Spring Board of Governors meeting focuses on collaboration in the legal community

The Iowa State Bar Association Board of Governors (BOG) conducted its quarterly meeting on March 22 at the ISBA Building. The ISBA is governed by a 47-member board with authority to formulate and adopt matters of policy concerning the association's activities. There are 41 board members elected from each of the state’s 14 judicial election districts. ISBA officers (president, president-elect, and vice president) and YLD officers (president, president-elect, and secretary) are also voting board members. 
Dialogue with the Iowa Supreme Court, Chief Justice Susan Christensen 
Iowa Supreme Court Chief Justice Susan Christensen was accompanied by State Court Administrator Bob Gast and Counsel to the Chief Justice Molly Kottmeyer. Chief Justice Christensen discussed the contract attorney crisis, stating that it has been months in the making and that there was no better time than her Condition of the Judiciary speech in January to publicly comment on the topic. Reiterating the reason for the shortage, the chief justice is supportive of an increase in the contract attorney’s hourly rate and reimbursement for “windshield” time. She also encouraged attorneys not to shy away from different subject matter cases than their main area of law and summarized, “If every lawyer took one case, the crisis could be averted.” She said that the state can no longer look the other way due to the constitutional nature of the issue and statutory obligations. The crisis seems to be having the worst impact in District 7, Scott County.
The concern is that cases could start getting dismissed. The judicial branch is open to ideas and looking for help with the problem. Chief Justice Christensen was looking forward to taking the court on the road to Perry on April 5 and explained how there typically seems to be much better participation in rural areas. She additionally shared that there were a huge number of volunteers who responded to the call for service on the newly-formed Remote Proceedings Task Force, and one of the main goals of the task force will be to create consistency throughout the state. On Oct. 13, 2022, the Iowa Supreme Court adopted the revised Chapter 2 Iowa Rules of Criminal Procedure that will go into effect on July 1.

Dialogue with Iowa Attorney General, Brenna Bird
Iowa’s new Attorney General Brenna Bird and Chief Deputy Sam Langholz were in attendance. Bird spoke to the board and mentioned the uniqueness of the experience, as the chief justice was the judge who presided over her first jury trial. She emphasized the importance of building relationships and recognized that the court-appointed attorney crisis affects prosecutors as well. Attorney General Bird looks forward to traveling throughout the state and connecting with Iowans. She also brought up her concerns for the condition of rural practice, as many lawyers in the state are starting to retire. Bird expressed her appreciation for the graciousness of former Attorney General Tom Miller throughout the transition. 
President’s Report, President Henry Hamilton III 
ISBA President Henry Hamilton III reminded the group of the three purposes set forth for the meeting: 1) fellowship; 2) to set policy and provide guidance; and 3) for BOG members to take and distribute information back to members in their corresponding districts. President Hamilton provided updates on the new ISBA Member Assistance Program which provides all ISBA members free access to certified counselors by calling 1-800-327-4692 for mental health, stress, grief, financial counseling, and more through a partnership with Employee & Family Resources. He reported that the ISBA CLE program is running strong, and he participated in a Black History Month CLE with a focus on the Fourteenth Amendment. President Hamilton noted that in December, the ISBA hosted the Kenyan delegation at the ISBA Building and “A Monumental Journey” sculpture. ABA Day was held in Washington, D.C. from March 27-29 and President Hamilton was in attendance along with other ISBA delegates. The U.S. Supreme Court group admission ceremony will be taking place in Washington, D.C. on May 25. He also reported that the ISBA legislative program was doing well even with the setback of medical malpractice caps being approved. The ISBA has taken steps to simplify participation in the process and engage more members. Dan McKay continues to work with the legislative team to lobby against Senate File 228, limiting non-economic damages for those injured by commercial motor vehicles. 
President Hamilton also addressed the indigent defense crisis, stating that this was not just an attorney problem but a state problem. Attorneys alone cannot resolve this issue. 
President Hamilton reported the creation of an ad hoc committee on public interest law. The ad hoc committee will review and report to the Scope & Correlation Committee whether a committee or section is needed in which members who are interested in public interest law, both federal and state, can meet for discussion and exchange of ideas, review proposed legislation, conduct CLE, and study and report on developments in public interest law to better enable its members to practice effectively in this field. Public interest law is defined broadly as legal practice in the service of otherwise unrepresented or underrepresented persons or interests and is wide-ranging, encompassing subjects including, but not limited to civil rights, constitutional rights, civil liberties, environmental protection, First Amendment rights, consumer protection, housing, poverty, sexual identity rights, education, election reform, death penalty, rights of criminal defendants, children’s rights, and disability issues. According to the resolution, the committee will dissolve in 2024, unless further extended by the board of governors. A motion was made, seconded, and approved this ad hoc committee. The motion carried with one dissenting vote. 
Resolution: Confirmation of Iowa Legal Aid Board members
The Iowa Legal Aid bylaws provide that the ISBA appoints its attorney members, and the ISBA president makes those appointments subject to the ISBA Board of Governors’ approval. Iowa Legal Aid suggested that the following attorneys be appointed. President Henry Hamilton III has studied the recommendation and endorsed making the following appointments, subject to the board of governors’ approval: Karen Shaff, Des Moines; Timothy Krumm, Iowa City; Michael Mahaffey, Montezuma; Steven Bradford, Muscatine. The ISBA Board of Governors approved the appointment of these four individuals to the Iowa Legal Aid Board of Directors. A motion carried without dissent.

Ways and Means Committee Report, Alan Olson
Chairman Alan Olson addressed the board regarding ISBA financial reserves policy. Olson reported that the ISBA reserve policy was last updated in 2013, and most of the recommended changes were made to clarify the various fund names and balance requirements to account for inflation. The operating fund consists of funds collected for current-year operations and is being renamed to the annual operating fund. The reserve fund includes funds held for emergencies when the annual operating funds are insufficient to meet the organization’s needs and is being renamed to the operating reserve fund.
The committee also recommends increasing the operating reserve fund target balance from six to nine months. Doing so will ensure that the ISBA can meet its obligations in the event of an emergency or
another pandemic. The building reserve fund target proposed increase was $2.4 million to account for inflationary costs and ensure the ISBA Building can be maintained for the next 30 years. The policy changes were discussed, and one amendment to the investment authority of the policy was requested to include the Administrative Committee along with the Ways and Means Committee. A motion carried without dissent.
Mr. Olson presented the Ways and Means Committee’s proposed 2023-24 budget to the board for consideration. The proposed budget anticipates a 4.5% increase in income and a 4.8% increase in expenses. 
Nominations for president-elect, vice president, ABA delegate 
President Hamilton called for nominations for president-elect, vice president, and ABA delegate of The Iowa State Bar Association. For the 2023-2024 fiscal year, Melvin Shaw of Coralville was the sole nominee for president-elect; Kathy Law of Des Moines was the sole nominee for vice president; Jane Lorentzen of Des Moines was the sole nominee for ABA delegate. ISBA members will vote on the nominees for president-elect, vice president, and ABA delegate before the annual meeting in June. Per ISBA bylaws, the president-elect automatically transitions to president in the subsequent term. 
Immediate Past President’s Report, Anjie Shutts
Immediate Past President Anjie Shutts provided the board with a brief update on two initiatives she has been overseeing, including ethics opinions and hiring a DEI director. Historically the Ethics Committee has provided formal ethics opinions to members who have requested one. However, the committee sees a greater need to provide ethical advice on day-to-day issues that members encounter. Even though it is not advertised, Ethics Committee Chair Nick Critelli has been serving as an ethics counselor to members fielding approximately 10 calls weekly to address various issues, including conflicts of interest. The Ethics Committee continues to evaluate its role and will make recommended changes in the future. Past President Shutts also provided a status report on hiring the ISBA director of diversity and inclusiveness. The DEI position was approved over a year ago, and the job listing went public in December 2022. Twelve candidates applied for the position, and the committee narrowed their decision to two candidates. The committee met on March 24 to make a final decision.

YLD President’s Report, Kyle Fry
YLD President Kyle Fry reported on the activities of the YLD. A delegation of YLD leaders attended ABA meetings in New Orleans and Austin. The YLD survey results continue to be reviewed, and a series of articles has been written for The Iowa Lawyer magazine. Other items mentioned include the second year of the DEI pledge launched on April 1, YLD fundraising activities continue with the annual pieing of the president at the annual meeting, and the YLD quarterly meeting was held on April 7 in Sioux City.

Legislative Update, Jim Carney
Jim Carney provided a brief status report on the ISBA’s legislative program. The sentiment was that except for a bill limiting awards on non-economic damages for medical malpractice to $1 million, the ISBA is having a good year legislatively. He reported that the Iowa Association for Justice and the Iowa Motor Truck Association had agreed on an amendment to Senate File 228, increasing the limits on damages for each plaintiff from $1 million to $5 million for each defendant. With this change, the legislative team believes the bill is likely to pass, and the recommendation was for the ISBA to change its position on this specific bill to neutral. A motion was made and seconded, allowing legislative counsel to switch the ISBA’s position from opposed to neutral. The motion passed with one dissenting vote.
Jim provided a brief update on a few additional pieces of legislation. Regarding the judicial nominating commission bill, the Senate approved the removal of a judge from the commission, but the bill appeared to be stalled in the House. Also reported at the time was that the joint physical care bill was not dead but had stalled. 
ISBA Executive Director’s Report, Dwight Dinkla 
Dwight Dinkla provided a brief report outlining several items of interest to the board, including an ABA House of Delegates Report and the upcoming release of an appellate practice manual, anticipated to be available in the second quarter of this year. He shared that the 2023 ISBA Annual Meeting will be at the FFA Enrichment Center in Ankeny, June 20-22. Also, the ISBA Member Assistance Program continues to be available for all members for immediate connection with a certified counselor at 1-800-327-4692.Collins Community Credit Union will be purchasing a portion of land behind the ISBA Building, and the closing is expected to be complete in early summer. There is a road resurfacing project expected to begin in late 2023 or early 2024 that will occupy East Court Avenue surrounding the ISBA Building. Bar staff provided member service presentations to multiple classes at Drake University School of Law this spring. ISBA delegates will be on the road again with leadership scheduled to meet with Linn County Bar. Dinkla also commented on and paid respect to the passing of George Madsen and ISBA Past President Marv Berenstein.
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Iowa State Bar Foundation, Jane Lorentzen
Foundation President Jane Lorentzen thanked the ISBA for their support and reported that the Foundation Board met recently to award grants for 2023-2024. Overall, grant requests are increasing, but the foundation was able to award $98,500 in grants to support worthwhile law-related projects that enhance the profession and the practice of law in the state and serve the public through education of the legal system. The next ISBA Board of Governors meeting will take place on June 21 during the ISBA Annual Meeting.