More Budget Cuts Ahead by pengxiang

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									          Bench Press
           IOWA
Newsletter of the Iowa Judicial Branch                                                 May-June 2001

More Budget Cuts Ahead


G
         et ready to tighten your belts      judges, district
         another notch. For the second       court administra-
         year in a row, the Iowa Judicial    tors, and state
Branch will need to implement statewide      court administra-
budget cuts to deal with a funding           tive staff to
shortfall.                                   prepare for cuts.
                                             The group
Though the Judicial Branch was the only      scrutinized all
state department or agency to receive an     aspects of the
increase in its operating budget — $1.8      budget and
million, the Judicial Branch received less   developed a list of
than it needs for salary funds.              options for cuts
                                             from which the
“We’re roughly $1.8 million short of where   Supreme Court
we would like to be,” said Chief Justice     can choose.
Louis Lavorato. “However, the shortfall is
much less than we expected.”                 The Iowa Supreme
                                             Court will meet in
For the past two months, Chief Justice       July to decide how
Lavorato has been working with chief         to balance the
                                             budget.

                                             “We are going to
                                             approach the budget cautiously because
           Contents                          it’s possible that state revenues won’t
                                             improve as projected,” Said Lavorato. “If
  New Legislation ................... 4      that’s the case, there may be another
                                             deappropriation.”
  Volunteers Honored ........... 12
                                             Earlier this year, the Legislature and
  Award Program ................. 13         Governor approved a deappropriation,
                                             which took $4 million from the court
                                             technology fund. The money amounted to
  Criminal Update ................ 14
                                             50% of the total deappropriation for the
                                             entire state government. The Court was
  New Faces ........................ 16      planning to use the money to start its long
                                             awaited electronic document management
  Sexual Violence Conference 18              program. Now the program is on hold.

  IOLTA Grants ................... 23
 Iowa Bench Press                                                                            May-June 2001 Page 2



Judge Paulsen Heads Iowa
Judges Association

D
          istrict Court Judge Donna
          Paulsen, 5th District, is the new    Judge Paulsen was a member of the
          president of the Iowa Judges         steering committee of the Iowa Supreme
Association. Judge Paulson has served as       Court Commission on Planning for the 21st
a district court judges since 1992. She is     Century. She was a member of the Board
the second woman to lead the organiza-         of Directors of the National Association of
tion.                                          Women Judges. Judge Paulsen chaired
                                               the Iowa Judges Association ADR
She graduated from the University of Iowa      Committee and was a member of the Iowa
in 1970 with distinction, and from the         Attorney general’s Task Force on ADR.
University of Iowa College of Law in 1975,     She is a fellow in the American Bar
with distinction. Following law school,        Foundation and a member of the C. Edwin
Paulsen worked in the private practice of      Moore Inn of Court.
law in Cedar Rapids, and later in Des
Moines.



                                               Judges Association Honors
                                               Judge Brady

                                               T
                                                      he Iowa Judges Association                 Judge Brady earned her bachelor’s degree
                                                      selected District Court Judge Lynne        from the University of Northern Iowa in
                                                      Brady, 6th District, as the recipient of   1968. She received her law degree from
                                               its Award of Merit. The Association               Drake University Law School in 1972.
                                               recognized Judge Brady at the Judges
                                               Conference last week in Des Moines.

                                               Judge Brady has served on the bench
                                               since 1973. She began as a district
                                               associate judge and was appointed to the
                                               district court bench in 1985.




   The Iowa Bench Press is            The Iowa Bench Press              Iowa Bench Press             Editor: Rebecca Colton
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   activities. Articles express the   inquiries and news sugges-
   views of the authors or the        tions to:
   editor and not necessarily
   those of the Iowa Judicial
   Branch.                                    Visit the Iowa Judicial Branch web site at:
                                              www.judicial.state.ia.us
 Iowa Bench Press                                                                                May-June 2001 Page 3



Justice Snell to Retire in August

I
    owa Supreme Court Justice Bruce Snell,
    Ida Grove, has announced that he will
    retire from the Court on August 18.
Justice Snell has served on the Iowa
Supreme Court since 1987. He served on
the Iowa Court of Appeals from 1976 to
1987. On August 18, Justice Snell will be
72 years old, the mandatory retirement age
for Iowa judges.

A public ceremony will be held on August
17 at 2:30 p.m. in the courtroom at the State
Capitol to honor Justice Snell.




                                                              Justice Bruce Snell




Three Judges Nominated for the Iowa
Supreme Court

O
         n June 20, the State Judicial          Judge Gamble is currently chief judge of          The Governor has the responsibility of
         Nominating Commission selected         the Fifth Judicial District, a position he has    making the appointment from the slate of
         three judges as nominees for an        held for five years. He also received his         nominees. He must do so by July 21.
upcoming vacancy on the Iowa Supreme            undergraduate and law degrees from the
Court. District Court Judge Tim Finn,           University of Iowa. Judge Gamble                  The new appointee will replace Justice
District Court Judge Arthur Gamble, and         practiced law in Des Moines before his            Bruce Snell, who retires in August.
Court of Appeals Judge Michael Streit,          appointment to the district court bench in
were selected from a group of fifteen           1983.
people who had applied for the position.
                                                Judge Streit received his bachelor’s
Judge Finn received his undergraduate           degree from the University of Iowa and his
and law degrees from the University of          law degree from the University of San
Iowa. After graduating from law school he       Diego. Following his graduation from law
was a law clerk for Iowa Supreme Court          school he practiced law in Chariton, Iowa.
Justice David Harris. Later, Finn practiced     He served as county attorney for Lucas
law in Ames, Iowa. He was appointed to          County. In 1983 he was appointed to the
the district court bench in 1987.               district court. He joined the Iowa Court of
                                                Appeals in 1996.
 Iowa Bench Press                                                                 May-June 2001 Page 4



New Legislation 2001
By Rebecca Colton, Assistant to the Chief Justice



                                                                                      by authorized persons. The bill shifts the
This is a summary of bills of interest to the courts that were                        deposit of certain civil penalties collected
passed by the Legislature and signed by the Governor earlier                          for driver’s licenses from the state general
this year. This is not a complete statement of all legislation.                       fund to the juvenile detention home fund.
For more information, check West Legislative Service of the
legislature’s Web site – www.legis.state.ia.us                                        Salaries of State Officials and Employees
                                                                                      HF 746
                                                                                      This bill sets the pay scale for state officials
                                                                                      and employees and affirms the state’s col-
                                             APPROPRIATIONS                           lective bargaining agreements. The legisla-
                                                                                      ture approved a 3% salary increase for
                                                                                      judges, magistrates and employees. The bill
                                    ICN and Technology                                includes appropriations to the state’s Salary
                                    HF 719                                            Adjustment Fund to cover the cost of the
                                    This bill contains appropriations to the ICN      raises.
                                    and to other entities for technology projects.
                                    The bill appropriates $13 million from the in-    Mental Health, Regulatory Matters,
                                    frastructure fund to the pooled technology        Miscellaneous Appropriations
                                    account. Some of the projects in line for         HF 755
                                    funding from the pool are the community           This bill appropriates funds for county men-
                                    college technical improvement project, the        tal health, mental retardation, and develop-
                                    learning initiative of the University of North-   mental disabilities allowed growth factor ad-
                                    ern Iowa, technology for students of accred-      justment; state appeal board claims, at-risk
                                    ited nonpublic schools, Part III connections      children programs, debt service, and other
                                    of the ICN, the state justice data warehouse,     items. In addition, the bill contains a num-
                                    and the replacement of the state’s voter reg-     ber of substantive Code changes and
                                    istration system.                                 amendments to other bills passed this ses-
                                                                                      sion.
                                    The bill amends the law regarding state
                                    records and forms to require agencies to post     FY 2001 Deappropriations
                                    copies of their newsletters on the Internet.      SF 267
                                                                                      Among other things, SF 267 transferred $4
                                    The bill routes various funds to the pooled       million from the Enhanced Court Collections
                                    technology fund.                                  Fund to the State General Fund. The Gover-
                                                                                      nor approved the transfer. The Judicial
                                    DHS Appropriations                                Branch had planned to use the $4 million to
                                    HF 732                                            begin implementation of the Electronic Docu-
                                    This bill contains appropriations to DHS for      ment Management project.
                                    operations and programs. The bill includes
                                    funds for the state’s juvenile institutions,      Appropriation of Federal Funds and
                                    foster care, child support recovery, court        Grants
                                    ordered services, mental health institutions,     SF 525
                                    mental health community services, and other       This bill allocates federal funds and grants
                                    programs. Section 40 of the bill allows the       awarded to state programs and agencies
                                    department of inspections and appeals to          such as drug crime grants, violence against
                                    provide access to a single contact reposi-        women grants, and social services grants.
                                    tory established under section 135C.33(6),
                                    for criminal and abuse history checks made
 Iowa Bench Press                                                                                    May-June 2001 Page 5




New Legislation
Continued



Judicial Branch Appropriations                    the attorney general, the department of cor-        tablishing a new section that prohibits dam-
SF 527                                            rections, community based corrections, the          age to certain crops or crop operations. The
The Judicial Branch came out of the session       state public defender, the law enforcement          bill recognizes two types of damage; the first
with its own appropriation bill. The bill in-     academy, the department of public safety and        for damage to research crops and the other
cludes $113.8 million for operations, an in-      the department of public defense.                   for non- research crops. A prevailing plain-
crease of $1.7 million over the current year.                                                         tiff shall be awarded court costs and reason-
The appropriation to the Judicial Retirement      Section 6 of the bill provides that a drug court    able attorney fees. Violations are also pun-
Fund is $3.2 million, which is the equivalent     established in a judicial district department       ishable by criminal penalties.
of 16.6% of basic judicial salaries. The legis-   of correctional services shall only be offered
lature reduced the state’s contribution rate      to offenders if an adjudication of guilt has        Statute of Limitations: Improvements to
from 23.7% this year after the Fund’s actuar-     been entered, and felony offenses shall be          Real Property
ies reported that the lower rate would be         given priority over misdemeanors. In addi-          SF 222
sufficient to maintain the soundness of the       tion, the bill directs the department of cor-       This bill reduces the statute of limitations in
Fund. The legislature did not appropriate         rections to implement procedures to provide         civil actions arising out of the unsafe or de-
funds for the Juvenile Victim Restitution pro-    continuing evaluation of drug courts.               fective conditions of an improvement to real
gram this year.                                                                                       property. Actions based upon tort and im-
                                                  Section 8 of the bill encourages state agen-        plied warranty and for contribution and in-
In addition to operating funds, the Judicial      cies and departments to purchase products           demnity, and founded on injury to property,
Branch will receive $5.6 million for expenses     from prison industries pursuant to section          real or personal, or injury to a person or
related to salary increases and health insur-     904.802. In addition, all agencies and de-          wrongful death, shall not be brought more
ance. According to the State Court                partments must submit a report to the fiscal        than ten years after the occurrence. The pre-
Administrator’s Office, the Judicial Branch       bureau by January 15, 2002, containing the          vious deadline for filing an action was fif-
needs around $8.3 million to cover these ex-      dollar value of products and services pur-          teen years. Vetoed.
penses. The Supreme Court will discuss            chased from prison industries.
budget cuts when it meets in July.                                                                    Structured Settlement Protection Act
                                                  Section 22 requests the Legislative Council         SF 337
Tobacco Settlement Funds                          to establish an interim committee to study          This bill establishes a new chapter of the
SF 532                                            issues relating to involuntary hospitalization.     Code that sets out procedures for the trans-
This bill amends provisions of the tobacco                                                            fer of structured settlement payment rights
trust fund established last year for purposes                                                         resulting from tort and workers’ compensa-
of distributing proceeds from the settlement                                                          tion claims. The bill provides that a transfer
of the tobacco lawsuit.                                              CIVIL                            of structured settlement payment rights shall
                                                                                                      not be effective unless the transfer has been
Appropriations of Tobacco Settlement              Mediation In Civil Rights Cases                     approved in advance in a final court or ad-
Funds                                             HF 326                                              ministrative order. The court or administra-
SF 533                                            This bill amends section 216.15B concern-           tive body must make express findings that
This bill appropriates the proceeds of the        ing formal mediation of civil rights cases be-      the transfer is in the best interest of the
tobacco settlement. The bill includes funds       fore the civil rights commission. Formal            payee, the payee has been advised in writ-
for drug courts including $35,359 for the third    mediation is no longer mandatory.                  ing by the transferee to seek professional
judicial district department of correctional                                                          advice regarding the transfer, and the trans-
services, $191,731 for the fourth district, and   Civil Liability for Damages to Certain              fer does not contravene any statute, court
$255,692 for the fifth district.                  Crops or Animals                                    order or other government authority.
                                                  HF 502
Justice System Appropriation: Drug                This bill appears to be an attempt to address       An application for approval of a transfer shall
Courts and Prison Industries                      criminal activity aimed at certain agricultural     be made by the transferee and may be
SF 530                                            facilities, crops and livestock. It greatly ex-     brought in the county where the payee re-
This bill appropriates funds to various jus-      pands chapter 171A by adding a long list of         sides, where the settlement obligor or annu-
tice system agencies including the office of      definitions of terms used in statute and es-
 Iowa Bench Press                                                                               May-June 2001 Page 6




New Legislation
Continued

ity issuer maintains a principal place of busi-    for plaintiffs seeking protection from domes-    expanded to include acts involving comput-
ness, or in any court or before an adminis-        tic abuse under chapter 236. The court may,      ers and electronic, magnetic, and optical stor-
trative body that approved the settlement          however, order a defendant to pay the fee.       age systems. The penalty for possession of
agreement. The transferee must comply with                                                          materials prohibited by this section is
specific notification requirements. The            Medical Assistance Claims                        changed from a class “C” to a class “D”
payee cannot waive the provisions of the           SF 354                                           felony.
Act. The bill also contains specific proce-        See description under Probate.
dures for transfer of payments that are life-                                                       Incest: Statute of Limitations
contingent.                                        Law Enforcement Surcharge                        HF 458
                                                   SF 486                                           This is a bill for an act extending the statute
The Act applies to any transfer agreement          See description under Criminal.                  of limitations period for filing a criminal
entered into on or after the thirtieth day after                                                    charge of incest. Extends the limitation to 10
the effective day of the Act, April 26.            Scheduled Fines                                  years after the person turns 18 in the case of
                                                   SF 499                                           incest involving a minor.
                                                   See description under Criminal.
        CLERKS OF COURT                                                                             Criminal AIDS Transmission
                                                                                                    HF 550
Notaries                                                         CRIMINAL                           This bill adds the offense of criminal trans-
HF 259                                                                                              mission of human immunodeficiency virus
See description under Miscellaneous.                Felonious Conduct by a Public Officer           through intimate contact to the list of aggra-
                                                   HF 272                                           vated offenses that require registration un-
Interest on Judgments                              This bill expands the scope of the crime of      der the sex offender registry.
HF 356                                             felonious misconduct by a public officer or
See description under Miscellaneous.               employee to include falsifying a record or       All-Terrain Vehicles and Snowmobiles:
                                                   knowingly delivering a falsified record. In      Safety Flag
Retention of Clerks: Petition                      addition, the terms “government body” and        HF 561
HF 566                                             “public record” mean the same as defined in      This bill amends several provisions govern-
This bill amends election and voting laws          section 22.1.                                    ing the operation of all-terrain vehicles and
by providing consistency in the use of the                                                          snowmobiles.
terms “eligible elector,” “registered voter,”      Interstate Compact for Adult Criminal            Vetoed.
and “qualified voter.” Section 37 of the bill      Supervision
amends the statutory requirements.                 HF 287                                           Standings: Scheduled Violations and
                                                   This bill enacts the national interstate com-    Child Endangerment
DARE Surcharge                                     pact for adult criminal offender supervision.    HF 755
HF 726                                             It creates an interstate commission that will    This bill is primarily an appropriations bill.
Section 11 of this bill increases the DARE         establish uniform procedures to govern the       However, it contains a number of substan-
surcharge from $5 to $10.                          movement of adult offenders between states:      tive Code changes including amendments
                                                   The bill creates a five-member state council.    setting out certain simple misdemeanors that
Sheriff’s Fees                                     The chief justice of the Supreme Court shall     are now punishable as scheduled violations.
SF 184                                             appoint one member to represent the judi-        See sections 49 through 59. The bill also
This bill increases the fees and expenses          cial branch. The bill repeals chapter 907A.      amends section 1 of SF 63 concerning child
collected by the county sheriff for various                                                         endangerment.
services such as service of notice, warrants,      Enticing a Minor Away and Sexual
executions, and for the release of a garnish-      Exploitation of a Minor                          Verification of Uniform Citation
ment.                                              HF 327                                           SF 83
                                                   This bill makes a number of changes to the       A bill attempts to fix the constitutional flaw
Domestic Abuse- Elimination of Filing and          crimes of enticing a minor and sexual exploi-    in the uniform citation and complaint form
Service Fees                                       tation of a minor. The legislature imposes       addressed in City of Cedar Rapids v.
SF 347                                             harsher penalties for enticing away a minor.     Atsinger, 617 N.W. 2nd 272 (2000). The bill
This bill waives the filing and service fees       The crime of sexual exploitation of a minor is   authorizes an officer to verify a complaint
 Iowa Bench Press                                                                                   May-June 2001 Page 7




New Legislation
Continued

before the chief officer of the agency or the     rections bill. The bill creates the new crime      theft and fraud, 715A forgery, 716 – trespass,
chief’s designee.                                 of bestiality, which is punishable as an ag-       719.8 – furnishing drugs to inmates, 725.1 –
                                                  gravated misdemeanor. The court must or-           prostitution, 725.2 – pimping, and 725.3 –
Escape From Custody By a Sexually                 der a person convicted of this crime to sub-       pandering. The surcharge is not subject to
Violent Predator                                  mit to psychological evaluation and treat-         collection allocation procedures under sec-
SF 94                                             ment.                                              tions 602.8107(4) (collection by county at-
This bill creates a new criminal offense to                                                          torney) and 909.8 (allocation to jury and wit-
cover an escape from custody by a sexually        Section four of the bill requires judges and       ness fund).
violent predator who has been civilly com-        other officials to provide previously autho-
mitted to confinement. An offender is guilty      rized PSIs to a diagnostic intake and classifi-    Reorganization and Adjustment of
of a simple misdemeanor or may be subject         cation center. The previous version of the         Scheduled Fines
to contempt. If a violator pleads guilty to, or   bill required an official to provide a PSI upon    SF 499
is convicted of, this offense, or is found in     request of a center.                               Pay close attention to this bill. It reorga-
contempt, or both, and is sentenced to a term                                                        nizes section 805.8, scheduled violations,
of confinement, the civil commitment pro-         Modification of Restitution Plan                   into two sections –805.8 and 805.8A. New
ceedings or treatment process may be              SF 393                                             section 805.8A contains all the categories of
stayed by order of the court. If a violator       This bill was in response to complaints about      scheduled fines, grouped according to sub-
remains unconfined, the attorney general or       judges modifying restitution plans without         ject matter.
the chief law enforcement officer may make        prior notice to anyone but the requesting
a public announcement of this fact.               offender. The bill requires notice be given        The legislature increased some fines, reduced
                                                  to the county attorney, the DOC, the victim        a few and left many at their present levels.
Crime Victims Compensation Fund                   and the person who prepared the plan, prior        For example, the legislature increased fines
SF 259                                            to the court modifying a plan. The bill does       for some registration and title violations, bi-
This expands the purposes for which the           not specify who is to give notice.                 cycle and pedestrian violations, emergency
department of justice may use money from                                                             vehicle violations, weight restrictions, mo-
the victim compensation fund. In addition,        Statute of Limitations: Sexual Exploitation        tor carrier violations, seat belt and safety
the department may use up to $100,000 for         By A Counselor or Therapist                        restraint violations, and littering. The legis-
training victim service providers.                SF 458                                             lature reduced the fine for several motor car-
                                                  This bill creates a new section for bringing       rier violations. Fines for speeding, hunting
Non-Operative Airbags                             an indictment of information for incest and        and fishing, smoking, alcoholic beverages,
SF 265                                            for sexual exploitation by a counselor or          ginseng, and Eurasian Water Milfoil viola-
This bill prohibits a person from installing or   therapist. For a charge of incest committed        tions remained the same.
reinstalling a non-operative air bag into a       against a minor, the time for filing is within
motor vehicle if that person knows that the       ten years after the victim attains eighteen        Sentencing Reform
airbag is nonoperative. A violation is an ag-     years of age. For other cases, the period is       SF 543
gravated misdemeanor.                             ten years after the commission of the act.         This bill allows a judge to enter a determi-
                                                  The deadlines for filing charges of sexual         nate sentence for less than the statutory
Scheduled Fines for Hunting and Fishing           exploitation by a counselor or therapist are       maximum length for class “D” felonies, if
SF 339                                            similar to those for incest.                       mitigating circumstances exist and those cir-
This confusing bill provides that the sched-                                                         cumstances are specifically stated in the
uled fine for this violation would not apply                                                         record. This does not apply to persons con-
to a violation of this chapter for which an-      Law Enforcement Initiative Surcharge               victed of a forcible felony or a habitual of-
other scheduled fine is specified in section      SF 486                                             fender. The determinate sentence cannot be
805.8(5).                                         This bill establishes a law enforcement ini-       for less than one year and must not be less
                                                  tiative surcharge on certain criminal offenses.    than the mandatory minimum. The offender
Bestiality and PSIs                               The amount of the surcharge is $125. The           shall not be eligible for parole until the per-
SF 346                                            surcharge applies to violations of sections        son has served at least half of the term.
The bestiality bill, which could not make it      124 – controlled substances, 155A – phar-          Earned time shall not apply to hasten the
on its own, ended up in a department of cor-      macy, 453B – drug tax, 713 – burglary, 714 –       person’s eligibility for parole under this sec-
 Iowa Bench Press                                                                                  May-June 2001 Page 8




New Legislation
Continued


tion. A person sentenced under this section        Child and Dependent Abuse Reporting               Standby Adoptions and Legal Risk Place-
shall not receive a deferred or suspended                                                            ments
sentence.                                          HF 680                                            HF 567
                                                   Among other things, this bill amends the          This bill creates a new section for placement
The bill also changes the time period during       mandatory reporter law. It also requires the      of a child with prospective adoptive parents
which the court may reconsider a sentence          department of human services to notify the        prior to termination of the parental rights of
under section 902.4, from ninety-days to one       county attorney when it has received more         the child’s parents, notwithstanding the in-
year.                                              than three reports which identify the same        terstate compact on placement of children.
                                                   child as a victim of abuse or the same person     The department of human services is autho-
                                                   as the alleged abuser, or which reports were      rized to place a child under these circum-
                 FAMILY                            made by the same person, and the depart-          stances if the prospective parents provide a
                                                   ment has determined the reports to be with-       written “legal risk statement’ acknowledg-
Dissolution: Financial Statements and              out merit or false.                               ing the risk, assuming full financial and legal
Participation in the Course for Parents                                                              risks, and holding the department harmless
HF 180                                             Child Support Enforcement: Juvenile               for any failure of the placement.
This bill allows the court to order a trustee      Court Records
to provide information on behalf of a trust        SF 310                                            The bill also creates a new section for
relating to any beneficial interest a party to a   Among other things, this bill authorizes          standby adoptions, which facilitates the
pending action may have in the trust. The          the disclosure of juvenile court records          adoption of a child when the child’s parent
bill also allows the court to enter a final de-    relating to paternity, support, or termina-       is terminally ill. The bill allows a terminally ill
cree of dissolution even though a party to         tion of parental rights, to the child support     parent to consent to termination of parental
the action has not attended the mandatory          recovery unit, upon request, without a            rights and the issuance of a final adoption
course for divorcing parents, if participation     court order.                                      decree effective upon the death of the par-
in the course has been waived or delayed                                                             ent or the request of the parent. The termi-
for good cause or is not required. The court                      JUVENILE                           nally ill parent can consent to the adoption
may order the parties to receive information                                                         only if the other parent is not living or has
conveyed by the course through an alterna-         Manufacture of Drugs in the Presence of           lost parental rights to the child. The court
tive format                                        a Child                                           may expedite the proceedings and waive the
                                                   HF 178                                            minimum residency requirement.
                                                   A bill for an act applying child in need of
Informed Consent                                   assistance and child abuse provisions to a        Child Endangerment
HF 341                                             child whose parent or guardian or the             SF 63
This bill prohibits abortions without the in-      person responsible for the child’s care has       This is a bill for an act relating to child en-
formed and voluntary consent of the woman          manufactured or possessed a dangerous             dangerment violations and injuries to a mi-
in question. The bill contains a laundry list      substance in a child’s presence.                  nor and providing penalties.
of specific information that must be provided
to the woman at least 24 hours in advance of       Juvenile Court Records: Child Support             Iowa Newborn Infant Surrender Act
the abortion. There is an exception for medi-      Enforcement                                       SF 355
cal emergencies. A person who knowingly            HF310                                             This bill allows a parent or a person acting
or recklessly performs or attempts to per-         See description in Family.                        on behalf of a parent, to voluntarily relin-
form an abortion in violation of the statute is                                                      quish custody of a newborn infant without
guilty of a simple misdemeanor. Vetoed by          Foster Care Requirements                          being subject to criminal prosecution for
Governor.                                          HF560                                             abandonment or neglect. The law applies to
                                                   This bill relates to child foster care regula-    children who are fourteen days or younger
Standby Adoptions                                  tory requirements administered by the de-         and who are left at an institutional health
HF 567                                             partment of human services under Code chap-       facility. Persons who assist with the relin-
See description under Juvenile.                    ter 237. The bill amends Code section 237.3       quishment of the child shall be immune from
                                                   relating to administrative rules adopted by       prosecution for abandonment and neglect
                                                   the department. Successor to HF 366.              and from civil liability for reasonable acts or
                                                                                                     omissions made in good faith.
 Iowa Bench Press                                                                                  May-June 2001 Page 9




New Legislation
Continued


The institution must notify the department       tice of appeal and trial counsel must prepare      priate. The request for a placement hearing
of human services as soon as possible. The       and file a “petition on appeal.” The pro-          must be filed within seven days of the issu-
department is required to notify the county      posed rules are posted on the Judicial Branch      ance of the order. The hearing shall be held
attorney and the juvenile court in writing       web site at www.judicial.state.ia.us. Com-         no sooner than four days and no later than
within 24 hours of taking custody of the         ments to the rules must be submitted to the        seven days after the request is filed. If a
child. The county attorney must initiate         Court on or before July 9.                         request for hearing is filed before a transfer,
CINA and termination of parental rights pro-                                                        the court shall determine where the respon-
ceedings. Either parent may intervene in the                                                        dent shall be detained until the date of the
proceedings. The court may grant custody                     TECHNOLOGY                             hearing.
of the child to a parent, if the court deter-
mines that the person is the parent of the       Information Technology Fund                        Placement orders issued by magistrates or
infant and that granting custody of the in-      HF 292                                             referees may be appealed to the district court.
fant to the parent would be in the best inter-   This bill affects the operation of the state’s     The request for appeal must be filed with the
est of the child.                                information technology department. It gives        clerk within ten days of entry of the order.
                                                 the department authority to accept dona-
A termination hearing shall be held no later     tions, gifts and contributions, to negotiate a     If a respondent appeals to the Supreme Court
than thirty days after the day the infant was    fee for the department’s proprietary software      regarding a placement order, the respondent
left at an institution. The court may con-       or hardware, and to protect the state’s pro-       shall remain in placement unless the Supreme
tinue the hearing for good cause.                prietary interests. The bill also provides that    Court orders otherwise.
                                                 moneys paid to a governmental entity by
Reasonable efforts shall be limited to the ef-   persons who complete an electronic finan-          The bill amends section 225.27 to provide
forts made in a timely manner to finalize per-   cial transaction with the governmental en-         that upon receiving notification of discharge
manency. Any records created or held in          tity by accessing IowAccess shall be trans-        from a hospital, the court shall issue an or-
connection with the matter are confidential      ferred to the treasurer of state for deposit in    der confirming the discharge and terminat-
but can be disclosed to certain persons who      the general fund.                                  ing the proceedings.
typically have access to juvenile records.
                                                 Appropriations to the ICN and Technology           Mental Health Appropriations
The court shall retain jurisdiction to change    Related Projects                                   HF 755
guardian or custodian and to allow a parent      HF 719                                             See description under Appropriations.
whose rights have been terminated to re-         See description under Appropriations.
quest the court to vacate the order or to file
an appeal. A request to vacate or an appeal                                                                  MISCELLANEOUS
of the order must be filed within thirty days             MENTAL HEALTH
of the termination order. The Supreme Court                                                         Notaries
shall adopt rules to establish the thirty-day    Placement Hearing and Order, Discharge             HF 259
period.                                          From Psychiatric Hospital                          This bill relates to the commissioning of no-
                                                 HF 727                                             taries. According to the secretary of State’s
The Act took effect on April 24.                 This bill addresses a wide range of mental         office, the bill modernizes procedures for
                                                 health issues including involuntary commit-        notarial acts and conforms the Iowa law to
Appeals From Juvenile Court                      ment placements, funding pools, county bill-       other states. The bill provides that a person
SF 392                                           ing responsibilities, and discharge or trans-      must be at least eighteen years old, and not
The Iowa Supreme Court requested this bill.      fer of patients. The bill creates a new sec-       disqualified from voting because the person
It enables the Court to expedite appeals of      tion, section 229.14B, for placement hearings.     is a felon or incompetent, to be a notary. Each
orders terminating parental rights. The Court    Section 229.13 is amended to require the           notary must acquire and use a stamp or seal.
has drafted proposed rules that affect the       court to provide notice to a respondent and        Under the current law, the stamp and seal
time and means for taking appeals in termi-      the respondent’s attorney of a placement           are optional.
nation cases. The proposed rules cut appel-      order and advise them of the respondent’s
late processing times in half for these types    right to request a placement hearing. The          Each notarial certificate must include the
of cases. A notice of appeal must be filed       purpose of the hearing is to determine if the      stamp or seal of the notary. The stamp or
within thirty days of the order. In addition,    placement or transfer of placement is appro-       seal must include: (1) the words “Notarial
the appellant must personally sign the no-
 Iowa Bench Press                                                                             May-June 2001 Page 10




New Legislation
Continued

Seal” and “Iowa;” (2) the person’s name; (3)      tion of which does not include the courts; to   court to order the department to issue a tem-
The words “Commission Number” followed            develop enterprise strategic plans that use     porary restricted license to an applicant if
by the notary’s commission number; and (4)        performance measures, data sources, and         the court determines that a temporary re-
the words “My Commission Expires” fol-            performance targets to achieve agencies         stricted license is necessary.
lowed by the expiration date or a blank line      goals. The purpose of the Act is to create a
for the date.                                     mechanism to continuously improve state         Duties of County Recorders
                                                  government by maximizing measurable re-         SF 372
For a public official, the stamp or seal must     sults for Iowans, improving decision-mak-       This bill makes numerous changes to the
include: (1) the words “Notarial Seal” and        ing at all levels of government, and enhanc-    procedures of county recorders for record-
“Iowa;” and (2) the person’s name, and the        ing government’s relationship with citizens     ing documents. It appears to be changing
title under which the person may perform          by providing the greatest possible account-     terminology in various code sections to re-
notarial acts.                                    ability to the public. Plans shall be widely    flect the use of computers by the recorders.
                                                  disseminated to the public and shall be in-
The bill goes into effect on January 1, 2002      corporated into the agency’s budget request.    Changes to IPERS
(see sections 45 and 46 of HF 755).               Agencies shall also prepare annual perfor-      SF 497
                                                  mance reports stating progress in meeting       This bill changes the organizational struc-
Workers’ Compensation and Interest on             goals.                                          ture and governance of the Iowa Public Em-
Judgments in Tort Cases                                                                           ployees’ Retirement System (IPERS).
HF 356                                            The bill also contains a new provision re-
This bill makes administrative and correc-        quiring the department of general services
tive changes to the workers’ compensation         to adopt uniform terms and conditions for                      PROBATE
law, including the provision on judicial re-      service contracts.
view. Applications for stays of agency ac-                                                        Medical Assistance Claims
tion shall be filed with district court instead   Tobacco Settlement Master Agreement             SF 354
of with Workforce Development.                    SF 146                                          This bill provides that claims for debts relat-
                                                  Amends previous legislation concerning the      ing to medical assistance payments, shall be
In addition, the bill amends section 668.13(3)    settlements or judgments against tobacco        barred unless filed with the clerk of court
regarding interest on judgments resulting         products manufacturers.                         within the later to occur of fifteen months
from tort claims. Earlier this year, the secre-                                                   after the date of the second publication of
tary of the treasury stopped issuing 52-week      Open Records Law                                the notice to creditors, or two months after
treasury bills, the rate of which determined      SF 344                                          service of notice by ordinary mail on a pre-
the interest rate for judgments in tort cases.    This bill amends Code section 22.7, which       scribed form. The bill includes the required
The bill attempts to fix the problem by stat-     lists the kinds of public records that are to   form and provisions for notice.
ing that the interest rate shall be the “trea-    be kept confidential. Communications not
sury constant maturity index published by         required by law, rule, procedure or contract    Distribution of Property by Affidavit
the Federal Reserve in the H15 Report.” This      that are made to a governmental body from       SF 523
may cause some confusion because the ma-          someone outside of government are confi-        This bill amends the criteria that determine
turity index in the H15 Report contains a long    dential. However, the amendment provides        whether or not a decedent’s property can be
list of different maturity rates. This section    that persons or employees who communi-          distributed by affidavit. The bill increases
took effect on April 26 and was retroactive       cate with respect to a consulting or contrac-   the maximum amount of the gross value of
to February 28, 2001. The state court             tual relationship with a governmental body      personal property of a decedent, from $10,000
administrator’s office is still posting the T-    are not considered “persons outside of gov-     to $25,000. The bill also amends the criteria
bill rate issued on March 15, 2001. There         ernment.”                                       for real property owned by the decedent.
may be an effort to correct the matter during                                                     Presently, the procedure requires any real
the special session of the legislature sched-     Temporary Restricted License                    property of the decedent to pass to a sur-
uled for June 19.                                 SF 350                                          viving spouse as a joint tenant. The bill ex-
                                                  This bill contains a number of changes con-     pands that criteria so that the procedure kicks
Accountable Government Act                        cerning the driver’s licenses, permits and      in if real property passes to “persons exempt
HF 687                                            other issues involving the department of        from inheritance tax pursuant to section
This bill requires state agencies, the defini-    transportation. Section 9 of the bill amends    450.9” as joint tenants. This definition would
                                                  section 321.215(2)(d) to require the district   include persons such as surviving spouses,
 Iowa Bench Press                                                                                    May-June 2001 Page 11




New Legislation
Continued

parents, grandparents, children, and other        providing coordinating amendments. How-             reopen a criminal sentence subject to the
lineal descendants. The amendment applies         ever, earlier versions of the bill included a       85% rule, upon the motion of the parole
to estates of decedents dying on or after         provision that would merge FED actions with         board and the department of corrections.
July 1, 2001.                                     actions for rent. These provisions were de-
                                                  leted from the bill. Another bill, SF 482, which    Qualifications and Duties of Clerks of
                                                  was not approved by the legislature, would          Court
 Bills or Amendments that Failed                  have allowed a person to bring an FED ac-           SF 417
                                                  tion in small claims court for default on a         A bill related to the qualifications and
Appointment of Acting County Attorney             contract for deed.                                  duties of the clerk of court. Among other
HF 218                                                                                                things, the bill allowed delivery by regular
Last year, the judicial branch requested a bill   Official English                                    mail for orders regarding reconsideration
that took judges out of the business of ap-       SF 165                                              of sentences; established a fixed fee for
pointing an acting county attorney. This          This bill would designate English as the            postage costs for small claims cases.
bill would have reversed the change. It was       state’s official language.
requested by the attorney general’s office.                                                           Protection Against Domestic Abuse for
                                                  Confidentiality of Domestic Abuse Records           People in Intimate Relationships
Domestic Abuse in the Presence of a Child         SF 241                                              SF 419
HF 244                                            This bill had two purposes. First, it would         This bill would have broadened the scope
This bill would have created criminal penal-      have made real estate records that identify         of chapter 236 to enable protection from
ties for a domestic abuse assault that occurs     the location of an emergency shelter, confi-        domestic abuse for persons in an intimate
in the presence of a child.                       dential records under chapter 22. Second, it        relationship who have not lived together.
                                                  would have made a domestic abuse court
Qualifications and Duties of Clerks of Court      file confidential except to the court and its       Jurisdiction in Criminal Forfeiture
HF 519                                            officers. In addition, the file would be sealed     SF 485
This bill contained a number of changes re-       by order of the court after the case was com-       This bill would authorize magistrates and
quested by the clerks’ association that would     plete. There was a provision to open the file       district associate judges to exercise
have streamlined certain procedures and           for good cause shown.                               jurisdiction in criminal forfeiture proceed-
eliminated some others that are obsolete. The                                                         ings if the value of one’s interest in the
bill also included a provision that would have    Covenant Marriages                                  property was less than $5000.
eliminated the county residency requirement       SF 353
for clerks of court, a provision that was rec-    This was a bill for an act establishing cov-
ommended by the Supreme Court. The bill           enant marriages and providing an effective
passed the House but died in the Senate for       date. Would have created a new class of
lack of support on the residency issue and a      marriage that contains further restrictions on
change in the manner of charging for post-        dissolutions.
age for serving small claims petitions.
                                                  Immobilization of Vehicle for Nonpayment
Jurisdiction of DAJs                              of Child Support
HF 614                                            SF 399
This bill would have expanded the jurisdic-       This was a bill for an act relating to the
tion of DAJs to include jurisdiction in crimi-    immobilization of the motor vehicle of a
nal cases for felony eluding or for attempt-      child support obligor for failure to pay
ing to elude a law enforcement officer. An-       delinquent support. Also required the
other bill, SF 415, would have expanded the       Department of Human Services to provide
jurisdiction of DAJs to include felony ar-        an annual report on the use and results of
raignments.                                       these provisions.

Forcible Entry and Detainer                       Reopening Criminal Sentences
HF 656                                            SF 413
This bill relates to the licensing and regula-    This bill would have allowed the court to
tion of manufactured or mobile homes and
 Iowa Bench Press                                                                            May-June 2001 Page 12



Judge Owens Honored by National CASA


A
         ssociate Juvenile Judge William    ensure that children are served in a timely        According to Goodman, Judge Owens
         Owens, District Eight, was a       manner and that they receive legal                 participates in all the pre-service trainings,
         finalist for the 2001                                          representation         swearing-in ceremonies, and recognition
National CASA Judge of the                                              that they              events, he allows CASA volunteers to
Year award.                                                             deserve,” wrote        address the court, and he is expresses
                                                                        Aprile                 appreciation to the volunteers for their
The award recognizes leader-                                            Goodman,               efforts.
ship and innovation in promot-                                          CASA coordi-
ing CASA, significant contribu-                                         nator for              Judge Owens has long been interested in
tions toward advancing                                                  Wapello                juvenile issues. He served as co-chair of
children’s issues, and excep-                                           County, who            the Iowa State Bar Association Juvenile
tional leadership in furthering                                         nominated              Law Committee from 1995 to 1997; chair of
consistent quality representa-                                          Owens for the          the Iowa County Attorneys Association
tion of children.                                                       award. “His            Juvenile Justice Committee from 1993 to
                                                                        orders appoint-        1998; and as a member of the Iowa
Owens has served as an                                                  ing a child’s          Attorney General’s Task Force on Juvenile
associate juvenile judge since                                          guardian ad            Justice from 1994 to 1998.
1999. “As the newly appointed                                           litem specify
juvenile judge, Judge Owens                                             the duties of
immediately implemented              Associate Juvenile Judge           the guardian.”
several new procedures to            William Owens



Sioux City Optimist Club Honors
Drug Court Volunteers

T
       he Sioux City Optimist Club           The judges preside in panels of three over
       honored more than thirty volun-       status hearings for those committed to
       teers who act as judges for the       drug court by traditional courts. Each
Woodbury County Community Drug               volunteer serves one Wednesday evening
Court. The volunteers were recognized at     a month from 5:30 pm to 10:30 pm as a
a ceremony held on May 10, 2001 at the       panel member. Since the court’s inception,
Sioux City Convention Center. Dr. David G.   panels have held over 1300 hearings.
Paulsrud and Karen Shaw accepted the
award on behalf of all the volunteers.       Court officials feel that this approach
                                             saves tax dollars more effectively than
The Woodbury County Community Drug           traditional methods. The average cost per
Court, established in July, 1999, is a       offender is around $4900 as compared to a
progressive approach to dealing with         90- day residential stay of nearly $15,000.
convicted, substance dependent adults
and juveniles. The community drug court      “The Community Judges deserve consid-
addresses the social dilemma of substance    erable recognition for their dedication and
abuse in the community.                      accomplishments,” said Gary Niles, Acting
                                             Chief Juvenile Court Officer, Third District.
Judges of the court are trained volunteers   “Through the Community Drug Court,
who are sworn to be “Community Judges.”      citizens have another avenue for justice
                                             system participation.”
                                                                                             Dr. David G. Paulsrud and Karen Shaw
                                                                                             accepting the award honoring volunteers
 Iowa Bench Press                                                                                 May-June 2001 Page 13



Judicial Branch Seeking Nominees
for 2001 Awards Program

T
        he Iowa Judicial Branch is accept-        a person who has made significant
       ing nominations for its annual             contributions to the administration of
                                                                                                    IOWA JUDICIAL BRANCH
       awards program. The program was            justice or has contributed substantially to
established to recognize exemplary public         building public support for the Iowa              2000 Award Winners
service by court personnel and to ac-             Judicial Branch.
knowledge outstanding contributions to                                                              Distinguished Service Award
the administration of justice by persons          Anyone may nominate a candidate for an            Bert Aunan, Des Moines
outside the court system.                         award. Nominations must be submitted on
                                                  the official program forms or in a format         Meritorious Service Award
The Distinguished Service Award will be           that is substantially similar to the forms.       Magistrate Richard Hunt
given to a court employee who has at least        Nominations must be received by August            Diane Meuller
ten years of service in the court system,         15.                                               Debra Shields
has exemplified a sustained level of                                                                Gary Niles
exceptional service to the courts, has            A committee of the Judicial Council,              Janet Harris
demonstrated a strong commitment to               chaired by the Sixth District Court Admin-
public service, and has continuously              istrator Carroll Edmondson will screen the        Court Innovation Award
initiated efforts to improve the administra-      nominations and choose finalists for the          Polk County Criminal Justice Information
tion of justice in Iowa.                          awards. The Judicial Council will select          Network (CJIN)
                                                  the award winners.
The Meritorious Service Award will be                                                               Amicus Curiae Award
given to five recipients. One award will be       Copies of the nomination form can be              Darrell Doss, Davenport
made to a person in each of the following         obtained from any clerk of court or from
groups: (1) a part-time judicial officer, (2) a   Cheryl Thrailkill with the state court
clerk of court or employees of a clerk’s          administrator’s office. Completed nomina-
office, (3) a non-judicial employee of            tion forms must be sent to Cheryl Thrailkill,
juvenile court services, (4) a court reporter,    State Court Administration, State Capitol         1999 Award Winners
and (5) an administrative employee at the         Building, Des Moines, Iowa 50319, fax
state or district level. This award will be       number 515-242-0014, e-mail                       Distinguished Service Award
given to a person who has served at least         Cheryl.L.Thrailkill@jb.state.ia.us or             Ronald Branam, Des Moines
five years with the court system, has             telephone 515-281-6268.
maintained a consistent level of superior                                                           Meritorious Service Award
service to the public and to the courts, and                                                        Magistrate G. Elizabeth Otte, Glenwood
has significantly improved court services                                                           Fred Nydle, Ottumwa
at the local, district or state level.                                                              Kevin Skellenger, Des Moines
                                                                                                    Craig Jorgensen, Sioux City
The Court Innovation Award was estab-                                                               Dianne Head, Council Bluffs
lished to recognize a person or group of
persons who has demonstrated leadership                                                             Court Innovation Award
in the development and implementation of                                                            Judge Nancy Baumgartner
an innovative program or process that has                                                           Judge Michael Newmeister
improved the delivery of court services,                                                            Judge Robert Sosalla, and
public access to the courts, the administra-                                                        Judge Jane Spande, Linn County
tion of justice, and who has worked
cooperatively with other courts seeking to                                                          Amicus Curiae Award
implement the program or process.                                                                   John A. McClintock, Des Moines

One of the awards, the Amicus Curiae
Award, was established to recognize the
efforts of presons who do not work for the
court system. This award will be given to
 Iowa Bench Press                                                                         May-June 2001 Page 14


  Recent Iowa Criminal Decisions
  By Ann E. Brenden



                                                                                              only means of communication for a defen-
                                                             April 2001                       dant and his attorney, any deficient conduct
                                                                                              on the part of the intermediary can be im-
                                                                                              puted to the attorney as ineffective assis-
                                            Ledezma v. State, 626 N.W.2d 134 (Sup. Ct.        tance.” Interpreters who abuse their pow-
                                            No. 99-1019) (Iowa 4/25/2001). [1] Ineffec-       ers as officers of the court by acting outside
                                            tive assistance: failure to investigate.          the scope of duties (falsely holding oneself
                                            Counsel was ineffective in failing to investi-    out to be a licensed private investigator, ac-
                                            gate “the only reasonable and realistic de-       cepting money to investigate a case in which
                                            fense” available to defendant. Urging that        he was serving as an interpreter, interfering
                                            the victim consented to sexual intercourse        with the attorney-client relationship and pro-
                                            with defendant, counsel failed to interview       viding extensive legal advice) “may, in es-
                                            potential witnesses regarding why the al-         sence, deprive defendants of their constitu-
                                            leged victim left a bar with the three men        tional right to an interpreter” without which
                                            who were later charged with sexual abuse,         defendants will be unable to adequately con-
                                            and failed to interview a store clerk who might   front witnesses or present a defense. [5]
                                            have been able to testify as to the absence       Vienna convention: effect of failing to in-
                                            of unusual activity between the alleged vic-      form a foreign national of his right to con-
Ann Brenden, Assistant Attorney             tim and defendant while the car was parked        sular access. While not deciding whether
General, is the Editor of the Iowa Crimi-   outside the store. [2] Ineffective assis-         counsel’s failure to inform an arrested for-
nal Law Handbook (2d ed. 1994). Ann’s       tance: advising defendant not to testify.         eign national of the right to consular access
synopses of the cases are also              Counsel was ineffective in advising defen-        constitutes ineffective assistance, the court
contained on the Iowa County Attorney       dant not to testify based on last-minute in-      instructs that “all criminal defense attorneys
Association’s web site. They can be         formation that he believed (but on which he       representing foreign nationals should be
searched both chronologically and by        did not gather all the necessary facts) incul-    apprised of Article 36, and should advise their
subject at www.iowa-icaa.com                pated defendant; and in giving this advice        clients of this right.”
                                            without informing the defendant of the con-
                                            sequences of his failure to testify. [3] Inef-    State v. Speicher, 625 N.W.2d 738 (Sup.
                                            fective assistance of counsel: prejudice          Ct. No. 99-1931) (Iowa 4/25/2001).
                                            standard. One claiming ineffective assis-         Conspiracy to manufacture methamphet-
                                            tance of counsel must prove by a prepon-          amine: insufficient evidence. Insufficient
                                            derance of the evidence that there is a rea-      evidence existed regarding an “agreement”
                                            sonable probability that the result of trial      between defendant and another man
                                            would have been different but for counsel’s       whose garage served as a methamphet-
                                            errors. “Result” refers to the decision ren-      amine lab, where both were seen at the
                                            dered. Inquiry into the “fundamental fair-        garage and fled upon spotting the police.
                                            ness of the proceedings” is not the govern-       The other man, who owned the garage
                                            ing inquiry but is used in unique situations      serving as the meth lab, gave his consent
                                            where a defendant “attempts to demonstrate        to search and told police “I was manufac-
                                            prejudice by urging considerations that do        turing the meth for my own use.” Only
                                            not deprive the defendant of substantive or       one air filtration mask and one pair of
                                            procedural rights recognized under the law.”      gloves were found. The only indication of
                                            [4] Ineffective assistance of interpreter.        defendant’s involvement, being present
                                            Although not deciding the case on this point,     and fleeing police, did not provide
                                            the court recognizes the possibility of inef-     substantial evidence of defendant’s
                                            fective assistance of counsel by virtue of an     agreement to participate in the manufactur-
                                            interpreter’s improper actions. “When an          ing process.
                                            intermediary, such as an interpreter, is the
 Iowa Bench Press                                                                              May-June 2001 Page 15




                                                 OWI — inevitable discovery not avail-          but the first prong was not: the declarant’s
             May 2001 Cases                      able to cure implied consent invocation        motive must be consistent with the
                                                 problem. When reasonable grounds did           purposes of promoting effective treatment
                                                 not exist to believe defendant was intoxi-     or diagnosis. It is possible for such
State v. Anspach, ___ N.W.2d ___ (Sup.           cated when a blood sample was taken            statements made by a third person to be
Ct. No. 00-0304) (Iowa 5/31/2001). [1]           pursuant to implied consent law, the           admissible under this rule, but the state-
Child endangerment: vagueness —                  “inevitable discovery” doctrine would not      ment has to be motivated by the
“substantial risk.” The phrase “substan-         cure or excuse the error when reasonable       declarant’s desire to obtain effective
tial risk” gives fair warning to those who       grounds developed later. “[T]he existence      treatment or diagnosis for another. When,
fall in that category. In the context of the     of reasonable grounds is a condition           (as here) that motivation is absent, the
child endangerment statute, it means “[t]he      precedent to imposition of implied con-        statements are inadmissible. Furthermore,
very real possibility of danger to a child’s     sent.”                                         the presumption of prejudice was not
physical health or safety.” This language                                                       rebutted where the victim’s statement
is sufficient to alert the average person        State v. Kubit, ___ N.W.2d ___ (Sup. Ct.       concerning defendant’s possible intention
that the following (defendant’s) acts are        No. 99-1213) (Iowa 5/31/2001). Arrest          to fake a mental condition “went to the
prohibited: driving a pickup with four           warrant—limitations on accompanying            heart of his only defense—diminished
small children in the cab, (two belted in        right to enter home to execute. “When a        capacity. . . .” so as to required reversal.
with one seatbelt, one lying on the floor        suspect attempts to comply with the
and the fourth completely unrestrained)          demands of police and exits her home,          State v. Reinier, ___ N.W.2d ___ (Sup. Ct.
nearly 20 mph over the speed limit, trying       police may not force her back inside to        No. 99-1963) (5/31/2001). Consent
to outrun the police and finally screeching      make the arrest. The arrest warrant does       searches: validity of consent (“knock
to a halt leaving 30-foot skid marks. [2]        provide authority to enter when the            and talk”). When consent to search is
Child endangerment: sufficient evidence          provisions of section 804.15 are met.          obtained as a result of police practice of
of substantial risk. “[W]hen evidence of         However, compliance by the suspect             knocking on defendant’s door and asking
the failure to properly secure young             destroys this authority unless exigent         to talk, “the validity of the encounter
children in safety belts is combined with        circumstances exist or some other excep-       ultimately hinges on the voluntariness of
evidence of [defendant’s] driving conduct,       tion applies.” In other words, “where. . .     the consent given.” Initial entry onto
sufficient evidence of child endangerment        there is no impediment to making an arrest     defendant’s porch was not deemed
exists.” [3] “Control” over a child—             in a doorway, . . . the officers may not       consensual, given State’s burden to prove
dangerous driving by defendant who is            intrude into the house over the objection      consent, where the evidence was insuffi-
not parent or guardian. The child                of the arrestee, simply to complete            cient to objectively show defendant
endangerment statute is not limited to           effectuation of the arrest and put the         consented by opening the door to their
those with custody over a child. Those           officers into a position where they can        entry. This in turn affected the validity of
with “control” over the child are also           more fully observe the interior of the         defendant’s subsequent consent to
included. The driver of a pickup truck has       premises . . . absent any other reasonable     search, as the illegal entry implied author-
“control over the instrumentality contrib-       justification for the entry.” State v.         ity to enter the home. The officers’
uting to the risk to the children in the         Peterson, 700 P.2d 85, 87 (Idaho Ct. App.      explanation (that they preferred to investi-
truck” such that the word “control . . .         1985).                                         gate drug complaints by looking around
applies to a person who has the ability to                                                      instead of obtaining a warrant) implied that
                                                 State v. Long, ___ N.W.2d ___ (Sup. Ct.        the search was an authorized part of a
control the risk that the statute prohib-
                                                 No. 97-1165) (5/31/2001). Hearsay              normal investigative encounter. In
its.” [NOTE: The statute has been
                                                 exception: statements for purpose of           addition, the officers told defendant that
amended to specifically include the phrase,
                                                 medical diagnosis or treatment made by         they were not looking for small quantities
“For the purpose of subsection 1, ‘person
                                                 third person. Trial court erred in admit-      of drugs, but rather “meth labs” and
having control over a child or a minor’
                                                 ting murder victim’s statement to a            “major dealers,” tending to create a false
means . . . [a] person who operates a motor
                                                 psychiatric social worker, that defendant      belief that no adverse consequences
vehicle with a child . . . or minor present in
                                                 had been coached to fake a mental
the vehicle.” S.F. 63, 79th G.A. sec. 4 (Iowa
                                                 condition. The second prong for admit-                             Continued on page 21
2001)].
                                                 ting the deceased’s statement was met (the
                                                 content was such as is reasonably relied
State v. Christianson, ___ N.W.2d ___
                                                 on by physician in treatment or diagnosis),
(Sup. Ct. No. 99-2034) (Iowa 5/31/2001).
 Iowa Bench Press                                                                      May-June 2001 Page 16




                                            New Faces
  Supreme Court: Lindsey McGraw, Des       District 5: Mary Clifford, Melissa             District 6: Todd Burington, Cedar
  Moines, Appellate Court Clerk.           Bozeman, Duane Broyles, John                   Rapids, Maggie Lamm, Iowa City,
                                           Cramblit, Tiffany Dawson, Tanisha              Judicial Clerks; Terrance Campbell,
  Court of Appeals: Kyle Murray, Des       McGuire, Dani Ragsdale, Katrina                Cedar Rapids, JCO.
  Moines, Law Clerk.                       Rodriguez, Cynthia Speicher, Christina
                                           Wagner, Des Moines, Shelley Button,
  District 1: Shameena Garcia, Water-      Adel, Judicial Clerks; Darcy Mettler, Des      District 8: Jackie Smothers,
  loo, Law Clerk.                          Moines, Lisa Barnes, Jean Kaldenberg,          Burlington, Jennifer Van Zane,
                                           Des Moines, Court Attendant; Janice            Oskaloosa, Brenda Smith, Ottumwa.
  District 3: Sherri Strom, Sioux City,    Rouse, Des Moines, Administrative
  Juvenile Court Technicians; Don E.       Secretary; Jeff Lipman, Des Moines,
  Courtney, Algona, District Court         Magistrate.
  Judge.




  Milestones: Service Anniversaries
              25 Years                                  30 Years
Barbara Schuerman, Juvenile Court         Mary Iliff, Judicial Clerk, Polk County.
Technician, Sioux County.

Jane Lamp, Clerk of Court, Cass County.

Robert Thorson, Juvenile Court Officer,
Story County.
 Iowa Bench Press                                                                           May-June 2001 Page 17




                                   Judicial Branch Spotlight
                District 3 Court Administration Office




                                                                                                 Send us a photograph of your
                                                                                                 office and we’ll be happy to
                                                                                                 include it in the Bench Press.




                    District Court Administrator’s Office in Sioux City
Standing, left to right: Debbie Schmith, Accountant/Auditor, Leesa McNeil, District
Court Administrator, Kathy Heibel, Case Coordinator, Jeannie French, Administrative
Secretary, Staci Maxfield, Case Coordinator, Pam Calhoun, Assistant Court Administrator..
Seated, left to right: Judy Mosier, Case Coordinator, Phyllis Woll, Finance and
Personnel Manager..




Collective Bargaining Agreement


                                                                            State court officials and representatives of AFSCME Council
                                                                            61 signed the collective bargaining agreement June 13, 2001.
                                                                            Back row (left to right): Donna McElwee, AFSCME Bargain-
                                                                            ing Team, Local 3013/5th Judicial District; Bill Snyder,
                                                                            Director of Human Resources; Jim Riordan, Public Employ-
                                                                            ment Relations Board; Jan Corderman, President, AFSCME
                                                                            council 61; Bill O’Brien, State Court Administrator; Mike
                                                                            Campbell, Deputy Director, AFSCME Council 61; Susan
                                                                            Bolte, Public Employment Relations Board. Front row (left
                                                                            to right): David Boyd, Deputy State Court Administrator;
                                                                            Carolee Philpott, Chair, AFSCME Bargaining Team, Local
                                                                            3004/2nd Judicial District; (seated) Paula Martinez, AFSCME
                                                                            Bargaining Team, Local 3013/5th Judicial District; and Bonnie
                                                                            Eggers, AFSCME Bargaining Team, Local 3018/8th Judicial
                                                                            District.
 Iowa Bench Press                                                                            May-June 2001 Page 18



Conference Gives Judges Special Insight Into
Sexual Violence

J
     udges, educators, jurors, and domes-      Domestic Abuse Coordinator, Judicial            states this year to receive federal funding
     tic violence advocates gathered in        Branch, who served on panels and                for a sexual violence conference.
     Des Moines in April for a special         provided information about resources.
education program about sexual assault.
The National Judicial Education Program        Program participants heard some troubling
to Promote Equality for women and Men in       statistics. For instance, 78 rapes occur in
the Courts sponsored the program, which        America every hour, 75% of the victims
was funded by a federal grant.                 were assaulted by someone they knew, 3.8
                                               million American women have had rape-
The program offered judges a unique            related posttraumatic stress disorder. In
opportunity to hear the views of jurors        Iowa, there were 818 victims of forcible
who had served in sexual assault cases. A      rape reported to Iowa law enforcement
panel of six Iowa jurors discussed the
factors that persuaded them to decide
whether or not a defendant was guilty.
The panel also answered questions posed
by conference attendees.

In addition to the panel, the program
covered victim impact and resources,
neurobiology of trauma, legal and eviden-
tiary issues, sex offender characteristics,
and treatment and sentencing. The faculty
included two national speakers—Professor
Vernonica Ryback, Harvard Medical
School and Director, Rape Crisis Interven-
tion Program, Beth Israel Deaconess
Medical Center and Professor David Lisak,
Psychology Department, University of
Massachusetts and Director, Men’s Sexual
Trauma Research Project and five Iowa
judges—Michael Streit, Court of Appeals,
Bobbi Alpers, Seventh Judicial District,
Larry Eisenhauer and Linda Reade, Fifth
District, and Michael Walsh, Third District.   Professor Vernonica Ryback, Harvard Medical School and Professor David Lisak,
                                               Psychology Department, University of Massachusetts
“The conference was quite good,” said
District Court Judge Eliza Ovrom. “ Dr.
Lisak’s research and experience were           agencies in 1999, the most common victim
fascinating. I also found the panel            was 15 years of age; the most common
discussion by former jurors quite interest-    perpetrators were males aged 21-29, two -
ing.”                                          thirds of the victims knew their attacker,
                                               and 70% of the assaults occurred at a
The program also involved representatives      residence.
from Iowa Department of Corrections, the
Crime Victim Assistance Program, Iowa          The program was two days. Five Michi-
Department of Justice, the Iowa Coalition      gan judges and two education specialists
Against Sexual Violence, the Iowa Depart-      attended the program. They will coordi-
ment of Public Health, a sexual assault        nate a similar program for the Michigan
nurse examiner, and Jennifer Juhler,           judiciary. Iowa and Michigan are the only
 Iowa Bench Press                                                                      May-June 2001 Page 19



Linn County Law Day Celebration


I
    n celebration of Law Day 2001, the Linn
    County Bar Association sponsored a
    juvenile court open house at the Linn
County Courthouse on May 8. The
program showcased the Community
Partnerships for Protecting Children
program. Cedar Rapids is one of four pilot
project sites nationally for this program.
Over twenty local youth service agencies
affiliated with the project participated in
the open house. The agencies set up
informational booths in the courthouse
and agency representatives were available
to answer questions.

The program included remarks from Chief
Judge David Remley, Juvenile Court Judge
Susan Flaherty, Susan O’Toole, Coordina-
tor of the Partnership for Safe Families              Linn County Courthouse, Cedar Rapids, was site of juvenile court
program, and Karen Johnson, a supervisor              open house
with the Department of Human Services.




Their Day (Care) in Court




 Chief Justice Lavorato visits with a group from Altoona
 Kids World as they toured the capitol. The kids took turns
 sitting at the bench as they listened to the Chief talk about
 the Court.
 Iowa Bench Press                                                                              May-June 2001 Page 20



A Fresh Look and New Features for
the Judicial Branch Website
www.judicial.state.ia.us was recently          ions only. The improved search tool               guide for staff who assist with pro se
revamped to make it easier to use and more     eliminates the problem of trying to weed          litigants.
helpful. Here’s a summary of the some of       through dozens of hits that come up on a
the changes, but check them out for            full site search.                                 n Copies of the Iowa Bench Press will
yourself.                                                                                        be posted on the site under “Administra-
                                               n     Users can now subscribe to a service        tion.”
n    The front page now features recent        that notifies them of recent opinion filings,
announcements, a feature photo
and a weekly survey button.

n The “What’s New” feature
will highlight recent news and
features added to the site.

n     The front-page photograph
will be changed regularly to
show court scenes from around
the state. Court staff and judges
are welcome to submit photo-
graphs of special events or that
depict a day in the life of the
court system.

n     The survey button links to
a weekly survey question that
seeks users’ opinions about the
courts and about the website.
This is not a scientific survey
but we hope it will generate
some interest.

n The site is easier to
navigate with the help of a “pop-
up” menu. This tool reduces the number         news releases, or court rules. Subscribers        Cheryl Thrailkill, Adminstrative Secretary
of clicks it takes to get into the site. Put   will receive an e-mail notice of the              (SCA), Brent Hinson, Intern (SCA), and
your mouse over any of the main headings       postings.                                         Rebecca Colton, Executive Assistant to the
on the left side to see results.                                                                 Chief Justice, worked on the changes.
                                               n The website features a new section              They received many ideas from judges and
n There is also a left bar “Quick Links”       for students and teachers. A subcommit-           staff. More changes are ahead as the
list for faster access to popular sections.    tee of the Court’s Public Education and           group continues to improve the site.
                                               Media Relations Committee developed the
n The new “Orders, Etc.” section will          content. It is designed to be a useful
contain copies of recent reports, orders       resource to teachers and middle school to
issued by the Iowa Supreme Court of            high school aged children.
statewide interest, and requests for
proposals (RFPs).                              n     The “Frequently Asked Questions”
                                               section was beefed up to offer more
n    The search tool has been refined to       information on court procedures. Much of
help people who are searching for opin-        the new information comes from the new
 Iowa Bench Press                                                                               May-June 2001 Page 21




Criminal Update
                  Continued from page 15


would result absent those revelations.         not have mental illnesses that predispose            United States Supreme Court Cases
While there were facts tending to support      them to commit sexually violent acts, and                     Criminal Cases
voluntariness, the court concluded that        they do not have the same specialized
the State failed to establish the consent to   treatment needs as sexually violent
                                                                                                               April 2001
search was voluntary.                          predators. These factors justify the
                                               different classification and treatment. [2]       Atwater v. City of Lago Vista, 532 U.S.
State v. Wells, ___ N.W.2d ___ (Sup. Ct.       Jury size: trials for sexually violent            ___ (S. Ct. No. 99-1408) (U.S. 4/24/
No. 00-0324) (5/31/2001). [1] Livestock        predators. Sexually violent predator              2001). Warrantless arrests for minor
neglect: multiple charges. The livestock       statute (chapter 229A) is a civil statute; the    traffic violations do not violate
neglect statute specifically prohibits         Iowa Rules of Civil Procedure govern its          Fourth Amendment. The Fourth
bringing multiple serious misdemeanor          proceedings, and no error is committed by         Amendment does not forbid a warrant-
charges of livestock neglect when the          seating an 8-person jury for trial. [3] Jury      less arrest for a minor criminal offense
charges stem from the same uninterrupted       trials: unanimity requirement. Iowa               such as a misdemeanor seatbelt
period of neglect. Iowa Code sec. 717.2(2)     Code section 229A.7(3) requires the jury          violation punishable only by a fine.
(1997). As such, defendant’s conviction        be unanimous in finding defendant to be a         The Supreme Court refuses to place
for two counts based on the deaths of two      sexually violent predator. Rule of Civil          limitations on the nature or severity of
horses from neglect occurring during an        Procedure 203(a) authorizing non-unani-           the underlying offense in determining
uninterrupted period of neglect could not      mous decisions does not apply, nor is a           the propriety of warrantless arrest
stand; defendant could be subjected to         defendant entitled to discharge if unanim-        upon probable cause.
prosecution for only one count. [2]            ity cannot be reached. “If the jury cannot
Search warrants: probable cause.               return a unanimous verdict, the court must        Texas v. Cobb, 532 U.S. ___ (S. Ct. No.
Probable cause existed to support search       discharge the jury and order a new trial.”        99-1702) (U.S. 4/2/2001). Right to
warrant upon officer’s description of dead     [4] Sexually violent predators: evidence          counsel—questioning a charged
horses accompanied by his belief, based        of prior offenses. Trial court properly           suspect about a difference offense. A
on experience with dead animals, that          balanced both defendant’s and State’s             defendant’s statements regarding
horses had possibly died from starvation.      interests, in allowing evidence of prior          offenses for which he has not been
[3] Photographic evidence: admissibility.      sexual abuse convictions but not through          charged are admissible notwithstand-
Photos of dead horses and property where       victim testimony. [5] Sexually violent            ing the attachment of the Sixth
they were found were relevant, and court       predators: rebuttal testimony by victims.         Amendment right to counsel on other
alleviated potential prejudice by excluding    No abuse of discretion in allowing the            charged offenses. Questioning on the
those that displayed severe decomposition      State to produce evidence from now-               uncharged offense must relate to a
and consumption by scavengers. [4]             grown children whom defendant sexually            different offense than the charged
Preservation of error: jury misconduct.        abused in 1983, after defendant denied            offense but not necessarily one based
Defendant failed to preserve error on claim    having had sexual contact with them. [6]          on different facts. The determination
that jury misconduct (communication)           Sexually violent predators: “likelihood”          of whether the uncharged offense is
occurred prior to closing arguments by         standard. Trial court correctly instructed        different from the charged offense
failing to raise the issue until after the     the jury on the required standard of              rests on whether the uncharged
verdict was rendered.                          likelihood that defendant would engage in         offense is the “same offense” under
                                               predatory acts of sexual violence in the          Blockburger v. United States, 284 U.S.
State v. Williams, ___ N.W.2d ___ (Sup.        future: “more likely than not,” as opposed        299, 304. As such, when the 6th
Ct. No. 99-2055) (5/31/2001). [1]              to defendant’s proffered version, “highly         Amendment right to counsel attaches,
Sexually violent predators—equal               likely.” [7] Sexually violent predators:          it encompasses offenses that, even if
protection challenge. Rational basis test      instructing the jury on alternative               not formally charged, would be
applies to determination of equal protec-      remedies. “The ‘secure facility’ issue is         considered the same offense under the
tion challenge by sexually violent predator    part and parcel of the SVP finding under          Blockburger test.
viz other violent offenders with antisocial    the statute, not a separate issue addressed
disorders. In turn, performance of that test   after determining the respondent is a
reveals a legislative scheme rationally        sexually violent predator.” Likewise, the
related to a legitimate state interest.        State need not provide beyond a reason-                               Continued on page 22
Persons committed under chapter 229 do         able doubt that no less-restrictive alterna-
                                               tive facilities are available.
 Iowa Bench Press                                                                          May-June 2001 Page 22




Criminal Update
                  Continued from page 21

          June, 2001 cases                     ter Bozeman was taken back to Alabama
                                               and tried and convicted on the Alabama
                                               charges. Bozeman sought dismissal of the
                                               Alabama charges, arguing that when
Kyllo v. United States, ___ U.S. ___           Alabama returned him to the Florida
(Sup. Ct. No. 99-8508) (U.S. 6/11/             federal prison after his Alabama court
2001). Search and seizure—search               appearance, the state had violated the
warrant based in part on results of            Interstate Agreement on Detainers
scan by thermal imaging device used            Compact. (Iowa is a part of the Compact,
of private residence. Police suspected         and the United States is considered a
defendant of growing marijuana in his          “state” for purposes of the Compact. See
home. To determine whether heat was            Iowa Code section 821.1, Article II, a.) The
emanating from the home consistent             Compact requires that once a person is
with a marijuana growing operation,            brought into a “receiving state” like
police used a thermal imager to “scan”         Alabama, the person cannot be returned to
the home. A thermal imager detects             a “sending state” (like the federal prison in
radiation that is not visible to the           Florida) until the receiving state’s trial is
naked eye. From this scan, officers            completed. See Iowa Code section 821.1,
concluded that defendant was using             Article IV, e. If this provision of the
halide lights to grow marijuana in his         Compact is not honored, the receiving
house. A warrant was issued based on           state’s charges “shall not be of any further
this and other information and the             force or effect, and the court shall enter an
indoor growing operation involving             order dismissing the same with prejudice.”
more than 100 plants was uncovered.            Id. The trial court denied Bozeman’s
The question was whether the use of            motion to dismiss, but the Alabama
this device constituted a “search.”            Supreme Court reversed the trial court and
The Supreme Court held that it was.            ordered dismissal of the Alabama charges.
“Where, as here, the Government uses           Alabama petitioned for certiorari.
a device that is not in general public
use, to explore details of the home that       The Supreme Court affirmed. By returning
would previously have been unknow-             Bozeman to Florida after a one-day trip to
able without physical intrusion, the           Alabama, the state triggered the manda-
surveillance is a ‘search’ and is              tory dismissal language of the Compact.
presumptively unreasonable without a           This one-day trip was neither a “technical”
warrant.” The case was remanded to             nor a “de minimus” violation of the
determine whether the warrant was              Compact. The language of the Compact
supported by probable cause absent             does not allow for “technical” violations
the scan results.                              (“the court shall enter an order dismissing.
                                               . .”) (see Iowa Code section 821.1, Article
Alabama v. Bozeman, _ U.S. _, (Sup. Ct.        IV, e, emphasis supplied.) In addition,
No. 99-8508) (U.S. 6/11/2001). Manda-          once a person has been transferred to a
tory dismissal language of Interstate          receiving state to answer its charges, the
Agreement on Detainers Compact.                receiving state is to be responsible for all
Bozeman, a federal prisoner was serving        costs of incarceration pending completion
his sentence in a federal prison in Florida.   of its criminal action. The language in the
An Alabama prosecutor filed state charges      Compact which forbids the “shuttling” of
against Bozeman, who was taken to              prisoners from State to State may provide
Alabama for one day, to be arraigned on        “an incentive to shorten the pretrial
the charges and to have counsel ap-            period-to proceed to trial faster than 120
pointed. Bozeman was then returned to          days or not to seek extensions” and
the Florida federal prison. Shortly thereaf-   dispose of detainers promptly.
 Iowa Bench Press                                                                              May-June 2001 Page 23




Court Announces IOLTA Grant Awards


T
        he Iowa Supreme Court awarded          program supports free legal assistance for       Program, Inc., Davenport — $164,920.
        more than $1 million in grants to      low-income litigants involved in civil cases     HELP’s mission is to deliver free legal
        fifteen Iowa legal aid programs.       who have been unable to secure legal             services to indigent and needy elderly in
The grants are funded by the Court’s           services.                                        selected civil cases. Services are rendered
IOLTA (Interest on Lawyer Trust Account)                                                        by full-time advocates and support
program that was established in 1985 to        • Legal Services Corporation of Iowa, Des        personnel and supplemented by pro bono
help fund legal services to low income         Moines — $376,970. This grant will help          and other volunteer efforts. IOLTA awards
Iowans in civil cases and for special          fund full-time attorneys in legal services       made to this program in previous years
projects relating to improving the adminis-    offices in Sioux City, Dubuque, Cedar            have substantially increased the delivery
tration of justice. Since the IOLTA            Rapids, Waterloo, Des Moines, Ottumwa,           of legal services to the poor in this area of
program began, the Court has awarded           Iowa City, and part-time attorney positions      the state.
more than $15 million in grants.               in Council Bluffs and Mason City. These
                                               attorneys will practice general poverty law      • Iowa State Bar Association VLP, Des
The IOLTA program is funded with interest      by addressing legal problems involving           Moines — $78,428. The VLP (Volunteer
generated on certain pooled trust accounts     basic necessities such as food, shelter,         Lawyer Project) is designed to assist low-
held by lawyers. The trust accounts are        healthcare, safety, and fundamental rights       income Iowans by increasing their
composed of funds held by lawyers for          and liberties. Emphasis is given to cases        accessibility to the civil legal system. It
clients that would be too small in amount      involving low-income people who are              does this by encouraging Iowa lawyers to
or held to briefly economically benefit        particularly vulnerable such as children,        provide free legal services.
individual clients.                            victims of domestic abuse, older Iowans
                                               and individuals with disabilities and at risk    • Legal Aid Society of Polk County, Iowa,
A seven-member commission administers          families.                                        Inc., Des Moines — $168,777. This
the IOLTA program and makes recommen-                                                           program serves families that need but
dations to the Supreme Court for grant         • Legal Hotline for Older Iowans, Des            cannot afford civil legal services. IOLTA
awards. The Court recently awarded             Moines — $23,468. This program is a              funds help support a staff of eight
grants to the following programs:              popular prevention and early intervention        attorneys, four legal assistants and five
                                               program designed to expand older Iowans’         support staff positions. The program
• Civil Legal Assistance Fund, Ft. Dodge       access to justice. This is a special project     served approximately 6,000 clients last
— $25,000. The purpose of this program         operated by Legal Services Corporation of        year.
is to provide civil legal assistance to low-   Iowa. After a brief intake process, people
income fathers; mothers or children            who call the hotline are connected with an       • Know Your Constitution, Des Moines —
involved in dissolution or modification        attorney to immediately discuss their legal      $6,000. This is a program of the Young
cases, which a serious dispute has arisen      problems. The hotline helps older Iowans         Lawyers Division of the Iowa State Bar
concerning child custody or physical           address legal problems such as nursing           Association. The program sponsors an
placement. The program has been operat-        home costs, Medicaid, Medicare, wills, and       annual quiz open to high school students,
ing since 1991 and has relied on IOLTA         consumer issues. IOLTA funds pay for             followed by an awards ceremony, and a
funds for all of its funding.                  nearly 50% of the program, which also            trip to Washington, D.C. for several
                                               receives funds from the U.S. Administra-         students and their teachers. Several
• Black Hawk County Bar Association,           tion on Aging.                                   thousand Iowa students participate in the
Waterloo — $31, 2000. This program                                                              program each year.
provides legal services to economically        • English As A Second Language Project,
disadvantaged individuals in Black Hawk        Des Moines — $12, 335. Legal Services            • Poverty Law Internship Program —
County who are outside the prescribed          Corporation of Iowa also operates this           $45,115. This program is a joint effort of
priorities of Legal Services Corporation.      program. The purpose of the project is to        the legal clinics of the University of Iowa
The program focuses on family law              fund a part-time attorney position to serve      College of Law and Drake University Law
matters. The program has been funded by        as an initial point of contact for low-
IOLTA since 1989.                              income Spanish speaking persons. This is
                                               a new project.
• Sioux County Bar Association Low Fee                                                                               Continued on page 24
Panel, Sioux City — $3,200. This               • Help Through Education and Law
 Iowa Bench Press                                                                           May-June 2001 Page 24




Hinson Resigns to Take Federal Post

B
        rent Hinson, Associate Editor of      master’s degree in public administration at
        the Iowa Bench Press, will be         Drake University. Brent plans to have a
        leaving our staff this week. Brent    career in government service (We could
has accepted an internship with the           not talk him out of it).
National Labor Relations Board in Des
Moines. Brent has been with our staff for     His career isn’t the only thing on Brent’s
nearly one year. In addition to his Bench     mind right now. On July 7 he is getting
Press duties, Brent has monitored legisla-    married.
tion and worked on the improvements to
the Judicial Branch website.                  Congratulations Brent!

Brent is a graduate of the University of
Northern Iowa. He is working on a

                                                                                                          Brent Hinson




IOLTA Grant Awards
                  Continued from page 23

School. The purpose of the program is to       • Legal Aid Society of Story County,           provides legal assistance to low-income
train, supervise, and subsidize upper-level    Nevada — $42, 823. This program                residents of Muscatine County. The office
law students who intern during the             provides civil legal assistance to residents   helps between 450 and 500 clients each
summer with legal services providers.          of Story County who cannot afford an           year. The IOLTA grant funds one full-time
With funds from IOLTA, the program has         attorney. Last year, the program served        attorney.
placed interns around the state since 1993.    approximately 465 clients. The grant funds
                                               one full-time attorney.                      The total amount of grants awarded this
• Iowa Coalition Against Domestic                                                           year was slightly higher than last year. All
Violence, Des Moines — $20,454. IOLTA          • Polk County Bar Association VLP, Des but one of the programs previously
funds granted to this program help provide     Moines — $37,095. This program works         received IOLTA funds. This is the first
legal services to battered immigrant women     in cooperation with other community and      IOLTA grant for the English As A Second
and their children. The program focuses        legal service providers to secure legal      Language program operated by Legal
on helping clients with legal problems         services for the poor. The program’s         Services Corporation of Iowa. The grants
such as gender based asylum claims, work       primary activity is to recruit volunteer     provided to previous recipients allow the
authorization documentations, child            lawyers to accept cases pro bono. The        program to maintain the status quo with
custody, divorce, petitions for adjustment     program expects to help 700 clients in 2001. modest increases for personnel costs.
of status, and domestic violence. This         The VLP program receives funding from
program collaborates with other legal          other sources in addition to its IOLTA
services and immigration community based       grant.
organizations. The program plans to
open an office in Iowa City and expects to     • Muscatine Legal Services, Muscatine
help approximately 150 women a year.           — $42,170. Muscatine Legal Services

								
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