ISBA - Iowa State Bar Association

08/01/2024 | News release | Archived content

President's Letter

I extend my heartfelt thanks to each member of The Iowa State Bar Association who attended the 2024 Annual Meeting. The event celebrated ISBA's rich 150-year history, provided valuable CLE, and allowed members to engage, laugh, and share stories. I am equally grateful for the well wishes and advice from ISBA members and past bar presidents regarding the priorities that I have set as bar president. Work on some of those priorities began even before the annual meeting.

At the annual meeting, the Board of Governors authorized the creation of the Civil Rights and Public Interest Law Section. This new section will support civil rights and public interest law attorneys and provide for networking, education, and collaboration across a variety of practice areas, including housing, disability law, election law, government benefits, children's rights, gender equality, consumer rights, first amendment, and privacy law. The section will provide a platform for members to meet, discuss, and exchange ideas. The section's purpose aligns with the ISBA's mission to support members, their clients, the community, and the judicial system. The section will be chaired initially by ISBA Past President Henry Hamilton III. Members interested in serving should contact Judge Hamilton or the ISBA office.

I am pleased to announce that the Solo and Small Firm Section is preparing to host practical webinars, CLEs, and other programming in the fall. Section Chair Matthew Nuzum has begun to informally poll ISBA solo practitioners about practical topics, listserv use, solo and small firm section engagement, and a solo and small firm conference in 2025. I encourage ISBA members to join the section's listserv to participate in these meaningful conversations about law practice management, referrals, ISBA resources, and CLEs.

ISBA members are highly encouraged to contact district legislators over the coming months in support of an increase in the indigent defense contract rate in 2025, full funding of the courts, and legislative funding that aids the delivery of legal services to Iowa's poor and vulnerable populations. The 2024 campaigns for statewide office are underway, and the 2025 Iowa legislative session begins five months from now. At the annual meeting, the ISBA legislative team reported that 16 Iowa legislators are not seeking re-election, and another 49 legislators seeking re-election were unopposed as of June. The vitality of the ISBA legislative program depends on support from both chambers of the Iowa General Assembly. As a reminder, the ISBA's affirmative legislative program has long included advocacy for full funding of indigent defense with a substantial increase in the contract rate, full funding of the judicial branch, and support for executive, legislative, and judicial policies that lead to the reduction of the cost of legal education and student loans for ISBA members. I also encourage ISBA members to review the ISBA's standing legislative positions that comprise the ISBA's affirmative legislative agenda so that each member is even better able to advocate for the best interests of the ISBA.

As has been stated by ISBA presidents before me, the ISBA continues to advocate for a much greater increase in the hourly contract rate. ISBA leaders and executives are aware of member sentiment that the recent $3 increase in the indigent defense contract is welcomed along with the new exclusion of drive time from the maximum number of contract billable hours. Yet, the compensation increase falls short of the base contract rate members say would likely lead to a marked increase in the number of contract attorneys across the state. The $3 increase in the base rate to $76 and the identical increase to $86 for class "A" felonies and $81 for class "B" felonies all are less than the hourly compensation rate paid to attorneys in our neighboring states and federal system. It is generally acknowledged that low hourly compensation is a barrier to more attorneys electing to take on indigent defense cases. As ISBA members, we must continue to remind our elected representatives of the state's obligation to provide court-appointed counsel in criminal defense cases as set forth in the Sixth Amendment. Without significant, additional indigent defense funding and contract attorneys, the state risks being unable to meet its obligation to provide appointed legal representation in criminal cases.

ISBA members are also asked to contact their elected representatives about the dearth and decline of attorneys in the more rural areas of the state over the past 10 years or more. There appears to be legislative interest to reverse the trend. For example, House File 2689, which failed to pass both chambers in the 2024 legislative session, called for the creation of a rural attorney recruitment assistance program. The ISBA will continue to work in support of the reintroduction of a similar bill or bills consistent with the ISBA affirmative legislative program.

Now that the bar year has begun, the bar executives and officers will meet in August to prioritize and develop strategies for the bar agenda. In the July 2024 President's Letter, I identified priorities for my 2024-2025 presidential year along with long-term objectives. I invite you to read about those priorities in the June 2024 issue of The Iowa Lawyer. Over the next few months, I will report on the progress of these priorities while addressing topics that are of great concern to our members.

Please join me in commending the ISBA staff, the Annual Meeting Committee, and other volunteers for organizing the annual event, managing program logistics, and accommodating program changes. Their work reminds members of the value that the ISBA provides. I encourage you to continue to be engaged by renewing your membership, joining, and participating in a section or committee, contributing to the update of an ISBA law practice manual or guide, and taking part in Build the Bar, a new attorney mentorship program led by dynamic YLD leaders. I also encourage you to dream and actualize what the ISBA can and should do to improve the legal profession, the communities served by Iowa lawyers, and our outstanding state courts.

Thank you for your dedication and support to the legal profession and the ISBA.

Melvin O. Shaw

The Law Office of Melvin O. Shaw, P.L.C.

[email protected]

319-337-7429