even to supporters when it was pushed through.

The first time I appealed for broadcast coverage of oral arguments before the Supreme Court was in 2000 in the Bush v. Gore case regarding the presidential election.  The request for audio was granted, and it was released immediately following the arguments.  I've sought to pass legislation allowing broadcast coverage of federal courtrooms for 12 years.

The issues with the 2010 health care law and this review by the Supreme Court of the United States emphasize the value and importance of public access to the courtroom.  Sunshine would shed light on the law and enhance understanding of the issues and important concerns.

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**Friday, November 18, 2011**

CHICAGO - November 18, 2011. Governor Pat Quinn today took action on the following bills:

Bill No.: SB 72

An Act Concerning: Insurance

Allows the state to issue revenue bonds to strengthen the Illinois Unemployment Trust Fund (UTF), avoiding federal penalties for businesses. Also provides for an average 16 percent unemployment insurance tax reduction for companies that have not laid off workers, and provides for increased unemployment fraud prevention.

Action: Signed

Effective Date: Immediately

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