George Davison Iowa Law

Jim Zabel Being Considered for National Radio Hall of Fame

Long time WHO Radio sports director and personality, Jim Zabel, is being considered for election to the National Radio Hall of Fame.  Here is a portion of the news release announcing Zabel's candidacy.

                                              

PRESS RELEASE

 

FOR IMMEDIATE RELEASE                     Media Contact:

Wednesday, April 16, 2008                               Gina Loizzo MBC, 312-396-0103

 

NATIONAL RADIO HALL OF FAME ANNOUNCES POSTHUMOUS INDUCTEES

 AND CLASS OF 2008 NOMINEES

. . .

LOCAL OR REGIONAL PIONEER

• Gary Burbank, born Billy Purser, he      began his radio career in the mid 1960s, he took the name Gary Burbank as      a tribute to radio and TV legend Gary Owens and his famous Laugh-In introduction formerly heard      on WLW/Cincinnati until the end of 2007. 
• Harry Kalas, made his major league debut in 1965 calling games for the Houston      Astros before being hired as "the voice      of the Philadelphia Phillies"      in 1971.
• Charlie Tuna, over 40 years in radio, one of the original DJ's at the legendary      KROQ and most recently hosted "Charlie Tuna in the Morning" on KBIG until      2007.
• Jim Zabel,      broadcasting on WHO/Des Moines for 62 years, he has served as "the voice of the Iowa Hawkeye's      football and basketball" teams.
  The national online balloting will begin on May 1^st and be monitored by Votenet, a highly respected online vote tabulating firm. Voting ends at midnight on July 15^th, after which results will be tabulated and ratified by the Steering Committee of the NRHOF.

Voting is free and open to the public as well as major radio industry leaders. However an online registration will be required.  Please visit www.radiohof.org to learn more. 

###

Zabel joined WHO Radio during World War II.  He was hired by WHO Radio News Director Jack Shelley and handled a number of different duties before becoming sports director. 

While Zabel is well known for his broadcasts of both Iowa football and basketball, he also covered Iowa State and Drake basketball, especially during the 1960s and 1970s.  He anchored the WHO Radio coverage of the Iowa Girls and Boys State Basketball Tournaments, as well as covering the final games for many years on television. 

As WHO sports director, Zabel anchored television sports coverage for Channel 13 in Des Moines.  At one time he had one of the highest recognition factors in the industry.

He hosted a locally produced bowling program, Let's Go Bowling.  It originated from various bowling alleys in the Des Moines area and pitted a team of Des Moines residents against competitors from Central Iowa.  At one time, Let's Go Bowling had better ratings than professional football in the Des Moines television market.   The program was on Channel 13 television for close to 30 years.

In addition to his sports coverage, Zabel is considered an excellent interviewer.  On WHO Radio he was one of the personalities who handled a series of programs known as Speaking of People.  These were interviews with well known individuals, including Ronald Reagan.  During the mid-1960s and through the 1970s, Zabel was host of an afternoon telephone talk show in WHO Radio, Call Jim Zabel.  It was mix of a little bit of everything, but especially reciepts from his listeners.  Zabel eventually took the receipts and published them in a cookbook entitled Jim Zabel's Pink Apron Cookbook. 

Deadlines are Important

The Iowa Supreme Court Attorney Disciplinary Board failed to file an application for permission to appeal a decision of the Grievance Commission of the Supreme Court of Iowa within 10 days.  The Commission issued a private admonition to an attorney based upon the evidence of an ethics violation.  Iowa Ct. R. 35.11(2).   The Board was one day late in filing its application for permission to appeal the Commission's decision.

The Supreme Court holds that the deadline imposed by the rule is mandatory.  The Disciplinary Board  failed to act within the proscribed time.  The decision of the Commission is final.  The appeal of the Disciplinary Board is dismissed. 

The decision filed on Friday, April 18, 2008, is Iowa Supreme Court Attorney Disciplinary Board v. Attorney Doe No. 639.  The decision is the subject of comment on the Legal Profession Blog.

Prosecutors Are Obligated to Abide by Plea Bargains

The Iowa Supreme Court orders a new sentencing hearing for a man who pleaded guilty to sexual abuse.  That is because a Scott County prosecutor failed to comply with a plea agreement in the case of Gregory Bearse.  Bearse who was 37 had an on-going sexual relation with a 14 year old girl.  The relationship was discovered when the girl became pregnant. 

Bearse agreed to plead guilty to third degree sexual abuse.   In exchange the Scott County Attorney was to recommend no prison sentence.  At the sentencing hearing, an assistant county attorney who was not involved in the plea negotiations, first advised the district court that Bearse should be imprisoned as recommended by a pre-sentence investigation.  After the court noted there was a plea agreement, the assistant county attorney concurred it should be followed, but again asked the court to consider the pre-sentence recommendation. 

The Supreme Court orders the case returned to Scott County for a new sentencing hearing observing that the prosecutor failed to fulfill the promise made in the plea bargain, Including a failure to abide by the strict terms and spirit of the agreement.

Bearse also argued that the district court failed to advise him of a provision of Iowa law that requires persons convicted of a sex offense with a minor to be on probation the remainder of his or her life.  Section 903B.1, Iowa Code (2007).  Justice David Wiggins in a partial dissent agrees with Bearse that he should be allowed to withdraw his guilty plea and to plead anew.

The decision filed on the Iowa Supreme Court on Friday, April 18, 2008, is State v. Bearse, No. 116/06-0916.

AMTRAK Study Favorable for Iowa City to Chicago Train

AMTRAK and the Iowa Department of Transportation release a study that shows over 187,000 riders a year would use passenger train service between Iowa City and Chicago.  The service to Iowa City would be an extension of proposed passenger train operations between Chicago and the Quad Cities.

The preferred route would use a combination of the BNSF from Chicago Union Station to a new connection to be constructed at Wyanet, Illinois.  The trains would then use Iowa Interstate (former Rock Island) to the Quad Cities and Iowa City.  Under the just completed proposal, a layover facility would be constructed in Iowa City.

AMTRAK estimates that it will take about $32.5 million to upgrade the Iowa Interstate route in Iowa to allow passenger trains to travel at 79 miles per hour.  Over $23 million of the cost would be to replace existing jointed rail, to provide new cross ties, and to install signals and controls for track switches.  The rest of the costs would be for track resurfacing and construction of the Iowa City layover facility.

Under the proposal outlined by AMTRAK and Iowa Department of Transportation officials, one passenger train would leave Iowa City in the morning and arrive in Chicago around noon.  The other eastbound train would leave in the late afternoon and arrive in Chicago around 10:00 PM.  West bound one train would leave Chicago Union Station in mid-morning.  The other west bound would leave for Iowa City in mid-afternoon.  The passenger trains are expected to operate in a push-pull mode with several coaches and a food service car.

Here are links to stories from various newspapers regarding the announcement that was made on Friday, April 18, 2008:  Iowa City Press-Citizen; The Gazette (Cedar Rapids); Des Moines Register.

NEW JUSTICE OF THE IOWA SUPREME COURT

The next justice of the Iowa Supreme Court is 55 year old David Baker.  Baker is from Cedar Rapids.  He was in private practice for 25 years before being named in 2004 by then-Governor Tom Vilsack to be a district court judge in the Sixth Judicial District of the state of Iowa.  About 18 months later, Baker was appointed, again by Vilsack, to fill a vacancy on the Iowa Court of Appeals.

Baker joins the Iowa Supreme Court upon the retirement of Justice Jerry Larson.  He has been a justice since 1978, making him the longest serving member of the Iowa Supreme Court.

Justice Baker is a graduate of the University of Iowa and of the University of Iowa Law School.

Governor Culver says of his first appointment to the Iowa Supreme Court, " Judge Baker has demonstrated a deep interst in the lives of Iowans, and I am confident that as an Iowa Supreme Court Justice, he will continue to stand up and protect the rights of Iowans for years to come."