(DES MOINES) - Gov. Branstad today appointed Larry McLellan judge to the 5C Judicial District. He also appointed Joel Barrows judge to the 7th Judicial District. McLellan, of West Des Moines, received his law degree from Drake University and is currently working in private practice. McLellan was appointed to fill the vacancy created by the retirement of Judge Donna Paulsen. Barrows, of Bettendorf, received his law degree from Drake University and is currently working in the United States Attorney's office for the Southern District of Iowa. Barrows was appointed to fill the vacancy created by the retirement of Judge David Sivright. ###

WASHINGTON - U.S. Senators Herb Kohl, D-Wis., and Chuck Grassley, R-Iowa, are applauding a ruling by the U.S. Court of Appeals for the Third Circuit that drug companies' "pay-for-delay" settlements violate antitrust law.

 

"The court made the right decision," Kohl said. "The Third Circuit Court of Appeals' ruling is a big step toward ending an unfair and abusive business practice that keeps generic drugs off the shelves and costs consumers and taxpayers billions of dollars.

"This backroom deal making is at the expense of consumers and taxpayers, so the Third Circuit decision is good news for Americans who need affordable medicine and taxpayers who pay for prescription drugs in the Medicare and Medicaid programs," Grassley said.

In a class-action lawsuit challenging an agreement between Merck and Co.'s Schering-Plough unit and a generic drug company that delayed a competing version of the potassium supplement K-Dur 20, the Third Circuit Court of Appeals held that a "reverse payment is prima facie evidence of an unreasonable restraint of trade."

 

Last year, Kohl and Grassley introduced the Preserve Access to Affordable Generic Drugs Act (S. 27), which would deter "pay-for-delay" deals in which brand name drug companies settle patent disputes by paying generic drug manufacturers in exchange for the promise of delaying the release of the generic version into the market. Under the legislation, these anti-consumer pay-off agreements would be presumed illegal and the Federal Trade Commission (FTC) would be provided the authority to stop the agreements.

 

The Congressional Budget Office also estimates that the bill would accelerate the availability of lower-priced generic drugs and generate $4.785 billion in budget savings over a 10-year period. Additionally, CBO estimates that earlier entry of generic drugs affected by the bill would reduce total drug expenditures in the U.S. by roughly $11 billion over the decade.

Des Moines, July 17, 2012 ?Judge John Miller, senior judge serving the Iowa Court of Appeals, recently received the Iowa Judges Association Award of Merit at the Judges Association meeting. The award is given annually to recognize a judge who has made extraordinary contributions to the Iowa Judges Association and who has been a role model to new judges.

"Our Iowa judiciary is staffed with skilled, hardworking judges of high integrity who are dedicated to fulfilling their constitutional and statutory duties, and constantly strive to improve the judiciary," Judge Miller said. "I am honored and humbled to receive this award of merit from my peers for my contribution to our efforts."

The Award of Merit is given, as stated on the plaque itself, in recognition of the judge's dedication, skill, distinguished service, and extraordinary efforts for the betterment of the Iowa judiciary.

"The attributes stated on the award are exemplified by Judge Miller through his many years of outstanding service to the public as a trial judge, appellate judge, and senior judge," Fifth District Court Judge Robert Hutchison, Des Moines, said.

Judge Miller, Burlington, retired from the Iowa Court of Appeals in 2009 after more than 30 years in the judiciary. Prior to his judgeship, he was a part-time judicial hospitalization referee while in private practice from 1975-1980. Judge Miller served more than 18 years as a district court judge, 14 months of which he spent as Chief Judge of the Eighth Judicial District.   He served on the Iowa Court of Appeals from 1999-2009. He received both his undergraduate and bachelor degree from the University of Iowa, completing his undergraduate study in 1969 and graduating from law school, with distinction, in 1975.

During his career, Judge Miller was a member of the Judicial Administration Committee of The Iowa State Bar Association for nearly 22 years, and co-chaired its ad hoc judicial plebiscite committee. He was an active member of the Iowa Judges Association, as he served on a majority of its committees and spent three separate terms on its board of directors, holding each one of its offices, including its presidency in 1998-99.

# # #

New Measures Strengthen Crime Victims' Rights and Streamlines Victim Compensation

CHICAGO - July 16, 2012.  Governor Pat Quinn today was joined by legislators, community leaders and crime victims as he signed three new laws to increase assistance for crime victims and their families. The measures signed today will strengthen crime victims' rights, ensure that victims know their rights under Illinois law, and simplify the process for awarding victim compensation in Illinois. The governor signed the legislation to help crime victims as part of his commitment to increase public safety in Illinois.

"As we continue working to reduce crime in Illinois, we want to ensure that any victim of a crime has the support they need," Governor Quinn said. "These measures will help victims receive emotional and financial piece of mind while recovering from a crime."

House Bill 5187, sponsored by Rep. Rita Mayfield (D-Waukegan) and Sen. Terry Link (D-Waukegan), increases the rights of crime victims by requiring law enforcement to provide a written copy of victim rights within 48 hours of their first contact. Law enforcement will also be required to explain the assistance that victims may be eligible for under the Crime Victims Compensation Act. In addition, the law directs these rights to be posted outside any criminal courtroom in Illinois. Among the rights included is guaranteed notification to victims when an offender is committed to a mental health facility or leaves state custody. The law is supported by the Illinois Fraternal Order of Police, Illinois Coalitions Against Sexual Assault and Domestic Violence, and the Offices of the Illinois Attorney General and the State's Attorney of Cook County.

Senate Bill 3693, sponsored by Sen. Bill Haine (D-Alton) and Rep. Carol Sente (D-Vernon Hills) broadens compensation for victims and their families by providing for spousal counseling services, adding additional violent crimes that could be eligible for restitution and authorizing payments to non-family or non-immediate family members who make initial payments for medical care and other expenses. The law also streamlines payment procedures to address a time lapse between the crime, a trial and medical procedures, and provides a new maximum award of $1,250 for replacement services, $7,000 for funeral and burial expenses and $1,250 for loss of earnings. HB 5187 and SB 3693 take affect January 1.

Senate Bill 3602, sponsored by Sen. Heather Steans (D-Chicago) and Rep. Ann Williams (D-Chicago), improves the way fines are calculated and contributed to the Violence Crime Victims Assistance Fund (VCVAF). The measure streamlines the procedure for determining fund contributions by changing it from a percentage of the fine to a simple, flat fee. The law will ensure that the VCVAF receives the consistent contributions it needs to support victims and their families across Illinois in the aftermath of a crime. SB 3602 takes effect immediately.

For more information about crime victim rights and the Crime Victim Compensation Program, call the Office of Illinois Attorney General at 1-800-228-3368 or visit online at http://www.ag.state.il.us/victims/cvc.html.

###

Branstad commutes 38 sentences to life with a mandatory 60 years before parole possible

(DES MOINES) - Gov. Terry Branstad today took action to prevent the release of dangerous murders in light of the recent Miller v. Alabama United States Supreme Court decision, where they ruled that states cannot mandate life sentences without the possibility of parole for murderers who committed their crimes before the age of eighteen.

The court's ruling means that up to 38 dangerous juvenile murderers in Iowa will seek resentencing and more lenient sentences.

"During this process, the victims are all too often forgotten by our justice system, and are forced to re-live the pain of the tragedies," said Branstad. "These victims have had their loved ones violently taken away from them. I take this action today to protect these victims, their loved ones' memories, and to protect the safety of all Iowans."

In compliance with the U.S. Supreme Court decision, Gov. Branstad will commute the life without parole sentences today to life with the possibility parole only after 60 years for the 38 people who were convicted of First Degree Murder while a juvenile.

This action means that they will not have the possibility of parole until they have served 60 years.

"Justice is a balance and these commutations ensure that justice is balanced with punishment for those vicious crimes and taking into account public safety," said Branstad. "First degree murder is an intentional and premeditated crime and those who are found guilty are dangerous and should be kept off the streets and out of our communities."

"Today Governor Branstad and I want to ensure that justice is served, Iowans are protected, and victims are heard," said Reynolds. "The governor's action today gives the opportunity for parole in compliance with the recent Supreme Court decision; however, the action also protects victims from having to be re-victimized each year by worrying about whether the Parole Board will release the murderer who killed their loved one."

# # #
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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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.,

Floor Statement of U.S. Senator Chuck Grassley on the nomination of John Thomas Fowlkes to be United States District Judge for the Western District of Tennessee

Tuesday, July 10, 2012

Mr. President, I rise in support of the nomination of John Thomas Fowlkes, to be United States District Judge for the Western District of Tennessee.

Although it is the practice and tradition of the Senate to not confirm Circuit nominees in the closing months of a Presidential election year, we continue to confirm consensus District Judge nominees.  Today's vote will be the 152nd nominee of this President confirmed to the district and circuit courts.  We also have confirmed two Supreme Court nominees during President Obama's term.

I continue to hear some members repeatedly ask the question "What is different about this President that he has to be treated differently than all these other Presidents?"  I won't speculate as to any inference that might be intended by that question, but I can tell you that this President is not being treated differently than previous Presidents.  By any objective measure, this President has been treated fairly and consistent with past Senate practices.

For example, with regard to the number of confirmations, let me put that in perspective for my colleagues with an apples-to-apples comparison.  The last time the Senate confirmed two Supreme Court nominees was during President Bush's second term.   And during President Bush's entire second term the Senate confirmed a total of only 119 district and circuit court nominees.  With Judge Fowlkes' confirmation today, we will have confirmed 33 more District and Circuit nominees for President Obama than we did for President Bush, in similar circumstances.

During the last Presidential election year, 2008, the Senate confirmed a total of 28 judges - 24 District and four Circuit.  Today, we will exceed the number of District Court judges confirmed.  We have already confirmed five Circuit nominees, and this will be the 25th District judge confirmed this year.  Those who say that this President is being treated differently either fail to recognize history or want to ignore the facts.

Judge Fowlkes received his B.A. from Valparaiso University in 1975 and his J.D. from University of Denver School of Law in 1977.  From 1978 to 1979 he worked as an assistant public defender at the Shelby County Public Defender's Office, where he represented indigent defendants.  In 1979, he joined the Shelby County District Attorney General's Office and served as an Assistant District Attorney for the next ten years.  There he tried nearly 150 jury trials, handling homicide, assault, sex offense, robbery, and burglary cases. In 1989, he became an Assistant United States Attorney, trying criminal cases until 2002.  As an AUSA, he tried over 100 jury trials and handled all appellate level work. During his time at the Attorney's Office, Judge Fowlkes was a First Assistant for several years, directing day to day operations of the office.   From 2002 to 2007, Judge Fowlkes was the Chief Administrative Officer for Shelby County.  He was not engaged in the practice of law during this period.

In 2007, then-Governor Phil Bredesen appointed Judge Fowlkes to be a Criminal Court Judge for Division VI of the 30th Judicial District at Memphis.  In November 2008, he was elected to a full, eight-year term. In 2011, he was elected by judges of the 30th Judicial District to serve as presiding judge.

The ABA Standing Committee on the Federal Judiciary unanimously rated Judge Fowlkes as "Well Qualified."

I support the nomination and congratulate Judge Fowlkes on his confirmation today.
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

New law makes fleeing more difficult for offenders

CHICAGO - July 5, 2012. Governor Pat Quinn today signed legislation that strengthens Illinois' criminal justice system. Senate Bill 2520 closes a loophole in the Illinois Criminal Code, thereby making it more difficult for fugitives to flee a municipality, county, state, country, or other defined jurisdiction. Today's action by Governor Quinn is his latest to crack down on crime and increase public safety.

"It is my duty to keep the people of Illinois safe and ensure we have a sound criminal justice system," Governor Quinn said. "This legislation will prevent criminals from evading punishment and help us bring them to justice."

Sponsored by Sen. Ira Silverstein (D-Chicago) and Rep. Sidney Mathias (R-Arlington Heights), SB 2520 makes it a Class 4 felony for an offender's immediate family members over the age of 18 to assist them in fleeing, or to intentionally prevent the seizure and arrest of the offender. Violators will face between one and three years in prison and/or a $25,000 fine. Currently, a loophole in the Illinois Criminal Code exempts immediate family members from violation of the statute. Illinois had been one of only 14 states to exempt immediate family members.

This legislation arose from an investigative series in the Chicago Tribune highlighting flaws in the criminal justice system that allow criminals to flee the country and remain free even when authorities know their whereabouts.

The law is effective Jan. 1, 2013.                         

 

 

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(DES MOINES) - Gov. Terry Branstad today named Jason Carlstrom, of Spirit Lake, as chair of the Iowa Board of Parole, effective September 3.

Carlstrom, 41, replaces Doris Kelley, who will resume her responsibilities as vice chair of the board.

"Jason will be a great leader for this board, and brings with him an unmatched ability and experience," said Branstad. "I am excited to see the great work he will do on behalf of Iowans in his new role of service."

Carlstrom is currently the Dickinson County Attorney. Prior to this elected position, he served as an attorney in private practice, and was an adjunct professor at both Buena Vista University and Iowa Lakes Community College.

"I am excited to serve in this new position, as we look to find effective, efficient and streamlined operations," said Carlstrom. "This is an exciting time for the Iowa Parole Board, as Governor Branstad has made it a priority to improve its services."

Branstad thanked Doris Kelley for her work, and is pleased she will continue serving on the board in a leadership capacity.

"I want to thank Doris for her outstanding work during this transition period, and am excited to see her resume her responsibilities as vice chair," said Branstad. "Her time was extremely valuable for the board, as she led on a number of positive new initiatives."

"Jason Carlstrom is taking the reins at an important time for the Iowa Board of Parole, and I look forward to seeing the great work he'll accomplish," said Kelley. "I will work with him every day to ensure the needs of this board are met in order to effectively serve the people of Iowa."

Carlstrom will move to the Des Moines metro area, where he will reside full-time.

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