04 Oct 2012

Court of Appeals to Hold Arguments in State Capitol

By Iowa Judicial Branch

Des Moines, October 4, 2012 –On Tuesday and Wednesday, October 9 and 10, the Iowa Court of Appeals will hear oral arguments in the historic Supreme Court Courtroom in the Iowa State Capitol.

 

The supreme court courtroom in the Capitol was dedicated in 1886, three years after the Capitol opened. Members of the supreme court heard oral arguments and had chambers in the Capitol from 1886 to 2003 when the Judicial Branch Building opened. The Judicial Branch Building is directly south of the Capitol on Court Avenue. Members of the court of appeals heard oral arguments and had chambers in the Capitol from the time that court was organized in 1976 until 2003, when it also moved to the Judicial Branch Building.

 

The nine members of the Iowa Court of Appeals are: Chief Judge Larry J. Eisenhauer, Ankeny; Judge Gayle Nelson Vogel, Spirit Lake; Judge Anuradha Vaitheswaran, Des Moines; Judge Amanda Potterfield, Tiffin; Judge Richard H. Doyle, Des Moines; Judge David Danilson, Boone; Judge Mary Tabor, Des Moines; Judge Michael R. Mullins, Washington; and Judge Thomas Bower, Cedar Falls.

 

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.

 

As an appellate court, the Iowa Court of Appeals does not preside over trials. The court of appeals proceedings do not involve witnesses, juries, new evidence, or court reporters. Instead, the court reviews the written record of the trial court to determine whether any significant legal errors occurred.

 

Cases are decided by randomly selected three-judge panels that change in composition every three months. Cases are assigned for opinion writing randomly in equal numbers to each judge on the court. Each judge on the court authors about 100 opinions per year. This figure does not include dissents and special concurrences each judge might write. In addition, each judge reviews cases decided by the other panels of the court.

 

As always, oral arguments are open to the public.

 

The schedule for the Tuesday, October 9, Iowa Court of Appeals oral arguments in the Supreme Court Courtroom in the Iowa State Capitol is:

 

9:00 A.M.

The panel of Chief Judge Eisenhauer, Judge Vogel, and Judge Vaitheswaran will hear the cases of Brandes v. State, on appeal from Chickasaw County District Court; Kelly v. Riser, Inc., on appeal from Scott County District Court; and Faust v. Sakas, on appeal from Dubuque County District Court.

 

10:30 A.M.

The panel of Chief Judge Eisenhauer, Judge Vogel, and Judge Vaitheswaran will hear the cases of Oolman v. Icon Ag Solutions, L.L.C., on appeal from Sioux County District Court; and Jackson v. State, on appeal from Polk County District Court.

 

The panel of Chief Judge Eisenhauer, Judge Vogel, and Judge Doyle will hear the case of Moad v. Libby, on appeal from Johnson County District Court.

 

1:00 P.M.

The panel of Judge Potterfield, Judge Danilson, and Judge Tabor will hear the cases of In re Guardianship of F.W., on appeal from Dubuque County District Court; Fish v. Wapello County, on appeal from Wapello County District Court; and The Village at White Birch Town Homeowners Assoc. v. Goodman Assocs., Inc., on appeal from Polk County District Court.

 

2:30 P.M.

The panel of Judge Potterfield, Judge Danilson, and Judge Tabor will hear the cases of State v. Anderson, on appeal from Black Hawk County District Court; O'Reilly Auto Parts v. Alexander, on appeal from Polk County District Court; and Kalona Cooperative Telephone Co. v. Iowa Utilities Board, on appeal from Polk County District Court.

 

The schedule for the Wednesday, October 10, Iowa Court of Appeals oral arguments in the Supreme Court Courtroom in the Iowa State Capitol is:

 

9:00 A.M.

The panel of Judge Potterfield, Judge Doyle, and Judge Mullins will hear the case of Lanczos v. Walker, on appeal from Polk County District Court.

 

The panel of Judge Doyle, Judge Mullins, and Judge Bower will hear the case of Woodward v. Monona County Board of Supervisors, on appeal from Monona District Court.

 

10:00 A.M.

The panel of Judge Vogel, Judge Mullins, and Judge Bower will hear the cases of Effler v. State, on appeal from Polk County District Court; Sierra Club Iowa Chapter v. Iowa Department of Transportation, on appeal from Linn County District Court; and In re Marriage of Smith, on Appeal from Shelby County District Court.

 

2:30 P.M.

The panel of Chief Judge Eisenhauer, Judge Vaitheswaran, and Judge Doyle will hear the cases of Christiansen v. Iowa Board of Educational Examiners, on appeal from Johnson County District Court; State v. Scott, on appeal from Polk County District Court; and In re Estate of Burger, on appeal from Dallas County District Court.

 

Note to Editors: News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera and audio recording device use during the oral arguments. You can find information on expanded media coverage on the Judicial Branch Website at http://www.iowacourts.gov/News_Service/Expanded_Media_Coverage/.

 

The Iowa Court Rules regarding expanded media coverage are on the Iowa Legislature website at http://www.legis.state.ia.us/DOCS/ACO/CR/LINC/08-15-2012.chapter.25.pdf

 

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21 Sep 2012

Iowa Supreme Court Opinions Sept 21, 2012

By Iowa Judicial Branch
September 21, 2012

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. 11-1551

IN RE THE MARRIAGE OF MAGDALEN C. O'BRIEN and DENNIS R. O'BRIEN Upon the Petition of MAGDALEN C. O'BRIEN

No. 12-0339

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. SARA ANNE KERSENBROCK
18 Sep 2012

Davenport Man Sentenced on Drug and Firearm Charges and for Violating Federal Supervised Release

By Val Quast
DAVENPORT, IA - On September 14, 2012, Sedrick McKinley Hall, age 32 of Davenport, was sentenced to 54 months imprisonment for possessing marijuana with intent to distribute, possessing a firearm in furtherance of drug trafficking, and violating federal supervised release, announced United States Attorney Nicholas A. Klinefeldt. United States District Judge John A. Jarvey also ordered that Hall serve a term of three years supervised release following imprisonment.

In 2008, Hall was prosecuted in United States District Court for possessing a firearm as a felon and sentenced to 27 months imprisonment. After his release, and while under supervision by the United States Probation Office, Hall was arrested by Davenport police and Iowa DNE agents in connection with an investigation of marijuana trafficking. After using an informant to make buys of marijuana from Hall, police executed a search warrant at his residence, finding a quantity of marijuana, a Russian- made SKS 7.62mm assault rifle along with ammunition, and a quantity of synthetic marijuana. Hall subsequently was indicted in United States District court on drug and firearms charges. He also was charged with violating the terms of his supervised release. Hall pleaded guilty to all charges.

The case was investigated by the Davenport, Iowa, Police Department, the Iowa Division of Narcotics Enforcement, and the United States Drug Enforcement Administration. The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.
18 Sep 2012

Recent Amendments and New Rules

By Iowa Judicial Branch

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)



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

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/

 

# # #

30 Aug 2012

Davenport Man Sentenced for Conspiring to Distribute Crack Cocaine

By Suellen Irwin
DAVENPORT, IA- On August 29, 2012, Alon Lee Shorter, age 37, of Davenport, Iowa, was sentenced to 240 months imprisonment, having previously pleaded guilty to conspiracy to distribute cocaine base, announced United States Attorney Nicholas A. Klinefeldt. United States District Court Judge John A. Jarvey also ordered that Shorter serve five years of supervised  release following imprisonment and pay $100 towards the Crime Victims Fund. Five other co-defendants in this case, Charles Bateman, Charles Harrington, Roscoe Lee, David Minor and Kadar Wall, have pleaded guilty and await sentencing.

Investigation of this conspiracy revealed that from approximately October 2007 until June 2011, Shorter and his co-conspirators distributed in excess of 2.8 kilograms of crack cocaine. Investigators made five controlled purchases of crack from Harrington and Bateman, who distributed crack cocaine provided by Dale and Alon Shorter, and two controlled purchases of crack directly from Dale Shorter. Investigators determined that Minor, Wall, and others distributed crack cocaine for Alon Shorter at multiple locations in Davenport, including an apartment on Heatherton Drive.

This case was investigated by the Drug Enforcement Administration, the Iowa Department of Public Safety, Division of Narcotics Enforcement, and the Davenport, Iowa, Police Department, and was prosecuted by the United States Attorney's Office for the Southern District of Iowa.
29 Aug 2012

Canine Capers Take a Bite out of Crime

By iUniverse

Piper Dawson pens new children's book about Chihuahua detectives Fenway and Becca

ZEARING, Iowa - Fenway and Becca are two energetic Chihuahuas who love life. Rescued from abuse and misery by a loving family, they not only enjoy spending time with their owner, 12-year-old Paige, but have a love something else: solving mysteries. In Piper Dawson's book, The Adventures of Fenway and Becca (published by iUniverse), young readers follow the dynamic detective duo.

In two exciting adventures, Fenway and Becca keep crime at bay in their small town. The two doggie detectives hunt for a mysterious flower snatcher in "The Great Flower Caper." Fenway and Becca are determined to discover the truth, and on their daily walk, the duo picks up an interesting scent that may just lead them to the thief.

In "Fenway and Becca's Great Cabin Caper" sees the pups go on vacation to the family cabin. Grandma's precious locket has disappeared, and the two set out to find it with the help of their new friend, Hoss, a yellow Labrador. But time is running out - the family is leaving soon, and they have yet to find the necklace.

The Adventures of Fenway and Becca is an exciting new book sure to entertain young readers and dog lovers alike.

About the Author

Piper Dawson was a nanny for more than ten years and enjoyed storytelling. She lives in a small town in Iowa and enjoys life with her family and dogs.

or call 1-800-AUTHORS. For the latest, follow @iuniversebooks on Twitter.

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28 Aug 2012

Two Quad City Men Sentenced For Marijuana Conspiracy

By Suellen Irwin
DAVENPORT, IA - On August 23, 2012, John Derek Smith, 37, of Rock Island, Illinois was sentenced to 18 months' imprisonment for conspiracy to distribute marijuana, announced United States Attorney Nicholas A. Klinefeldt. On August, 24, 2012, another co-conspirator, Terry Lee Alvin, 43, of Moline, Illinois, was sentenced to 21 months' imprisonment. United States District Judge John A. Jarvey sentenced both men to three years of supervised release and pay $100 towards the Crime Victims Fund.

From January 2011 through May 2011 Smith and Alvin were involved with several others in a conspiracy to distribute significant amounts of marijuana in the Davenport, Iowa area. The case was investigated by the Davenport Iowa, Police Department and the  Drug Enforcement Administration, and was prosecuted by the United States Attorney's Office, Southern District of Iowa.

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24 Aug 2012

Governor Quinn Signs Law to Crack Down on Loan Sharking

By Ryan C. Woods

New law protects consumers from unlicensed lenders

CHICAGO - August 20, 2012. Governor Pat Quinn today signed a new law to shield consumers from unlicensed lenders. House Bill 3935 imposes a Class 4 felony on lenders who have not been licensed by the Illinois Department of Financial and Professional Regulation (IDFPR), and protects consumers trapped in these high-interest loan deals from having to pay back the debt. Today's action is the latest by the governor to crack down on predatory lending and help consumers.

"Two years ago, we signed new laws to curb predatory lending and make the payday loan industry more transparent," Governor Quinn said. "Today's action is the next step in protecting consumers from unscrupulous, unlicensed lenders."

Sponsored by Sen. William Haine (D-Alton) and Rep. Greg Harris (D-Chicago), HB 3935 provides consumers with greater protections by putting teeth into the penalty and declaring any such loan as "null and void." Under existing law, the IDFPR may issue a cease-and-desist order to anyone doing business without the required license. Currently, 522 payday lenders are licensed and regulated by the IDFPR, which also regulates 1,054 Consumer Installment Loan Act lenders and 240 Sales Finance lenders.

Often called "loan sharks," unlicensed lenders charge extremely high interest rates and impose short-term repayment deadlines under threat of violence for non-payment. They are often associated with organized crime or street gangs.

The effort to increase regulation of predatory lending began with the "Monsignor John Egan Campaign for Payday Loan Reform," launched in 1999 after the Catholic priest heard the confession of a woman whose life was being ripped apart by usurious interest rates. The resulting reforms -The Consumer Installment Loan Act and Payday Loan Reform Act - are amended by this law.

The law is supported by Illinois Citizen Action and the Illinois Small Business Loan Association, and is effective on Jan. 1, 2013.

 

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24 Aug 2012

Gov. Branstad appoints Joel Dalrymple and Gregg Rosenbladt District Court Judges

By Office of Governor Terry Branstad

(DES MOINES) - Gov. Branstad on Friday appointed Joel Dalrymple as judge to the 2A Judicial District.  He also appointed Gregg Rosenbladt as judge to the 1B Judicial District.

Dalrymple, of Waterloo, received his law degree from Drake University and is currently serving as First Assistant Black Hawk County Attorney.  Dalrymple was appointed to fill the vacancy created by the appointment of Judge Thomas Bower to the Iowa Court of Appeals.

Rosenbladt, of Mason City, received his law degree from the University of Iowa and is currently serving as a District Associate Judge in 2A.  Rosenbladt was appointed to fill the vacancy created by the retirement of Judge Stephen Carroll.

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