MEETING INFO: The October meeting of the Linn County Bar Association will be held Thursday, October 21, 2010, from 12 – 1 p.m.   at the Cedar Rapids Museum of Art on Third Avenue SE across from Greene Square Park   The meeting room is located on the third floor. Parking is available behind the building on the Second Avenue side.

SPEAKER:   The speaker  will be  Judge Van Zimmer of the Iowa Court of Appeals.   He will be speaking on the upcoming judicial retention election, including addressing these questions.   What do we need to know about the upcoming election and merit selection of judges?   Why should bar members care about this issue?   How can we advise laypeople or friends and family?
GUESTS:   We realize the topic of this month‘s bar meeting presentation is of interest and importance to more people than simply our members.   Please feel free to bring guests — whether lawyers or not — to this meeting.   We simply request that you RSVP the numbers of guests you are bringing.

LUNCH & RSVP INFO:   Lunch will be catered by Kristeena‘s.   The cost is $7.   RSVPs are required only if you plan to attend.     Rebekah Isbell, assistant to LCBA Attendance Chair Corinne R. Butkowski, will send all LCBA members a RSVP-request email next week.   Please respond to Rebekah’s email by 2:00 p.m. on Tuesday, October 19, 2010.     Make sure to RSVP if you are attending so that we order sufficient food from the caterer.    Also, if you DO  RSVP but discover last minute you cannot attend, please try to send one of your colleagues in your place.    We have had trouble ordering the correct quantity of food  for our meetings  because members often fail to RSVP and then show up for the meeting, or RSVP but do not attend.   Unfortunately, the number of members  in these two categories often invariably do not even out, resulting in us running out of food sometimes  (which isn’t fair to those in attendance) or ordering too much food thereby wasting both food and bar association money.


The Linn Law Club will be holding a social get-together at The Vine in Coralville on Wednesday, October 13.     Festivities will start at 5:30 p.m.   This event is being co-sponsored by the Linn Law Club, the Iowa State Bar Association Young Lawyers Division‘s membership committee and the Johnson County Bar Association Young Lawyers Division.   The Vine is located at 39 2nd Street, Coralville.

Appetizers and refreshments will be provided.   No RSVPs are needed.   All members of Linn Law Club, or anyone who would like to join Law Club, are invited and encouraged to attend. The Linn Law Club is open to all attorneys 35 and under, or who have been  in law practice less than 10 years.

Any questions? Contact Law Club President Lou Ebinger at Louis_Ebinger@ianb.uscourts.gov.

The University of Iowa Mock Trial team is seeking volunteers to act as mock trial judges for its 10th Annual Cornshucker Challenge November 13 and 14. The Cornshucker Challenge is one of the longest-running and most competitive undergraduate Mock Trial tournaments in the nation. This year’s tournament will feature 30 teams. There will be representatives from schools nationwide such as University of California-Berkley, Washington University in St. Louis, and Northwestern University, as well as Iowa schools such as Cornell College, Drake University, and Loras College.
The tournament will be held on the

University of Iowa Campus at the English and Philosophy Building on Iowa Avenue. On Saturday, November 13, Round 1 is at 10:00 and Round 2 is at 3:00. On Sunday, November 14, Round 3 is at 9:00 and Round 4 is at 2:00. No trial experience is necessary, as there will be a judges meeting 30 minutes before each round to go over the rules and format of a College Mock Trial round, and on both Saturday and Sunday we will provide breakfast and lunch for our judges.

If you can judge for any of these rounds, please contact Iowa Mock Trial President Vincent Geis at judging.shucker@gmail.com or 515-341-2747 with the day(s) and round(s) you’d like to judge.

Cedar Rapids Mayor Ron Corbett will be the speaker at the LCBA‘s November meeting,

Thursday, November 18, 2010.

The Linn County Bar Association 2011 Bench-Bar Event will be held Thursday, January 6, 2011 at the Cedar Rapids Museum of Art, Carnegie Library (main level).      More information will be announced closer to the event.


LCBA President Stephanie Hinz is currently making Committee appointments for the 2010-2011 term.    Committee service is a great way to give back to your Bar and get to know members other members.   The LCBA has the following Standing Committees:   Attendance, Ethics and Grievance, Membership and Admissions, Summer Outing, Summer Outing-CLE, and Title Standards.   There are also several Ad Hoc Committees, including Bench/Bar, Family Law, Fee Mediation, History, Law Day, Program, Public Relations, Technology, and Visitation and Memorial.   Committee member lists can be found on the LCBA website by clicking here:   https://www.linncobar.org/?page_id=22.

If you would like to serve on a specific Committee, please contact Stephanie at shinz@pbalawfirm.com or 366-7621.

Please click on this link for a list of recent Amendments and New Rules:   http://www.iowacourts.gov/Court_Rules_and_Forms/Recent_Amendments__New_Rules/


Did you know the Linn County Bar Association publishes each day’s court schedules for Linn County District Court, Associate Court and Small Claims/Traffic court?   Just head over to the LCBA website at www.linncobar.org and click on “Court Schedules & Info” at the top.   This section of the website also has links to judge assignments, local Orders and contact information for the court.


Nicholas J. Kilburg has joined the Pickens, Barnes and Abernathy law firm as an associate attorney.   He graduated cum laude from Carleton College in 2006 with a B.A. in International Relations and received his J.D. from the University of Iowa College of Law in 2010.

Rush & Nicholson, PLC announces that Nate Willems and Naeda Erickson have joined the firm. Mr. Willems graduated from the University of Iowa College of Law in 2007 and practices in labor and employment law.   He is also representative for House District 29.   Ms. Erickson graduated from the University of Iowa College of Law in 2010 and practices in workers‘ compensation and employment law.

Shuttleworth & Ingersoll, P.L.C. is pleased to announce the addition of Cynthia M. Boyle as an associate attorney.   Ms. Boyle graduated with Distinction from Iowa State University in 2003 with a B.S. in Accounting and B.S. in Finance and received her J.D. degree with Distinction from The University of Iowa College of Law in 2010, where she was awarded with the “Future Leader of the Iowa Bar” award from the College of Law and the Iowa State Bar Association Outstanding Iowa Graduate Award. Ms. Boyle plans to have a general practice including but not limited to taxation, estate planning and estate administration, and general business matters.

Nyemaster, Goode, P.C. welcomes Frances M. Haas as an associate in the firm’s Litigation Department.   Ms. Haas previously served as a Law clerk to Chief Judge Linda Reade in the United States District Court for the Northern District of Iowa, and is a former litigation associate from Michael Best & Friedrich LLP. Ms. Haas graduated from the University of Iowa College of Law with high distinction and received her bachelor’s degree in French from the University of Northern Iowa, where she graduated first in her class.

*TRANSITIONS is a NEW section of the Scriptum!   If you would like to announce your law firm firm comings and goings, new office locations, attorneys named to partnership, or whatever your “NEWS” is, please let us know and we will put it in the Scriptum.   Submissions should be sent to webmaster@linncobar.org.


If you would like to publicize open attorney positions or available    law office space in your building, let us know and we will publish it here. Contact webmaster@linncobar.org.   We will run your “Want Ad” for three (3) consecutive Scriptums.   If your space  or employment needs are met during your three-month Ad run, though, please drop us a line so we know to  delete your Want Ad from future issues.


As a service to the legal community, Legal Support Professionals of Linn County (“LSPLC”) will publish your “help wanted” ad in its monthly publication, Behind the Bar.   The organization will e-mail the ad to its members, who in turn may know of someone looking for work in the legal community.   If you have questions about this service, or if you would like to publish an ad in Behind the Bar, the monthly newsletter of LSPLC, please contact Mickala Anderson, Employment Committee Chair, at 355-4292, fax 355-8371; or manderson@Aegonusa.com

Kirkwood Community College offers an online Employers Services, available at no charge, 24 hours a day, 7 days a week.   To learn more about this topic, call 398-5689 or go to jobs@kirkwood.edu.


Did you know contact information for all LCBA members is available to the public via the LCBA website   at www.linncobar.org? However, some of the contact information listed on the website is out of date! Please take a minute to view the information listed for your name at www.linncobar.org/directory/attorneys/index.html and let the LCBA webmaster know if any changes need to be made.     If you have a new address, please notify the LCBA at P. O. Box 74127, Cedar Rapids, IA 52407-4127, or via e-mail at webmaster@linncobar.org.


Membership in the LCBA is open to lawyers admitted to practice in Iowa and who live or work in Linn County.   Click here for our LCBA Membership Application form.     Membership in the LCBA is free the first year of membership.   Annual base membership dues for all others are as follows:

– Attorneys who have practiced for fewer than 5 years: $95
– Attorneys who have practiced for 5-49 years:   $125
– Attorneys who have practice for 50 or more years:   $0
– Attorneys over age 65 but no longer in practice:   $75

Annual dues invoices for 2010-2011 will be sent to members shortly.   Payment of dues should be sent to Linn County Bar Association, P.O. Box 74127, Cedar Rapids, IA 52407.

** Total dues amount to be remitted above does not include a voluntary $100 contribution per member for law-related charitable contributions and endowments made on behalf of the LCBA.


Here is a list of dates for Linn County Bar Association meetings and other activities for 2010-2011:

BAR MEETINGS (12-1 p.m. @ Cedar Rapids Art Museum) & other LCBA EVENTS:

** NO bar meeting in August **
Bar Meeting: Thursday, September 16, 2010
Bar Meeting: Thursday, October 21, 2010
Bar Meeting: Thursday, November 18, 2010
** NO bar meeting in December **
** December ethics CLE date TBD**
** Bench/Bar Conference usually set first week in January**
Bar Meeting: Thursday, January 20, 2011
Bar Meeting: Thursday, February 17, 2011
Bar Meeting: Thursday, March 17, 2011
Bar Meeting: Thursday, April 21, 2011
** May “meeting” is a noon Kernels game, date TBD**
Bar Meeting: Thursday, June 23, 2011 (Note: This is the 4th Thursday of the month).
** Summer Outing first/second week July , date TBD**


In accordance with the provisions of Section 535.2(3)(a), 2009 Iowa Code, the Superintendent of Banking has determined that the maximum lawful rate of interest provided for in said section shall be 4.75% for the month of  October.   Please note the exemption in subsection 2 of said Chapter 535.2.   The usury rate is available at www.idob.state.ia.us.


As a fun, new service to our members, we will be publishing monthly restaurant reviews written by two of our very own members.   Enjoy this month’s reviews!   Also, if you would like to suggest a new heading for this section of our newsletter … i.e. better than “Restaurant Reviews”…. please email us with your suggestion.   The LCBA member who submits the best  heading entry will be awarded FREE entry to the October 21 bar meeting.   Submit your suggestions to webmaster@linncobar.org by October  19  .


a review by Gene the Critic

THE BISTRO AT DALY CREEK is an Italian restaurant located at 104 N Ford Street in downtown Anamosa. They are open for lunch and dinner every day except Monday. Prepare yourself for a real dining experience. The chef knows how good food should be

prepared and served.

An Italian meal should always start with good wine. They make their own wine at the Daly Creek Winery and it is very good. I selected the “Penitentiary Red” (actual name of the wine) and it is tasty. We then ordered the Bruschetta as an appetizer. The toasted baguettes were the right temperature and there was just enough bruschetta to cover the

12 baguettes. Perfect. Then I ordered Twelve Layer Lasagna. The presentation was excellent, the food temperature just right and the taste was great. My wife had the Italian Meatballs which included a cabernet marinara sauce over the fettucini and meatballs. I had a taste and it was very good.

We then finished with the Tiramisu. This is made from scratch by the Chef and it is terrific. If you are looking for a really good Italian meal, this is the place. The service is very good and the atmosphere is similar to a small Italian restaurant on a street corner in Rome. The Bistro at Daly Creek is turning into one of our favorite dining places.