the iowa state bar association Annual Meeting · 2019-05-24 · 11 Welcome to The Iowa State Bar...

the iowa state bar associat ion

june 10 - june 12

Held in conjunction with the Iowa judges Conference

Annual Meeting

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Welcome to The Iowa State Bar Association’s 2019 Annual Meeting. You and over 750 other individuals have committed to advancing your knowledge of and service to the legal profession by attending this year’s meeting. Over the next three days, you will engage in educational sessions, meetings and social events – all led and developed by your peers, Iowa’s legal experts. Throughout the meeting, you will see the incorporation of wellness themes into CLE sessions and activities, such as yoga, a group walk and a healthy cooking demonstration. I encourage you to participate in these events and to ask yourself, “How do I promote wellness within my legal practice and day-to-day life?” As a legal association committed to the success of our members, we aim to help you improve both your personal and professional wellness.

Please join me and other bar association members at one or more of this week’s social events. Whether it is the ISBA Annual Awards Gala, the law school luncheons or the Young Lawyers Division’s BBQ Bash, I am confident you will enjoy your time. A full list of events can be found on page 4 of this program.

Thanks to several groups and individuals for their ongoing support and efforts in making this year’s conference possible: the ISBA Annual Meeting Committee, ISBA Board of Governors, our speakers and ISBA staff. I also thank you for attending this important event.

Should you have any questions or feedback about your experience at the 2019 annual meeting, we encourage you to share them with an ISBA staff member. We are here to ensure your time at annual meeting is a success.

Sincerely,

Dwight Dinkla Executive DirectorThe Iowa State Bar Association

WELCOME

ISBA ANNUAL MEETING COMMITTEE

Hon. Paul Ahlers

Heather Carlson

Anthony Carroll

Deanna Clingan-Fischer

Erin Herbold-Swalwell

Timothy Hill

Stephen Humke

Jennifer Juhler

Kathleen Law (co-chair)

Erin Lee Schneider

Miki McGovern

Susan Mitchell

Christine Moon (co-chair)

Mary Lynn Neuhaus

Bridget Penick

Ellen Ramsey-Kacena

Steven Reed

Halley Ryherd

Gail Sheridan-Lucht

Charles Smith

Tyler Smith

Anne Updegraff

Tara van Brederode

Lu Ann White

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Event Map - 3Schedule of Events - 4Social Events Guide - 5

CLE Credit Guide - 19-21Sponsors - 22

GENERAL INFORMATION

TABLE OF CONTENTS

All annual meeting attendees are welcome to attend any of the educational sessions listed in this program, including the judges tracks.

CLE CREDIT INFORMATION

Pages 6-8

Plenary SessionCase Law TrackElder Law TrackJudges Track #1 Judges Track #2 Member Services Track

CLE PROGRAMMING - MONDAY

Pages 9-13

Plenary SessionFamily Law Track Judges Track #1 Judges Track #2 Member Services Track Real Estate/Commercial and Bankruptcy Track

CLE PROGRAMMING - TUESDAY

Pages 14-18

Litigation Track Member Services Track Probate Track Variety Track

CLE PROGRAMMING - WEDNESDAY

CLE PROGRAM ATTENDANCE

Free Professional Photos

Application has been made and approved for 17 state hours which includes up to 7.5 ethics and 4.50 juvenile law hours. The total number of CLE credits earned depends on tracks attended.

The event activity ID for this year’s annual meeting is 327057.

MondayApplication has been made and approved for 3.75 state hours which includes up to 1 ethics and up to 1.75 juvenile law hours.

Tuesday Application has been made and approved for 6.75 state hours which includes up to 2 ethics and up to 2.75 juvenile law hours.

Wednesday Application has been made and approved for 6.5 state hours which includes up to 4.5 ethics.

Beginning on page 19, a chart has been made available to assist attendees in the tracking of their CLE credit.

Annual meeting attendees who are looking to update their professional photos can take advantage of an opportunity to get a free, professional, digital photo taken right on-site.

Meeting attendees can have their photo taken in front of the ISBA registration desk during most session breaks throughout the conference. Simply stop by when you have time.

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EVENT MAP

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SCHEDULE of events

MONDAY TUESDAY WEDNESDAY

Iowa Judges Association Committee Meetings9:00 - 10:30 a.m.Ballroom A Foyer

Iowa Judges Association Board Meeting 9:00 - 10:15 a.m. Room 402

Iowa Judges Association Annual Meeting and Luncheon10:45 a.m. - 12:30 p.m. Ballroom A Iowa Judges Annual Conference 1:00 - 5:30 p.m.

Annual Meeting CLE Program 1:00 - 5:30 p.m.

Open AA Meeting5:30 - 6:30 p.m. Boardroom 4

Open Al-Anon Meeting 5:30 - 6:30 p.m. Boardroom 1

Joint Presidents’ Reception 5:30 - 7:30 p.m.Rooms 316-318

Painting and Wine with 515 Wine With Design5:30 - 7:30 p.m.Rooms 319-320(Prior sign-up required)

Open AA Meeting 7:00 - 8:00 a.m. Boardroom 4Open Al-Anon Meeting 7:00 - 8:00 a.m. Boardroom 1Iowa Judges Annual Conference8:00 a.m. - 5:00 p.m.Annual Meeting CLE Program 8:00 a.m. - 5:30 p.m.University of Iowa Hospitality Suite 9:00 a.m. - 4:00 p.m. Rooms 319-320Creighton Law School Luncheon 12:00 - 1:30 p.m.Room 321Drake Law School Luncheon 12:00 - 1:30 p.m.Rooms 316-318University of Missouri Law School Luncheon12:00 - 1:30 p.m. Boardroom 2Healthy Cooking Demo 12:00 - 12:30 p.m.Room 401Wellness Walk12:00 - 1:30 p.m.ISBA Registration DeskYoga12:00 - 1:30 p.m.Boardroom 3Historical Society of the U.S. Courts in the Eighth Circuit - Southern District of Iowa Branch 2:30 - 3:30 p.m.Room 401Young Lawyers Division Meeting 1:30 - 4:00 p.m.Room 402Open AA Meeting5:30 - 6:30 p.m.Boardroom 4Open Al-Anon Meeting5:30 - 6:30 p.m.Boardroom 1Young Lawyers Division BBQ Bash 5:30 - 8:00 p.m. ISBA, 625 E. Court Ave.

Open AA Meeting 7:00 - 8:00 a.m. Boardroom 4

Open Al-Anon Meeting 7:00 - 8:00 a.m. Boardroom 1

Iowa State Bar Foundation Fellows Breakfast 7:00 - 8:30 a.m. Room 401

Annual Meeting CLE Program 8:00 a.m. - 5:00 p.m.

Iowa State Bar Foundation Board Meeting 9:00 a.m. - 12:00 p.m. Room 402

Iowa Supreme Court Luncheon 12:00 - 1:30 p.m. Rooms 317-320

Wellness Walk 12:00 - 1:30 p.m. ISBA Registration Desk

Yoga 12:00 - 1:30 p.m. Boardroom 3

ISBA Board of Governors Meeting 1:30 - 4:30 p.m.Rooms 308-310BOG Meeting will continue on Thursday, June 13 at 8:30 a.m.

Open AA Meeting 5:00 - 6:00 p.m. Boardroom 4

Open Al-Anon Meeting 5:00 - 6:00 p.m. Boardroom 1

ISBA Annual Awards Gala 6:30 - 9:30 p.m. Ballroom B

All attendees are welcome to attend any of the educational sessions listed on this page.

All programs take place at the Iowa Events Center unless listed otherwise.

Come and join the ISBA for a fun painting class on Monday with 515 Wine With Design.Participants must have signed up prior to the start of annual meeting.

PAINTING AND WINE WITH 515 WINE WITH DESIGN

Plan to attend one of the law school luncheons (Creighton, Drake and Missouri) taking place at noon on Tuesday. These luncheons offer attendees the opportunity to connect or reconnect with fellow alumni. Creighton and Drake luncheons are ticketed events open to all ($25). Limited tickets available for purchase.

LAW SCHOOL LUNCHEONS

UNIVERSITY OF IOWA HOSPITALITY SUITE

Throughout the day on Tuesday, the University of Iowa College of Law welcomes all of its alumni to a hosted hospitality suite at the Iowa Events Center. The gathering takes place from 9:00 a.m. - 4:00 p.m. with a limited number of lunch items available to attendees.Event open to all University of Iowa College of Law alumni.

YLD BBQ BASH

This ISBA Young Lawyers Division-sponsored social event is scheduled for Tuesday night from 5:30 - 8:00 p.m. The casual gathering will be held in the ISBA parking lot (625 E. Court Ave.) and is open to all ISBA members and their guests. Entertainment, delicious BBQ and a variety of beverages will be provided as attendees enjoy the night.Event open to all. Sponsored by Reynolds & Reynolds Inc.

ISBA ANNUAL AWARDS GALA

The ISBA Annual Awards Gala is a formal, black-tie-optional event full of rich traditions including the passing of the gavels for both the senior bar and the Young Lawyers Division. The gala takes place Wednesday night beginning at 6:30 p.m. Ticketed event open to all ($60). Limited tickets available for purchase. Sponsored by Lockton Affinity, LLC.

IOWA SUPREME COURT LUNCHEON

Join the justices of the Iowa Supreme Court on Wednesday from 12:00 - 1:30 p.m. for an afternoon of fellowship.Ticketed event open to all ($25). Limited tickets available for purchase. Sponsored by Iowa Title Guaranty.

JOINT PRESIDENTS’ RECEPTION

There’s no better way to wind down after Monday’s CLE programming than at the Joint Presidents’ Reception. Come relax with complimentary hors d’oeuvres and drinks from 5:30 - 7:30 p.m.Event open to all.

SOCIAL EVENTS

Willard L. Boyd IIIISBA President-Elect (2018-2019)

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Case Law Track (Rooms 302-305)2:30 - 3:30 p.m.Criminal Law Update(Rooms 302-310)Hon. Paul Ahlers

3:45 - 4:30 p.m.Workers’ Compensation UpdateAndrew Giller

4:30 - 5:30 p.m.Civil Case Law UpdateHon. Paul Ahlers

Judges Track #1 (Rooms 306-308)2:30 - 3:30 p.m.Criminal Law Update(Rooms 302-310)Hon. Paul Ahlers

3:45 - 4:30 p.m.The Family First Preventative Services ActHon. William Owens, Hon. Linnea Nicol, Scott Hobart and Janee Harvey

4:30 - 5:30 p.m.Navigating Waivers and Reverse WaiversHon. Mary Chicchelly and Hon. Deborah Farmer Minot

Judges Track #2 (Rooms 309-310)2:30 - 3:30 p.m.Criminal Law Update(Rooms 302-310)Hon. Paul Ahlers

3:45 - 5:30 p.m.A Tool for Modern Litigation: Mastering the ChallengesMerril Hirsh, Hon. Annette Scieszinski and Hon. Michael Shubatt

Elder Law Track (Rooms 312-315)2:30 - 3:00 p.m.Advising Clients on a Fixed Income About Dealing with DebtFred Nelson

3:00 - 3:30 p.m.A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 1)Kyle Page

3:45 - 5:30 p.m.A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 2)Kyle Page

Member Services Track (Boardroom 2)2:30 - 3:30 p.m.Introduction to Legal Research on Fastcase 7 Swalitha Richardson

3:45 - 4:30 p.m.Trustifi: Email Encryption Made EasyHarry Shipley

4:30 - 5:30 p.m.ISBA Child Support Calculator Harry Shipley

MONDAY

CLE PROGRAMMING

1:00 - 2:00 p.m.Mindfulness: A Tool for Lawyers and Judges Hon. Fae Hoover-Grinde, District Court Judge, District 6

Plenary Session (Rooms 302-310)

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3:45 - 5:30 p.m.A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 2) Kyle Page, PhD, ABPP, Geriatric Psychologist, VA Central Iowa Health Care System (1.75 State)

2:30 - 3:30 p.m. Criminal Law Update (Rooms 302-310)Hon. Paul Ahlers, District Associate Judge, District 2B (1.0 State) A review and discussion of published opinions on criminal cases issued by the Iowa Supreme Court and Iowa Court of Appeals.

2:30 - 3:00 p.m.Advising Clients on a Fixed Income About Dealing with Debt Fred Nelson, Iowa Legal Aid (0.5 State)Many of our older clients on a fixed income may be struggling with financial issues and debt. Attorneys recognizing these issues have an opportunity to counsel clients on avoiding pitfalls that can endanger housing, health and family harmony.

3:00 - 3:30 p.m.A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 1) Kyle Page, PhD, ABPP, Geriatric Psychologist, VA Central Iowa Health Care System (0.5 State) This presentation will review current trends in performing decisional capacity evaluations in healthcare. Topics addressed will provide the basis for building collaborative relationships between health care clinicians and legal professionals.

3:45 - 4:30 p.m.Workers’ Compensation Update Andrew Giller, Rush & Nicholson PLC (0.75 State) A review of the most significant Supreme Court, Court of Appeals and agency-level decisions from the past year.

4:30 - 5:30 p.m.Civil Case Law Update Hon. Paul Ahlers, District Associate Judge, District 2B (1.0 State) A review and discussion of published opinions on civil cases issued by the Iowa Supreme Court and Iowa Court of Appeals.

ROOMS 302-305 CASE LAW TRACK

ROOMS 312-315 ELDER LAW TRACK

PLENARY SESSION

MONDAY

1:00 - 2:00 p.m.Mindfulness: A Tool for Lawyers and Judges Hon. Fae Hoover-Grinde, District Court Judge, District 6 (1.0 State; 1.0 Ethics)

Sponsored by Reynolds & Reynolds Inc.

This course will teach participants the definition of mindfulness, and why it is a useful tool to increase attention, efficiency and wellness. Attendees will learn simple techniques that will allow them to easily incorporate mindfulness into their daily routine.

ROOMS 302-310

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2:30 - 3:30 p.m.Criminal Law Update (Rooms 302-310) Hon. Paul Ahlers, District Associate Judge, District 2B (1.0 State) A review and discussion of published opinions on criminal cases issued by the Iowa Supreme Court and Iowa Court of Appeals.

3:45 - 4:30 p.m.The Family First Preventative Services ActHon. William Owens, Associate Juvenile Judge, District 8A; Hon. Linnea Marie Nelson Nicol, District Associate Judge, District 1;Scott Hobart, Chief Juvenile Court Officer, District 7; and Janee Harvey, DHS, Bureau Chief of Child Welfare and Community Services(0.75 State; 0.75 Juvenile)Representatives of various roles within the juvenile justice system will discuss the impact of the Family First Prevention Services Act (FFPSA) passed at the federal level in 2018.

4:30 - 5:30 p.m.Navigating Waivers and Reverse WaiversHon. Mary Chicchelly, District Court Judge, District 2A and Hon. Deborah Farmer Minot, District Associate Judge, District 6 (1.0 State; 1.0 Juvenile) Judges Chicchelly and Minot, with other representatives of the juvenile court system, will discuss waiving cases between court levels.

JUDGES TRACK #1 ROOMS 306-308

2:30 - 3:30 p.m.Criminal Law Update (Rooms 302-310) Hon. Paul Ahlers, District Associate Judge, District 2B (1.0 State) A review and discussion of published opinions on criminal cases issued by the Iowa Supreme Court and Iowa Court of Appeals.

2:30 - 3:30 p.m.Introduction to Legal Research on Fastcase 7 Swalitha Richardson, Fastcase (1.0 State) This training is designed for new Fastcase users. The presentation covers basic Fastcase features with a focus on case law searches and statute searches in Fastcase 7.

3:45 - 4:30 p.m.Trustifi: Email Encryption Made EasyHarry Shipley, Assistant Executive Director, The Iowa State Bar AssociationThis training is designed to help ISBA members include email encryption in their cybersecurity plan. Of all security breaches, 90 percent occur via email. Trustifi provides you tools to combat phishing scams and encrypt sensitive information.

4:30 - 5:30 p.m.ISBA Child Support Calculator Harry Shipley, Assistant Executive Director, The Iowa State Bar AssociationThis training is designed to expose IowaDocs® users to the Child Support Calculation program provided by the ISBA. Presenter will also discuss the future of the service and what additional content is planned.

3:45 - 5:30 p.m.A Tool for Modern Litigation: Mastering the Challenges Merril Hirsh, FCIArb, HirshADR PLLC; Hon. Annette Scieszinski, Senior Judge, District 8; and Hon. Michael Shubatt, District Court Judge, District 1A (1.50 State)This panel orients Iowa judges and lawyers to the case-management tool of the special master, equips judges and lawyers to identify cases/issues that will benefit from involvement of a master in complex civil litigation, and introduces judges and lawyers to the practical factors in implementing master assistance.


MEMBER SERVICES TRACK BOARDROOM 2

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Family Law Track (Rooms 302-305)8:00 - 9:00 a.m. Family Law UpdateJames Meade

9:30 - 10:00 a.m. Discovery in Family Law Matters: Obtaining, Organizing and Offering the Information Necessary to Prove Your CaseMark Fisher and Crystal Usher

10:00 - 10:30 a.m. Social Media EvidenceJoseph Pavelich

10:45 - 11:30 a.m. Transitional Spousal SupportRae Kinkead

11:30 a.m. - 12:00 p.m.Substance Abuse Issues and Supervised VisitationKristen Shaffer

2:45 - 3:45 p.m.An Update on the Federal Indian Child Welfare ActKevin Washburn

4:00 - 4:45 p.m.The Myths of Joint Physical Care PresumptionsDiane Dornburg and David Cox

4:45 - 5:30 p.m.Adoption Practice BasicsLori Klockau

Sponsored by Lockton Affinity, LLC

CLE PROGRAMMING

TUESDAY

Judges Track #1 (Rooms 306-308)8:00 - 9:00 a.m.Criminal ColloquiesHon. Duane Hoffmeyer

9:30 - 10:30 a.m.Evidence in the Last Five YearsProf. Laurie Doré

10:45 a.m. - 12:00 p.m.Legislative Update(Rooms 306-310)Caitlin Jarzen

2:45 - 3:45 p.m.Patient One: An Exploration of Criminal Justice and Mental HealthProf. Robert Rigg

4:00 - 5:00 p.m.Recusals(Rooms 306-310)Hon. Thomas Bower

Judges Track #2 (Rooms 309-310)8:00 - 9:00 a.m.Judicial Writing(Limited to judges only)Hon. Mary Tabor and Justice Christopher McDonald

9:30 - 10:30 a.m.Implicit Bias II: Overview and UpdateJennifer Juhler

10:45 a.m. - 12:00 p.m.Legislative Update(Rooms 306-310)Caitlin Jarzen

2:45 - 3:45 p.m.Lawyers, (Big) Guns and Money: Dealing with Alimony in a Post-TCJA WorldStacey Warren

4:00 - 5:00 p.m.Recusals(Rooms 306-310)Hon. Thomas Bower

Member Services Track (Boardroom 2)9:30 - 10:30 a.m.Introduction to Legal Research on Fastcase 7 Swalitha Richardson

2:45 - 3:45 p.m.Trustifi: Email Encryption Made EasyHarry Shipley

4:00 - 5:00 p.m.IowaDocs® in the Cloud Brian Hegg

1:30 - 2:30 p.m.Battle Cry of Freedom: Iowa Lawyers Confronting Human Trafficking Amb. Luis C.deBaca

Plenary Session (Rooms 302-310)

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Real Estate/Commercial and Bankruptcy Law Track (Rooms 312-315)8:00 - 9:00 a.m.New Iowa Partition Law:Iowa Code Chapter 651Jim Nervig

9:30 - 10:30 a.m.When Technical Objections Should Cloud Title Under Iowa Land Title Standard 1.1Timothy Gartin

10:45 a.m. - 12:00 p.m.Easements: A Panel Discussion of Particular Problems and SolutionsMatthew Rousseau, Lindsey Guerrero, Matthew Veldey, Timothy Gartin and Melvin Shaw

2:45 - 3:45 p.m.Civil and Criminal Issues Arising in Farm BankruptciesJames Snyder and Matthew Cole

4:00 - 4:45 p.m.Bankruptcy Law UpdateHon. Anita Shodeen and Hon. Thad Collins

4:45 - 5:30 p.m.Representing Financially Distressed Farmers - Debtor’s and Creditor’s PerspectiveTerry Gibson and Brandon Tomjack

Sponsored by Iowa Title Guaranty

1:30 - 2:30 p.m.Battle Cry of Freedom: Iowa Lawyers Confronting Human Trafficking Amb. Luis C.deBaca, Fmr. Director, Department of Justice’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (1.0 State, 1.0 Juvenile)Human trafficking is an old crime, but a new priority and practice area for many attorneys, involving issues of criminal law, family law, compliance, auditing and civil litigation. This plenary session will guide participants through the legal and policy landscape in addressing this modern form of slavery.

Sponsored by Iowa Title Guaranty

8:00 - 9:00 a.m.Family Law Update James Meade, Meade Law Office (1.0 State)James Meade will discuss new developments in Iowa family case and statutory law as he presents his updated, comprehensive outline ofIowa family law.

10:00 - 10:30 a.m.Social Media Evidence Joseph Pavelich, Spies, Pavelich & Foley, LLC (0.5 State)Know the rules of admissibility to make sure that the social media evidence you need to prove your client’s case is not simply admitted “subject to the objection,” but is a rock-solid part of the record considered by your trial court judge.

10:45 - 11:30 a.m.Transitional Spousal Support Rae Kinkead, Simmons Perrine Moyer Bergman PLC (0.75 State)This session will review the existing forms of alimony in Iowa and explore a possible new form of alimony, as well as consider how other states have addressed this issue.

9:30 - 10:00 a.m.Discovery in Family Law Matters: Obtaining, Organizing and Offering the Information Necessary to Prove Your Case Mark Fisher, Nidey Erdahl Tindal & Fisher PLC and Crystal Usher, Nazette Marner Nathanson & Shea LLP (0.5 State) Discovery in family law matters can present a number of challenges. Obtaining, organizing and getting discovery into a format that can be offered into evidence is a process that family law attorneys have to deal with daily. This presentation will address each of these challenges.

FAMILY LAW TRACK

PLENARY SESSION

ROOMS 302-305

ROOMS 302-310

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2:45 - 3:45 p.m.An Update on the Federal Indian Child Welfare Act Kevin Washburn, Dean, University of Iowa College of Law (1.0 State; 1.0 Juvenile)In the last five years, the Indian Child Welfare Act has received increased attention, including federal efforts to improve its implementation and judicial activity involving challenges to its constitutionality. This session will take stock of these developments.

4:00 - 4:45 p.m.The Myths of Joint Physical Care PresumptionsDiane Dornburg, Carney & Appleby PLC and David Cox, Bray & Klockau PLC (0.75 State)An examination of the myths and realities of presumptions for joint physical care as well as a review of approaches from other jurisdictions.

4:45 - 5:30 p.m.Introduction to Termination of Parental Rights and Adoption Pursuant to Iowa Code Section 600 and 600A Lori Klockau, Bray & Klockau PLC (0.75 State; 0.75 Juvenile) A review of the process of termination of parental rights and adoption under Iowa Code Section 600 and 600A.

8:00 - 9:00 a.m.Criminal ColloquiesHon. Duane Hoffmeyer, Chief Judge, District 3B (1.0 State)Chief Judge Duane Hoffmeyer of the Third Judicial District will present revised materials regarding plea-taking in criminal cases.

9:30 - 10:30 a.m.Evidence in the Last Five Years Prof. Laurie Doré, Drake University Law School (1.0 State)Professor Laurie Doré, Drake University Law School’s Ellis and Nelle Levitt Distinguished Professor of Law, reviews recent updates in evidence law.

10:45 a.m. - 12:00 p.m.Legislative Update (Rooms 306-310) Caitlin Jarzen, Director of Governmental Affairs, Iowa Judicial Branch (1.25 State)Caitlin Jarzen, the Director of Governmental Affairs at the Iowa Judicial Branch, summarizes major legislative developments from the 2018-2019 session.


TUESDAY

11:30 a.m. - 12:00 p.m.Substance Abuse Issues and Supervised Visitation Kristen Shaffer, Shuttleworth & Ingersoll PLC (0.50 State)The presentation will discuss how to provide safe and appropriate visitation for children with a parent dealing with substance abuse issues. We will also explore options for clients when the other parent has a substance abuse issue and suggestions for relief to request from the court to best protect minor children.

FAMILY LAW TRACK (CONT’D) ROOMS 302-305

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8:00 - 9:00 a.m.Judicial Writing (Limited to judges only) Hon. Mary Tabor, Iowa Court of Appeals and Justice Christopher McDonald, Iowa Supreme Court (1.0 State) This presentation will cover effective judicial writing strategies using examples from courtrooms across the state. Presenters Judge Mary Tabor of the Iowa Court of Appeals and Justice Christopher McDonald of the Iowa Supreme Court will incorporate real-world examples of judicial writing into this presentation.

9:30 - 10:30 a.m.Implicit Bias II: Overview and Update Jennifer Juhler, Iowa Judicial Branch (1.0 State; 1.0 Ethics) This presentation will discuss implementation and results of Phase 1 of the Iowa Judicial Branch’s endeavor to impact disproportionality through training on implicit bias. Initial plans for Phase 2 implementation will be discussed giving a basic trajectory of planning to date.

10:45 a.m. - 12:00 p.m.Legislative Update (Rooms 306-310) Caitlin Jarzen, Director of Governmental Affairs, Iowa Judicial Branch (1.25 State)Caitlin Jarzen, the Director of Governmental Affairs at the Iowa Judicial Branch, summarizes major legislative developments from the 2018-2019 session.

2:45 - 3:45 p.m.Patient One: An Exploration of Criminal Justice and Mental Health Prof. Robert Rigg, Drake Legal Clinic (1.0 State)Professor Robert Rigg of Drake University Law School’s Legal Clinic will present the findings of his recent article, “Patient One: An Exploration of Criminal Justice and Mental Health,” published in the University of Indiana Health Law Review in March of 2019.

4:00 - 5:00 p.m.Recusals (Rooms 306-310)Hon. Thomas Bower, Iowa Court of Appeals(1.0 State; 1.0 Ethics)Have you ever thought about recusing a judge? Have you ever hoped as a judge you would be recused? Have you ever wondered what the requirements are for recusal? If so, those questions and more will be discussed in this interactive presentation.


2:45 - 3:45 p.m.Lawyers, (Big) Guns and Money: Dealing with Alimony in a Post-TCJA WorldStacey Warren, CashattWarren Family Law, P.C. (1.0 State)Join attorney Stacey Warren for a discussion of the taxation issues related to alimony in the wake of the 2017 Tax Cuts and Job Act.

4:00 - 5:00 p.m.Recusals (Rooms 306-310)Hon. Thomas Bower, Iowa Court of Appeals(1.0 State; 1.0 Ethics)Have you ever thought about recusing a judge? Have you ever hoped as a judge you would be recused? Have you ever wondered what the requirements are for recusal? If so, those questions and more will be discussed in this interactive presentation.

9:30 - 10:30 a.m.Introduction to Legal Research on Fastcase 7 Swalitha Richardson, Fastcase (1.0 State) This presentation covers basic Fastcase features with a focus on case law searches and statute searches in Fastcase 7.


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8:00 - 9:00 a.m.New Iowa Partition Law: Iowa Code Chapter 651 Jim Nervig, Brick Gentry PC (1.0 State) The presentation will discuss the substance of the new partition law that became effective on July 1, 2018.

9:30 - 10:30 a.m.When Technical Objections Should Cloud Title Under Iowa Land Title Standard 1.1 Timothy Gartin, Hastings Gartin & Boettger LLP (1.0 State) This program will address Title Standard 1.1 and will take up the questions of what is at stake if we do not properly apply Title Standard 1.1, the underlying rationale for the standard, how we apply the standard and examples of properly applying the standard.

10:45 a.m. - 12:00 p.m.Easements: A Panel Discussion of Particular Problems and Solutions Matthew Rousseau, Iowa Title Guaranty; Lindsey Guerrero, Iowa Title Guaranty; Matthew Veldey, Iowa Title Guaranty; Timothy Gartin, Hastings Gartin & Boettger LLP; and Melvin Shaw, Law Offices of Melvin O. Shaw, P.L.C. (1.25 State)The goal of this presentation is to strengthen your awareness and understanding of a selection of easement problems and possible solutions.

2:45 - 3:45 p.m.Civil and Criminal Issues Arising in Farm Bankruptcies James Snyder and Matthew Cole, U.S. Attorney’s Office (1.0 State)This discussion will cover civil issues that involve farm bankruptcies and general issues such as conversion, bankruptcy fraud and other violations.

4:45 - 5:30 p.m.Representing Financially Distressed Farmers - Debtor’s and Creditor’s Perspective Terry Gibson, Wandro & Associates PC and Brandon Tomjack, Baird Holm, LLP (0.75 State) The panelists will present various considerations and issues to consider when advising farmers and agricultural lenders on debt restructuring and collection matters.

4:00 - 4:45 p.m.Bankruptcy Law Update Hon. Anita Shodeen, Chief Judge, United States Bankruptcy Court, Southern District of Iowa and Hon. Thad Collins, Chief Judge, United States Bankruptcy Court, Northern District of Iowa (0.75 State)A survey of current issues arising in bankruptcy court will be explored during this panel session.

REAL ESTATE/COMMERCIAL AND BANKRUPTCY LAW TRACK ROOMS 312-315


4:00 - 5:00 p.m.IowaDocs® in the Cloud Brian Hegg, Computer Services Director, The Iowa State Bar AssociationLearn how to use IowaDocs® in HotDocs Market and access IowaDocs® forms from any internet connected device at any time.

TUESDAY

MEMBER SERVICES TRACK (CONT’D) BOARDROOM 2

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Litigation Track (Rooms 302-303)8:00 - 9:00 a.m.Trial Judges in Mentor Mode: What Lawyers Need to KnowHon. Annette Scieszinski, Hon. David Porter and Hon. Thomas Bitter

9:00 - 10:00 a.m.An Open Book: Social Media Discovery Issues in LitigationLeslie Behaunek

10:00 - 10:30 a.m.Ethical Obligations of Lawyers and Judges to be Civil: Reducing Stress, Stopping Harassment and Improving Respect for the LawHon. Celeste Bremer

11:00 a.m. - 12:00 p.m.Backstage Pass: Behind the Scenes of an Ethics Prosecution(Rooms 304-307)Tara van Brederode and Matthew McDermott

1:30 - 2:30 p.m.Go Local: The Importance of Local Rules and Judicial PreferencesR. Scott Johnson and Hon. Mark Roberts

3:00 - 4:30 p.m.A Conversation with the Iowa Supreme Court’s Newest MembersJustice Susan Christensen and Justice Christopher McDonald

4:30 - 5:00 p.m.POWER Act for Survivors of Domestic Violence and Sexual AssaultMegan Norberg and Hon. Celeste Bremer

WEDNESDAY

CLE PROGRAMMING

Member Services Track (Boardroom 2)9:00 - 10:00 a.m.Introduction to Boolean on Fastcase 7 Swalitha Richardson

11:00 a.m. - 12:00 p.m.ISBA Child Support Calculator Harry Shipley

1:30 - 2:30 p.m.IowaDocs® in the Cloud Brian Hegg

3:00 - 4:00 p.m.Trustifi: Email Encryption Made Easy Harry Shipley

Variety Track (Rooms 304-307)8:00 - 9:00 a.m.Hot Immigration Yoga: Tying Yourself in Knots with Your Feet to the FireJoAnn Barten

9:00 - 10:00 a.m.Attorney Well-Being: Iowa Joins the National Call to ActionTara van Brederode

10:00 - 10:30 a.m.Immigration from the Employer’s Perspective: Avoiding Jail, Debarment and Other CalamitiesLori Chesser

11:00 a.m. - 12:00 p.m. Backstage Pass: Behind the Scenes of an Ethics ProsecutionTara van Brederode and Matthew McDermott

1:30 - 2:30 p.m.Trust Accounts: A Play in Three ActsTara van Brederode and Trinity Braun-Arana

3:00 - 3:30 p.m.Representing the Best Interests of Clients: Substance Abuse and Mental Health Commitment HearingsJack Wertzberger

3:30 - 4:00 p.m.Access to Justice Commission Update Justice Brent Appel and Anjela Shutts

4:00 - 5:00 p.m.Beyond the “Why” of Limited Scope and Pro Bono RepresentationMegan Norberg, Lisa Gavin and Rob Poggenklass

Probate Track (Rooms 312-316)9:00 - 9:45 a.m.Legislative UpdateSusan Pence

9:45 - 10:30 a.m.Professional Fiduciary’s Guide to the Do’s and Don’ts of DraftingAnna Moyers Stone

11:00 a.m. - 12:00 p.m.One of These is Not Certain: Death. Taxes. IDR PurgatoryLaurie Heron McCown and Brandon Gray

1:30 - 2:30 p.m.Medicaid Eligibility for Nursing Home and Other Long-Term CareScott Hartsook

3:00 - 4:00 p.m.Hot Topics from the Probate Section ListservJoshua Weidemann, Janice Kerkove and Breanna Young

4:00 - 5:00 p.m.Protecting Client DataJ. Michael Deege

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8:00 - 9:00 a.m.Trial Judges in Mentor Mode: What Lawyers Need to Know Hon. Annette Scieszinski, Senior Judge, District 8; Hon. David Porter, District Court Judge, District 5C; and Hon. Thomas Bitter, District Court Judge, District 1A (1.0 State)This panel of judges shares with lawyers their candid observations on best practices seen in the Iowa trial courts.

LITIGATION TRACK ROOMS 302-303

9:00 - 10:00 a.m.An Open Book: Social Media Discovery Issues in LitigationLeslie Behaunek, Nyemaster Goode PC (1.0 State)From fact investigation, to discovery battles, to in-court use of social media content, this presentation will give a start-to-finish overview of social media issues in litigation.

10:00 - 10:30 a.m.Ethical Obligations of Lawyers and Judges to be Civil: Reducing Stress, Stopping Harassment and Improving Respect for the Law Hon. Celeste Bremer, U.S. Magistrate Judge, United States District Court, Southern District of Iowa (0.5 State; 0.5 Ethics)This presentation is focused on changes to the judicial code of conduct to require civility and the enforcement of the code of professional responsibility.

11:00 a.m. - 12:00 p.m.Backstage Pass: Behind the Scenes of an Ethics Prosecution (Rooms 304-307) Tara van Brederode, Assistant Director/Administrator, Iowa Supreme Court Attorney Disciplinary Board and Matthew McDermott, Belin McCormick PC (1.0 State; 1.0 Ethics)Presenters will share insights about how ethics investigations and prosecutions work and will provide concrete advice about how to avoid them.

1:30 - 2:30 p.m.Go Local: The Importance of Local Rules and Judicial PreferencesR. Scott Johnson, McKee Voorhees & Sease PLC; Hon. Mark Roberts, U.S. Magistrate Judge, U.S. District Court for the Northern District of Iowa (1.0 State)Join R. Scott Johnson and the Hon. Mark Roberts for a discussion on local rules and judicial preferences.

3:00 - 4:30 p.m.A Conversation with the Iowa Supreme Court’s Newest Members Justice Susan Christensen, Iowa Supreme Court and Justice Christopher McDonald, Iowa Supreme Court (1.5 State)Justice Christensen and Justice McDonald sit down for consecutive one-on-one Q&A sessions with questions submitted by session attendees.

4:30 - 5:00 p.m.POWER Act for Survivors of Domestic Violence and Sexual Assault Megan Norberg, Managing Attorney, Iowa Legal Aid’s Volunteer Lawyer’s Project and Hon. Celeste Bremer, U. S. Magistrate Judge, Southern District of Iowa (0.5 State; 0.5 Ethics) Co-sponsored by the U. S. District Courts for the Northern and Southern Districts of IowaA discussion on a lawyer’s professional responsibility for representing survivors of intimate violence using Iowa’s rules.

WEDNESDAY

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9:00 - 10:00 a.m.Introduction to Boolean on Fastcase 7 Swalitha Richardson, Fastcase (1.0 State) This training covers Boolean (keyword) searches as well as a number of research tips that highlight advanced features in Fastcase 7.

1:30 - 2:30 p.m.IowaDocs® in the Cloud Brian Hegg, Computer Services Director, The Iowa State Bar AssociationLearn how to use IowaDocs® in HotDocs Market and access IowaDocs® forms from any internet connected device at any time.


11:00 a.m. - 12:00 p.m.ISBA Child Support Calculator Harry Shipley, Assistant Executive Director, The Iowa State Bar AssociationThis training is designed to expose IowaDocs® users to the Child Support Calculation program provided by the ISBA. Presenter will also discuss the future of the service and what additional content is planned.

9:00 - 9:45 a.m.Legislative Update Susan Pence, Bankers Trust (0.75 State)Summary of newly-enacted Iowa legislation affecting the practice of law in the areas of probate, trusts and estate planning.

9:45 - 10:30 a.m.Professional Fiduciary’s Guide to the Do’s and Don’ts of Drafting Anna Moyers Stone, V.P. and Trust Officer, MidWestOne Bank (0.75 State)Have you ever wondered what happens with the language that you draft? Ever thought about how that educational trust works in real life? Who may be cursing you or singing your praises based on a couple of words from 10 years ago? Consider your questions answered, along with a few tips for the road, in this fiduciary’s guide to drafting.

11:00 a.m. - 12:00 p.m.One of These is Not Certain: Death. Taxes. IDR Purgatory Laurie Heron McCown, Iowa Attorney General’s Office and Brandon Gray, Iowa Attorney General’s Office (1.0 State)Before an estate can be closed, specific requirements related to state tax obligations must be satisfied. Lack of information about these laws or Iowa Department of Revenue processes can create unnecessary expense and complication. The presenters will help you anticipate and avoid these issues.

PROBATE TRACK ROOMS 312-316


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1:30 - 2:30 p.m.Medicaid Eligibility for Nursing Home and Other Long-Term Care Scott Hartsook, Attorney at Law (1.0 State)Learn about Medicaid for long-term care, including the rules about attribution of resources, spousal protections, transfers of assets, Miller Trusts and estate recovery.

3:00 - 4:00 p.m.Hot Topics from the Probate Section Listserv Joshua Weidemann, O’Connor & Thomas, PC; Janice Kerkove, Bradley & Riley; and Breanna Young, Davis Brown Law Firm (1.0 State)This all-star panel will discuss topics from the Probate Section listserv that garnered the most discussion.

4:00 - 5:00 p.m.Protecting Client Data J. Michael Deege, Wilson Deege Despotovich Riemenschneider & Rittgers, PLC (1.0 State; 1.0 Ethics) As an attorney, you keep information on each one of your clients. That information could be very valuable to a hacker. What are the threats posed to that information and how do you protect that information? What are your ethical duties to protect that information?

8:00 - 9:00 a.m.Hot Immigration Yoga: Tying Yourself in Knots with Your Feet to the Fire JoAnn Barten, Barten Law PC (1.0 State)Brief overview of immigration law 101 including the agencies involved, statutes and regulations, common non-immigrant status programs and avenues for citizenship. In addition for the more advanced, the speaker will review recent case updates and recently filed amicus briefs.

VARIETY TRACK ROOMS 304-307

9:00 - 10:00 a.m.Attorney Well-Being: Iowa Joins the National Call to Action Hugh Grady, Director, Iowa Lawyer Assistance Program and Tara van Brederode, Assistant Director/Administrator, Iowa Supreme Court Attorney Disciplinary Board (1.0 State; 1.0 Ethics)An update on how our lawyer regulation system and our lawyer assistance program are supporting lawyer well-being. Speakers will describe new programs and outreach, discuss our joint focus on a broad definition of well-being and explain how our offices can, within the bounds of confidentiality rules and with the support of the Iowa Supreme Court, work together to help our lawyers be well.

10:00 - 10:30 a.m.Immigration from the Employer’s Perspective: Avoiding Jail, Debarment and Other CalamitiesLori Chesser, DavisBrown Law Firm (0.5 State)This presentation will include highlights of employer compliance and considerations when employing foreign workers.

WEDNESDAY

PROBATE TRACK (CONT’D) ROOMS 312-316

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1:30 - 2:30 p.m.Trust Accounts: A Play in Three Acts Tara van Brederode, Assistant Director/Administrator, Iowa Supreme Court Attorney Disciplinary Board and Trinity Braun-Arana, Assistant Director for Boards and Commissions, Office of Professional Regulation of the Supreme Court of Iowa (1.0 State; 1.0 Ethics)This discussion will break trust account requirements and rules down into clear, easily-understood steps and procedures with the help of a cast of special guests.

3:00 - 3:30 p.m.Representing the Best Interests of Clients: Substance Abuse and Mental Health Commitment Hearings Jack Wertzberger, Attorney at Law(0.5 State)This presentation will discuss the various challenges in representation of clients who have been court ordered for substance abuse and mental health evaluations.

3:30 - 4:00 p.m.Access to Justice Commission UpdateJustice Brent Appel, Iowa Supreme Court and Anjela Shutts, Whitfield & Eddy PLC(0.5 State; 0.5 Ethics)Justice Brent Appel and Anjela Shutts will provide an update on the Access to Justice Commission’s progress and projects.

11:00 a.m. - 12:00 p.m.Backstage Pass: Behind the Scenes of an Ethics Prosecution Tara van Brederode, Assistant Director/Administrator, Iowa Supreme Court Attorney Disciplinary Board and Matthew McDermott, Belin McCormick PC (1.0 State; 1.0 Ethics)Presenters will share insights on how ethics investigations and prosecutions work and will provide concrete advice about how to avoid them.

4:00 - 5:00 p.m.Beyond the “Why” of Limited Scope and Pro Bono Representation: How to Use Limited Scope and Pro Bono Representation in Your Practice to Service the Needs of Specific Communities Megan Norberg, Iowa Legal Aid; Lisa Gavin, Iowa Legal Aid; and Rob Poggenklass, Iowa Legal Aid (1.0 State; 1.0 Ethics)The Iowa Supreme Court has led Iowa attorneys in providing Iowans access to justice, including encouraging attorneys to engage in limited scope representation. Join Iowa Legal Aid attorneys Megan Norberg, Lisa Gavin and Rob Poggenklass for the “how” to incorporate limited scope representation in your practice.

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TRACKS AND TOPICS ETHICS JUVENILE STATE

CASE LAW TRACK

Criminal Law Update 1

Workers’ Compensation Update 0.75

Civil Case Law Update 1

ELDER LAW TRACK

Advising Clients on a Fixed Income About Dealing with Debt 0.5

A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 1) 0.5

A Clinician’s Perspective on Geriatric Capacity Evaluations (Part 2) 1.75

JUDGES TRACK #1

The Family First Preventative Services Act 0.75 0.75

Navigating Waivers and Reverse Waivers 1 1

JUDGES TRACK #2

A Tool for Modern Litigation: Mastering the Challenges 1.50

MEMBER SERVICES TRACK

Introduction to Legal Research on Fastcase 7 1

Trustifi: Email Encryption Made Easy

ISBA Child Support Calculator

PLENARY SESSION

Mindfulness: A Tool for Lawyers and Judges 1 1

CREDIT INFORMATION

MONDAY

The Iowa State Bar Association(515) 243-3179

[email protected]

20

CREDIT INFORMATION

TRACKS AND TOPICS ETHICS JUVENILE STATEFAMILY LAW TRACK

Family Law Update 1

Discovery in Family Law Matters: Obtaining, Organizing and Offering the Information Necessary to Prove Your Case 0.5

Social Media Evidence 0.5

Transitional Spousal Support 0.75

Substance Abuse Issues and Supervised Visitation 0.5

An Update on the Federal Indian Child Welfare Act 1 1

The Myths of Joint Physical Care Presumptions 0.75

Introduction to Termination of Parental Rights and Adoption Pursuant to Iowa Code Section 600 and 600A 0.75 0.75

JUDGES TRACK #1

Criminal Colloquies 1

Evidence in the Last Five Years 1

Legislative Update 1.25

Patient One: An Exploration of Criminal Justice and Mental Health 1

Recusals 1 1

JUDGES TRACK #2

Judicial Writing 1

Implicit Bias II: Overview and Update 1 1


Lawyers, (Big) Guns and Money: Dealing with Alimony in a Post-TCJA World 1

Recusals 1 1


Introduction to Legal Research on Fastcase 7 1


IowaDocs® in the Cloud

PLENARY SESSION

Battle Cry of Freedom: Iowa Lawyers Confronting Human Trafficking 1 1

REAL ESTATE/COMMERCIAL AND BANKRUPTCY LAW TRACK

New Iowa Partition Law: Iowa Code Chapter 651 1

When Technical Objections Should Cloud Title Under Iowa Land Title Standard 1.1 1

Easements: A Panel Discussion of Particular Problems and Solutions 1.25

Civil and Criminal Issues Arising in Farm Bankruptcies 1

Bankruptcy Law Update 0.75

Representing Financially Distressed Farmers - Debtor’s and Creditor’s Perspective 0.75

TUESDAY

21

TRACKS AND TOPICS ETHICS JUVENILE STATE

LITIGATION TRACK

Trial Judges in Mentor Mode: What Lawyers Need to Know 1

An Open Book: Social Media Discovery Issues in Litigation 1

Ethical Obligations of Lawyers and Judges to be Civil: Reducing Stress, StoppingHarassment and Improving Respect for the Law 0.5 0.5

Backstage Pass: Behind the Scenes of an Ethics Prosecution 1 1

Go Local: The Importance of Local Rules and Judicial Preferences 1

A Conversation with the Iowa Supreme Court’s Newest Members 1.5

POWER Act for Survivors of Domestic Violence and Sexual Assault 0.5 0.5


Introduction to Boolean on Fastcase 7 1

ISBA Child Support Calculator

IowaDocs® in the Cloud


PROBATE TRACK


Professional Fiduciary’s Guide to the Do’s and Don’ts of Drafting 0.75

One of These is Not Certain: Death. Taxes. IDR Purgatory 1

Medicaid Eligibility for Nursing Home and Other Long-Term Care 1

Hot Topics from the Probate Section Listserv 1

Protecting Client Data 1 1

VARIETY TRACK

Hot Immigration Yoga: Tying Yourself in Knots with Your Feet to the Fire 1

Attorney Well-Being: Iowa Joins the National Call to Action 1 1

Immigration from the Employer’s Perspective: Avoiding Jail, Debarment and Other Calamities 0.5

Backstage Pass: Behind the Scenes of an Ethics Prosecution 1 1

Trust Accounts: A Play in Three Acts 1 1

Representing the Best Interests of Clients: Substance Abuse and Mental Health Commitment Hearings 0.5

Access to Justice Commission Update 0.5 0.5

Beyond the “Why” of Limited Scope and Pro Bono Representation 1 1

CREDIT INFORMATION

WEDNESDAY

DIAMOND GAVEL SPONSORS - $5,000

ADDITIONAL SPONSORS

GOLD GAVEL SPONSORS - $1,500

sponsors

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the iowa state bar association Annual Meeting · 2019-05-24 · 11 Welcome to The Iowa State Bar...

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Transcript of the iowa state bar association Annual Meeting · 2019-05-24 · 11 Welcome to The Iowa State Bar...