Gentility empowers Judge Al Habhab`s life

Transcription

THE
Volume 62 Number 10 October 2002
IOWA LAWYER
Gentility empowers
Judge Al Habhab’s life
Lebanese immigrants’ son celebrates the
Constitution
ALSO IN THIS ISSUE
– Fredregill looks at
judges’ salaries
– “DNA fingerprinting”
(from a precocious source)
– “Ask me what’s great....”
A big hit!
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THE
CONTENTS
IOWA LAWYER
Published at 521 East Locust
Des Moines, Iowa 50309
Charles Corcoran, Editor
515-243-3179
President’s Letter - Fredregill . . . . . . . . . 5
Successful July bar examinees listed . . . 21
Judge Habhab’s journey
into law - Corcoran . . . . . . . . . . . . . . 6
Transitions . . . . . . . . . . . . . . . . . . . . . 22
DNA fingerprinting comes
of age - Skilton . . . . . . . . . . . . . . . . 10
“Ask me....” program a smash
hit statewide . . . . . . . . . . . . . . . . . . 15
THE IOWA STATE BAR ASSOCIATION
OFFICERS 2002-2003
President, Alan E. Fredregill, Sioux City
President-elect, Kevin Collins, Cedar Rapids
Vice President, Nicholas Critelli, Jr., Des Moines
Immediate Past President, C. Joseph Holland, Iowa City
Executive Director, Dwight Dinkla, Des Moines
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THE
IOWA LAWYER
Gentility empowers
Judge Al Habhab’s life
Lebanese immigrants’
son celebrates the
Constitution
ALSO IN THIS ISSUE
– Fredregill looks at
judges’ salaries
– “DNA fingerprinting”
(from a precocious source)
– “Ask me what’s great....”
A big hit!
– Law student research
services available at Drake
For Display Advertising Rates
Contact David R. Larson (515) 440-2810; or write:
The Iowa Lawyer, c/o Larson Enterprises, 909 50th St.,
West Des Moines, IA 50265.
Communicating with The Iowa Lawyer online:
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[email protected]. Please include your daytime
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Dinkla’s electronic mail address is [email protected].
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[email protected].
ABOUT THE COVER
JUDGE AL HABHAB’S parents could not read or
write in English, but they spoke thickly accented English
as well as their native Lebanese at home, for the sake of
their children. Moses and Hadea Habhab’s lives were
their seven children. They had immigrated here with
nothing; they worked hard to give their five boys and
two girls the best that America could give – including
respect for freedom and love of the law. The life of one
of their boys, Albert, became part of their legacy in
America and a gift in the law to Iowa. Read about him
on page 6. (Photo by Chuck Corcoran)
Iowa State Bar Association Board of Governors
OFFICERS:
Alan E. Fredregill, president,
Sioux City, (712) 255-8838;
Kevin Collins, president-elect,
Cedar Rapids, (319) 365-9461;
Nicholas Critelli, Jr., vice president,
Des Moines, (515) 243-3122;
Dwight Dinkla, secretary,
Des Moines, (515) 243-3179,
C. Joseph Holland, immediate past president,
Iowa City, (319) 354-0331
DISTRICT 1-A:
Marion Beatty, Decorah, (319) 382-4226;
Stephen Juergens, Dubuque, (319) 556-4011.
DISTRICT 1-B:
C Kevin McCrindle, Waterloo (319) 234-0535;
George L. Weilein, Waterloo, (319) 233-6163.
DISTRICT 2-A:
C. Bradley Price, Mason City, (641) 423-1173;
Thomas A. Lawler, Parkersburg, (319) 346-2650.
DISTRICT 2-B:
Steven W. Hendricks, Fort Dodge, (515) 576-4127;
Joel T. Greer, Marshalltown, (641) 752-5467;
Jim P. Robbins, Boone, (515) 432-7114;
DISTRICT 3-A:
A. David Bibler, Algona (515) 295-3565.
Joseph Fitzgibbons, Estherville, (712) 362-7215
DISTRICT 3-B:
James Lohman, Denison, (712) 263-4627
Dan A. Moore, Sioux City, (712) 252-0020
DISTRICT 4:
J.C. Salvo, Harlan, (712) 755-3141
Charles L. Smith, Council Bluffs, (712) 325-9000
DISTRICT 5-A:
Mark Otto, Newton, (641) 792-4160
DISTRICT 5-B:
Elisabeth S. Reynoldson, Osceola, (641) 342-2157
DISTRICT 5-C:
Steven Lytle, Des Moines, (515) 283-8159
Michelle A. McGovern,
Des Moines,(515)281-6620
John K. Vernon, Des Moines, (515) 246-4511
David S. Wiggins, Des Moines, (515) 225-4822
Brian Wirt, Des Moines (515) 288-2500
Nan Horvat, Des Moines, (515) 286-3688
Susan L. Ekstrom, Des Moines, (515) 243-6395
Carol Moser, Des Moines, (515) 237-1561
David C. Craig, Des Moines, (515) 288-0145
Anita L. Shodeen, Des Moines, (515) 237-1186
DISTRICT 6:
Marsha Beckelman, Cedar Rapids, (319) 297-7515
Marsha A. Bergan, Iowa City, (319) 351-5193
Christine M. Luzzie, Iowa City, (319) 351-6570
Daniel Y. Rathjen, Tama, (641) 484-5211
J. Michael Weston, Cedar Rapids, 319-366-733.
DISTRICT 7:
Patricia R. Cepican, Davenport (319) 355-6478
A. John Frey, Jr., Clinton, (563) 242-1832
Stuart P. Werling, Tipton, (319) 886-2175
DISTRICT 8-A:
Michael Moreland, Ottumwa, (641) 682-8326
Rick L. Lynch, Bloomfield, (641) 664-3188
DISTRICT 8-B:
Roger A. Huddle, Wapello, (319) 523-4221
IOWA JUDGES ASSOCIATION REPRESENTATIVE:
Honorable Donna Paulsen,
immediate past president, IJA
EX-OFFICIO MEMBERS:
James Carney (legislative counsel)
Des Moines, (515) 282-6803
ABA DELEGATES:
David Funkhouser Mason City, (515) 423-6223
David Brown, Des Moines, (515) 244-2141
Jay Eaton, Des Moines, (515) 832-6565
YLD OFFICERS:
Timothy Semelroth, president,
Cedar Rapids, (319) 365-9200
Aaron Oliver, president-elect,
Des Moines, (515) 244-2141
Joseph T. Moreland, secretary,
Iowa City, 319-337-9606
Paul Ahlers, immediate past-president,
Webster
THECity, (515) 832-6565.
IOWA LAWYER October 2002 3
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4
THE
IOWA LAWYER October 2002
THE PRESIDENT’S LETTER
Judicial pay just fine, so far
The August,
2002, “Washington Letter”
from the
American Bar
Association for
Alan Fredregill
state bar leaders
discussed an
official ABA
position paper on judicial pay issued by
ABA Immediate Past President Robert
Hirshon. He noted that, while compensation is not the only reason that
lawyers seek judicial positions, “inadequate pay is a strong disincentive for
lawyers in private practice to accept
judicial nominations.” His reference
was to the federal system, but it has
equal applicability to the Iowa judicial
branch.
“Since 1977, there has been a
pronounced trend for district court
appointees to come increasingly from
the public sector,” Hirshon noted. He
and the ABA believe that this may contribute to an eventual lack of diversity
of experience on the federal bench. I
suspect the same trend is in evidence in
Iowa state courts.
While judicial pay will never match
the upper echelons of those lawyers in
the most lucrative areas of private practice, judicial salaries in Iowa should not
be less than or equal to entry level
salaries in the private sector. There is
clear evidence that they are.
Statistics published by the University
of Iowa College of Law Career Services
office in April, 2002, show that the average starting pay for its 2001 graduates
nationwide was $78,495. The median
starting salary was $80,000. The top
quarter started at $110,000. Anecdotal
reports are that the very top Iowa
graduates started at $150,000. Compare
these to Iowa district judge salaries,
which top out at about $106,000
annually. Even the chief justice receives
only $117,400. His last clerk reportedly
left for an associate’s position in private
practice at a starting salary that was
thousands more than that earned by
Iowa’s top jurist.
Despite this, we have held our own in
judicial quality, so far. According to a
study published in January, 2002, by the
U.S. Chamber of Commerce, Iowa’s
judicial branch was ranked among the
top five in the nation in each of the following categories:
■ Judges’ competence
■ Judges’ impartiality
■ Overall treatment of tort and contract litigation
■ Timeliness of summary
judgment/dismissal
■ Treatment of class actions.
Help plan our Annual Meeting!
The ISBA Annual Meeting Committee wants to hear from you!
Is there a topic you would like to have covered in continuing legal education seminars during the Annual Meeting?
Is there a great Iowa speaker that you would like to hear talk
on a certain topic?
However, judicial statistics show that
within the next 10 years, about 40 percent of our bench will be lost to age
attrition alone. We don’t know how
many additional judges will retire from
the bench due to low pay. But the
competition is out there. Mediation
and “private courts” such as arbitration
attract increasingly more litigants to
alternative dispute resolution. Our
judges are naturals to be lured into
private positions as neutrals to staff
these needs. All of these empty
judgeships will have to be filled.
Is the current salary adequate to
attract qualified new candidates?
While the overall quality of judicial
candidates remains strong, so far, some
fear that eventually there will be shortages of applicants with better qualifications because of the pay issue. Reports
from around the state already cite fewer
applicants for some judicial vacancies.
There is no doubt that Iowa’s budget
woes make this a bad time to seek an
increase in funding for any branch of
government. But it is the budget
crunch itself that may lead more and
more of our judiciary to quit in frustration. As one judge candidly told me,
the “psychological benefits” are no
longer there. Pensions are threatened.
Court staffs are shrinking. Support
services and supplies are virtually
non-existent.
Our court system has survived this
continued belt tightening, so far.
But it’s just like the story of the cheap
farmer who tried to train his mule to
eat progressively less to save on feed
costs. Asked how it was going, the
farmer said, “Just fine, so far.” But
then, just when the poor critter was
down to one mouthful of hay a day, he
died of starvation.
Is there a nationally-recognized speaker you would like to see come to Iowa to be
the featured presenter?
The meeting committee’s co-chairs want your ideas and suggestions –
Please contact Sue Dulek at 319-356-5030 and [email protected] or Mary
Lynn Neuhaus at 319-588-7521 or [email protected]
The committee is listening and eager to have your ideas.
THE
COVER STORY
Blessings of a modest beginning
Determined immigrant parents shaped him as an American lawyer and jurist
Judge Albert L
Habhab is a reflective, admittedly sentimental man when
it comes to family.
He has honored his
parents with his
life’s accomplishments entwined in
the ever-present recollection of how
they devoted their
lives to their seven
children.
“My father came to this country
with nothing,” he said, “poor and
nowhere to go.”
He clearly imagines those days 90
years ago as if they were today Young Moses, five-foot-eleven and
lean, weighing about 160 pounds, a
Lebanese immigrant, brand new to
America, trudging rural gravel and
dirt roads around Fort Dodge. In his
mind’s eye, his dad is still lugging
sewing supplies, bolts of cloth, buttons, needles, thread and assorted
sundries, making his way on tired legs
50
THE
year, the year of his retirement five
years ago, rocks back in an old wooden desk chair in his hard to find,
fourth floor corner office of the
Webster County courthouse. As a senior retired judge he does most of his
work for the appeals court in this
freshly painted room, reflecting the
care the county has taken in refurbishing the building and its grand,
modern-looking, Greek revival courtroom.
Reviewing about a hundred cases a
year, he writes opinions in a couple of
dozen annually, sitting on three-judge
panels. He communicates with the
court’s offices in Des Moines by
phone and facsimile. He likes the
work in this seclusion, he says. He
can give his full attention to the legal
questions before him ensconced
here. He does enjoy regularly getting
to Des Moines, too, to work with
peers on the court.
A lawyer since 1952, celebrating
the golden anniversary of his law
career at the Bar’s annual meeting
last June, Al, as he prefers friends to
wonderful, awful, amazing years in America
Judge Habhab
used this text as
talking points during
the 50-year class
luncheon at this year’s
Annual Meeting, embellishing it with personal
recollections and fillips of
detail from his colorful
life. We present it here
for its flavor, but realizing
we cannot duplicate the
impact his personal
“smoothing over” gave it.
6
and aching feet, from farm to farm,
day after day. He had started that
route on his own after working as a
common laborer for the city.
“He became a peddler,” he says,
shaking his head from side to side.
“Can you imagine, going from one
farmstead to another to make a living?”
His father built a good business,
even finding farm wives willing to
earn money sewing shirts for him to
sell from material he supplied. Years
later the judge received a letter from
a farm customer of his dad, the words
of which were so full of praise and
admiration they brought tears to his
eyes. Those thoughts reread today
still do the same thing to him.
Eventually, in the ‘30s, he owned a
filling station in town and grew it into
another business, a successful small
trucking company. “He didn’t speak a
word of English when he came here.
He went far and that was quite a feat
in those days for an immigrant.”
The judge, who became chief jurist
of the Iowa Court of Appeals for a
When I was asked to
speak, it was suggested that
I comment briefly on the
changes that have taken
place these past 50 years –
changes in the law and
elsewhere.
I stand here this day with
a group that has witnessed –
and been a part of those
changes. Most of us here –
certainly those that are
celebrating our 50-year
milestone – are well into
our 70 years of age.
In our youth we experienced firsthand the affect of
the depression – we drove the
Model A cars – and if the
starter failed to work, we
know what it was like to use a
crank to start the engine –
and the kick-back you felt if
you did not crank properly.
We felt the pangs of hunger
and dreamed of a better
tomorrow. Life was much
slower. We looked and
listened to the radio. When
looking we saw a wooden
box-when listening
we had to adjust the tuning
mechanism to rid the static.
To offset all of those
problems, we were favored
with the broadcasting of
Fibber McGee and Molly,
Eddie Cantor, Jack Benny,
Fred Allen, George Burns and
Gracie Allen, and an endless
line of others. Bear in mind
this was before television –
the entertainment media
many people referred to as
the “miracle of our time.”
Most of us felt the ravages
of war. We knew what it was
COVER STORY
call him, was the class speaker at its
luncheon. He drew vivid word pictures
of the halcyon days when lawyering was
new to them and society was less permissive. (The talk drew praise from a
bar staff member who thought it “beautiful.”)
Al’s recollection of his family’s service in World War II is bittersweet and as
important a part of his life’s story as
any other. He came of age the hard
way, as did many “boys” sent overseas to
fight that merciless fight, often having
their friends and brothers die in battle.
He won’t talk about his decorations,
but there are some that distinguish
him. He was a combat infantryman in
the infamous Battle of the Bulge. He
was told he faced almost certain amputation of several toes, but after good
hospital care his “gangrene” was
re-diagnosed as “trench foot,” the
common name for the serious and
painful infection many soldiers
contracted after long exposure to
water and muck on the battlefield.
What he does talk about first is the
loss of his aviator brother Oscar. He
recalls the story told by one of his five
brothers, Hassan, of how Hadea, their
devoted mother, who also emigrated
from Lebanon, broke down when the
telegram came while he was home on
like to kill – lest we be killed.
We had an abiding faith that
what we were committed to
was necessary and right. Our
future in the early 40’s was
fixed and determined. It
meant military service for the
able-bodied. There was a
swell of patriotism. Many did
not wait to graduate from
high school, but enlisted
as soon as it was legally
possible. A number arbitrarily
advanced their birthday so
they could be
part of the military on an
earlier date. It was the thing
to do. But then, jobs were not
leave. He said she never seemed to
recover from the loss.
Oscar’s remains were never recovered but his brother said he is memorialized as one of the 36,282 servicemen
whose names are inscribed on the Wall
of the Missing at a 152 acre U.S.-maintained cemetery a few miles from
Manila, The Philippines. Oscar’s death
is remembered often by his brother.
His memory, as in most good lawyers,
won’t let go.
Judge Habhab won’t credit himself
with much when asked to discuss himself, but Chief Justice Louis A. Lavorato
did. The court appointed Habhab the
special hearing master when the high
court was considering a proposal from
the Bar to amend and update Iowa’s
rules for lawyer advertising a couple of
years ago.
“He did a masterful job,” Lavorato
said. “His work was most helpful in
allowing the court to consider the arguments and all the comments that were
received. He did a great job of putting
all of it in an order we could consider.
“I would say he is a most accommodating, cooperative individual. He has
said he is always available to the court
and that is appreciated.
“I relate to him in a special way, too,
because our parents were immigrants,”
plentiful, and wages left a lot
to be desired.
Sadly, a number of our
classmates, friends, and
relatives did not return home.
My brother was one of those.
They gave their lives so that
freedom might live and grow
and increase in its blessings.
For those of us that returned,
the world looked much different. As I recall, we were given
$300 and a discharge paper.
A number of us wanted a
college education. The GI Bill
was the catalyst that permitted
our entry into law school –
and that a number of us did.
The changes in the law
from then to now are legend.
From simple negligence and
ordinary damages to gross
negligence and punitive
damages. From an allegation
of “cruel and inhuman treatment so as to endanger life
and health” in a divorce case,
to no fault. The Workmen’s
Compensation Act was
understandable. It was later
referred to as workers’
compensation and gross
negligence entered into the
picture.
I don’t know what
happened to the “Dead Man
THE
COVER STORY
the chief justice said. “It made our
families very close to us and taught us
a respect for their work ethic.
“As a man, he is affable and kind,”
Lavorato noted. “He’s just a very
likeable person.”
His career bespeaks gentility and
grace, though he was brought up a
poor person in a hard working family.
He credits his parents for influencing
his course and guiding his youth to
attain high ideals and success.
Upon his retirement from the
appeals court, speakers such as
judges, lawyers, clerks, high-ranking
public officials, to the person, lauded
his fortitude, devotion to the law and
fairness, as well as his special talent
for sorting out facts to arrive at conclusions that served the law and the
parties to a case.
50
THE
To his way of thinking it was plain
good fortune to be born to extraordinary parents who came from poverty
to this land for its unequalled opportunities and freedoms under a
unique, inspired constitution he sees
as the glue that holds it together.
He is thankful for his blessings of a
good mind and good health. He does
not take lightly the principles and
standards he was taught by example
at home and in his law career. He revels in the doors that opened to him
upon hard work. He thanks his
maker for a loyal wife and wonderful
children.
He turned 77 in early September
meaning his service to the court has
one year left when by statute he must
step down.
wonderful, awful, amazing years in America
Statute” or the rule in
Shelly’s case, although
I am told the Rule of
Perpetuities is still alive –
and viable. What happened to
“suit in assumpsit” and
“Trespass on the case,”
“caveat emptor,” “trespass
de bonist asportatis,” and
“trover.” For the most part,
those common law actions
are still around but carry a
different and more understandable title.
When we first started
practice and had a case to try,
the Rules of Civil Procedure
were in their infancy and not
easily understood. Discovery
was limited and the taking of
depositions and the listing of
Interrogatories was just getting started. There were no
rules of criminal procedure
except what could be found in
the Code-and prior to Miranda
and Sisco you could plead a
defendant guilty, pronounce
judgment and sentence, and
8
Ask him, he shrugs off compliments and smiles. He is not one to
credit himself.
He has been a lawyer since his
graduation from the University of
Iowa College of Law in 1952, a judge
beginning in 1975 on appointment
by Governor Robert Ray, after 23
years of practice in Fort Dodge, and
was appointed by Governor Terry
Branstad to be an Iowa Court of
Appeals judge, where he served for
10 years beginning in 1987. He also
managed to sandwich in serving his
hometown for 14 years as mayor, the
longest anyone held that post, from
1960 to 1974, before taking the district court bench.
Al Habhab is a philosophical man
who credits all the events of his lifetime with forming him.
the very same day the sheriff
was on his way to take the
defendant to the penitentiary.
Oh, yes – and I was
reminded just a short time
ago that this was all prior to
the entry of court administration. To get a case assigned,
at least in our judicial district,
all of the attorneys would
assemble in the courtroom
the first day of the term.
Judge [Joseph C.] Keefe
would remember this, for, I
believe, he was the first from
our class to go on the bench.
The attorneys would tell the
judge which cases were ready
for trial and the judge would
then make up the trial assignment – giving preference, of
course, to criminal cases.
Our legal system has
been tested at every avenue
and turn of the road, and
expanded into areas that were
nothing more than concepts
50 years ago. But one thing is
certain, at least in my mind,
that the strength of America
rests in our system of law
and the judiciary that is
called upon time after time
to interpret that law. The
fundamental law that keeps
alive the eternal flame of our
liberties is the Constitution of
the United States and that of
several states.
I also was asked to
give my thoughts on the
September 11 attack. What is
it that I can say that has not
already been said? One thing
is for certain: the cowardly
attack that took place on
September 11 has tested the
very moral and legal fiber of
our country. But the world
must know that our
Constitution is as strong and
as viable now as it has ever
been. Individual rights have
been and will continue to be
tested, but when the dust of
time has finally settled, those
rights will be preserved.
And Preserved They Will
Be – no matter how many
cowardly acts take place.
Our system of law may
not be perfect, but, with the
Constitution as our guide, it
is far better than that of any
other country. Now it is for
the next generation of lawyers
and judges to charter the
course that the law will take,
bearing in mind that the
practice of law is a jealous
mistress – it demands
constant attention.
It is said that the law is
not a science – it is an art.
I here hasten to add that at
the turn of the century there
were scholars that took the
position that the law was
indeed a science and the
library was its laboratory.
A number of those here
today have retired from the
practice of law. A number of
us will soon follow. We have
indeed been blessed to be
able to practice law in a
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country that is free. I believe
this generation of lawyers has
made our contribution to
meet that end. As long as
we continue our pursuit of
justice for all, America will
remain free.
Let those who bring terror
to our shores know that their
dastardly acts serve only to
strengthen our resolve.
It is true that I am a
first-generation American.
My parents migrated to this
country in the early 1900s
with little more than the
clothes they wore and a
dream for a better tomorrow
for their children. My father
walked the countryside
peddling his goods.
He was a kindly man and
from letters I received after
opening my law practice, he
was well received into the
farm homes that he visited.
His and my mother’s
American dream came true.
And so it is with us. We
have been here the past
several days to secure the
hours necessary to retain
• Round trip air transportation.
• First-class and/or superior first-class hotels.
• Buffet breakfast daily.
• Luggage handling and related tipping.
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our law licenses. This is as it
should be – but it is for us as
attorneys, here and now and
in the future, to strengthen
our resolve that we can
do better in our pursuit
of justice.
We live in the greatest and
freest country in the world.
Our freedoms have not come
easy and certainly – not
without the personal sacrifice
of many. Our founding fathers
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were determined that we
have a free and independent
judiciary. This is as it should
be. I believe the judiciary is
the least visible of our three
branches of government.
Whether it is or not, I will let
others decide. But without
doubt, it has served our
country with pride and
distinction and must always
remain independent.
I am proud to be an
attorney – and know that you
are, too. Most of all I am
proud to be an American –
and I know you are, too.
I close with these words
from the song we all know
so well: “America, America,
God shed His grace on Thee,
and Crown Thy Good with
Brotherhood from Sea to
Shining Sea.”
THE
From skepticism to acclaim: The story of DNA fingerprinting
By Elizabeth Skilton*
Editor’s Note
This informative, well-written and technically competent work was written by the 16-year-old
daughter of married couple and law partners Christine and David Skilton of Cronin Skilton &
Skilton in Nashua.
There was considerable debate over whether anything written by a non-lawyer, let alone a high
school student, would be valid, or of any value, in the eyes of members of the Iowa Bar. To assess
this work, we enlisted an experienced Iowa prosecutor who has exploited DNA evidence techniques
in many cases to evaluate the article without knowing the author’s identity.
The initial response we received approved of the article – “I read it and I liked it. It is factually
accurate (although as an English major I’d make the author work on the footnotes). It really is a
very easy to understand and informative article. I didn’t see any plagiarism, but I haven’t read
everything. So now, will you tell me the author’s name?”
When learning who the author was, the prosecutor’s response sold us on publishing Elizabeth’s
work -“I like the article even more now! Do you realize what a BIG deal it is for this kid to speak
with some of these experts, even if it is by e-mail? I am very impressed.”
Whether you agree is up to you. But we are delighted to publish this work and think you will
find it both useful and enjoyable, noting it was authored by an outstanding young student whose
career all of us will delight in following.
SM
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515-222-4400
www.cliftoncpa.com
10
THE
Technological advances during the early
1980s ranged from cellular telephones to
space shuttles. Personal computer
technology was starting to take
off. Medical news was at the
forefront with the eradication of smallpox and the
first AIDS diagnosis.
What no one envisioned was the forensic science revolution
DNA fingerprinting
would ignite. While
scientists had spent
more than one hundred years isolating
and identifying DNA2, it
was a 1984 discovery by
British scientist, Dr. Alec
Jeffreys, that sparked the
revolution. Initially viewed
with skepticism, DNA fingerprinting is now a recognized
standard in forensic discipline.
Prior to Dr. Jeffreys’ discovery,
“fingerprinting” by means of dusting,
developed in 1911, and “blood
typing” as A, B, AB, and O, used since
the 1920s, were the accepted standards
for identification in forensics (i.e., the
application of scientific principles to
legal issues3). Accuracy and selectivity
were always in question. Fingerprints
could easily be disturbed and rendered
useless by carelessness of witnesses, onlookers, and investigators. Blood typing
could be used to narrow a field of suspects,
but it could not be used to specifically
pinpoint one out of a field of many with
the same blood type. Additionally, blood
samples had to be protected from heat,
light, and humidity to be useful for testing.
In contrast, DNA samples are unaffected
by environmental factors. A DNA specimen, “can be obtained from virtually anything a person has come in contact with:
clothing, toothbrushes, hairbrushes,
contact lenses, cigarettes, silverware, pens
and pencils, guns, knives, body fluids, and
hair.”4 Whether it comes from blood, skin,
bone, semen, or hair, the DNA from cells
in the human body is the same. Dr. Jeffreys
created a process by which a fingerprint
of a person’s specific DNA could be
charted. He coined the term, “DNA
fingerprinting,” because like an actual
print off a person’s finger, the DNA, or
genetic code, of each person differs
from all others. Dr. Jeffreys
describes the DNA fingerprinting
process as follows:
DNA fingerprinting
starts by chemically
extracting DNA from
SECTION
the specimen (i.e., a blood or
semen sample). Once purified,
the DNA is chopped up with an
enzyme called a restriction
endonuclease that cuts human
DNA into millions of pieces.
Pieces that contain a minisatellite
will vary in length between
“Ninety-nine percent
of people don’t have
an inkling about how
fast this revolution
is coming.” 1
people; the more stutters there
are, the longer the fragment of
DNA. The next stage is to separate all the DNA fragments by size
by using an electric current to
move the pieces of DNA through
a slab of gel, which acts like a
sieve, with the smallest pieces of
DNA moving fastest. This pattern
of DNA is then reacted with a
radioactive probe (a specially
engineered piece of DNA) which
binds specifically to those pieces
of DNA that contain a minisatellite. These minisatellite fragments
thus become radioactive and can
be detected on an X-ray film. The
resulting film pattern showing
scores or hundreds of highly
variable DNA fragments is a DNA
fingerprint.5 (See Appendix, Fig. 1- 4)
Dr. Jeffreys’ process establishes a DNA
bar code that is unique for each individual, except for identical siblings. “The
frequency of a coincidental match of the
DNA pattern [. . .] is approximately one in
33 billion,” according to Orchid CellMark
Diagnostics, one of the first laboratories in
the United States to perform the testing.6
While critics argue that the DNA bar code
resulting from Dr. Jeffreys’ process is not a
fingerprint, he explains that he chose the
term to make it easier for the public to
understand the results of the testing.
Reaction from the scientific community
when DNA fingerprint testing was first
introduced was, “extremely positive. [. . .]
The forensic application was at first viewed
with some skepticism, but all that changed
after we’d successfully tackled our first
case,” says Dr. Jeffreys, referring to a 1985
maternity case. A young boy born in
England had emigrated to Ghana to join
his father. After the father died some
years later, results of another type of
maternity testing were inconclusive. The
boy was denied entrance into England
until DNA testing proved that he was definitely related to the mother in England.7
In 1986, Dr. Jeffreys used DNA fingerprint testing to solve the highly-publicized
Lynda Mann murder case in England.
Lynda Mann, an English schoolgirl found
brutally murdered several days after her
disappearance in November 1983, had
been stripped from the waist down, raped,
battered, and strangled. Authorities tried
using the blood-typing process but were
unable to find the perpetrator. Another
girl in the community, Dawn Ashworth,
disappeared in 1986 and was found days
later with the exact same cause of death.
DNA fingerprint testing was performed
on semen samples found at both crime
scenes and a direct bar code was mapped.
A suspect had been arrested and had
confessed, but when DNA fingerprint
testing was performed, the results did
not match. Authorities asked all men ages
25-30 from the surrounding area to have
blood samples taken for testing to rule
them out as suspects. Nearly 5,000 men
meeting the profile submitted blood
samples for DNA testing. Soon after,
reports came in that a man named Collin
Pitchfork had paid a co-worker to give
blood for him. Pitchfork was arrested and
confessed to committing both crimes after
learning his DNA fingerprint matched
samples found at the crime scenes.8
The Mann case ignited interest in DNA
testing throughout the world. “It was an
extraordinarily auspicious beginning for
[DNA fingerprint testing]. In its first
known application in a murder case, DNA
testing fulfilled both its promises, clearing
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THE
SECTION
an innocent man and helping convict a
guilty one,” states former prosecutor
Harlan Levy in his book, And The Blood
Cried Out: A Prosecutor’s Spellbinding Account
of DNA’s Power to Free Or Convict.9
While Dr. Jeffreys’ discovery was gaining
acclaim, further use of the testing was
limited by the large amount of DNA
required. In most cases the DNA sample
was too small to run the test on, rendering
the new technology useless. Nobel
laureate, Dr. Kary Mullis, of California,
solved the problem with a process called
the “polymerase chain reaction,” (PCR).
Patented in 1987, the PCR technique
allowed extremely small DNA samples
to be split and replicated easily. This
permitted even the most minute sample of
DNA to be used.10
By January 1990, DNA testing evidence
had been used in 185 cases in 38 states and
the United States military courts.11 As Case
Western Reserve University law professor
Paul Gianelli asserts in his review of Harlan
Levy’s book, “No other technique gained
such wide-spread acceptance so quickly. No
other technique is so complex or so subject to rapid change.”12 However, in the
amazing rush to get DNA testing
evidence accepted in the courts, some
laboratory procedures were shortchanged
by technicians. Criticism of the DNA
“The 1994 O. J.
Simpson murder case
is an example of
sloppy evidence
handling that caused
outraged public
reaction.”
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12
THE
fingerprinting process followed. “In the
late 1980s, there were some serious
problems with DNA fingerprinting
evidence. The problems arose not so much
because of problems with [the process]
itself, but rather because some of the labs
[performing] the [testing] used sloppy lab
procedures,” says evolutionary biologist,
Craig Pease.13
The 1994 O. J. Simpson murder case is
an example of sloppy evidence handling
that caused outraged public reaction. In
his autobiography, Dancing Naked In The
Mind Field, Dr. Mullis criticizes the Los
Angeles Police Department for not knowing how to run a laboratory. He also faults
the department for hiring inexperienced
technicians and expecting them to, “follow
the written instructions on the boxes of
DNA investigation kits.”14
In response to criticism, reforms in
laboratory procedures were implemented.
Now, “[Laboratories have] strict protocols
laid down for processing DNA evidence.
[They also] must follow guidelines issued
by the Scientific Working Group on
DNA Evidence,”15 reports John Juhala,
supervisor of the Michigan State forensic
laboratory for the past nine years. The
DNA fingerprinting revolution has caused
significant reforms in the way evidence is
handled, too. Authorities are now
extremely careful about how they collect
and ship evidence. (See Appendix, Fig. 5).
Having overcome the mishandling of
evidence and the faulty laboratory
procedures of the past, DNA fingerprint
testing has had a tremendous impact on
the criminal justice system. “It provides a
means of identification that is unique and
when such evidence is presented in court,
it makes it nearly impossible for the
defense attorney to counteract it. When
identity is an important question, it
provides a measure of certainty to the jury
that other techniques don’t and makes
their jobs easier,” says John Juhala.16
DNA fingerprint evidence can be
important in exonerating suspects, as
well. According to Dr. Al Harper, a forensic
scientist for 33 years, “DNA has as much
power to exclude a suspect as it does to
include.”17 Backing up this theory in
their 2000 book, Actual Innocence, lawyers
Barry Scheck and Peter Neufeld, and journalist, Jim Dwyer, report that, “In what
seems like a flash, DNA tests performed
during the last decade of the century not
only have freed sixty-four individuals but
SECTION
have exposed a system of law that has been
far too complacent about its fairness and
accuracy.”18 In fact, most states now require
felons to submit to DNA testing
for databases, and many others are
considering similar laws.
DNA fingerprint testing is also now
routinely used to establish paternity in civil
cases dealing with custody and child
support obligation issues. DNA evidence
provides nearly indisputable identification
in paternity cases, “given that the Earth’s
population is about 5 billion people, (only
2.5 billion males), it is impossible to be
more sure of a paternity determination
than this with any other available test,”
reports Orchid CellMark Diagnostics.19
Scientists discovered that DNA fingerprint
evidence was also a valuable tool for
personal identification, determining
ancestral lineage, predicting an
individual’s susceptibility to disease,
and developing cures for diseases.20
While DNA fingerprinting is making
history, it is re-writing history, as well. The
soldier buried in the Tomb of the
Unknown Soldier has now been identified
based on DNA taken from the body’s
remains. The bodies of Czar Nicholas
Romanov II, his wife Empress Alexandra,
and three of their five children abducted
in Russia in 1918, were exhumed in 1991.
Despite sulfuric acid having been poured
“...most states now
require felons to
submit to DNA
testing for databases,
and many others
are considering
similar laws.”
onto the bodies before they were buried in
a shallow grave, the bodies were positively
identified in 1994 by comparing DNA from
the bodies with DNA samples from descendants of the royal Romanov family, a feat
that could not have been accomplished
with any other method of identification. In
1994, Anna Anderson, the woman
claiming to be one of the missing children,
Grand Duchess Anastasia Romanov, was
proved an imposter by DNA testing.21
For years, historians argued over
whether or not Louis-Charles de France,
the son of Louis XVI and Marie
Antoinette, perished in a prison during the
1789 to 1790 French revolution. In 2000,
DNA testing using samples of the preserved heart from a body found in the
prison and locks of Marie-Antoinette’s hair
proved that the body was definitely that of
Louis-Charles de France. Secrets, well-kept
for centuries, are now being uncovered
using DNA fingerprinting and similar
testing, such as the fact that President
Abraham Lincoln had Marfan’s Syndrome,
a disease which causes excessive growth
and weakens cartilage, and that President
Thomas Jefferson had an illegitimate
child.22
Variations of DNA testing now allow
premature diagnosis of: Cystic Fibrosis,
Hemophilia, Huntington’s disease,
Alzheimer’s disease, Sickle-Cell Anemia,
and Thalassemia (blood disease that causes
anemia).23 Scientists are also working
to develop cures for diseases by studying
the DNA patterns in those who have the
diseases.
DNA fingerprint testing has caused a
revolution throughout the world, and
because of its invention, forensic science
has been reformed. The reaction was
tremendous when it was first introduced,
and it is still making headlines nearly 20
years afterward. After the World Trade
Center was attacked by terrorists on
September 11, 2001, Rudolph Giuliani,
then mayor of New York City, helped collect evidence to identify bodies recovered
from the debris. He went to a New York
City firehouse to collect the razor of a
missing captain, so that DNA found on the
razor could be tested to help identify a
body as that of the captain.24 Identifying
bodies would have been an onerous task
without the aid of DNA fingerprint testing,
likely resulting in a mass grave with no
identification possible.
In an unusual twist of fate, a February
2002 decision by United States District
Court Judge Louis Pollak barred any
expert from testifying about whether a
“finger” print taken from a crime scene
matched the Defendant’s. This ruling has
caused an uproar from prosecutors who
fear losing a key forensic tool relied on
since 1911. Judge Pollak backs up his
decision by saying, “Unlike DNA evidence,
fingerprint evidence has not been scientifically tested, its error rate has not been
calculated, and there are no standards for
what constitutes a match.”25
DNA fingerprinting evidence is raising
questions about the fairness of death
penalties, in part because of the number
of inmates being exonerated by DNA
evidence. In January 2000, after learning
that 13 death row inmates had been
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THE
exonerated by DNA testing, Illinois
Governor George Ryan declared a moratorium on executions in the state until a
special panel investigated the state’s capital
punishment system. That panel issued a
statement in April 2002, recommending,
“sweeping reform of capital punishment
in Illinois.” The state of Maryland
announced a similar moratorium on all
executions on May 9, 2002. In light of the
moratoriums, DNA evidence expert Dr.
Charlotte Word states, “I wouldn’t be
surprised if, within the next year or so, all
death penalties will be put on hold. . . .”26
From the 1859 publication of Charles
Darwin’s book, The Origin of Species, detailing his theory of evolution by natural selection, to identification of bodies
recovered from the carnage of the World
Trade Center in 2001, the study and use of
genetics for medical, scientific, and legal
purposes has come a long way. For a
revolution that no one envisioned, DNA
fingerprint testing has had an extraordinary impact on forensic science in its
relatively short history. While the reaction
caused by the testing has been mixed at
1
Matt Ridley, Genome: The Autobiography of A
Species In 23 Chapters, (New York: Harper Collins,
1999) 258.
2
DNA, or “Deoxyribonucleic Acid,” was a term
unheard of prior to 1944. In 1859, Charles
Darwin detailed his theory of evolution by natural
selection. Gregor Mendel concluded in the 1860s
that hereditary information is stored in genes.
Shortly afterward, Johann Friedrich Miescher named
the chemical in the nucleus, “nucleic acid.” By
1896, Eduard Zacharias hypothesized that nucleic
acid is responsible for the transfer of hereditary information.
In 1928, Fred Griffith identified an unknown
“principle,” in the genetic transformation process,
labeled “DNA” by Oswald Avery, Colin Macleod,
and Maclyn McCarty in 1944. Francis Crick and
James Watson solved the double helix structure of the
DNA molecule in 1953. Later developments saw
discovery of the chain termination method for
sequencing the DNA molecule, and in 1970, the
ability to split DNA with enzymes. James Watson,
The Double Helix: A Personal Account of the
Discovery of the Structure of DNA (New York: First
Mentor Printing, 1968); History of Genetics
Timeline, ed. Jo Ann Lane, 1994, Woodrow Wilson
Collection
<http://accessexcellence.org/AE/AEPC/WWC/1994
/geneticsln.html>.
3
Webster’s New World College Dictionary, ed. by
Victoria Neufeldt, 1997, 3rd edition.
4
John Juhala, E-mail to the author, 11 Feb. 2002.
5
Alec Jeffreys, E-mail to the author, 11 Feb. 2002.
6
Kelley Gilbert, Letter to author, 18 Mar. 2002.
7
Alec Jeffreys, E-mail to the author, 11 Feb. 2002;
Robert Bowen, DNA to the Rescue for an
Immigrant’s Child, 7 Feb. 2002
<http://wrbl.cumbs.colostate.edu/ hbooks/genetics/
14
THE
times, overall it has caused reform in many
areas of science. With its vast potential for
future applications, DNA fingerprinting
truly is a revolution that will continue to
cause reaction and reform.
*About the author
Elizabeth Skilton has written
award winning History Day
papers on subjects as diverse as
the eradication of smallpox
(timely now in light of concern
Elizabeth
that Saddam Hussein will
Skilton
attempt bio-terrorism), to the
effect of the 1929 stock market crash on Iowa
farmers (inspired by interviews with her greatgrandfather who farms in southern Iowa, and
longtime newspaper and television reporter
George Mills of The Des Moines Register and
WHO-TV), to history of the Women’s Army
Corps. In 2001, she placed ninth in the senior
division paper category at nationals with the
WAC paper and was named outstanding senior
state entry. Elizabeth credits the National
History Day program with sparking her interest
in history and helping develop her research and
writing skills. She has an essay detailing history
medgen/dnatesting/immigrant_dna.html>.
Alec Jeffreys, E-mail to the author, 11 Feb. 2002;
DNA Fingerprinting, PBS, 1998.
9
Harlan Levy, And The Blood Cried Out: A
Prosecutor’s Spellbinding Account of DNA’s Power to
Free Or Convict (New York: Avon Books, 1996) 37.
10
Kary Mullis, Francois Ferre, and Richard Gibbs,
The Polymerase Chain Reaction, (Boston:
Birkhauser, 1994) ix-xiv.
11
The first federal case DNA evidence was accepted in
was U.S. vs. Lake, 1988. According to Captain
David Skilton, a prosecutor for the United States
Army stationed in South Korea, he used this “radical” new technique of DNA fingerprinting to obtain
a conviction in a controversial rape/attempted murder case for the Army. David Skilton, Letter to
Author, 27 Feb. 2002.
12
Paul Gianelli, “The DNA Story: An Alternative
View,” 88th Journal of Criminal Law and
Criminology, 1997.
13
Craig Pease, E-mail to the author, 9 Feb. 2002.
14
Kary Mullis, Dancing Naked in the Mind Field,
(New York: Vintage Books, 1998) 48-49.
15
16
17
Al Harper, E-mail to author, 22 Feb. 2002.
18
Barry Scheck, Peter Neufeld, and Jim Dwyer, Actual
Innocence: Five Days To Execution, And Other
Dispatches From The Wrongly Convicted (New York:
Doubleday, 2000) 35-40.
19
“DNA Fingerprinting: The Ultimate Identification
Test,” CellMark Diagnostics, 1988, pg. 4.
20
Charlotte Word, Telephone Interview, 12 May 2002.
21
DNA Forensics, 27 Sep. 2001, Human Genome
Project, 7 Feb. 2002
<http://www.ornl.gov/hgmis/elsi/forensics.html>;
8
of the disposable diaper on display at the Iowa
State Historical Building, having won the grades
9-12 division of the 2000 competition to name,
“A Few of our Favorite Things: 100 Creations of
the 20th Century.”
Despite coming from a long line of Skilton
lawyers, besides her parents, which includes a
grandfather, two uncles, two cousins and three
spouses of cousins, Elizabeth has her heart set on
a career in medicine, although she says combining degrees in medicine and law for a forensic
science career is a definite possibility.
Her parents are both graduates of Drake
University Law School. During David’s nine
years on active duty with the Army, Christine
practiced law in Kentucky and Virginia. In
1992 they joined John Cronin in Nashua to continue the general practice firm he began more
than 60 years earlier. David continues his Army
service as a lieutenant colonel in the Army
Reserve JAGC. Christine has been the Chickasaw
County magistrate since 1993.
In addition to Elizabeth (who is 17 as of
October 2), there are her sisters Kathryn, 12,
in seventh grade and Madeline, 5, who is a
kindergartner.
Royal Funeral: The Czar’s Russian Rites,” Contex:
News-in-depth, 19 Jul. 1994
<http://radio.cbc.ca/news/czar/>; Harlan Berger,
The Anastasia Story, vol. 16, no. 3 (Research/Penn
State, 1995).
22
Royal Mystery Solved, ABC, 19 Apr. 2000, Reuters,
Apr. 2000
<http://www.abcnews.go.com/sections/world/Daily
News/france_king000419.html>; David F. Betsch,
DNA Fingerprinting in Human Health and Society,
ed. by Glenda D. Webber, Jun. 1994 <http://esgwww.mit.edu:8001/esgbio/rdna/fingerprint.html>;
Barbra Murray, Brian Duffy, Gerald Parshall, and
Lewis Lord, Jefferson’s Secret Life, 9 Nov. 1998,
U.S. News & World Report Archive<wysiwyg://29/http://n19.newsbank.com/nls...e=20&p_sort=YMD_date:
D&:wcal_useweights=no>.
23
Lewis J. Kleinsmith and Valerie M. Kish, Principles
of Cell and Molecular Biology, 2nd ed. (New York:
HarperCollins College Publishere, 1995) 420-469.
24
Jonathan Alter, Lifesaver Hero: Rudolph Giuliani,
24 Sept. 2001, Newsweek Magazine
<http://www.myhero.com/heroasp?hero:r_giuliani>;
Eric Pooley, Mayor of the World, 31 Dec. 2001,
Time
<wysiwyg://203/http://www.time.com/time/poy200
1/poyprofile.html>.
25
JoAnn Loviglio, “Judge doubts validity of fingerprint evidence,” The Des Moines Register, 25 Feb.
2002: 3A.
26
Alan Colmes, E-mail to the Author, 25 Apr. 2002;
Lori Montgomery, “Maryland Suspends
Executions,” Des Moines Register, 10 May 2002;
Charlotte Word, Telephone Interview, 12 May 2002.
SECTION
“America’s great” program by lawyers a smash hit statewide
It started with a serendipitous inspiration from the Indiana Bar where the idea
was born and then a letter from ISBA
President Alan Fredregill to spread the
word to ISBA members.
When “Ask me what’s great about
America” was over September 11th, what it
had become delighted everyone associated
with it.
The willingness of probably over
150 Iowa lawyers across the state who
volunteered to visit local schools to mark
the nation’s tragedies a year ago in
Pennsylvania, Washington, D.C. and New
York City was gratifying. Iowa attorneys
had been asked to tell school kids why they
are free and safe in this country under its
Constitution and Bill of Rights.
“It will ... be a time to renew our
patriotism and take time to remember
what’s great about America,” Alan wrote.
“I can think of no better way to honor our
heroes than to educate young Americans
about the cornerstone of our democracy.”
The effort took off immediately.
Referred to our website, attorneys
signed up and were assigned to schools.
Many visited our Internet site, downloaded
the materials massaged and posted there
by Harry Shipley and John Wheeler, and
made contact on their own with local
schools to volunteer to visit classes and talk
to our state’s kids. Many other bar staffers
pitched in as the project grew.
Because of the spontaneous responses
of so many lawyers who never signed up
officially, we will never know for sure how
many volunteers participated. Based on
what is known, it is estimated as many as
7,500 children heard practitioners of the
law of our land explain why this country
stands tall and strong.
Here’s a sampling of the feedback that
flooded the Bar office:
From St. Ansgar came this e-mail relay –
St. Ansgar email 9/11
Mrs. Fell and AdministrationThank you for the planning for the
special programs today. A terrific tie into
the existing curriculum and expectations
to develop productive citizens.
My hope is that we can somehow follow
up what we have learned and should
never forget.
Dwight Widen
Superintendent of Schools
And from the school’s coordinator for
the Gifted Program, we received –
“...here is an e-mail from our
Superintendent. The presentations by
Judge McKinley and Pat Rourick were
wonderful. (We were really happy to have
presenters from our own home
town...Thanks!) The roll playing of rights
that they had the kids do worked very well
and they did a good job relating it back to
9/11. The response from teachers and
students were positive and we also had
community persons attend. Thanks again
for this opportunity.” Cindy Fell, St. Ansgar
Community School
THE
And Attorney Pat Rourick
told us –
“It’s nice to know that your
efforts are appreciated. I
spoke with Judge McKinley
and
he was also pleased with
Pat Rourick
the positive response. Judge
McKinley did offer comments that this was
an enjoyable experience, and that the Bar
and Bench should do more outreach –
talking with students at schools on a
regular basis.
“I would echo Judge McKinley’s
observation that the experience was
enjoyable. I would add that it was also
challenging. I have a new appreciation for
some of the challenges faced by teachers
and students in our schools today.”
Paige Fiedler sent us feedback on her experience “It was a wonderful idea
for attorneys to share with
students what’s great about
America, especially today. I
Paige
hope
we make it an annual
Fiedler
tradition. The students and I
discussed the heavy responsibility that goes
along with such profound rights. It made
me feel better that we were using this
anniversary to strengthen our democracy –
not just to lament the tragedy.” Paige
Fiedler, Fiedler & Townsend, P.L.C.
([email protected])
There was an e-mail from Dubuque
Wahlert High School, too –
“Thank you for arranging to have
speakers in my classes today.
Everything has and is going great.
Steve Drahozal was well prepared and
Koob, kids enjoyed celebrating this nation
By Roz Koob*
I was one of the fortunate attorneys in Iowa who had the
opportunity to discuss with local youth what is great about America,
and did they have a lot to say about what makes America great! I
And from Johnston Schools –
gave a 45 minute interactive presentation to approximately 105 fourth
“Let me be one of the first to let you
and fifth graders at West Monona Elementary School in Onawa. The
know that the Iowa Bar speakers for 9-11
presentation consisted of implementing the outstanding materials that
was a fabulous idea. It worked out so well.
Roz Koob
were provided via The Iowa State Bar Association website.
Paige Fiedler (who will now be judging
With the fourth graders just beginning to learn about our governmental systems, it
Mock Trial for us also) is a local attorney
was a great opportunity to review and expand on what they had already learned. The
who talked about the Bill of Rights and
focus, our Bill of Rights. Before jumping into what the first 10 amendments to the
our Responsibilities. She had the normally
Constitution were, we explored their history.
wiggling bodies of 7th and 8th graders
The story of Rogertown, a fictional story in The Iowa State Bar Association
spellbound.
materials, generated a strong response from the students. The people of the town
“When one boy of Middle Eastern
were ruled by a king who told them what to do, when and how to do it. The students
descent related that he felt we take all
voted unanimously that they did not want to live in Rogertown because the citizens
of our rights for granted but he never
didn’t have any rights, they wanted to stay in America! They had several concerns for
will because of what happened to his
the people – that they couldn’t say what they wanted, they had to go to one church
grandparents in the Middle East, I was
every Sunday, and they had a king who was telling them what to do all the time. The
nearly moved to tears. This experience
story provided a solid transition into the Bill of Rights.
exceeded my expectations.”
The students at West Monona Elementary were exemplary. By the time the
Thanks. Kathy Paul
presentation ended, I believe at least 100 of the students had an opportunity to
([email protected])
answer a question or to comment. Unfortunately, we were only allotted 45 minutes.
I could have stayed there all day and I believe the students could
have, too. The students did not allow me to leave until many of
them showed their appreciation with hugs and praise.
BUSINESS
For a young attorney who has just completed her first year of
VALUATIONS
practice, the opportunity to discuss the law and America with these
students has rekindled the spirit of being an attorney. It is so easy to
&
get lost in the whirlwind of the legal world and its technicalities and
LITIGATION
to lose focus of whom we serve. Spending 45 minutes talking
SUPPORT
fourth and fifth graders about why America is great and why our
We get results!
laws are so important, and it puts everything back into perspective.
Alan D. Ryerson
Gregory L. Weber
I would like to thank The Iowa State Bar Association for all of
CPA/ABV, ASA
CPA/ABV, ASA
its hard work and dedication in putting this program together. I
Mergers & Acquisitions
learned a lot from these students and I believe they may have
Valuations Corporate Finance
learned a thing or two from me. Most importantly, it was clear to
666 Walnut Street, Suite 1508
everyone why it is great to be an American!
BUSINESS
Capital
CORPORATION
16
THE
Des Moines, Iowa 50309-3914
515-282-8019 ▲ FAX 515-282-0325
www.businesscapitalcorp.com
[email protected]
[email protected]
* Roz practices at Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra
& Prahl, L.L.P. in Sioux City.
his presentation was right on target.
Thanks again.” Bob Sampson, Dubuque
Wahlert High School.
([email protected])
We heard from Cedar Rapids –
“Thank you so much for offering us this
program. Both Renee Sneitzer and Darin
Luneckas from Blackstock Law Office here
in Cedar Rapids were GREAT!!! I really
appreciate all your assistance in putting
together this opportunity for our students.
The materials were wonderful and very
kid friendly. The day was a success!
Thanks so much!!!”
Linda Cameron, 8th Grade, Franklin
Middle School, Cedar Rapids, Iowa
Also from Cedar Rapids –
“Just a quick thank you for setting this
up. It was certainly a positive experience
for our students, and focused their
attention to the keystone of our society.
Thank you for organizing this. Matt Nagle
did a stupendous job. Although all of the
students didn’t understand the concepts
he explained, a great many of them did,
and became quite involved in discussion
of their rights (including petitioning their
teachers over too much homework). He
did a great job and we certainly appreciate
his time and effort on behalf of our
students.”
K.C.Barnes ([email protected])
A Maple Valley teacher said –
“On September 11th, I utilized the
Iowa Bar Association’s invitation to have a
lawyer come to my classroom to talk to my
high school students about the Bill of
Rights. Within 24 hours of signing up
online, a lawyer from Sioux City, Mr. Jim
Daane, had contacted me. He agreed to
come, but not just for one class, but to talk
to all my classes and spend the entire day.
He donated his entire day! Mr. Daane was
wonderful with the students, very forthright and engaging. I know, through my
follow up on the 12th, the students took
much with them as they left the classroom
that day.
Thank you for offering such an opportunity to students across Iowa and thank you
for selecting Mr. Daane to represent your
organization. He serves all of us well.”
Sincerely, Cary K. Conover, Social
Studies teacher, Maple Valley – Anthon
Oto High School” ([email protected])
West Des Moines Crestview
commented –
“My name is Janelle Duncan. I am a
sixth grade teacher at Crestview
Elementary in West Des Moines. Yesterday,
Mike DeWaay, came to Crestview to talk to
the 6th graders (85 total) about the Bill of
Rights. I just wanted to let you know, I was
very impressed with his presentation. He
did a wonderful job and was well prepared. My students now have a better
understanding of the Bill of Rights. I really
liked the lessons the Iowa Bar Association
drafted for a discussion about the Bill of
Rights.
“I was also impressed with the fact that
Mike came to meet with me after school
on the 10th. It is very nice for a teacher to
have a guest speaker meet with them
before their presentation. We were able to
discuss what he was going to present, and
we were able to adapt it to some of the
things we were doing as a building to pay
our respects to the lives that were lost on
the 11th.
“Our school is working on Character
Counts! Mike made reference to the
importance of exhibiting Trustworthiness,
Responsibility, Respectfulness, Fairness,
Caring, and Citizenship.”
Des Moines’ Lincoln High said it short
and sweet and even included photos –
Subject: Thanks for Sending the 911
Speakers Lori Chesser was fabulous. The
students enjoyed learning from an expert.
<MVC-011F.JPG> <MVC-012F.JPG>
From Newton: thanks, photos and a
news story to the local newspaper!
“I just wanted to thank you and the bar
Association for making the “Ask me what’s
great about America” program available to
us at Newton High School.
Mark Otto did a nice job! I sent an
article with a copule of pictures to
the Newton Daily News this A.M. We
appreciate the good information!
Margaret Caldwell, Gifted/Talented
Coordinator, N.H.S.” (caldwell_
[email protected])
NEWTON HIGH SCHOOL students and staff members
remembered the tragedies of September 11th, 2001, with a
refresher course on The Bill of Rights. Newton Attorney
Mark Otto brought theThe Iowa State Bar Association’s
“Ask Me What’s Great About America” program to fascinated
students to help them reflect on the abundant privileges
afforded them by their U.S. citizenship. Mark gave students
cases to argue and to talk about the specific amendments to
the Constitution that protect their rights as individuals.
(Photo by Margaret Caldwell, Newton High School)
John Wheeler received this message
from Judge Annette Scieszinski –
“What a day we’ve had in the Albia
Junior High! Beginning at 9:30 a.m.
I gave four presentations to groups of 50
each – two 7th grade sessions and two 8th
grade – using the “Talking Points,” the
Bill of Rights “Rank Your Rights,” and
Red Skelton’s interpretation of The
Pledge of Allegiance.
Student interest was so high – and the
questions so good – that the teachers
revamped their afternoon to allow the
discussion to continue until 3:15 p.m. My
court reporter joined me for the afternoon, when we talked some about law
careers. Thanks again for putting together
such a good program, so fast.”
THE
Panel considers reducing judicial districts
The Iowa Supreme Court in late August
established an advisory committee to
recommend a plan for reducing the number of judicial districts from eight to six or
fewer, and realigning the judicial election
districts.
The court said that by reducing and
realigning the districts that it hoped
to achieve two goals – downsize the
administrative structure of the trial
courts and equalize judicial workloads.
The 24-member committee is composed
of county officials, lawyers, judges, court
employees, legislators, state agencies, and
others. Committee co-chairs are David
Oman, a Des Moines business executive,
and Judge David Remley of Anamosa,
chief judge of the Sixth Judicial District.
“The creation of this broadly-based study
committee will provide an opportunity for
input from the public and others who have
a stake in the administration of justice in
Iowa,” said Chief Justice Louis A. Lavorato.
Iowa’s 99 counties are organized into
eight judicial districts for administrative
purposes, including the assignment and
scheduling of district judges. The selection
of trial court judges occurs within 14
judicial election districts encompassing all
or part of each judicial district. Judges are
allocated between judicial election districts
on the basis of a statutory formula that
includes population, filings, and other
factors.
The configuration and number of
judicial districts and election districts is set
by the legislature. The legislature has not
reorganized the districts since 1972 when
it reduced the number of districts from
18 to eight.
The committee will submit a report
to the court by December 30 this year, in
order for the court to consider whether
to recommend the plan to the 2003
General Assembly.
The members of the committee are
David Oman, Des Moines, co-chair; Chief
Judge David Remley, Anamosa, co-chair;
District Court Judge Annette Scieszinski,
Albia; District Court Judge J.C. Irvin,
Shenandoah; District Court Judge James
Beeghly, West Union; Associate Juvenile
Judge Brian Michaelson, Sioux City; and
Magistrate Virginia Cobb, Dallas Center.
Also District Court Administrator Tom
Betts, Davenport; Buchanan County Clerk
of District Court Vicki Brasch,
Independence; Carolee Philpott, Judicial
Clerk III, Franklin County; Court Reporter
Tom Kierski, Ft. Dodge; Attorney Dave
Wiggins, West Des Moines; and Attorney
John French, Council Bluffs.
And Attorney Robert V. P. Waterman,
Jr., Davenport; Johnson County Attorney J.
Patrick White, Iowa City; Attorney Susan
Flander, Mason City; Attorney Cynthia
Moser, Sioux City; Curt Campbell,
Community Based Corrections, Fairfield;
and Jim Krogman, Department of Human
Services, Des Moines.
Also Mills County Supervisor Naomi
Christiansen, Glenwood; Plymouth County
Sheriff Mike Van Otterloo, LeMars;
Senator Gene Fraise, Ft. Madison;
Representative Libby Jacobs, West Des
Moines; and Drake University Law School
Dean C. Peter Goplerud of Des Moines.
2002 Justice for All Golf Outing -
Over $5,500 raised for Volunteer Lawyers Project
The 2002 Justice for All Golf Outing
August 15 at the Briarwood Golf Course
in Ankeny saw 100 golfers enjoy perfect
weather.
Jeff Boehlert, Eric Boehlert, Ted
Spellman and Mark Spellman prevailed
to become Tournament Champions with
a best shot score of 59.
First Flight Champions Tom Levy,
James Nervig, Pat McGraw and Steve
Brick carded 65 and Mark Schuling,
James Bowers, Tom Schlapkohl and Matt
Brick claimed the Second Flight with a
shot 69 strokes.
Pin events winners were Danielle Jess –
closest to pin for women, Ted Spellman –
men’s longest drive, Danielle Jess –
longest drive for women, and Joseph
Hoffman – closest to pin for men.
18
THE
Generous prize donations
We express our sincere thanks to these
firms for their donation of prizes –
Chase Suite Hotels, Embassy Suites
Hotels, Hampton Inn of West Des
Moines, Downtown Des Moines Marriott
Hotel, Briarwood Golf Course, Beaver
Creek Golf Course, The Legacy Golf
Club, Golf Galaxy, Golf Pros,
Autographs Bar and Grille, Chip’s
Restaurant, Doc’s Bar and Grille and
The Greenbriar Restaurant and Bar.
These firms donated money to the
event by purchasing sponsorships for
various holes on the courses Ahlers, Cooney, Dorweiler, Haynie,
Smith & Allbee, P.C.; Baudino Law Firm;
Davis, Brown, Koehn, Shors & Roberts,
P.C.; Hopkins & Huebner P.L.C.; McKee,
Voorhees, & Sease, P.L.C.; Nyemaster,
Goode, Voights, West, Hansell, &
O’Brien, P.C.; Sweeney Court Reporting;
Iowa Support Master by Alft & Wilson
Publishing; Minnesota Lawyers Mutual
Insurance; Huney Vaughn Court
Reporters Ltd.
The primary goal of this annual Young
Lawyers Division event is to raise funds
for the The Iowa State Bar Association’s
Volunteer Lawyers Project. It took a great
group of sponsors and players to make it
again a huge success. Our thanks to all
who participated – by playing, donating
and sponsoring the tournament. We
count on seeing you again next year
to continue to help make possible the
delivery of legal services to the poor.
IN MEMORIAM
Recording the deaths of members of The Iowa State Bar Association
SWANSON, A. Dale, of Newton, a former
magistrate judge in Newton for 13 years, died
September 6 in Newton following surgery.
He was 82.
Dale had been elected Jasper County
attorney twice. He had been in private
practice in Newton for many years.
He had served in the Navy in World
War II.
MANDERS, John, of Des Moines, a retired
Drake University professor in its business
school. A Des Moines resident for 41 years,
he was known for being “tough but fair” by
his students.
He was a former member of The Iowa State
Bar Association.
We attempt here to satisfy a need expressed
by members to be informed of the passing of
friends and associates. Although space
limitations generally do not permit lengthy
death notices, we record here the deaths of
those ISBA members brought to our attention.
Please submit name, age, date of death, city
of residence/practice and a few descriptive
sentences. Please include your name and
address for verification.
Chair wants your ideas to promote professionalism
By Edward W. Remsburg, * Chair – ISBA Professionalism Committee
In a recent opinion, Chief Judge Mark
Bennett of the U.S. District Court for the
Northern District of Iowa, complimented
trial counsel for demonstrating “the
highest level of professionalism and civility
to each other, the parties, the witnesses,
and the Court.”
As noted by Judge Bennett, “the highest
standards of professionalism and civility
are not inconsistent with zealous and
skilled advocacy – in fact, they enhance it.”
Mercer v. City of Cedar Rapids, 129 F. Supp.
2d 1226, 1242 (N.D. Iowa 2001). We all
from time to time need to be reminded
of this fact.
Professionalism can be defined in many
different ways. Several years ago the
President of the American Bar Association,
Jerome J. Shestack, identified six components of professionalism:
■
■
■
■
ethics and integrity and professional
standards
competent service to clients while
maintaining independent judgment
continuing education
civility
■
■
obligations to the rule of law and the
justice system, and
pro bono service
Many years ago when I decided to go to
law school, I did so in part because the law
was a profession – not just a job. After 29
years in this profession, I am convinced
more than ever that we as practicing
lawyers need to recommit to being
professionals. Our ethics, our integrity, our
competence, our civility – yes, our professionalism – should be held up to the rest
of society as traits which set us apart.
As chair of our state bar’s professionalism committee, I invite you to give our
committee ideas for improving our professionalism. Our mentoring program with
the University of Iowa College of Law seeks
to do just that with future young lawyers.
But all of us need to seek ways to improve
our professionalism. How can we, as your
committee, help? If you have some ideas,
drop me a note, give me a call, or send me
an e-mail. I will share those ideas with the
rest of the professionalism committee.
*Ahlers, Cooney, Dorweiler,
Haynie, Smith & Allbee,
P. C., 100 Court Avenue, Suite
600, Des Moines, Iowa 50309
515-243-7611 e-mail:
[email protected]
Edward Remsburg
SULLIVAN & WARD, PC
MEDIATION GROUP &
ARBITRATION
Larry McLellan
Board Certified Mediator by
the American Academy of ADR Attorneys
Robert M. Holliday
Member of the American Academy of ADR Attorneys
Harlan (Bud) Hockenberg
Lawrence F. Scalise
J. D. Hartung
Conducting Mediations
& Arbitration in the
following areas:
• Attorney Fee Disputes
• Business and Corporate
• Construction
• Employment
• Environmental
• Family Law
• Government Contracts
• Insurance Coverage Claims
• Personal Injury
• Probate
• Toxic Torts (Asbestos)
• Wrongful Death
ADMISSION ON MOTION
Catherine Reiss Caitlin, who practices in
Minneapolis, Minnesota; Jennifer Suzanne Moore, who is employed by Alliant Energy
Corporate Services in Cedar Rapids; Kathryn Allene Klein, who works for Riezman
Berger, P.C., in St. Louis, Missouri; Karen Severn Jackson, who is employed by Wells
Fargo Home Mortgage in West Des Moines; Shelly Jo (Hein) Mott, who practices in
Kalispell, Montana; Steven Philip Traynor, who works for the Principal Financial
Group in Des Moines and Jeffrey Harold Bush, who practices in Oakland, Nebraska,
have applied for admission on motion to the Iowa Bar.
Persons with questions or comments should contact Keith Richardson, clerk of the
Iowa Supreme Court, at 515-281-5911, or write to the Office of the Iowa Supreme
Court Clerk, The Statehouse, Room G-03, Des Moines, Iowa 50319.
(515) 244-3500
801 Grand Avenue, Suite 3500
www.sullivan-ward.com
THE
Drake searching for successor to Goplerud
Drake
University has
begun actively
searching for a
new dean of its
law school in the
wake of five-year
Dean C. Peter
Goplerud III ‘s
announcement
Dean C. Peter
that he will step
Goplerud III
down July 1,
2003.
Professor Laurie Doré, chair of the
school’s search committee said, “The
school is seeking candidates who possess
demonstrated accomplishments in legal
education and scholarship; administrative
and leadership abilities; and law practice
experience.”
The successful candidate must have a
demonstrated interest and ability in fundraising and development; a commitment
to diversity; and a vision of legal education
and the Law School in the 21st Century,
Doré said. Credentials appropriate for a
tenured appointment to the faculty of law
are also requisite.
Goplerud will be on professional leave
for one year after stepping down and
intends to assume a full-time faculty role
starting in fall 2004. He has been dean
since June 1997.
“Peter Goplerud has been a dedicated
and hard-working dean,” said Drake
Provost Ronald Troyer. “He has been a
persistent advocate for Drake Law School.
He strove to raise awareness of the
incredible opportunities for students at
the law school and to foster relationships
with alumni. We greatly appreciate his
contributions and welcome him as a fulltime faculty member.”
In recent years, the law school has
moved from being a technologically challenged facility to a wireless, technologyfilled environment. Three “smart” classrooms, a soon-to-be-completed high tech
courtroom, and an active, ever-changing
web presence are part of the school’s
transformation.
The Dwight D. Opperman Hall and Law
Library building has been cited nationally
with numerous architectural and design
awards. The Neal and Bea Smith Law
Center houses several clinical teaching
programs as well as the Joan and Lyle
Middleton Center for Children’s Rights
and is a national training center for public
service attorneys.
Drake Law School Centers of Excellence
include the Constitutional Law Resource
Center, one of only four such centers
created by Congress; the Agricultural Law
Center, one of a few such programs in the
country which offers a degree certificate in
Food and Agricultural Law; the Center for
Legislative Practice, offering a legislative
law certificate; and the nationally recognized Drake University Legal Clinic.
An American Bar Association accredited
study abroad program in France, faculty
and student exchanges with law schools
abroad, and an enrollment that includes
numerous and diverse international
students evidence the school’s concentration on global legal education and
international legal studies.
Drake Law School was founded in 1865
and is one of the country’s 25 oldest law
schools. It has 410 students from 35 states
and six other countries.
Ethics seminar in
Okoboji December 13
The Northwest Iowa Women’s Bar
Association (The Fighting Hens) is
sponsoring a two hour ethics seminar on December 13 at the Village
East Resort in Okoboji.
Breakfast begins at 8:30 a.m. and
the two-hour program starts 9 a.m.
Registration prior to December 1
is $25; after that, it is $35. Payments
should be sent to Pamela Wingert,
P.O. Box 353, Spirit Lake, Iowa
51360.
Additional information is available
from Rosalise Olson at 712-853-6486
or, by e-mail, at [email protected]
20
THE
Law students who passed July exam near 84 percent
Almost 84 percent, 149 persons, of the 178 persons who took the Iowa bar exam in July passed,
the Iowa Supreme Court said in mid-September.
The code numbers assigned to each examinee of the 29 persons who failed the test
were posted on the high court’s website, http://www.judicial.state.ia.us
Those who passed the exam and whose papers are in order with the court were eligible to be
sworn-in September 23 in ceremonies at Hoyt Sherman Place in Des Moines.
Those who passed the exam, by law school, are –
Baylor University
Wilson, Anne Katherine
Case Western Reserve University
Rajki, Sonja Claire
Catholic University of America
Bolinger, Erin Solveig
University of California-Berkley
Hamady, Laura Evans
Creighton University
Adams, Aaron David
Arnold, Richard Dean
Bauermeister, Don
Richard John
Eimers, Dawn Marie
Ellis, Amy Lynne
Goosmann, Jeana Louise
Harvey, Loretta Leigh
Jones, Kyle E
Kelderman, Renae Susan
Light, Richard Alan
Morris, Rodney Allen
Nelson, Janette Kay
Parks, Nicole Amber
Primmer, Chad Douglas
Schwering, Amy Marie
Vroman, Richard Dean
Drake University
Backstrom II, Madonna
Julia
Casazza, Perry Edward
Clark, Melinda Kay
Cope, Thomas Wood
Danos, John Paul
Dickey Jr., Gary Dean
Fisher, Niki Adalene
Flynn, Mackenzie Ann
Gourley, Cory Frederick
Hall, Jr., James Franklin
Hanes, Margery Laura
Helwig, Kelly Kay
Henke, Kami Marie
Jaques, Daren Michael
Katz, Elizabeth Anne
Kramer, Jonathan Edward
Lavallee, Jeffrey Shane
Leahy, Thomas David
Lindholm, Matthew
Thomas
Mensen, Brian Steven
Miller, Byron James
Miller, William John
Moffit, Tara Ann
Mowery, Heather Lynn
Nelson, Amelia Pape
Norris, Michael Timothy
Owen, Leslie Ann
Peterson, Megan
Elizabeth
Rehkemper III, Robert G.
Richardson, Kathleen Ann
Roth, Mark Edward
Schaffter, Holly Christine
Sinnard, Kara Marie
Sisson, Karen Anne
Smith, William Potter
Steffens, Jennifer Lynn
Steinberg, James William
Strickler, Shannon
Suzanne
Tharp, William Benjamin
Tipton, Andrew Leonard
Tucker, Nekeidra Renee
Vande Krol, K. Dwayne
Vitzthum, Andrea Sue
White, Patrick B.
Wilson, Jennie Lynn
John Marshall Law School
Kieffer, Lori Jo
University of Iowa
Abbott, Andrew Carl
Adam, Matthew
James
Baccam,
Vongchouane Mary
Baczynski, Kristin
Bainbridge, Kirk
Wayne
Bisgard, Jace Tyrone
Brown, Brandon
John
Bubke, Neil Dennis
Burns, Jason Alan
Clayton, Jeffry Kyle
Clifton, Michael
Thomas
Clinton, Jennifer
Pavelich
Clupper III, Darwin
Diehl
Cmelik, David A.
Codr, Stacie Marie
Cosby, James Joseph
Cutler, Lawrence
Benjamin
Daniels, Ellen Elizabeth
Deutmeyer, Tracy Lynn
Dhar, Anita Lena
Dunham, Heidi Ann
Eichelberger, Rosalinda
Avalos
Finlayson, Robert Scott
Flory, Denise Marie
Galligan, Mary M.
Goldensoph, Cory Jon
Hancock, Melissa A.
Heller, Michelle L.
Henkenius, Stephanie Sue
Hodge, Jennifer Lynn
Holt, Gretchen Brown
Hughes, John Edward
Jones, Carrie Sue
Kolln II, Lony Lee
Kuethe, Brian Michael
Levin, Nathan Edward
Liechty, Timothy Beryl
Lorenzen, Corey Richard
Mauro, Nicholas James
McGargill, Philip John
Milder, Mark Alan
Miller, Jason Wallace
Miller, Michael J.
Murphy, Linda Channon
Myers, Melinda Jean
Parks, Kristin Luella
Perry, Jason Robert
Pettinger, Sarah Catherine
Pierce, Charles Lee
Pietila, John Christopher
Schneider, Charles
Michael
Shileny, Lisa Ann
Swaim, Justin Kurt
Thomas, Amy Lynn
Thornton-Millard, Angela
Gail
Vos, Joel Darren
WendtGeisler, Jennifer
Kay
Wiley, Shane Michael
University of Miami
Abebe, Yeshimebet Marie
Assefa
Duer, Kristopher Carl
Walker, Justin David
Ohio Northern University
Alexander, Colleen
Florence
Oklahoma City University
Coco, David M.
Meyer, Robert John
Pepperdine University
Hoel, Amy Danielle
Roger Williams University
Deppe, Justin Theodore
University of San Diego
Perry, Sarah Amber
University of South Dakota
Scott, Michelle Renee
Seurer, Justin Lee
Southern Illinois University
Best, Lisa Kesting
Carter, Ryan Neal
University of Michigan
Moreland, Michael Patrick
St. Louis University
Rideout, Pamela Carlette
University of Minnesota
Jacobsen, Brook Kaj
University of Wyoming
Rose, Edward John
University of Nebraska
Lamson III, William
Maxwell
Lewon, Michele Marie
Loos, Jr., John Francis
Schneiderman, Angie Jo
THE
Washburn University
Trueblood, Jamie
Suzanne
Washington University
Blythe, Michele Rae
TRANSITIONS
M. Kathryn Miller has been appointed
chief attorney for the Des Moines Juvenile
Public Defender Office. She succeeds
George Arvidson, who retired after more
than 30 years as a public defender.
Kathryn, who had been director of Des
Moines’ Youth Law Center since 1991,
was to assume her new job October 11.
She is a 1980 graduate of the University of
Iowa School of Law. She graduated from
Goshen College in 1974 with a B.A. in social
services and after obtaining her undergraduate degree, had been a social worker for
child welfare cases in Indiana.
The Des Moines Juvenile Public Defender
Office has a staff of 12 attorneys, investigators, and administrators. It serves Polk,
Dallas, and Warren Counties. In addition
to representing children in juvenile court,
the office represents adult defendants in
criminal court.
Ralph Eucher has been
named a senior vice
president at The Principal
Financial Group.
He will have continued
Ralph Eucher responsibility for Principal
Mutual Funds, Princor
Financial Services
Corporation, and the Retirement &
Investor Services investment platform,
and will add responsibility for the RIS
client contact center, human resources
and compliance areas.
Ralph joined the company in 1994 and
was named a vice-president of Principal
Financial Group and president and director
of Principal Mutual Funds in 1999. Prior
to his association with the company, he
served as president for General Growth
Management.
He holds bachelor’s and master’s degrees
from Iowa State University and received his
J.D. degree from the University of Iowa
College of Law.
Thomas Zurek
Thomas Zurek has joined
American United Life
Insurance Company at its
Indianapolis, Indiana, home
office as general counsel
and secretary.
He was a member of
The Iowa State Bar Association Board of
Governors in 1997-1998 and president
of the Polk County Bar Association in
1996-1997, serving on its board from
1990 to 1996. He was employed as general
counsel to the Equitable of Iowa Companies
for 21 years.
He was a member of the Board of
Education of the Catholic Diocese of
Des Moines from 1989 to 1993 and served
as its president from 1993 to 1996.
He is a 1973 graduate of the Drake
University Law School and has a
Bachelor of Science degree in business
administration from Drake awarded in 1970.
Johni R. Hays has been
named executive director of
the Greater Des Moines
Community Foundation’s
Planned Giving Institute.
Johni received a Bachelor
of Science in business
administration magna cum laude in 1988
from Drake University. She was awarded
the juris doctor with honors in 1993 from
Drake University Law School
Elaine Fehseke of Fort Madison has
changed her name to Elaine Eschman.
Fehseke Law Offices has changed its name
to Fehseke & Eschman Law Offices.
The firm was established in 1958 by the
late R. L. Fehseke, Sr. Elaine joined the
firm in 1999.
Fehseke & Eschman Law Offices now
includes Dick Sr.’s son, R. L. Fehseke, Jr.,
and two grandchildren, R. L. Fehseke III,
and Elaine Eschman.
Brian J.
Nelson
Brian J. Nelson, formerly of the
Nelson Law Firm and Harley C. Erbe,
formerly of the Walker Law Firm, have
recently formed a partnership, Nelson
& Erbe, P.L.C.
Both are graduates of Drake University Law
School and will practice primarily plaintiffs’
civil litigation and criminal law.
Susan J. Frye has joined
Phelan, Tucker, Mullen,
Walker, Tucker and
Gelman, LLP of Iowa City
as a partner.
Johni R. Hays
She has been a member of the Iowa Bar
and the Florida Bar since 1993.
Robert W. Hoke has
joined Shuttleworth &
Ingersoll, P.L.C.of Cedar
Rapids as a partner.
Robert W.
Hoke
Robert is licensed to
practice in Iowa and
Minnesota and is a
licensed patent attorney.
He formerly was senior intellectual property
counsel for 3M Company of St. Paul,
Minnesota.
Harley C.
Erbe,
Susan received her B.S.N.
from the University of Iowa
in 1973, her M.S.N. from the University of
Pennsylvania in 1979, and her J.D. from the
University of Iowa in 1989.
Susan J. Frye
Susan was in private legal practice
from 1989 – 1999. She was then appointed
by to the Iowa Utilities Board and served
until 2001.
Richard B. Lynch and David C. Shinkle
have relocated their law practice to 5835
Grand Avenue, Suite 105, in Des Moines.
Their telephone numbers remain the same.
Persons wishing to submit material for this column are asked to follow the style here, including as much of the same kind of information
as possible and a photo of persons mentioned. Please submit all copy via e-mail to [email protected] Photos may be sent as
“JPEG’s” (.jpg). Please be sure to include your office phone number and the name of the person who submitted the material. If you have
questions, send them to the same address or call Chuck Corcoran at the bar office, 515-243-3179. Thanks for your help.
22
THE
ATTORNEY DISCIPLINARY DECISIONS
Curtis A. Bell, Des Moines
Revocation
Supreme Court Decision
September 5, 2002
Bell served as treasurer of the Iowa
Intellectual Property Law Association. In 1998,
he wrote himself a $2,000 check on the
Association’s account without the knowledge
or consent of the Association’s officers or
members. In April 1999 he wrote a second
check to himself on the Association’s account
in the amount of $9,000, again without the
Association’s knowledge or consent. The
proceeds of the second check were used to
pay Bell’s 1998 income taxes.
In the fall of 2000 Bell’s secretary informed
the Association of the April, 1999, withdrawal.
The Association’s president and a board member confronted Bell with a copy of the $9,000
check. Bell then admitted that the $9,000 was
not in an Association account, but did not at
that time reveal the earlier $2,000 withdrawal.
Shortly thereafter, Bell opened a savings
account in the name of the Association, to
which he deposited $11,310.69. The $310.69
represented interest. Soon after this he met
with the Association’s new president, and
candidly acknowledged what he had done.
Bell, however, did not self-report his conduct
to the Ethics Board. He told the Association’s
new president that there was no need to report
the matter because he had not intended to
deprive the Association of its funds. The new
president then contacted the Board.
In subsequent disciplinary proceedings
before the Grievance Commission, Bell denied
any intent to deprive the Association of its
funds and asserted he had always intended to
restore the money by placing it in an interestbearing account in the name of the
Association. The Commission concluded that
Bell had committed theft by misappropriation
in violation of Iowa Code section 714.2 (2001)
and that he had violated Iowa Code of
Professional Responsibility for Lawyers
DR 1-102(A)(3), (4), and (6) (lawyer shall
not engage in illegal conduct involving moral
turpitude, conduct involving dishonesty, and
conduct reflecting adversely on fitness to practice law). The Commission recommended that
Bell’s license by suspended for five years.
On review, the Iowa Supreme Court agreed
with the Commission’s findings. The Court
ordered, however, that Bell’s license be
revoked. In so doing, the Court noted that any
misappropriation of entrusted funds warrants
revocation in the absence of mitigating circumstances and that no such circumstances were
present. Bell’s asserted intent to restore the
funds was at most a vague thought that he
would replace the funds sometime in the
future. He had more than a year to do so
but repaid nothing until he was confronted by
officers of the Association. Bell also relied on
his cooperation with the Ethics Board’s investigation as mitigating. The Court, however,
noted that such cooperation is expected and
required. In aggravation, the Court found that
Bell had felt no urgency to rectify his mistake.
Furthermore, he had minimized the wrongfulness of his conduct by denying it violated DR
1-102(A)(3) and (4) and by asserting that he
had not initially perceived that what he had
done was a reportable ethical infraction.
Allan H. Rauch, Des Moines
One-Year Suspension
Supreme Court Decision
September 5, 2002
Rauch represented Robin Copic in a
dissolution modification action. He neglected
the matter by failing to arrange for mandatory
mediation and by failing to file and exchange
required witness and exhibit lists within ten
days before trial. These lapses resulted in a
monetary sanction and dismissal of his client’s
petition for modification. Rauch filed an
appeal on behalf of Copic, but failed to
prosecute it.
A second category of misconduct in Copic’s
case involved ex parte communications with
the district court. In December 1999, without
notifying opposing counsel, Rauch presented
an order to a judge to terminate an income
withholding order of child support from
Copic’s paycheck. That same month, again
without notice to opposing counsel, he
presented an order nunc pro tunc to a second
judge to make the first order retroactive.
Then in April 2000, shortly before the
scheduled trial of Copic’s modification action,
Rauch had an ex parte communication with
a third judge in an attempt to obtain a
continuance. To make matters worse,
Rauch misrepresented to the third judge that
opposing counsel was aware of and supported
the request for a continuance.
In subsequent disciplinary proceedings, the
Grievance Commission and the Iowa Supreme
Court found that Rauch’s conduct violated
Iowa Code of Professional Responsibility for
Lawyers DR 1-102(A)(4), (5), and (6)
(conduct involving misrepresentation, conduct
prejudicial to the administration of justice,
and conduct reflecting adversely on fitness to
practice), DR 6-101(A)(3) (neglect of client’s
legal matter), and DR 7-110(B) (improper ex
parte communication with court as to the
merits of a case). As to the last violation, the
Court held that a communication with a trial
judge to request an eleventh-hour continuance
is a communication concerning the merits of
the case.
The Court concluded that a one-year
suspension was necessary to protect the
integrity of the legal system, specifically a
party’s right to a fair hearing.
THE
Jeffrey P. Taylor
Cedar Rapids
Public Reprimand
Supreme Court Order
August 29, 2002
daughter and her husband also were serving
as guardians and conservators for her father
pursuant to a voluntary petition that had been
filed several years previously. However, the
parents and other family members began to
question the propriety of actions taken by the
daughter and her husband.
When the parents, along with their two
other daughters, undertook steps to remove
the daughter and her husband, who had
become the corporation’s chief financial
officer, from all positions and to terminate
their employment from the corporation, they
Taylor represented a closely held family corporation operating a nursing home. Although
the parents had built and operated the nursing
home, as they grew older they turned over the
day to day operations to a daughter and her
husband who was then appointed chief
financial officer for the family corporation. The
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24
THE
also petitioned the District Court for their
removal as guardians and conservators and
sought to substitute another daughter. In
apparent retaliation, the chief financial officer
filed a claim for unemployment, directed his
wife to file a civil rights action against the
corporation and the individuals and commenced a civil action against the corporation
and its other shareholders. They also sought
payment of fees in the guardianship and
conservatorship for the first time, seeking
payment in excess of $40,000.
On behalf of his clients, Taylor filed counterclaims in the civil action and also opposed the
request for fees and expenses in the guardianship and conservatorship. Respondent also
initiated his clients’ independent action in
the guardianship and conservatorship for
malfeasance, seeking to recover sums believed
to have been wrongfully diverted.
Taylor wrote counsel for the chief financial
officer entitling his letter “Settlement Proposal
– For Discussion Purposes Only.” In that letter
Taylor advised the chief financial officer’s
counsel he had reviewed the terms of his
settlement proposal with his clients and
advised his offer was rejected, but made a
counter proposal. Taylor wrote: “If your
clients agree to the foregoing, then my clients
will not contact any federal or state authorities
to prosecute and investigate any claims
against ___________for embezzlement,
misappropriation of funds, theft and fraud.”
Taylor was publicly reprimanded that his
implied threat of criminal prosecution unless
there was agreement with his settlement proposal was in violation of DR 7-105(A) of the
Iowa Code of Professional Ethics and Conduct
since his implied threat of criminal charges
was to obtain an advantage in a civil matter.
Mayer Kanter
Sioux City
Public Reprimand
Supreme Court Order
August 29, 2002
On February 16, 2001, Kanter accepted a
check made payable to him personally in the
amount of $1,330 in exchange for season
tickets to Minnesota Vikings home football
games. Kanter cashed the check but did not
deliver the promised tickets. Kanter did not
respond to the purchaser’s October 3, 2001,
request for a refund of his money since Kanter
had failed to deliver the tickets. Kanter did not
refund the money until February 27, 2002,
after his receipt of two notices of complaint of
alleged ethical violation from the Board of
Professional Ethics and Conduct.
In his belated response to the Board, Kanter
urged that the issue between himself and his
purchaser was a personal matter and had
nothing to do with his duties as a lawyer or
the practice of law.
The Board, however, determined that it is
well established that misappropriation of funds
by an attorney, whether in the practice of law
or another business activity was an ethical
violation. Committee v. Connolly, 476 NW2d
41 (Iowa 1991).
Kanter was publicly reprimanded that his
acceptance of $1330 for Minnesota Vikings
tickets and his subsequent failure to provide
those tickets or refund the money was conduct
involving dishonesty, fraud, deceit, or misrepresentation, contrary to DR 1-102(A)(4) of the
Iowa Code of Professional Ethics and Conduct.
Larry Anfinson
Waterloo
Public Reprimand
Supreme Court Order
August 29, 2002
Anfinson represented a party who though an
unmarried male had nevertheless cohabited
with a female for several years. The termination of their relationship gave rise to a dispute
as to their respective interests in the residence
they had occupied. The female, represented by
counsel, filed a lawsuit to determine their
respective interests. Anfinson appeared on
behalf of the male at subsequent hearings.
While the dispute was pending the female gave
birth to a child and Anfinson was then advised
by his client that he and his former domestic
partner had reached a settlement and wished
to conclude that settlement. Anfinson’s client
further informed him that his former domestic
partner had stated she was in the process of
firing her attorney because she did not want to
incur any additional legal costs. Their settlement involved securing a bank loan and
Anfinson had further conversation with a bank
loan officer who advised that a closing was
scheduled for the next day.
The parties scheduled a closing in
Anfinson’s office at which time his client, the
client’s former domestic partner and her father
arrived. Anfinson’s client’s former domestic
partner advised Anfinson that she had not yet
officially fired her attorney but nevertheless
wished to complete the settlement and receive
the money that had been promised her.
Although Anfinson advised her he should not
be talking to her as she had told him she was
still represented by counsel and had not yet
terminated him because of her fear he would
not agree to the settlement and would try to
talk her out of it, Anfinson nevertheless proceeded with the settlement, securing her signature on the settlement document. Anfinson
also secured her signature on a warranty deed
conveying the parties’ residence to his client
as well as on a quit claim deed conveying her
interest in a business property to his client.
Anfinson was publicly reprimanded for communicating on the subject of the representation with a party known to be represented by a
lawyer in that matter without the prior consent
of the lawyer representing such other party,
contrary to DR 7-104(A)(1) of the Iowa Code
of Professional Responsibility for Lawyers.
James L. Neppl
Rock Island, Ilinois
Public Reprimand
August 29, 2002
Although Neppl represented the wife in a
marriage dissolution where physical custody
of minor children was at issue, he neglected to
prepare her for her testimony. Neppl’s client
had advised Neppl’s associate, to whom
opposing counsel made a settlement proposal
the morning of the hearing, that she would
accept that offer, which settlement would have
provided for shared custody and a cash
payment to her. Neppl refused to permit her
to accept that settlement offer. Neppl also
addressed his dissolution client in an
especially profane and offensive manner, both
when she indicated her willingness to accept
the settlement offer and subsequently when
she came to his office after learning from her
husband of the court’s decision awarding him
primary care of their children.
Neppl was publicly reprimanded that his
failure to adequately prepare his client for her
trial testimony was the neglect of a client’s
legal matter, contrary to DR 6-101(A)(3); his
profane and offensive remarks to his client
reflected adversely on his fitness to practice
law, contrary to DR 1-102(A)(5); and his
refusal to permit his client to accept a settlement offer that was agreeable to her was
conduct that prejudiced or damaged his client
during the course of the professional relationship, contrary to DR 7-101(A)(3) of the Iowa
Code of Professional Responsibility for
Lawyers.
Michael R. Stowers
West Des Moines
Public Reprimand
Supreme Court Order
August 29, 2002
Stowers failed to respond to notices from
the Board of Professional Ethics and Conduct
alleging that although employed for an
immigration matter he neglected to pursue
that matter nor did he respond to his client’s
repeated telephone messages and emails.
Stowers was publicly reprimanded that his
neglect to pursue his client’s immigration
matter and his failure to respond to his client’s
reasonable inquiries was the neglect of a
client’s legal matter, contrary to DR 6i101(A)(3) and his failure to respond to the
Board’s notices was conduct prejudicial to the
administration of justice, contrary to DR 1102(A)(5) of the Iowa Code of Professional
Responsibility for Lawyers.
James J. DeTaeye
Marshalltown
Public Reprimand
Supreme Court Order
August 29, 2002
DeTaeye was serving as Marshall County
attorney when on October 11, 2000, a
defendant was charged with possession of
precursor substances and was represented by
counsel from the public defender’s office. On
November 3, 2000, that same defendant was
charged with driving while barred, driving
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while revoked, and eluding at which time other
counsel was appointed to represent him on
those charges.
On November 8, 2000, while the defendant
was being transported to jail after a court
appearance, he was taken by a Marshall
County deputy to DeTaeye’s office where he
met with DeTaeye and two Marshalltown
detectives. DeTaeye acknowledged he met with
the defendant on November 8, 2000, without
the prior knowledge or consent of defendant’s
counsel and during that meeting a videotape of
the traffic incident resulting in the eluding
charge was viewed and discussed with the
defendant. After the defendant’s counsel
expressed her objection to that meeting,
DeTaeye arranged to withdraw from the
prosecution of the case to be replaced by
the attorney general.
DeTaeye was publicly reprimanded for his
communication with a criminal defendant
during the course of his criminal case with
respect to the substance of the case without
the prior knowledge or consent of the
defendant’s counsel, contrary to DR
7-104(A)(1) of the Iowa Code of Professional
Responsibility for Lawyers.
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26
THE
Fee-based, expanded court
services debut online
The Iowa Judicial Branch has expanded its popular online records
program launched earlier this year.
Since February, users have been going to www.iowacourtsonline.org
for free access to basic case information. Now, for $25 a month, in
addition to the free information, new services offer access to more
detailed case information. Included are exhibit lists, bonds, judgments
and liens, and hearing and trial schedules. Users may sign up online
using a major credit card.
Court officials said they expect that insurance companies, attorneys,
investigators, abstractors, the news media, and others who rely on court
information for business purposes will use the court’s expanded offerings.
The public’s response to the free online program has been gratifying,
the court said. Approximately 75,000 “hits” on the website are recorded
every day from 15,000 users. Officials predict that the added fee services
will add 1,000 to 3,000 users daily.
Later this year, the Judicial Branch will add “e-pay” to allow people to
pay fines and court fees online.
The site is located at www.iowacourtsonline.org, or it can be reached
through the Iowa Judicial Branch website at www.judicial.state.ia.us
Certificate of Good
Standing available online
The clerk of the Iowa Supreme Court now provides Certificates of Good Standing requested by
attorneys on the Internet from the Judicial Branch’s
website - www.judicial.state.ia.us
Fill in the form provided – including your Social
Security number if you wish to expedite service. The
SSN is not required but facilitates processing
requests.
After verification of status, the certificate is mailed
to the applicant with an invoice for a $5 processing
fee. It takes about a week from the time of application to receive the document.
Call the Clerk’s office at 515-281-5911, extension 3,
with any questions.
CLASSIFIED ADS
PUBLISHER’S NOTE
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Please follow the style of the ads appearing here, indicate the classification where you want your
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receives two free insertions annually. Corporate and government attorney members of the association receive the same free privileges for their business, non-employer-related ads. If you have questions, call Chuck Corcoran at 515-243-3179. E-mail your copy to [email protected]
The number appearing in parentheses after each ad is not a box number. It indicates the date
the ad will be pulled from the magazine. (TF) indicates the ad will run until we receive instructions to pull it.
COMMERCIAL ADVERTISERS:
Contact Shannon Espenscheid, 641-474-2280 or David Larson
Positions Available
GREAT OPPORTUNITY – Small firm with
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ATTORNEY WANTED: Waterloo attorney
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an office in Waterloo. Two years of experience are preferred. All replies will be confidential. Please submit resume to Rickert &
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SIMMONS PERRINE ALBRIGHT & ELLWOOD P.L.C., an AV-rated firm of 30 attorneys serving eastern Iowa, seeks an intelligent, hard-working, ethical, and personable
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ATTORNEY WANTED – The Yankton,
South Dakota, office of Johnson,
Heidepriem, Miner, Marlow & Janklow, LLP,
an AV-rated law firm, seeks an attorney interested in commercial transactions and civil
and commercial litigation. Exceptional
research and writing skills required. All
replies will be kept confidential. E-mail or
mail a letter of introduction and resume to
Sheila Woodward at [email protected]
or P.O. Box 667, Yankton, South Dakota
(1102)
57078.
THE
CLASSIFIED ADS
STAFF ATTORNEY for statewide non-profit
organization. Provide advocacy services for
people with mental illnesses and developmental disabilities. Handle client and systems
advocacy, abuse and neglect investigation,
public information/training, professional
training presentations and program development. Law degree from an accredited law
school, admitted to Iowa Bar or eligible to be
admitted to the Iowa Bar within six months
of employment. Must have knowledge of
services for children and adults who have
disabilities, laws, issues and advocacy, 3-5 years
of courtroom litigation experience and
demonstrated commitment to public interest
law. Salary DOE plus competitive benefit
package. Persons with disabilities or ethnic
minorities are strongly encouraged to apply.
Submit resume and letter stating reasons for
interest to Iowa Protection and Advocacy
Services, Inc., 3015 Merle Hay Road, Ste 6,
Des Moines, IA 50310, ATTN: Lori, by
(SE)
September 15, 2002. EOE/AA
NOTICE
UNAUTHORIZED PRACTICE OF LAW VIOLATIONS
For information and to file a complaint, contact:
Mark Godwin, Chair – Commission on Unauthorized Practice of Law
400 East First Street • Des Moines, Iowa 50309
e-mail: [email protected]
MEDIATOR TRAINING
Richard M. Calkins, former dean of
Drake Law School, and co-author of
the treatise, Mediation: A Quest For
Peace, is now accepting applications
for both his primary and advanced
mediation training classes.
Primary Class
(40 hrs. CLE, 2 hrs. ethics):
Date: January 6-10, 2003
Location: Des Moines
Time: 8 a.m. to 5 p.m., each day
EXECUTIVE DIRECTOR -Youth Law
Center, a private, non-profit law office representing abused and at-risk children seeks
Executive Director. Experience in administration and management within the legal system,
advanced skills in legal research and writing,
knowledge and experience with the juvenile
justice system. Member of the Iowa Bar preferred with minimum of seven years legal
experience. Starting salary $55,000-$65,000
DOQ. Send resume by October 14 to Victoria
L. Herring, Attorney at Law, 4331 Greenwood
Drive, Ste. 100, Des Moines, Iowa 50312.
requirements set by the Department of
Defense; and have graduated form a ABA
accredited law school and passed a state bar
exam. Interested applicants should send a
resume to Command Judge Advocate, 19th
Theater Support Command (C), U.S. Army
Reserve Center, Bldg. 100, 225 East Army
Post Road, Des Moines, Iowa 52704 or contact Lieutenant Colonel Skilton at
[email protected].
(1202)
(1102)
ARE YOU SEARCHING for a new associate
or law partner? Are you looking for a different full- or part-time position? Go to
www.iowabar.org and click on the ISBA
(TF)
Career Center.
ATTORNEY – fulltime position available for
attorney with experience in real estate transactions and title underwriting. Duties include,
but are not limited to: providing underwriting guidance to staff and Iowa Title Guaranty
participants for residential and commercial
transactions; reviewing/issuing title guaranty
certificates; drafting/reviewing/ administering legislation, administrative rules, Title
Guaranty standards & procedures, and
division forms; training Title Guaranty
participants, staff and consumers; supporting
marketing, auditing and compliance staff.
Qualifications: Must possess law degree;
admitted to practice law in Iowa; title underwriting experience, real estate/mortgage law
experience; excellent verbal, written, analytical, & problem solving skills; technologically
adept. Salary $45,635.20 to $64,708.80
annually. Send resume by October 15, 2002,
to Dennis Dietz, Iowa Finance Authority Title
Guaranty Division, 200 E. Grand Ave., #350,
(SE)
Des Moines, Iowa 50309 EOE/AA
WEST DES MOINES law office seeks third
attorney to share office space in convenient,
easy access location. Referrals as they become
available. For more information please call
(1202)
515-222-1110.
Advanced Class
(24 hrs. CLE, 1 hr. ethics):
Date: January 15-17, 2003
Location: Des Moines
Time: 8 a.m. to 5 p.m., each day
ASSOCIATE – Smith Peterson Law Firm of
Council Bluffs seeks an associate with 0-2
years experience. Opportunities in areas of
litigation and office practice. Outstanding
oral and written communication skills are
necessary. Please send resume, law school
transcript and present level of compensation
in confidence to Smith Peterson Law Firm,
35 Main Place, Suite 300, Council Bluffs,
(1202)
Iowa 51503.
If you would like an application, contact:
Susan Ewing
801 Grand Avenue, Suite 3140
Ph: (515) 283-0331
Fax: (515) 283-0702
Email: [email protected]
JUDGE ADVOCATE POSITION, U.S.
Army Reserve – The 19th Theater Support
Command located in Des Moines is always
interested in qualified lawyers to serve in the
Army Reserve Judge Advocate General’s
Corps. Applicants must be available for
military duties as a lawyer on a world-wide
basis; meet the requisite physical and other
28
THE
Career Center
Expert Software
LegalWorks Guidelines for Iowa. IBM
Windows Compatible/ Windows version.
Calculates child support pursuant to Iowa
child support guidelines worksheet and
client’s financial affidavit. Call (888) 2825291 for pricing and delivery information.
Satisfaction guaranteed. LegalWorks Software,
P.O. Box 22127, Des Moines, IA 50325. (SE)
Office Space Available
IOWA CITY – Two offices that share
common reception area and library available.
Parking and storage included. The
courthouse, bank and post office are nearby.
Located at 22 Court Street in Iowa City.
(SE)
Please phone 319-351-0222.
PLAZA LAW OFFICE – Office space
available in suite of law offices in The Plaza
in Downtown Des Moines includes staff,
services, equipment and utilities. Reasonable
terms. All inquiries confidential. Phone
(SE)
515-244-7820.
DES MOINES LAW OFFICE space available
for two attorneys in a law office suite with
four attorneys at The Plaza at 300 Walnut
Street in Des Moines. Includes receptionist,
conference room, copier, fax, reception area
and kitchen. Secretarial space also available.
All inquiries confidential. Please phone
(1102)
515-288-3333.
DES MOINES – Office space available South
of Grand. Completely remodeled and renovated. Approx. 1,800 sq. ft. and ideal for 1-2
person law firm. $2,500/mo. Utilities paid.
Contact Marc Humphrey via e-mail at
[email protected] or phone
(1102)
515-274-8340.
CLASSIFIED ADS
SALE/LEASE – DES MOINES: 175 NW
57th Place – 6000 SF on 1 Acre (north 1 mile
on NW 2nd from I-80 – a main artery
between Ankeny & DSM). 5390 NW 2nd
Avenue (north 1/2 mile on NW 2nd from
I-80); utilities paid; secretarial services on
site; starter offices from $175; executive suites
from $475. Phone: 515-289-1433;
www.sandlerenterprises.com position
(SE)
open or available
Law Books
For Sale/Wanted
249A.5(2)f(2) provides that the personal
representative or executor of the estate of
the recipient may be personally liable for the
claim to the extent of the recipients assets at
the time of death, if such assets were not
used to pay the medical assistance debt. For
further information contact: Ben Chatman;
Estate Recovery Program; 904 Walnut St.,
Ste. 502, Des Moines, IA 50309; telephone
515-246-9841; fax 515-246-1722;888-513-5186;
http://www.iowa-estates.com
E-Mail: estates@sumo group.com
(SE)
NOTICE – MEDICAID LIEN: The Iowa
Department of Human Services has a lien
against the recovery recipients obtained from
third party tort feasors pursuant to Iowa Code
249A.6. Questions? Call CONSULTEC, INC.,
Rocco Russo, 1-515-327-0950 ext. 1114. (SE)
Vacation Rental
IOWA CODE ANNOTATED – New, still in
the box. Current to August 1, 2002. $900 or
best offer. Contact Missy at 515-265-8877.
(1202)
COMPLETE SET of up to date, or close to
current, Iowa Code Annotated. Please con(TF)
tact Brian at 515-244-8848.
Miscellaneous
NOTICE CRIME VICTIM
COMPENSATION SUBROGATION.
Do you represent a client who has received
medical benefits, lost wages, loss of support,
counseling or funeral and burial assistance
from the Crime Victim Compensation
Program of the attorney general’s office?
When your client applied for compensation
benefits, a subrogation agreement was signed
pursuant to Iowa Code section 912.12 (1995).
The attorney who is suing on behalf of a
crime victim should give notice to the Crime
Victim Compensation Program upon filing a
claim on behalf of the recipient. The Crime
Victim Compensation Program will pay a pro
rated share of the expenses incurred in
obtaining a judgment or verdict. Questions?
Contact Julie Swanston, MPA Compensation
Administrator, Crime Victim Assistance
(SE)
Division, (515) 281-5044.
NOTICE TO ATTORNEYS: Estate
Recovery Program. Iowa Code section
249A.5(2)f(2) provides that medical
assistance recipients, age 55 and older,
shall reimburse the state for Title XIX
benefits received. Title XIX funds the
Medicaid, Medically Needy, and Elderly
Waiver programs. A medical assistance claim
for reimbursement is a priority claim, Iowa
Code section 633.425. Iowa Code section
Watch the sunset over The Gulf of Mexico.
Take advantage of a quiet island with fantastic
shelling. Two bedroom, two bathroom condos at Boca Grande, Florida. Please call Yale
Kramer at 515-281-9237 for owner’s discount.
(SE)
$630 per week and up.
Experts
REAL ESTATE AND BUILDING CONSTRUCTION EXPERT: Architect available
to assist in case preparation, depositions and
court testimony for plaintiff or defense
attorneys. Areas of expertise include: real
estate partnerships, real estate finance, real
estate investments, land economics, architecture, building design, value engineering,
cost evaluation, construction management
and construction scheduling. Specialist
in preparation of computer-generated
charts, graphs, scale drawings and models.
Professional experience in 32 states. Résumé
and references available upon request. John
G. Kujac, 15561 NW Madrid Dr., Madrid, IA
50156. (515)795-4001 or fax (515) 795-3049.
(SE)
USURY
The Iowa Department of Banking’s website
posts the latest usury rate and a wealth of other
financial information that is obtainable all day,
every day of the year. Just go to
http://idob.state.ia.us and click on “banking”
and then on “rates” for the very latest from
state regulators. Be sure to save the site in
your “favorites” file on your browser so you
can easily return to the site as often and
whenever as you wish.
Personal
IF DEPRESSION, STRESS, ALCOHOL
OR DRUGS are a problem for you, we can
help. We are a non-profit corporation
offering attorneys free help in a totally
confidential relationship. We are the Iowa
Lawyers Assistance Program and totally
separate from the state bar association.
Under order of the Iowa Supreme Court,
all communication with us is privileged and
private. Our director is a former lawyer, a
recovering alcoholic and drug addict. He
is a trained substance abuse counselor and an
Employee Assistance Professional (EAP). We
cannot help unless you call – 515-277-3817 or
800-243-1533 – or message (in confidence)
[email protected] All you have to do is
ask us to contact you. No other details are
necessary. We will call you. The Iowa Lawyers
Assistance Program can provide speakers for
(TF)
local bar associations. Just ask.
You should know that … all the
rules with respect to lawyer advertising are set
out in DR 2-101, DR 2-102, and DR 2-105 of
the Iowa Code of Professional Responsibility for
Lawyers which is Chapter 32 of the Rules of the
Iowa Supreme Court.
HOPKINS & HUEBNER, P.C.
OPPORTUNITY for an attorney or group
of attorneys to purchase or lease 5,000
square foot office building in River Ridge
Professional Park in Cedar Rapids. Price
negotiable. Asking well below appraised
value. Call Stan Younce, 1-800-747-1011 (SE)
Hopkins & Huebner, P.C.
Law Offices
Des Moines • Adel • Quad Cities
Iowa
Workers’
Compensation
Mediation
Mediators
Frank Harrison
Former Deputy Industrial Commissioner
Marvin Duckworth
E. J. Kelly
Former Deputy Industrial Commissioner
Robert Landess
Former Industrial Commissioner
Valerie Landis
Anne McAtee
515-244-0111
THE
ISBA Telephone Continuing Legal Education here!
The Government Practice Section has put together ISBA’s pioneering telephone CLE. “Privacy Issues for the Public & Private
Workplace” will be Wednesday, October 23, 2002 over the noon
hour, from 12-1 p.m. The program aims to acquaint attorneys
with current privacy issues that arise in public and private workplaces. It targets government practice attorneys but will have
application for other lawyers who practice in employment areas.
It is a quick, one-hour telephone CLE seminar and an inexpensive and convenient way to receive CLE credit. Using ISBA’s
conference call service, anyone can be an interactive participant
in a live seminar, avoiding the added expense of travel and time
away from their office. It is delivered over the phone for reliable,
clear sound quality. It is a controlled environment that has the
feel of a talk-radio program. All callers will be muted so they will
hear only the host and the speaker. Phone lines will open at the
end of the program for questions. There are no special equipment requirements or hookups. Just pick up a touch-tone phone
and join in.
After registration, access instructions will be mailed/e-mailed a
week before the program. They will include a toll-free number to
call the day of the seminar and a code number to access the seminar. Course materials will be distributed by mail or they will be
available for download from the ISBA website.
The speaker for this telephone CLE program is James C.
Hanks from Des Moines a member of the Ahlers Law Firm’s
Local Government Law and Employment Law and General
Litigation Departments.
He serves as a council member and chair of the Public
Education Committee for the
Section of State and Local
This calendar contains the Activity ID # you will need for reporting purposes at the end of the
Government of the ABA and as
year. It will be updated with new numbers as the programs are approved for CLE credit. This is a
a member of the Labor and
partial listing of seminars. As seminars are scheduled they will be updated on this calendar and
Employment Law Sections of
on the ISBA website: www.iowabar.org.
the ABA and ISBA.
Jim has lectured on educaDate Program
Number of Hours
Location
Activity ID
tion and employment law issues
State Federal Ethics
for the University of Iowa
October
College of Law, the National
1 Traveling Seminar
6.5
.75
1
Council Bluffs, Harrah’s Hotel
14075
School Boards Association, the
2 Traveling Seminar
6.5
.75
1
Mason City, Holiday Inn
14076
National Organization for Legal
3 Traveling Seminar
6.5
.75
1
Cedar Rapids, Clarion Hotel
14077
Problems in Education, the
4 Traveling Seminar
6.5
.75
1
Bettendorf, Jumer’s Castle Lodge 14078
American Bar Association, the
7 Traveling Seminar
6.5
.75
1
Des Moines, Embassy Suites
14079
National Association of State
18 Probate & Trust Law Seminar (Live)
6
1
Des Moines, Embassy Suites
14080
Boards of Education, and the
23 Privacy Issues Public/Private Workplace 6.25
2
1
Telephone CLE
Iowa, Nebraska, Kansas, and
25 Environmental Law Seminar
Michigan Councils of School
25 Appellate Practice Seminar
6
.5
Des Moines, Embassy Suites Hotel 14089
Attorneys.
CLE credit for telephone
November
seminars will require partici1 eCommerce Section Seminar
Des Moines, Embassy Suites Hotel
pants to follow simple proce8 Probate & Trust Law Seminar (Video)
6
1
14081
dures to obtain credit after the
8 Probate & Trust Law Seminar (Video)
6
1
Council Bluffs, IA Western College 14082
event by sending the following
6
1
Marquette, Isle of Capri Riverboat 14083
information to the CLE
6
1
Mason City, Holiday Inn
14084
Commission:
6
1
Ottumwa,
14085
■ Post Accreditation form
Indian Hills Comm. College
■ Certificate of Attendance
6
1
Sioux City, Convention Center
14086
■ Materials/outline from
6
1
Waterloo, Ramada Inn
14087
telephone CLE.
2002 ISBA Continuing Legal Education
December
4-6 Tax School
13 Federal Practice Seminar
6
-
1
Davenport, Radisson Hotel
14088
Des Moines, Downtown Marriott
Des Moines, Downtown Marriott
Information on all Iowa State Bar Association-sponsored events is available on our website
www.iowabar.org or by calling call 1-800-457-3729 or (515) 243-3179.
Register online for all of our educational events with VISA and Mastercard.
30
THE
The forms will be available on
the ISBA website –
www.iowabar.org
The registration fee for this
one hour teleconference is $25
per person. Take advantage of
the convenience of this seminar
and register on the ISBA
website.
The Annual Environmental & Natural Resources Law
Seminar
It will be October 25, 2002, at the Clarion Hotel in Cedar
Rapids beginning at 8:30 a.m. The all-new program features
the new Superfund amendments that substantially change liability for innocent landowners, Iowa’s new Confined Animal
Law and Regulations, and a preview of the toxic mold litigation that is just beginning to hit Iowa. Featured speakers
include Jim Gulliford, the new head of EPA’s Region 7, Martha
Steincamp, the Regional Counsel for Region 7 and Wayne
Gieselman, the head of the Environmental Services Division of
the DNR. Topics also included are proving environmental
damages and officer, director and shareholder liability under
environmental laws.
This 6.25-hour CLE is a bargain at $115 for section members
and $125 for regular members. Register today on the ISBA
website.
Family Law Seminar Registration
Four Ways to Register:
(1) By phone 800-813-3669
(2) By mail: complete and mail this registration form
(3) By fax: complete and fax this registration to 515-271-1958
(4) By Internet: www.iowabar.org (go to the “CLE Seminar
Schedule”)
Advance Registration Fees:
(Note: Pre-registration guarantees receipt of conference
materials on seminar day.)
$175
Includes materials, lunch and break refreshments
$165
ISBA Family & Juvenile Law Section Member
$175
Enroll me as a member of the Family &
Juvenile Law Section and apply $10 to the
membership fee.
$80
Judges’ Registration
$75
Materials only, to be mailed after the conference.
Once again we offer an eCommerce Seminar
It is November 1 at the Embassy Suites in downtown Des
Moines. This six-hour CLE will review the rapidly developing
practice area of eCommerce today and where it is headed
tomorrow. The eCommerce CLE Committee has made an
effort to cover topics of interest to general practitioners as well
as those well versed in eCommerce issues. Topics include
Business Method Patents in eCommerce, Trademarks and
Copyrights on the Internet, a Legislative Update, and many
other hot topics. Go to the ISBA website for more information
and to register for this program.
Cancellation Policy: Any cancellations received seven working
days prior to the event will receive a full refund or credit. Due
to printing and site costs, cancellations made after the five day
deadline will be subject to a $75.00 cancellation fee.
Late Registration:$200 fee after October 17, 2002.
Please make checks payable to Drake University.*
MasterCard/VISA accepted.
Name: ______________________________________________________
The annual ISBA/Drake University Law School Family Law
Seminar returns
It is October 24-25 at the West Des Moines Marriott Hotel.
This year’s seminar is simply the best educational, informational and networking event ever scheduled for family law practitioners and judges in Iowa. New this year is the day-and-a-half
format that provides 12 hours of State CLE which includes
1.25 Ethics and 1.5 Federal hours. Topics include Judges’
Insights into Alimony and Custody Cases; Financial Planning
in Divorces; Business Valuation From the Basics to the
Complex presented by some of Iowa’s finest valuation experts;
Jim Meade’s Family Law Update; and much more.
On Thursday evening, participants will be invited to sign up
to “Dine-around Des Moines.” Reservations have been made
at some of Des Moines’ finest and most interesting restaurants
for groups of our registrants to enjoy together. Sign up sheets
will be available at the seminar.
The price can’t be beaten! Just $175 covers the day-and-ahalf program, including printed materials, lunch on Thursday
and break refreshments. ISBA Family Law Section members
pay $165. For more details, please go to the ISBA website –
www.iowabar.org or complete the registration form –
Organization: ________________________________________________
Address:______________________________________________________
City/State/Zip: ______________________________________________
Telephone: ______________________________________________
Please complete the following if you choose to pay with a credit card:
(Circle one):
MasterCard
VISA
Card Number____ ____ ____ ____
Expiration Date__________
Name as it appears on card: ____________________________________
Signature ______________________________________________
Send to: Continuing Legal Education
Drake University Law School
2507 University Avenue
515-271-2988 or 515-271-2824
*Proceeds from Drake Law School-sponsored CLE programs support
the Drake Law Library.
THE
W-105588_Final_SIZE D 7/12/02 11:27 AM Page 1
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W-105588/6-02

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