Iowa Supreme Court

Three new opinions today. Two family law and one auto insurance. One of the family law cases comes from a split court, which we really haven’t seen much of lately.

In re Marriage of Powers – A 4-3 decision vacating the Court of Appeals judgment giving primary physical care of the kids to Dad and affirming the District Court order giving primary care to Mom. My experience with family law cases is that they can get really nasty. So emotional and full of spite. This is no different, even between the Justices.

In re Marriage of Ginsberg – Ex-husband didn’t pay debt allocated to him in divorce decree. Ex-wife paid it and asked the Court to enforce the decree. Supreme Court again vacated the judgment of the Court of Appeals and affirmed the District Court. The Court of Appeals might want to take note, here, the Supreme Court seems to be laying down the smack.

Thomas v. Progressive Casualty Insurance Company – When you buy an auto insurance policy and specifically ask that your husband not be covered when he’s driving, don’t try to make a claim on the policy for an injury your husband received while he was driving.

Happy Weekend

Iowa Court of Appeals

There were a number of new Court of Appeals opinions released today. I looked through the summaries and found so many that I thought might be interesting. I ended up needing to shave my list a little bit so I could get some work done.

There is one that touches on judicial recusal in an attorney malpractice case. Not really much there, though.

An unfortunate case concerning a mother’s need for her child to be sick.

Another child custody case that has a very interesting outcome. You have to read the dissent to find it that interesting, though.

A case about a gaming permit for the hallowed (see my last post) National Cattle Congress. Actually, it’s for the now defunct dog track in Waterloo, which is run by the Cattle Congress Board. This opinion, though, is now mysteriously missing from the page of recent decisions, though it still shows up in the summaries.

And a criminal case that I find remarkable only because I think I went to high school with the defendant.

Finally, my condolences to my office-mate Rockne Cole for the disposition of his post-conviction relief appeal.

Happy reading.

Immigration Raids

Most of us have probably heard the news about the ICE raids in Postville and, apparently, Waterloo. I haven’t seen any media coverage concerning any raids actually in Waterloo, but my sources tell me that one is taking place there, as well.

I looked through a little bit of the warrant application posted here and here. From what I’ve read, it looks like the warrant is ironclad. I know an attorney who was summoned to a meeting in Cedar Rapids for attorneys taking CJA appointments, where he was told that the federal court wanted each attorney to represent ten different people taken into custody in the same raid. He was ranting about conflicts of interest and the propriety of taking the action the Court and US Attorneys were proposing. I can’t say I disagree.

What I really want to write about, though, is the holding facility. I grew up on a farm South of Waterloo and the National Cattle Congress Grounds have been home to the annual Black Hawk County 4-H and FFA Fair since before I was born. Every summer after I entered 3rd or 4th grade, I spent a week in Late July running around that place, showing animals in livestock competitions, watching others do the same, participating in water fights, attempting to woo young ladies (usually unsuccessfully), participating in the hay stacking contest and rope pull contests (and winning our fair share of those), etc.

It was always something to look forward to. Not because I was really successful with my projects, but because I was with friends for a whole week in one place. We were all bound to be there to take care of our own animals and other projects and to watch each other compete. If I hadn’t been bound to be there, I still would have spent my time there. It was just that fun.

Now, I suppose McElroy Auditorium, the Pepsi Pavilion, Barger Hall, Estel Hall and maybe even the livestock barns, are the temporary home for, by some reports, 600-700 immigrants taken into custody in Postville and Waterloo. I’m not sure if the place will ever be the same for me. It was the Fair. You couldn’t separate the two. Now it will be known as the ICE headquarters for the largest raid in Iowa (at least until the next one takes place).

I understand that many of the people who will spend time there over the next couple of weeks have violated federal immigration laws. I understand that they could be found guilty of a crime and sent to jail and, in the end, deported. But the Cattle Congress Grounds, which were a source of such joy and hope and fun will be seen by these people as a prison. A place where their hopes and dreams for a prosperous future were dashed. It makes me sad.

What luck that I was born in the United States. I always think about that when I read or hear about stories like today’s. Sometimes I wonder if I really am that lucky. But then I remember my parents, the rest of my family, my friends and all the opportunities that I’ve had simply because I was born on this part of this great big piece of land, rather than a few thousand miles South of here. Is that really fair?

New Iowa Supreme Court Opinions

Four new opinions, today. Here are my thoughts:

Iowa Supreme Court Disciplinary Board v. Jeffrey M. Ireland – Mr. Ireland’s Iowa law license was suspended for at least six months for his neglect of client matters and failure to return the clients’ papers and funds. This seems like a slap on the wrist to me, considering he’s also had a private reprimand, a public reprimand and another suspension, all since 2002. I imagine the fact that he now lives in Missouri and does not intend to practice law in the future make any suspension pretty irrelevant.

In re the Detention of Bryan M. Pierce – The State may appeal a District Court determination that a person is not a sexually violent predator. In addition, the elements that must be shown are that a person has been convicted of a sexually violent offense, that the person has some mental abnormality and that the abnormality makes it more likely than not that the person will commit additional sexually violent offenses, if not confined. Justice Streit again disappoints with no snappy witticisms.

State v. Allensworth- The automobile exception to the warrant requirement of the 4th Amendment of the US Constitution allows warrantless searches of vehicles after a car is impounded incident to an arrest. This even extends to situations where there is not probable cause to support the search at the time the stop is made. I don’t like the whole idea of the automobile exception. Especially, the fact that it still applies after the automobile has been impounded and is in police custody. Look, law enforcement can keep people from going into a building, even their own residence, for a reasonable period of time while they pursue a warrant application, if they have probably cause to believe there is evidence of illegality currently inside. How is this really any different? The car is in police custody. If they have probable cause, they can hold the vehicle until a warrant is issued. I don’t buy the inherently mobile argument.

Horak Prairie Farm, LP v. City of Cedar Rapids and Leonard Dolezal v. City of Cedar Rapids- Two property owners protested the special assessments against their land for improvements to the intersection of 76th Ave SW and 6th St SW. The Court upheld Judge Sosalla’s ruling that the City’s use of RISE funds solely to fund the public’s cost of the improvements was correct. The Court also upheld the finding that the four property owners abutting the intersection together receive 50% of the benefit of the traffic lights and that each plaintiff receives 25% of the benefit of the new turn lanes on their property. Finally, The Court reversed and remanded the ruling that the grading and drainage work needed to complete the intersection are 100% assessable to Plaintiffs. I have a hard time believing that these property owners are going to get that much benefit from these improvements, even if they, at some point develop their properties. I haven’t seen the evidence, though.

I am educated

Our proffesional liability insurance provider put on a free seminar today on how to avoid malpractice. It was an excellent presentation for the cost (free). I learned some new things and brushed up on old. One of the things that really caught my attention was the idea of a virtual law firm. Basically, a conglomeration of attorneys from different firms or with they’re own practices, that create a new “firm” with only a web presence. THey create referral agreements and all of these things.

I am very interested in this idea. First, you can create an association of solo practitioners from accross the country into one of these. THey all have their own practice areas or jurisdictions. You could set up some referral system and have a network of attorneys with a wealth of knowledge at your disposal. Of course, as far as the logistics go, I’m not sure it would be the easiest thing to do and there are ethical considerations, as well. But it’s interesting nonetheless.

I’ve also heard of the idea of setting up a virtual law firm in Second Life. Now that would be an interesting venture.

Termination of Parental Rights and Absentee Clients

I sat through a whole day of termination of parental rights trial yesterday. My client is the father of one of the kids and he was in federal prison for most of the child in need of assistance action. I finally met him a couple weeks ago when he showed up for an in-court review. This was after the termination petition had been filed.

He thought he might try to fight the termination at that time, but very quickly dropped off the face of the earth after that day. Actually, I guess his parole was revoked and he’s heading back to prison, but I never heard from him after that review in February.

So, I was stuck in this trial. I asked no questions of any witness, made a short professional statement concerning my understanding of my client’s situation and otherwise sat. Not really a fun time in the basement of the Linn County Courthouse, but, hey. The State will pay me for it.

It’s time for more Iowa Supreme Court fun…

So, four new opinions today. One of them is per curiam and will not be published because it’s a sister case to another. My take:

Cemen Tech, Inc v. Three D Industries, LLC – If you’re going to steal someone’s trade secrets, wait a while before you actually start to use them. That way, it will look like you reverse engineered everything and you won’t be found liable.

State v. Fremont  (and State v. Nelson) – If you’re an attorney and a magistrate, don’t sign a search warrant that allows the police to enter the home of an opposing party in a child custody case. Nothing can save the warrant, and it just makes you look bad. As far as the sister case goes, do you think the Defendant feels bad because her name won’t be on the published case? I kind of doubt it.

Iowa Supreme Court Disciplnary Board v. Newman – Don’t forge a judge’s signature on an order, even if the judge had agreed to sign it. I didn’t know I needed to be told this.

That’s all for today, folks. Have a good weekend.