Opinion
Filed April 9, 2003
ORDER
By action of this court en banc, Iowa Court Rule 44.1, 44.8, and 44.15 are amended, effective immediately, as shown in attached exhibits "A," "B," and "C."
Dated this 9th day of April, 2003.
THE SUPREME COURT OF IOWA By /s/ Louis A. Lavorato Louis A. Lavorato, Chief Justice
EXHIBIT A
Rule 44.1. Interest on lawyers' trust account program (IOLTA)
(1) The Lawyer Trust Account Commission (commission) was created by the supreme court to receive interest on lawyers' pooled trust accounts. Lawyers' pooled trust accounts hold client funds that are so small in amount or held for such a brief period that it is not possible for the funds to economically benefit the individual client. Previously, attorneys' pooled trust accounts earned no interest. Effective July 1, 1985, an interest on lawyers' trust account program (IOLTA) was created to benefit charitable and educational interests. The commission has adopted grant criteria by which the interest earned will be disbursed. The commission reserves the right to change these criteria as it continues to assess how and where its funds might be best used.
(2) The commission provides the following information in this chapter to guide grant applicants in applying for funds.
(3) Grant applications are available from the commission at the following address:
Lawyer Trust Account Commission Iowa Judicial Branch Building
1111 East Court Avenue Des Moines, Iowa 50319
(515) 281-3718
EXHIBIT B
Rule 44.8. Inquiry
Questions should be directed to: Executive Director of the Lawyer Trust Account Commission, Iowa Judicial Branch Building, 1111 East Court Avenue, Des Moines, Iowa 50319.
EXHIBIT C
Rule 44.15. Grant application procedures
To aid in the comparative evaluation of proposals, all grant applications must be submitted in writing and contain the following information in the order listed:
(1) Organization and contents of proposal.
a. Cover sheet (Rule 44.21, Form 1).
b. Summary of grant request (Rule 44.21, Form 2).
c. A written narrative proposal on 8 1/2 x 11 inch paper, not to exceed ten double-spaced typewritten pages, which sets forth:
(1) The objectives of the project/organization for which funds are requested.
(2) The methods by which the objectives are to be accomplished.
(3) The qualifications of key individuals responsible for the project/organization.
(4) The period of time expected to complete the project (if applicable).
(5) Whether support has been or is being requested from other funding sources.
(6) The audit mechanism which will be utilized to provide accountability for the requested funds.
(7) The extent to which the program serves a reasonable number of clients, its service area, the nature and scope of legal services provided and its impact on the community's demonstrated needs.
(8) The extent to which two or more programs in the service area cooperate in the provision of legal assistance.
(9) The extent of participation from the bar within the program's service area in the program.
(10) The extent to which the program has systems to assure the quality of services provided.
(11) The plans for evaluating the success of the project/organization in meeting the objectives.
(12) Such additional information as the applicant believes desirable.
d. Financial budget form (Rule 44.21, Forms 3, 4, and 5).
e. Funding sources (Rule 44.21, Form 6).
f. Legal problem categories (Rule 44.21, Form 7).
g. Program activity (Rule 44.21, Form 8).
h. Nondiscrimination statement (Rule 44.21, Form 9).
i. Checklist of enclosures (Rule 44.21, Form 10).
(2) Processing of grant applications.
a. Grant Applications — Application should be directed to the Executive Director of the commission at the following address:
Lawyer Trust Account Commission Iowa Judicial Branch Building
1111 East Court Avenue Des Moines, Iowa 50319
The commission will make all recommendations on grant awards, subject to final approval by the supreme court.
b. Applicant must submit one original and eight complete copies of its proposal.
There can be no extensions of or exceptions to established deadlines.
c. Grant awards will be announced by the supreme court or by the commission with the approval of the court.