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ISBA Electronic News
ISBA Week in Review
May 20, 2005
Hi !
In this issue, you'll read:
132nd ISBA Annual Convention & Meeting
Join The Iowa State Bar Association at the 2005 Iowa State Fair
New Laws Affecting Fee Claims to State Public Defender
132nd ISBA Annual Convention & Meeting
You won't want to miss this year’s Annual Convention & Meeting June 22nd through 24th!“Discover A World of CLE”
This year’s convention offers over 30 hours of continuing legal education topics for you to choose from to earn your 15 hours of CLE credit.In addition to the top quality presenters from within the Bar Association, nationally known speaker Professor James McElhaney will present “A Day in Discovery.” McElhaney is a much sought after speaker. He is the most widely read author on trial techniques in the country and his award-winning column, “Litigation” appears in the American Bar Association Journal. Professor McElhaney will do a two-part presentation during the Annual Meeting. On Thursday afternoon, June 23rd he will present Discovery Part I to a joint session of lawyers and judges. His presentation concludes on Friday morning and will focus on techniques for lawyers. Section/Committee/Division Organizational Meetings
Wednesday morning, June 22nd has been set aside during the ISBA Annual Meeting for organizational meetings for the various sections and committees of the bar association. The primary purpose of the organizational meeting is for chairs to hold their first meeting to plan the direction and activities of the section/committee/division for the coming year. Notices for these organizational meetings will be e-mailed to all members around May 27th. More information will also be on the Bar website as soon as the schedule is finalized. Other Activities to be held during the Annual Convention/Meeting - Board of Governors Meeting (June 22 & 23)
- President’s Reception and Awards Dinner featuring the Award of Merit (June 22)
- President’s Luncheon Honoring the Iowa Supreme Court and ISBA-Public Service Project Pro Bono Award Recipients (June 23)
- President’s Luncheon Honoring the 50-Year Members and Outstanding Law Student Award Recipients (June 24)
Where else can you earn 15 hours of CLE credit, honor the 50 year members of the Bar Association, find out who has received the Bar’s highest honor—the Award of Merit, and have lunch with a Supreme Court Justice?Additional information
Join The Iowa State Bar Association at the 2005 Iowa State Fair
This is a casting call for volunteers from across the state to staff the new and improved ISBA booth at the 2005 Iowa State Fair! Join us from August 11th through the 21st at the ISBA booth in the Varied Industries Building, where this year’s booth will feature informational materials for the public, video presentations and a drawing for a big screen TV! Our booth was such a great success last year, we have doubled in size to bring more information and more resources to the public in a comfortable and air-conditioned setting! We need attorney volunteers to staff the booth from 9-9 each day of the fair. Over 100 attorneys volunteered their services last year--- we would like to see you again, and some new faces as well. Help put a face on your Iowa State Bar Association by bringing your smile to our table. Volunteers will receive complimentary tickets to the Iowa State Fair and a snazzy ISBA polo shirt.
We hope to have another great turnout this year among the bar staff for food, fun and good times at the State Fair! Bring your friends and family to “America’s Favorite Fair… Right in Your Own Backyard”. The booth is a joint project of the Civics Committee and the Public Relations Committee of the ISBA. Please contact our coordinator, Brett Toresdahl at isbavlp@dwx.com or call 800-325-2909 for more information.
New Laws Affecting Fee Claims to State Public Defender
Claims for Alleged Parole Violations and Ch. 600A Terminations Now PermittedHouse File 683 has been passed by the Iowa General Assembly and signed by the Governor. HF 683 is effective immediately and includes two provisions important to lawyers filing indigent defense fee claims, both in response to Iowa Supreme Court decisions. Watch the State Public Defender website (www.spd.state.ia.us) for emergency rules implementing HF 683.Parole Violations. HF 683 returns responsibility for fee claims for representing indigent alleged parole violators to the State Public Defender. In 2002, the General Assembly had amended the Iowa Code to deny alleged parole violators a right to appointed counsel, and barred SPD from using its appropriations to fund such representation. In Pfister v. Iowa Dist. Court, 688 N.W.2d 790 (Iowa 2004), the Iowa Supreme Court held that amendment unconstitutional to the extent it conflicted with the U.S. Supreme Court’s decision in Gagnon v. Scarpelli, 411 U.S. 778 (1973), which delineates the right to counsel in parole revocations. However, the Iowa Court upheld the bar against using SPD appropriations for this purpose. HF 683 removes that bar.Ch. 600A Termination of Parental Rights. In May 2004, the Iowa Supreme Court found a denial of Equal Protection in the State’s provision of appointed counsel for respondents in State-initiated TPR actions, but not for respondents in privately initiated TPRs under chapter 600A of the Iowa Code. In re S.A.J.B. 679 N.W.2d 645 (Iowa 2004). HF 683 provides a process for appointing and paying counsel for indigent respondents in 600A TPRs. HF 683 requires both the petitioner and respondent to be indigent before respondent’s counsel is appointed at State expense. Fee claims will be submitted to the State Public Defender for review and payment from the Indigent Defense Fund. The Judicial Branch will reimburse the Indigent Defense Fund on a quarterly basis.If anyone has questions about these provisions or any other aspect of the indigent defense fee claim process, please don’t hesitate to call the State Public Defender’s Office.
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