A majority of Iowa lawyers who participated in an Iowa State Bar Association survey favor a “yes” vote for all 75 judges and justices on November’s ballot. The evaluation is based on the 12 performance characteristics (10 for members of the supreme court and court of appeals) specified in the survey. Sioux City attorney Cynthia Moser is president of the Iowa State Bar Association. “In the aggregate, the judges and justices received a 90 percent confidence rating on the question of whether they should be retained in office,” Moser says. In the KJAN listening area, only District Four Judge James Richardson, of Audubon, received the lowest rating for recommended retention out the four judges who serve the counties of Harrison, Shelby, Audubon, Pottawattamie, Cass, Mills, Montgomery, Fremont and Page. Richardson garnered a 77.8% recommendation from lawyers who participated in the Bar’s survey. He was appointed to the bench in 1986. Justices Greg Steensland and Mark Eveloff, from Council Bluffs, received votes of confidence ranging from 95.5- to 98.5%, while District Associate Judge Craig Dreismeier was given 100% confidence. Dresmeier was appointed to the bench in 2010. Steensland was appointed in 2005, and Eveloff was appointed in 1996.

Only one Iowa Supreme Court justice targeted by a campaign to vote him off the bench because he signed onto the court’s 2009 same-sex marriage ruling, got a much lower score than most in the survey. About 63 percent of the lawyers surveyed favored retention of Iowa Supreme Court Justice David Wiggins. The Bar Association’s president says that same-sex marriage case was probably a factor in the score Wiggins got from Iowa lawyers who’ve taken cases before the Supreme Court. “We certainly acknowledge that the controversy over the Varnum decision may have played a role in the responses,” Moser says. “I think what the important take-away is that the majority of lawyers who did evaluate his performance voted or indicated that they believe he should be retained on the bench and that’s really the take-away that we think the public should have from this.”

The Iowa State Bar Association plans to be more active in this year’s retention election. “I anticipate that we will be running ads. I think they will be positive and pro-active. They may also be responding to lies and inaccuracies,” Moser says. “…We are prepared and positioned to do that if circumstances arise.” However, Moser says the ad campaign will not advocate for any one particular judge or justice, but for retention of all. On August 1st the chairman of the Iowa Republican Party called upon Iowans to “send a message to unelected bureaucrats” and vote no on Justice Wiggins because Wiggins and other members of the court had “redefined” marriage in Iowa. It’s likely the same coalition of groups that successfully campaigned to unseat three other members of the court in 2010 will wage a similar campaign against Wiggins.

Moser calls Wiggins and the other 74 judges who’re on the November ballot “well-qualified” for that role. “We don’t think that judges should be subject to those kinds of political pressures,” Moser says.The Iowa State Bar Association chose an earlier release date for its survey charting the opinions Iowa lawyers have of judges and justices who’re up for retention. The group also has a booth at the Iowa State Fair to tout the state’s judicial system.

Moser said “We understand that the constitution gives Iowa voters the ability to vote for retention…Our hope is that by providing information to the public, people will be better-equipped to make an informed and intelligent decision about whether a specific judge or justice should be retained.” Three Iowa Supreme Court justices were voted off the bench in the 2010 election. In 2011 Governor Branstad appointed three men to the court to replace those justices and all three new justices must face a retention vote this fall.

View the full report for yourself at www.iowabar.org. A complete biography of each of the judges and their individual recommendations for retention, can also be found by clicking on a link within the report itself.

(by O. Kay Henderson – Radio Iowa & Ric Hanson-KJAN)

The driver of semi was transported by helicopter to an Omaha hospital following a rollover accident Thursday afternoon, about two-miles east of the Shelby exit, in Pottawattamie County. According to the Iowa State Patrol, 35-year old Terrell Scott, of Williamsport, PA, was injured when the 2012 International tractor-trailer he was driving left eastbound Interstate 80, and came to rest on its right side in the south ditch. Scott was trapped in the cab of the semi while crews worked to extricate him.

The accident happened at around 1:55-p.m. Scott was transported by LifeNet to Creighton University Medical Center. The accident remains under investigation. The trailer was loaded with cereal. No hazardous materials were involved. The semi is registered to Crete Carrier Corporation, out of Lincoln, NE.

Officials with the Cass County Conservation Service said Thursday, due to unforeseen circumstances the “Breakfast with the Birds” Program scheduled to be held Saturday morning at Sunnyside Park in Atlantic, has been cancelled. The program was to have begun at 9-a.m.

Officials with the Atlantic Area Chamber of Commerce have announced a new attraction will take to the sky at AtlanticFest during the early morning hours of Saturday, August 11th.  Weather permitting, the gas torch will fire and a colorful hot air balloon will anchor down to four full sized trucks and offer tethered rides to AtlanticFest attendees in promotion of Atlantic Fly Iowa scheduled for mid September.  The balloon will be prepped for take-off at 8 a.m. and rides will begin at 9 a.m. lasting until the winds and weather conditions become unfavorable. Rides are $10 each and minors will need to be accompanied by a parent or guardian.

Tethered balloon rides will also be available at the September 15th Air Show, as well as helicopter rides, many displays of rare and unique aircraft, and a large bomber.  For more information about AtlanticFest or Fly Iowa visit AtlanticIowa.com or call the Chamber at 712.243.3017

A campaign official has released additional information about President Barack Obama’s visit to Council Bluffs on Monday, August 13th. The campaign reports  the president will be in Bayliss Park in downtown Council Bluffs, with entry to the park allowed beginning at 9:15 a.m. The event is free and open to the public, but tickets are required for entrance.

One ticket per person will be distributed on a first-come, first-served basis. Tickets for the event will be available beginning at 11 a.m. Saturday at the Organizing for America Council Bluffs office at 1851 Madison Ave., Suite 200, or the Organizing for America Omaha office at 347 N. 76th St. in Omaha.

Obama’s stop in Council Bluffs is part of a three-day campaign trip in Iowa, making his longest visit to a single state yet as he works to reach deeper into battleground states. It will be Obama’s fifth trip to Iowa this year and is similar to that of his 2008 Iowa caucus campaign. His Republican challenger in the November election, Mitt Romney was in Iowa this week.  Romney held a private fundraiser Tuesday night and a public event Wednesday morning at a Des Moines high school. It was Romney’s fourth visit to Iowa since clinching the GOP nomination.

Obama’s visit will begin Monday, and he’ll wend his way across the state with stops in smaller cities less often visited by presidents seeking re-election, campaign aides said. After Council Bluffs, he’ll go to Boone, then stop Tuesday in Marshalltown, Oskaloosa and Waterloo before closing the trip with events in Dubuque and Davenport on Wednesday. First lady Michelle Obama is expected to join the president for the Wednesday events.

Although a stop at the iconic Iowa State Fair in Des Moines is not on Obama’s preliminary schedule, the president often makes unannounced stops – and the fair will be entering its fifth day as Obama arrives.

A company clearing dead trees from a roadside ditch in Pottawattamie County is offering a $7,500 reward for information leading to the arrest and conviction of the person of persons responsible for the theft of two Caterpillar Skid Steer loaders, and the recovery of the machines.

A similar model Caterpillar Skid Steer machine to those stolen from Pottawattamie County.

Next Phase Environmental had been contracted by the State of Iowa to clear the dead trees from the roadside ditch along Interstate 29, north of Council Bluffs.

The Pott. County Sheriff’s Department says during the last week, two Caterpillar Skid Steers belonging to the company were stolen. They’re valued at about $150,000. Anyone with information is asked to call the Pottawattamie County Sheriff’s Office at (712) 890-2200 or Crime Stoppers at (712) 328-7867.

The Cass County Sheriff’s Office reports three people were arrested Wednesday on unrelated charges. 18-year old Kameron Nicholas Burg, of Atlantic,  turned himself in on a Sheriff’s Office on a warrant for Interference with Official Acts. Burg was booked in to the Cass County Jail where he awaits hearing before the Magistrate.

Officers with the Atlantic Police Department arrested 32-year old John Oliver Knight,  of Atlantic, Wednesday, on Cass County Sheriff’s Office warrants for Driving While Barred, Driving Under Suspension, and No SR22 Insurance. Knight was taken to the Cass County Jail where he was released later that day on $2,650 bond.

And 20-year old Michael Andrew McConnell,  of Atlantic,  turned himself in to authorities, Wednesday. McConnell was wanted on a Sheriff’s Office warrant for Interference with Official Acts. He  was taken to the Cass County Jail where he is being held until hearing before the Magistrate.

The Cass County Sheriff’s Office says deputies with the Adair County Sheriff’s Office Tuesday, arrested two men wanted for the 2011 theft of motorcycles from Cass County. 27-year old Jason Kyle Bruns, of Menlo, and 31-year old Daniel Joseph Bruns, of Fontanelle, were taken into custody on Cass County Sheriff’s Office warrants. The warrants  were issued in connection with the theft of two motorcycles from a rural address in Cass County on November 30, 2011.

Jason Bruns was charged with Burglary 3^rd Degree, Theft 2^nd Degree, and Altering a Vehicle ID Number, all “D” Felonies. Daniel Bruns was charged with Burglary 3^rd Degree and Theft 2^nd Degree, both “D” Felonies. Both were taken to the Cass County Jail where Jason Bruns was released on $15,000 bond and Daniel Bruns was released on $10,000 bond the following day.

Cass County Sheriff Darby McLaren has released additional information about a fatal accident that occurred early this (Thursday) morning. South of Wiota. McLaren says 23-year old Nicholas Herman Baier, of Atlantic, was pronounced deceased at the scene of the crash. An investigation revealed the vehicle Baier was driving had been traveling west on Lansing Road, when it drove onto the shoulder/ditch area east of 680th Street. The vehicle came back onto the roadway at 680th Street, slid across into the south ditch off of Lansing Road, and rolled three times before coming to rest on its top. Baier suffered fatal injuries when was ejected from the vehicle. The accident was reported at 6:50-a.m.

Officials with the Iowa Council of Foundations today (Thursday) announced Dennis Nissen, Director of the Community Foundations of Southwest Iowa, based in Omaha, is joining the ICOF’s Board of Directors for the 2012-2013 calendar year. Nissen was one of two new members named to the Board. He joins Jerry Mathiasen, Senior Vice President of the Iowa West Foundation in Council Bluffs, on the eight-member Board.

The ICOF was founded in 1998. It promotes philanthropy and effective grantmaking in Iowa, and serves as the state’s leading philanthropic entity. To learn more, go to www.iowacounciloffoundations.org.