Louise Alexander, age 38, both of Eldridge, Iowa, were sentenced by United States District Judge James E. Gritzner on charges related to defrauding the Social Security Administration, announced United States Attorney Nicholas A. Klinefeldt. Robert was sentenced for his conviction for conspiracy to defraud the Social Security Administration. He was sentenced to 10 months imprisonment, ordered to serve 3 years supervised release following the imprisonment, and pay $100 towards the Crime Victims Fund. Maureen was sentenced to 5 years probation for social security fraud, and she was ordered to pay $25 towards the Crime Victims Fund. Robert and Maureen, jointly and severally, were also ordered to repay $25,297.62 to the United States Government and $22,432.01 to the State of Iowa for benefits overpayments.

On December 21, 2010, Robert Alexander submitted an application for disability insurance benefits (SSD) to the Social Security Administration (SSA) in which he, among other things, falsely reported that he had not worked since 2008. In early 2012, Robert began a relationship with Maureen. For the purpose of obtaining SSD benefits for which he was not entitled, he and Maureen agreed to conceal from the SSA the fact that Robert had been working since 2008. Up through the fall of 2013 Robert and Maureen made additional material false statements including to an investigator with the SSA Office of Inspector General in September 2012 and in other SSA proceedings related to Robert obtaining SSD benefits to which he was not entitled.

This case was investigated by the Social Security Administration (SSA); the SSA Office of the Inspector General; and the Iowa Department of Inspections and Appeals. The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.
# # #
DAVENPORT, IA - On August 20, 2014, Jose Rodriguez Paz, age 31, a citizen of Mexico, was sentenced by United States District Court Chief Judge James E. Gritzner to 27 months imprisonment, after pleading guilty to illegal re-entry into the United States, announced United States Attorney Nicholas A. Klinefeldt. Rodriguez Paz was also ordered to serve one year of supervised release following imprisonment, and to pay $100 towards the Crime Victims Fund. After serving his sentence, Rodriguez Paz will be turned over to Immigration authorities for removal proceedings.

Rodriguez Paz was given an enhanced sentence based on a 2011 Iowa aggravated felony conviction for possession with intent to deliver cocaine, and after this State drug conviction was deported. Rodriguez Paz was most recently found in the United States on February 24, 2014, when he was turned over to federal authorities after a Muscatine arrest.

This case was investigated by the United States Department of Homeland Security Investigations, and the case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.
# # #

Des Moines, August 19, 2014– On Thursday, September 11, the Iowa Supreme Court will hear oral arguments in Iowa City, Iowa. The proceeding will take place in the Iowa City West High School auditorium, 2901 Melrose Avenue. The session is open to the public and will begin at 7 p.m.

The court will hear attorneys argue in two cases:

State of Iowa v. Zachariah J. Rogerson, No. 13-1329, from Dubuque County

The defendant is charged with four counts of serious injury by operating a motor vehicle while intoxicated. Rogerson was granted discretionary review from the district court's order allowing some of the state's witnesses (the victims who reside out of state and witnesses from the Iowa Division of Criminal Investigation Criminalistics Laboratory) to testify at trial using the Iowa Communications Network (ICN). Rogerson argues it would violate his rights under the Confrontation Clauses of the United States and Iowa Constitutions to allow the state's witnesses to testify from outside of the courtroom via the ICN network when the state did not present any evidence of the necessity to allow remote testimony.

State of Iowa v. Yvette Marie Louisell, Case Number 14-0175, from Story County

The state appeals from the resentencing of Louisell who was convicted of murder in the first degree in 1988 for an offense she committed at seventeen years of age. The state argues the principles of cruel and unusual punishment allow a district court to strike down an unconstitutional sentence, but do not authorize it to create a determinate sentence. The district court imposed a 25-year sentence that, in light of Louisell's credit for time served, would result in her immediate release from prison. The district court's resentencing order was stayed pending the resolution of the state's appeal.

Note to News Media

News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera, audio recording devices, and other electronic devices used during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch Website at http://www.iowacourts.gov/For_the_Media/Expanded_News_Media_Coverage/ .

The Iowa Court Rules regarding cameras and other electronic devices in courtrooms are on the Iowa Legislature website at https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/06-30-2014.25.pdf . Internet Explorer 9 or higher is required to view this page of the Iowa Legislature website. Mozilla, Firefox, or Google Chrome will also work.

# # #

Des Moines, August 18, 2014– The Iowa Supreme Court today announced its 2014-2015 adjudicative term calendar, including special sessions to hear oral arguments in communities around the state. The court's adjudicative term will be from September 2, 2014, to June 30, 2015.

The court will hear special session oral arguments in Iowa City, Storm Lake, Creston, and Decorah. The evening sessions are scheduled for the convenience of members of the public who wish to attend. Drake University School of Law and the University of Iowa College of Law will also host oral arguments with limited seating for the public. There will be a special evening session in Des Moines in February for central Iowa residents who may not have been able to attend the court's regular morning and afternoon sessions.

"In the past three years, the Iowa Supreme Court has visited 13 communities for evening oral arguments and public receptions," Chief Justice Mark Cady said. "Talking with people in these communities has given us a tremendous, first-hand insight into what Iowans expect from their court system now and into the future. During that same time, we have visited 84 high schools, colleges, and universities to talk with students about the role of the Iowa Judicial Branch and the importance of the rule of law in resolving the disputes Iowans bring before us."

The court's special sessions schedule:

 

September 11, 2014

Iowa City West High School

7:00 p.m.

 

September 12, 2014

University of Iowa College of Law

1:00 p.m.

 

October 15, 2014

Buena Vista College, Storm Lake

7:00 p.m.

 

February 24, 2015

Iowa Judicial Branch Building, Des Moines

7:00 p.m.

 

March 9, 2015

Creston High School

7:00 p.m.

 

March 26, 2015

Drake University Law School

9:00 a.m.

 

April 8, 2015

Decorah High School

7:00 p.m.

The court will continue its regular schedule of oral arguments in Des Moines during the adjudicative term. All supreme court oral arguments are open to the public. Oral arguments heard in Des Moines are streamed live on the Internet and archived on the Iowa Judicial Branch website at http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Oral_Argument_Videos/ .

Between May, 2011, and April, 2014, the supreme court heard oral arguments in Cedar Rapids, Mason City, Carroll, Council Bluffs, Bettendorf, Ottumwa, Waterloo, Sioux City, Dubuque, Fort Dodge, Burlington, Clarinda, and Toledo. Coinciding with each visit, the justices met with high school and college government and American history classes.

The court's complete calendar for its 2014-2015 term is on the Iowa Judicial Branch website at http://www.iowacourts.gov/About_the_Courts/Supreme_Court/Oral_Argument_Schedule/ .

# # #

DAVENPORT, IA - On August 15, 2014, Jose Antonio Garcia, age 44, of Davenport, Iowa, was sentenced by United States District Judge John A. Jarvey for possession with intent to distribute cocaine announced United States Attorney Nicholas A. Klinefeldt. Garcia was sentenced to 108 months imprisonment. He was also ordered to serve three years of supervised release following the imprisonment and to pay $100 towards the Crime Victims Fund.

Over the course of many years, beginning in the early 2000's and continuing until about June 17, 2013, Garcia distributed cocaine in the Davenport, Iowa, area. On June 17, 2013, law enforcement officers executed a search warrant for a residence associated with Garcia and his spouse, co-defendant Leann Perez. At that residence agents located, among other things, over one-half kilogram cocaine, digital scales, and packaging material.

This case was investigated by the Davenport, Iowa, Police Department and the Iowa Department of Narcotics Enforcement. The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.

# # #


In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (August 15, 2014)

Order (80 kb)



In the Matter of Probate Forms in Chapter 7 of the Iowa Court Rules (June 17, 2014)

Amended forms to take effect permanently August 16, 2014

Order (43 kb)



In the Matter of Probate Forms in Chapter 7 of the Iowa Court Rules (May 23, 2014)

Order (53 kb)


Chapter 7 Title and Contents (140 kb)


Probate Forms (286 kb)



In the Matter of Chapter 25 of the Iowa Court Rules (April 29, 2014)

Further amendments to rules and forms of Chapter 25
Effective May 1, 2014

Order (43 kb)


Chapter 25, Rules for Expanded News Media Coverage (246 kb)


Chapter 25, EMNC forms (562 kb)


Summary of Amendments to Chapter 25 (203 kb)



In the Matter of Amendments to Division III of the Iowa Court Rules (April 25, 2014)

Order (45 kb)


Rule Changes for Law Student Registration & Lawyer Reporting Dates (98 kb)



In the Matter of Chapter 25 of the Iowa Court Rules (April 2, 2014)

Effective May 1, 2014

Order (115 kb)


Chapter 25, Rules for Expanded News Media Coverage (245 kb)


Chapter 25, EMNC forms (512 kb)


Summary of Amendments to Chapter 25 (201 kb)



In the Matter of Chapter 17 of the Iowa Court Rules and Self Represented Litigant Forms for Disestablishing Legal Parent (March 26, 20140

Order (73 kb)


Rule 17.200 Family law forms for dissolution of marriage with dependent children (129 kb)


Form 212: Joint Statement on Legal Parent (501 kb)


Form 213: Motion to Disestablish Legal Parent (504 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Student Practice (March 21, 2014)

Order (29 kb)


Rule 31.15 Student Practice Rule (152 kb)


OPR Memo Re: Amendment of Student Practice Rule (65 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Continuing Legal Education (March 21, 2014)

Order (28 kb)


Chapters 41 and 42 (176 kb)


OPR Memo Re: Distance Education Changes as Adopted (65 kb)



In the Matter of Adoption of New Chapter 17 Forms for Applications to Modify Child Support in the Iowa Court Rules (March 6, 2014)

Order (406 kb)


Rule (127 kb)


Forms (1451 kb)


Guide (492 kb)



In the Matter of Chapter 17 of the Iowa Court Rules and Adoption of New Forms for Dissolutions of Marriage with Children (December 19, 2013)

Order (79 kb)


Divorce Forms for Self Represented Litigants With Minor Children (4394 kb)


Guide to Representing Yourself in an Iowa Divorce Case with Minor Children (543 kb)


Chapter 17 of the Iowa Court Rules (153 kb)



In the Matter of Amendments to Division III of the Court Rules Regarding the Client Security Trust Fund (November 26, 2013)

Order (160 kb)


Office of Professional Regulation Memorandum (118 kb)


Chapter 39 and 40 (141 kb)



In the Matter of Adoption of New Forms for Dissolutions of Marriage with no Minor Children (November 6, 2013)

Order (60 kb)


Divorce Forms for Self Represented Litigants With No Minor Children (2415 kb)


Guide to Representing Yourself in an Iowa Divorce Case with no Minor Children (445 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (October 22, 2013)

Supervisory Order (66 kb)


Rules 16.302, 16.320, 16.701 (132 kb)



In the Matter of the New Rule of Juvenile Procedure (October 16, 2013)

Juvenile Procedure 8.36

Order (125 kb)


Rule 8.36 (253 kb)


Standards of Practice (309 kb)



In the Matter of Amendments to Iowa Court Rules Regulating Admission to the Bar (August 22, 2013)

Effective immediately

Order (25 kb)


Chapter 31, Admission to the Bar (214 kb)



In the Matter of Adoption of Clarifying Comments (June 13, 2013)

Iowa Rule of Professional Conduct 32:1.13
Effective immediately

Order (61 kb)



In the Matter of Iowa Court Rules New Chapter 26 (June 4, 2013)

Rules for Installment Payment Plans and Other Court Collection Activities
Effective July 1, 2013

Order (253 kb)


Chapter 26 (294 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 9 (May 9, 2013)

Child Support Guidelines
Effective July 1, 2013

Order (69 kb)


Chapter 9, Child Support Guidelines (2035 kb)


Child Support Guidelines Review Committee Final Report (2595 kb)



In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)

The Iowa Supreme Court has approved rules governing electronic appellate processes. The rules, to be contained in the Chapter 16 court rules pertaining to EDMS, are prospective only. The court will announce an effective date for the rules and for implementation of electronic filing in the appellate courts at a later date.

Order (63 kb)



In the Matter of Amendments to Rules of Appellate Procedure and Organization and Procedures of Appellate Courts in Chapters 6 and 21 of the Iowa Court Rules (March 5, 2013)

The Iowa Supreme Court has amended the rules of appellate procedure contained in chapter 6 of the Iowa Court Rules and has rescinded and rewritten the rules governing the organization and procedures of appellate courts contained in Chapter 21 of the Iowa Court Rules.
Effective May 3, 2013

Order (74 kb)


Chapter 6 and Chapter 21 (116 kb)



In the Matter of Adoption of an Emeritus Pro Bono Practice Rule (March 1, 2013)

The Iowa Supreme Court has adopted an emeritus pro bono practice rule (Iowa Court Rule 31.19) that encourages retired or retiring Iowa attorneys, including attorneys licensed in other states, to provide volunteer legal services on behalf of legal aid organizations serving low income persons in Iowa.
Effective immediately

Order and Rule Amendments (323 kb)



In the Matter of New Rule of Civil Procedure (December 6, 2012)

The Iowa Supreme Court has approved the addition of rule 1.1702 to the Iowa Rules of Civil Procedure providing a uniform process for interstate depositions and discovery.

Supervisory Order (157 kb)



In the Matter of Amendments to the Iowa Court Rules (November 8, 2012)

Forms Regarding Appointment of Counsel
Temporarily adopting the attached forms, effective immediately. Forms permanently take effect January 7, 2013.

Supervisory Order and Forms Regarding Appointment of Counsel (294 kb)



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)

This is additional information reference the shooting that took place in the 20,000 block of 210th Street, rural Scott County on Monday, July 28, 2014.

Matthew R King DOB 11/28/83 was identified as the suspect in the shooting of Gabriel Almanza, age 43, a resident of Davenport. There was a warrant issued for his arrest last week.

The Scott County Sheriff's Office had information that King might be in the Peoria, Illinois area.

The warrant information was given to the U.S. Marshalls office to enlist their assistance in locating King.

On 8/6/14 The Scott County Sheriff's Office was notified by the Marshalls Office that they located King in the Peoria area at a relatives residence and arrested him on our warrant for Robbery 1st.

The Marshals Service currently has King in their custody. He will be returned to our jurisdiction to answer to the charges.

DAVENPORT, IOWA – Can a 16 year old genius attorney learn to survive in the adult world of law and litigation? That's the question answered in Jodie Toohey's new novel, Melody Madson - May It Please the Court? Toohey will be celebrating publication of the book with a launch party open to the public on Saturday, August 16, 2014, from 1 to 3 p.m. at Midwest Writing Center, located on the 3rd floor of the Bucktown Center for the Arts, 225 E. 2nd Street, in downtown Davenport. Toohey will be reading an excerpt, answering questions, giving away door prizes, and sharing free refreshments.

This is Toohey's fourth published book. She also has two poetry collections, Crush and Other Love Poems for Girls (2008) and Other Side of Crazy (918studio, 2013). Her other novel, Missing Emily: Croatian Life Letters was released in 2012. She was also a contributor to the MWC Creative Writing Primer (2012, MWC Press). Melody Madson - May It Please the Court? is available for sale on Amazon.com and other online retailers. It will also be available after the launch at both The Book Rack locations, Exotic Imports at Southpark, and can be requested at other local book sellers. She's also giving away two free copies through Goodreads.com.

"I was inspired to write this novel while working as a paralegal," Toohey states, adding "In many ways, even though I was in my 20s, I felt like I was 16 when I started that work." In the novel, Melody finally gets her big break when senior partner at Lazlo, Marshdon and Brown assigns her first real case. Melody's relationship with her best friend, Jewel, becomes strained as her friendship with another associate, Maggie, advances and she develops romantic feelings for her boss' son, Eric. Her feelings for Eric deepen, her relationship with Jewel sours, the key medical record in her case is lost, and Melody feels her life is crumbling. After working the entire weekend before trial, Melody finds the record, but before she can celebrate, she's caught. Jewel attempts to free Melody but she is caught and the friends are tied to an office chair, driven out to the middle of nowhere, and left alone, not knowing if they'll be able to save the case - or themselves.

When she is not writing novels, Jodie Toohey operates Wordsy Woman Word Sales and Service, a professional writing and editing business that helps people say what they want to say. She lives with her husband, daughter, son, cat, and dog in Davenport, Iowa. To learn more about Toohey and her books, visit www.jodietoohey.com.

###
The suspect in the shooting that took place in Scott County on July 28th is Matthew R. King. The victim was identified as Gabriel Almanza, age 43,a resident of Davenport. Almanza is recovering from two gunshot wounds at a local hospital. He is in stable condition.

There has been a warrant issued for the arrest of Matthew R King DOB 11/28/83. King is the suspect identified in this shooting. If anyone sees or comes into contact with King they are asked to contact Law Enforcement immediately. King is considered armed and dangerous.

Major Mike Brown  563-940-8202

The Iowa State Bar Association "Blue Ribbon Committee on Legal Education & Licensure" has submitted recommendations to the Iowa Supreme Court regarding Iowa's bar admission process. The ISBA committee recommends that Iowa adopt a "diploma privilege" whereby graduates of the two in-state law schools, Drake University School of Law and the University of Iowa College of Law, would no longer have to pass a bar examination to become licensed to practice law in Iowa.

The court seeks public comment on the diploma privilege recommendation. The comment period runs from May 13, 2014, to July 14, 2014. The process for submitting comments to the court is set forth in the court order identified below. The court has also scheduled a public hearing on the diploma privilege recommendation to be held August 27, 2014, in the Iowa Supreme Court courtroom.

Also provided below are links to the ISBA recommendations and to a court staff report providing additional information on the diploma privilege.

Order Setting Schedule for Public Hearing

Order requesting public comment

ISBA recommendations on diploma privilege

Staff report on diploma privilege

Public Comments

Pages