Class Notes 1/31/17

Pick judge from Story County and study them.

Story County is in District 2B

Ballotpedia – Story County, IA

District Judges:

Thomas Bice, James Ellefson, Timothy Finn, John Haney, James McGlynn, Gary McMinimee, Michael Moon, Steven Oeth, William Ostlund ,Kurt Stoebe.

I pick Michael Moon – follow this link: Link

Summary of chapter for class: Chapter 8 for the Iowa State Bar Association – Media Guide

What it is about? Expanded media coverage:

  • The normal rule for cameras in the court room are described in chapter 25 of the Iowa Court Rules
  • 2014 there was an amendment which changed what type of electronics reporters may use in the courtroom
  • The court has full authority to hold court however it see’s fit to have justice served for both sides
  • Iowa is one of the first states to allow extended media coverage or EMC in the courtroom.
  • All 50 states now allow some form of EMC
  • The state has been divided into 14 different regions
  • For each region there are regional coordinators to free up requests for media coverage so a clear and concise message is coming out of the court room from then on is dispersed to various news outlets (at least at their disposal).
  • Court rules the amount of equipment allowed in the court room – up to their decision at the time
  • This is mostly happening for trial hearings – smaller trials usually have no such rules or the interest of the news outlet is not alive and well.

SUMMARY OF CHAPTER 8: 

For more than 30 years, cameras and other pieces of equipment have been allowed in the court room but it wasn’t until recent that an amendment to chapter 25 of the Iowa Court Rules came to life. In 2014, it was officially set in stone for extended media coverage or EMC in trial hearings only upon approval from the court itself. From there, 14 different regions were created in Iowa to help clean up the approval process of having an EMC on regular trial hearings. A regional coordinator is in charge of each region and can approve/disapprove of an EMC faster than one centralized manager. This is an additive to the ongoing process of judicial reform for which Iowa has led the charge of one of the first states to adopt these policies.

 

Iowa Supreme Court Opinion Archives – March 19th, 2010

Iowa Supreme Court Attorney Disciplinary Board

vs.

Jesse M. Marzen

Appeal and cross-appeal from grievance commission decision finding respondent disclosed privileged information, but did not engage in a sexual relationship with a client. LICENSE SUSPENDED.

Link for this opinion

“The unequal balance of power in the attorney-client relationship, rooted in the attorney’s special skill and knowledge on the one hand and the client’s potential vulnerability on the other, may enable the lawyer to dominate and take unfair advantage. When a lawyer uses this power to initiate a sexual relationship with a client, actual harm to the client, and the client’s interest, may result. Such overreaching by an attorney is harmful in any legal representation but presents an even greater danger to the client seeking advice in times of personal crisis . . . .” PAGE 19

IV. Conclusion.

We suspend Marzen’s license to practice law with no possibility of reinstatement for a period not less than six months from the date of the filing of this opinion. This suspension applies to all facets of the practice of law pursuant to Iowa Court Rule 35.12(3). Upon application for reinstatement, Marzen shall have the burden to prove he has not practiced during the period of suspension and that he meets all the requirements of reinstatement provided in Iowa Court Rule 35.13. Costs of the action are taxed against Marzen in accordance with Iowa Court Rule 35.26(1).

NEXT CASE: 

IN RE THE MARRIAGE OF RICHARD C. MAUER AND CAROL K. MAUER,

RICHARD C. MAUER vs. CAROL K. MAUER

Both parties seek further review of the financial provisions in their

dissolution decree. Pursuant to our discretion to consider issues raised on further review, we let the court of appeals decision stand with respect to the property distribution, child support, life insurance, and appellate attorney fees. We do find, however, that the spousal support award by the district court was too low and the spousal support award as modified by the court of appeals was too high. Accordingly, we modify the spousal support award in the dissolution decree as set forth in this opinion.

FROM POWERPOINT

State of Iowa vs. Mark Becker

Allison, Butler County Court June 2009

ESPY’s – Watching documentary

Parkersburg

“What does it all mean?” Video shown in class

Transitioning into what happened to Mark?

Link

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