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11 News Bull. 1 (1951)

handle is hein.barjournals/ialaw0011 and id is 1 raw text is: NEWS OF BULLETIN The Iowa State Bar Association Vol. XI, No. 1 1101 Fleming Building, Des Moines 9tiowa January, 1951 BAR FOUNDATION TO FINANCE AMERICAN CITIZENSHIP PROGRAM Citizenship Award To Be Made in Schools The Iowa State Bar Foundation is joining the Iowa State Bar Association in the Amer- ican Citizenship Award Program, the Head- quarters Office has been informed. As stated in the September issue of THE NEWs BULLETIN, the American Citizenship Committee of the Iowa State Bar Association has embarked upon a program of. making an award to the member or members of the grad- uating class in participating high schools of the state, who has or have shown outstanding qualities of citizenship and understanding of our form of government. The manner of se- lection is left entirely to the high school or- ganization, and the standards for making the award are determined by the participating school. The American Citizenship Committee, in co- operation with the Iowa State Bar Association, has carried the program to schools all over the state, and at the present time nearly one hun- dred schools in various counties of the state have indicated that they will take part. It is planned that the award be given in the form of a medal, which will carry the fact that it is being presented by the Iowa State Bar As- sociation and the Iowa State Bar Foundation, presentment to be made by the president of the local bar association, a member of the Amer- ican Citizenship or Public Relations Commit- tee or some other attorney, at the time of graduation, on behalf of the Iowa State Bar Association and the Iowa State Bar Founda- tion. The foundation will bear the expense of the medals, and it is also planned to accom- pany the medal with a scroll reciting the name of the winner and signed by the officers of the association and the foundation. The foundation, in embarking upon this pro- gram with the association, believes that it is performing a very real service in the public interest and also in the field of public rela- tions for lawyers. The Board of Governors of the association and the Advisory Board of the foundation feel that if every high school stu- dent could be made to understand that the government of the United States belongs to the people and that the Constitution of the United States is the contract between the people and their government, there would be in existence in our Nation a great new force in the support of democracy. The purpose of the American Citizenship Award is to keep be- fore high school students and their instructors this one clear idea. The State Department of Public Instruction has been contacted with respect to the pro- gram, and it is believed that the American Citizenship Award of the Iowa State Bar As- sociation and the Iowa State Bar Foundation will prove to be one of the most worth while and outstanding activities ever undertaken. BOARD OF GOVERNORS IN SPECIAL MEETING CONSTITUTIONAL AMENDMENT RECOMMENDED The Board of Governors of the Iowa State Bar Association met in a special meeting in Des Moines on Wednesday, January 17, 1951. At this special meeting, the board considered all the legislative proposals submitted by the various committees of the association and also by individual members thereof. One of the most important matters of pro- posed legislation to be considered by the board was the report of the Special Committee on Selection and Tenure of Judges, which com- mittee recommended that the American Bar Association plan for the selection and tenure of judges, which has been adopted in the state of Missouri and has come to be known as the Missouri Plan, be submitted to the General Assembly in the form of a joint resolution to amend the Constitution of the state. This re- port, copies of which were forwarded to each member of the association well in advance of the Board meeting, was the subject of exten- sive debate by the Board of Governors. The members of the special committee appeared before the board and supplemented the com- mittee's report by presenting in greater detail the various aspects of the Missouri plan and the reasons for the committee's recommenda- tion. The concensus of opinion of the board, developed during the course of the debate, was to the effect that no particular plan should be made mandatory in a constitutional amend- ment and that the best Interests of the public at large, the bench and the bar would be served if the Constitution were amended so as to per- mit the legislature itself to determine the method of selection, and the matter of tenure of the judiciary of the state of Iowa. The Board of Governors adopted a resolu- tion authorizing and directing the president of the association to appoint a special committee to prepare and present to the General As- sembly a joint resolution providing for the necessary amendment to the Constitution and prescribing that the legislature be authorized to prescribe the method of selection and the tenure of judges of the supreme and district courts of Iowa. If the Constitution is amended in such manner, the entire field of selection and tenure of the judiciary is open to study, con- sideration and determination by the General Assembly, and, under the resolution of the Board of Governors, time will be available for aditional study and consideration of not only the Missouri plan, but also of other plans of selection and tenure. The Headquarters Office has been informed that President Ingersoll has appointed the fol- lowing as the special committee to present the proposed resolution to the General As- sembly; Ray F. Clough, Mason City, chair- man; David G. Bleakley, Cedar Rapids; Henry J. TePaske, Orange City; Joseph Brody, Des Moines; Robert W. Clewell, Dubuque; and Don- ald Evans, Des Moines. Other items of legislation approved by the Board for presentation to the legislature in- clude the recommendations of the Special Committee on Juvenile Delinquency; that sec- tion 231.8 of the Code be amended to provide that one probation officer may be appointed for two or more counties and that the salary and expense of such officer be prorated among the several counties of a judicial district upon the basis of population; and an amendment to section 600.3 of the Code to permit the court to consent to adoptions in certain cases. The problems as to notice created by the decision in the case of Mullane v. The Central Hanover Bank and Trust Company, decided recently by the Supreme Court of the United States, and the case of Collinson v. The City of Dubuque, decided recently by the Supreme Court of Iowa, were the subject of extensive discussion before the board. Legislation in- tended to remove the doubt caused as to no- tice and acceptance of service created by the decisions in those cases was authorized by the board. The proposals of the Special Committee on Probate Law of the Association with respect to a decree of heirship and a five year statute of limitations in probate matters, which pro- posals were approved by the Board and pre- sented to the 53rd General Assembly, were again approved for submission to the present session. The Board of Governors authorized the spon- sorship by the association of bills to bring up to date the various legalizing acts set forth in Title XXVII of the Code and also legislatin to amend the adverse possession statute an I re- lating statutes in Chapter 614 of the Code. The Committee on Law Reform submitted three legislative proposals to the board, all of which were approved for submission. They included an amendment to section 636.38 of the Code relating to the amount of property a spouse may select from the property in estates of intestates to make said section conform with section 636.32, which was amended by the 53rd General Assembly; an amendment to section 450.59 of the Code relating to the juris- diction of the court to release real or personal (Continued on P. 2) THE

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