George Davison Iowa Law

Former Judge's Law License is Suspended

The Iowa Supreme Court suspends the law license of a former judge from Muscatine for at least three months because of comments that he made regarding his sentencing for a second OWI offense.  The Court rejects contentions by James Weaver that his remarks were protected by the First Amendment.

After he was committed to the Iowa Department of Corrections for two years and ordered to undergo an alcohol rehabilitation program, Weaver told a reporter for the Muscatine newspaper that District Judge Denver Dillard was not being honest about the reasons why he committed |Weaver and ordered him to participate in a treatment program.  The Court finds Weaver's statement was false. 

The Court observes Weaver’s second offense OWI alone brought shame upon attorneys, judges and the court system in general and was sufficient to warrant suspension.  The Court adds that the justice system can not maintain respect of its citizens if disappointed attorneys are allowed to make false and reckless accusations against a judge.  Suspension of Weaver is appropriate to discourage such conduct. 

The decision, filed on Friday, March 28, 2008, is:  Iowa Supreme Court Attorney Disciplinary Board v. Weaver.

Hog Confinement Facility in Northern Iowa May Be Built

Neighbors opposed to construction of a hog confinement facility failed to present sufficient evidence to prevent its construction according to a decision by the Iowa Supreme Court.  The neighbors contended that construction and operation of the proposed hog confinement building in Kossuth County in northern Iowa would be a nuisance. 

The Iowa Supreme Court affirms a district court decision finding that the neighbors failed to show an anticipatory nuisance.  Justice Michael Streit writes, "One wants to live near a hog confinement operation."  The Court's analysis of the evidence presented finds that the evidence offered by the neighbors failed to establish that the plans by General Development and several farmers would create objectionable odors, water contamination, health problems, and a decline in property values.   The closest neighbors to the facility are one mile away.  The Court notes that the neighbors concerns are understandable, they failed to provide the clear and convincing evidence needed to establish an anticipated nuisance.  The Court also observes that in recent years, hog confinement operations have become more controversial as they grow in number and size.  "Our task here is a narrow one -- we are asked to determine whether the neighbors have proven an anticipatory nuisance.  We agree with the district court they have not."

The decision is:  Simpson v. Kollasch.   

Mother of Two Des Moines Students Involved in Famous Protest Is Dead

The matriarch of a former Des Moines family made famous by a decision of the United States Supreme Court involving the First Amendment and public schools is dead.  Eighty-six year old Lorena Jeanne Tinker has died at her daughter Mary Beth's home in Fayette, Missouri.  Mrs. Tinker and her husband, Leonard Tinker, Junior, minister at Epworth United Methodist Church in Des Moines in the 1960s, were parents of seven, including Mary Beth and John. 

The two Tinker children, along with a third boy, were suspended from classes by Des Moines Independent School District officials after they wore black arm bands to classes.  The black arm bands were in protest of the war in Vietnam.  The incident occurred in December 1965. 

The case made its way to the United States Supreme Court.  In 1969 seven of the justices found that Des Moines school officials violated the First Amendment by their actions.   The decision is Tinker v. Des Moines Ind. Comm. School Dist., 393 U.S. 503 (1969).

The Tinker family left Des Moines in 1969 and moved to Missouri.  There, Mrs. Tinker earned a doctorate in psychology.  She, then, taught at several colleges and universities.  In the 1990s, she moved to Fayette, where she practiced psychology and became a leader in peace studies.  She taught peace studies at the University of Missouri-Columbia.   She was also active in a number of peace organizations in mid-Missouri.

One of her sons, Leonard Tinker the Third, lives in Des Moines.