Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 11-0892

KIMBERLY ANN SALLEE, Individually and as Next Friend of LUCAS GREGORY DURKOP and MARIA CHRISTINA RIVERA, MATTHEW JAMES SALLEE, and JAMES ALLAN SALLEE vs. MATTHEW R. STEWART and DIANA STEWART d/b/a STEWARTLAND HOLSTEINS

No. 12-1024

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. RICHARD SCOTT RHINEHART

This section of the site contains orders of statewide interest recently issued by the Iowa Supreme Court. Orders will be posted in this section for one year from the date they are first posted.

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In the Matter of Court Forms for Adult and Minor Child Petitions for Change of Name (February 14, 2013)

Name change forms pdf

Supervisory order and name change forms (681 kb)



Request for Public Comment Regarding Recommendations of the Iowa Supreme Court 2012 Child Support Guidelines Review Committee (January 25, 2013

Order (89 kb)


Filed with the clerk of the Iowa Supreme Court office on January 25, 2013

Final Report of Review Committee (3592 kb)



In the Matter of Establishment of the Iowa Business Specialty Court Pilot Project (December 21, 2012)

Supervisory Order and Memorandum of Operation (345 kb)



In the Matter of Amendments to Iowa Court Rules Regulating the Practice of Law (December 10, 2012)

The Iowa Supreme Court Chief Justice has signed an order amending various rules of Division III (Professional Regulation) of the Iowa Court Rules. With two exceptions noted in the order, these amendments are effective immediately. Also accompanying the order is a summary of the amendments.

Order (27 kb)


Amendments to Iowa Court Rules Regulating the Practice of Law (254 kb)


Comments to Amendments to Iowa Court Rules Regulating the Practice of Law (177 kb)



In the Matter of Appointments to the Committee on Expanded Media Coverage (December 7, 2012)

Order (380 kb)



Corrected Expanded Media Coverage Committee Order

Nunc Pro Tunc (47 kb)



Request for Public Comment Regarding Proposed Emeritus Pro Bono Practice Rule (December 6, 2012).

Order (309 kb)



Request for Public Comment Regarding Proposed rules governing the filing of electronic documents in the Iowa Appellate Courts (December 6, 2012).

Order (546 kb)



Request for public comment regarding proposed collection activities (October 25, 2012)

Order (84 kb)


Proposed new Chapter 26 (288 kb)



In the Matter of the Electronic Document Management System and Standard eForms of Pleadings for Small Claims Actions (October 25, 2012)

Supervisory Order (72 kb)


www.iowacourts.gov/Online_Court_Services/EDMS/

Small Claims eForms (591 kb)



In the Matter of Appointments to the Advisory Committee Concerning Certain Civil Justice Reform Task Force Recommendations (October 10, 2012)

Order (78 kb)



Request for public comment regarding a proposed new rule of juvenile procedure 8.36 (August 30, 2012)

Order (140 kb)


New Rule of Juvenile Procedure 8.36 (228 kb)


Iowa Standards of Practice for Attorneys Representing Parents in Juvenile Court (1818 kb)


Public Comments on Proposed New Rule of Juvenile Procedure 8.36 (Oct. 31, 2012) (29813 kb)


Additional comment (November 1, 2012) (792 kb)



Request for public comment regarding amendments to Professional Regulation of the Iowa Court Rules (August 27, 2012)

Order (420 kb)


Proposed amendments to Professional Regulation (142 kb)



Request for public comment regarding amendments to Chapters 6 and 21 of the Iowa Court Rules (August 27, 2012)

Order (496 kb)


Proposed amendments to Chapters 6 and 21 (107 kb)



Request for Comments to Proposed New Rule of Civil Procedure 1.1702 (August 3, 2012)

Order (407 kb)


Proposed New Rule (88 kb)



In the Matter of Rules for Involuntary Commitments or Treatment of Persons with Substance-Related Disorders (July 5, 2012)

Supervisory Order and Chapter 13 (516 kb)



In the Matter of Mileage Reimbursement (June 29, 2012)

Supervisory Order (32 kb)



In the Matter of EDMS and Standard Forms of Pleadings for Small Claims (June 29, 2012)

Supervisory Order (991 kb)



In the Matter of Forms for Court Orders Issued in Small Claims Court (June 28, 2012)

Supervisory Order and Forms for Court Orders (3515 kb)



In the Matter of Appointments to the 2012 Iowa Child Support Guidelines Review Committee (June 11, 2012)

Nunc Pro Tunc (103 kb)



In the Matter of Appointments to the 2012 Iowa Child Support Guidelines Review Committee (June 11, 2012)

Order (533 kb)



In the Matter of the Notice on Court-Generated Documents in Compliance with the Americans with Disabilities Act (May 1, 2012)

Supervisory Order (56 kb)



In the Matter of Revision of Interim Rules 16.306(5) and (6) Relating to Signatures in the Electronic Document Management System (April 24, 2012)

Supervisory Order (82 kb)


Revised 16.306(5) and (6) (36 kb)



Request for comments to proposed amendments to lawyer advertising rules (April 20, 2012)

Order (386 kb)


Proposed amendments (12844 kb)



Request for comments to proposed amendments to Rule 31.16 Registration of House Counsel (March 21, 2012)

Order (77 kb)


Proposed New Rule (304 kb)



In the Matter of Interim Rules to Govern the use of the Electronic Document Management System (March 1, 2012)

The Iowa Supreme Court amends the interim rules of Chapter 16 of the Iowa Court Rules governing EDMS

Order (77 kb)


Chapter 16 interim rules (349 kb)


Summary (43 kb)


General Commentary (114 kb)



Request for comments to proposed amendments to Rule of Appellate Procedure (February 10, 2012)

Order (244 kb)


Proposed New Rule (186 kb)



Request for comments to proposed amendments to Rules of Civil Procedure (December 2, 2011)

Order (575 kb)


Proposed New Rule (479 kb)



Request for comments to proposed amendments to Rules of Juvenile Procedures (November 23, 2011)

Order (103 kb)


Juvenile amendments (11 kb)



Request for comments to proposed amendments to rules regulating the practice of law (November 17, 2011)

Order (429 kb)


Summary (96 kb)


Proposed amendments (200 kb)



In the Matter of Request for Public Comment Regarding Proposed Small Claims Pleadings Forms (October 7, 2011)

Order (550 kb)


Small Claims Forms (944 kb)



In the Matter of Formation of the Small Claims Forms Advisory Committee (May 18, 2011)

Order (619 kb)



In the Matter of the Supreme Court Committee to Study Lawyer Advertising Rules (April 15, 2011)

Order (466 kb)



In the Matter of Rescission of Standard Forms of Pleadings for Small Claims Actions (April 6, 2011)

Supervisory Order (206 kb)



In the Matter of Temporary Rules Governing the Electronic Document Management System and Use of Standard Forms of Pleadings for Small Claims Actions (April 4, 2011)

Temporary rules governing EDMS to exempt electronic filers in Small Claims actions until further notice of this court

Supervisory Order (364 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (April 1, 2011)

The March 28, 2011, order contained typographical errors in the numbering sequence of the new and amended Small Claims forms compared to the prior forms being replaced. The forms themselves were correctly numbered.

Amended Order (427 kb)



In the Matter of Standard Forms of Pleadings for Small Claims Actions (March 28, 2011)

The Court rescinds Chapter 3 of the Iowa Court Rules, Standard Forms of Pleadings for Small Claims Actions, in its entirety. The court approves and adopts the revised Chapter 3 of the Iowa Court Rules attached to this Order.
Effective April 4, 2011


Order (6666 kb)


Standard Forms (pdf) (774 kb)



In the Matter of Changes to the Business Hours of the Jefferson and Louisa County Clerk of Court Offices (March 9, 2011)

Effective immediately

Nunc Pro Tunc (170 kb)



In the Matter of Changes to the Business Hours of the Jefferson and Louisa County Clerk of Court Offices (March 9, 2011)

Effective immediately.

Supervisory Order (181 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 4; Form 4.11 (February 2, 2011)

Effective immediately.

Order and Form 4.11 (895 kb)



In the Matter of Amendments to Iowa Court Rules Chapter 4: Forms 4.1, 4.2, 4.11, and 4.15 (December 27, 2010)

Effective immediately

Supervisory Order (3402 kb)



In the Matter of the Appointment of the EMC Media Coordinator for Region 3

Effective December 17, 2010.

Order (192 kb)



Proposed Adoption of 2005 Model Standards of Conduct for Mediators (December 7, 2010)

Deadline for comments is March 7, 2011

Order (2271 kb)


Model Standards of Conduct for Mediators (166 kb)


Chapter 11 Study Group (2195 kb)



In the Matter of the Retention of a Private Court Reporter in a Civil Case: Amendment to January 6, 2010 Order (November 24, 2010)

Effective immediately

Supervisory Order (835 kb)



In the Matter of Temporary Rules to Govern the Use of the Electronic Document Management System Plymouth County and Story County (November 4, 2010)

Supervisory Order (538 kb)


Chapter 16 - Rules Pertaining to the Use of the Electronic Document Management System (12070 kb)


Protected Information Disclosure (424 kb)


Small Claims Original Notice and Petition (3124 kb)


Notice of Transcript Redaction (445 kb)


General Commentary on Electronic Filing Rules (118 kb)



In the Matter of Changes to the Business Hours of the Chickasaw and Howard County Clerk of Court Offices (October 19, 2010)

Effective October 25, 2010

Supervisory Order (207 kb)



In the Matter of Changes to the Business Hours of the Greene County Clerk of Court Office (September 29, 2010)

Effective October 12, 2010

Supervisory Order (185 kb)



In the Matter of Changes to the Business Hours of the Boone County Clerk of Court Office (September 29, 2010)

Effective October 5, 2010

Supervisory Order (177 kb)



In the Matter of Changes to the Business Hours of the Adams, Ringgold and Taylor County Clerk of Court offices (September 29, 2010)

Effective October 4, 2010

Supervisory Order (189 kb)



In the Matter of the Judicial Council Advisory Committee on Fine Collection Procedures, Practices and Rules (September 24, 2010)

Effective immediately

Order (928 kb)



In the Matter of the Public Hours of the Office of the Clerk of the Appellate Courts (September 15, 2010)

Effective September 20, 2010

Supervisory Order (465 kb)



In the Matter of Changes to the Business Hours of the Jones County Clerk of Court Office (August 18, 2010)

Effective August 30, 2010

Supervisory Order (167 kb)



In the Matter of the Appointment of Members to Serve on the Civil Justice Reform Task Force (August 6, 2010)

Supervisory Order (106 kb)



In the Matter of Changes to the Business Hours of the Worth County Clerk of Court Office (August 4, 2010)

Effective September 10, 2010

Supervisory Order (181 kb)



In the Matter of Expanded Media Coverage of the Courts (July 21, 2010)

The supreme court has reorganized the jurisdiction of media coordinators for Jackson County.
Effective August 1, 2010

Order (171 kb)



In the Matter of Interim Procedures Governing the Collection of Court Fines and Fees (July 2, 2010)

Upon recommendation of the Judicial Council, the supreme court adopts interim provisions that will govern installment payment plans and other fine collection activities of the judicial branch until the adoption of permanent rules.
Effective July 12, 2010

Supervisory Order (1250 kb)



In the Matter of Changes to the Business Hours of the Floyd County Clerk of Court Office (May 13, 2010)

Effective May 20, 2010

Supervisory Order (174 kb)



In the Matter of Changes to the Business Hours of the Davis County Clerk of Court Office (May 4, 2010)

Effective May 10, 2010

Supervisory Order (176 kb)



In the Matter of Adoption of EDMS Rules for Pilot Project in Plymouth County (April 21, 2010)

Effective immediately

Supervisory Order (581 kb)


Chapter 16 - Rules Pertaining to the Use of the Electronic Document Management System (12017 kb)


Protected Information Disclosure (520 kb)


Small Claims Original Notice and Petition (2292 kb)


General Commentary on Electronic Filing Rules (2274 kb)



In the Matter of Changes to the Business Hours of the Guthrie County Clerk of Court Office (April 13, 2010)

Effective immediately

Supervisory Order (173 kb)



In the Matter of the Business Hours of the Fremont County Clerk of Court Office (April 6, 2010)

Effective April 5, 2010

Supervisory Order (167 kb)



In the Matter of Appointment to the Task Force for Civil Justice Reform (March 23, 2010)

Effective immediately

Order (123 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (March 19, 2010)

Fremont county
Effective April 5, 2010

Supervisory Order (186 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (February 11, 2010)

Jefferson county
effective February 12, 2010

Supervisory Order (180 kb)



In the Matter of Prioritization of Cases and Duties (February 4, 2010)

Amendment to Order of December 1, 2009
Effective immediately

Supervisory Order (323 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (January 28, 2010)

Fifth District
effective February 1, 2010

Supervisory Order (252 kb)



In the Matter of Changes to the Business Hours of Clerk of Court Offices (January 26, 2010)

First, Second and Sixth districts
effective February 1, 2010

Supervisory Order (286 kb)



Proposed Revised Iowa Code of Judicial Conduct (January 19, 2010)

Chapter 51
Deadline for comments is March 19, 2010.

Order and Proposed Code (581 kb)



In the Matter of Private Retention of Court Reporters in Civil Cases (January 6, 2010)

Supervisory order (500 kb)



In the Matter of Appointments to the Task Force for Civil Justice Reform (December 18, 2009)

Order (655 kb)



In the Matter of Court Closure Days and Public Hours of Clerk of Court Offices (December 2, 2009)

Supervisory Order (63 kb)



In the Matter of Prioritization of Cases and Duties (December 1, 2009)

Supervisory Order (1318 kb)



In the Matter of the Public Hours of Clerk of Court Offices (November 17, 2009)

Supervisory Order (2646 kb)



In the Matter of Actions Taken to Reduce Judicial Branch Operating Expenses (November 12, 2009)

Supervisory Order (1443 kb)



In The Matter of Court Closure and Unpaid Leave Days (November 10, 2009)

Supervisory Order (497 kb)



In the Matter of Actions Taken to Reduce Judicial Branch Operating Expenses for Fiscal Year 2010 (June 25, 2009)

Supervisory Order (162 kb)



In the Matter of Court Closure Days and Reduced Public Hours (May 29, 2009)

Supervisory Order (288 kb)



In the Matter of Appointments to the Digital Audio Recording Technology Committee of the Judicial Council (May 7, 2009)

Order (380 kb)



In the Matter of Court Closure and Unpaid Leave Days: May 8 (May 5, 2009)

Supervisory Order (452 kb)



In the Matter of Mileage Reimbursement (March 31, 2009)

Supervisory Order (315 kb)



Actions Concerning Judicial Operations (March 13, 2009)

Supervisory Order (228 kb)



Action Taken to Reduce Operating Expenses (February 27, 2009)

Supervisory Order (186 kb)



Hearing on Proposed Rules (February 24, 2009)

A hearing is scheduled on Thursday, March 5, 2009, regarding minutes of evidence.

Order Setting Hearing Schedule (Feb. 24, 2009) (480 kb)


Order Setting Amended Hearing Schedule (March 2, 2009) (477 kb)


Order (Feb. 13, 2009) (749 kb)



Actions Taken to Reduce Judicial Branch Operating Expenses (February 2, 2009)

Supervisory Order (783 kb)



Proposed Amendments to the Rules of Criminal Procedure (December 2, 2008)

Information about witnesses
Deadline for comments is January 2, 2009

Chapter 2, Rule 2.4 and 2.5 (589 kb)



Proposed Amendments to Iowa Court Rules (November 12, 2008)

Licensing and Practice of Foreign Legal Consultants
Deadline for comments is December 12, 2008

Chapter 31, Rule 31.14 and 31.18 (5008 kb)



In the Matter of Iowa Rule of Civil Procedure 1.422 (September 23, 2008)

Rule 1.422

Supervisory Order (150 kb)



Proposed Amendments to the Rules of Criminal Procedure (June 23, 2008)

Information about witnesses
Deadline for comments is July 23, 2008

Chapter 2, Rule 2.4 and 2.5 (96 kb)


Order (355 kb)



Final Report of the Child Support Guidelines Review Committee

Final Report of the Child Support Guidelines Review Committee (378 kb)


Proposed Amendments to Chapter 9 (348 kb)


Rule 9.27, Forms 1 and 2 (418 kb)



Revisions to Electronic Document Management System Proposed Rules (June 10, 2008)

Public Notice (47 kb)


General commentary (71 kb)


Chapter 16--Pertaining to the use of EDMS (258 kb)



Proposed Amendments to Rules of Appellate Procedure and Rules of Civil Procedure Concerning Certiorari (June 6, 2008)

Deadline for comments is August 6, 2008

Order (81 kb)


Proposed Amendments to Rules of Appellate Procedure (851 kb)


Summary of Key Changes (238 kb)


Proposed Amendments to Rules of Civil Procedure (113 kb)



Appointments to the Supreme Court Limited Jurisdiction Task Force (January 14, 2008)

Appointment Order (205 kb)


Resolution in Support of the Pew Commission (September 10, 2007) (86 kb)



Filing by facsimile transmission (August 6, 2007)

Order granting filing by facsimile transmission of certain documents in chapters 125 and 229 commitment proceedings
Effective immediately

Order (66 kb)



Uniform Bond Schedule (August 2, 2007)

Order amending uniform bond schedule

Order and bond schedule (97 kb)



Instructions to Compensation Commissioners from the Chief Justice (January 12, 2007)

Instructions (208 kb)

(DES MOINES) - Gov. Branstad today appointed Mary Chicchelly as judge to the 6th Judicial District.

Chicchelly, of Cedar Rapids, received her law degree from the University of Iowa and is currently in private practice in Cedar Rapids.

Chicchelly was appointed to fill the vacancy created by Senior Judge Denver D. Dillard.

###

Des Moines, February 12, 2013 –On February 19, the Iowa Supreme Court will hear oral arguments in the case of Residents of Elsie Mason Manor, et al. v. First Baptist Housing Foundation, et al., beginning at 7:00 p.m. in the Supreme Court Courtroom on the fourth floor of the Judicial Branch Building in Des Moines. The evening session is a special opportunity for central Iowa residents, who may not be able to attend the court's regular morning and afternoon sessions, to watch the court conduct oral arguments.

In this case the Iowa Supreme Court is asked to interpret Iowa's Private Right of Action for Consumer Frauds Act. Plaintiffs are current and past tenants of Elsie Mason Manor and Ligutti Tower in downtown Des Moines. Plaintiffs brought suit in Polk County District Court seeking damages arising from an infestation of bed bugs in the two residential buildings. Defendants appeal from the district court's certification of a class action on behalf of plaintiffs and the court's ruling that each plaintiff need not prove that he or she relied on allegedly deceptive conduct on the part of defendants.

A public reception with the supreme court justices, sponsored by the Polk County Bar Association, will follow the oral arguments.

For more information, visit http://www.iowacourts.gov/Supreme_Court.

 

 

# # #

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 12-1529

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. ERIC JONATHON PALMER

Iowa Supreme Court Opinions

December 21, 2012

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 10-1742

STATE OF IOWA vs. ROBERT ANTHONY HOWARD

No. 11-1857

MELISSA NELSON vs. JAMES H. KNIGHT DDS, P.C. and JAMES KNIGHT
WASHINGTON - The nation's attention of late has focused on a nuclear bomb or an intense solar storm as the source of an electromagnetic pulse, or EMP, assault on the nation's vulnerable electrical grid system that could fry our electronics and wreak havoc on critical infrastructures.

Estimates are that tens of millions of fatalities could occur in the aftermath of such an event as food, fuel and power supplies evaporate and the nation is transported instantly back to the 18th-century lifestyle without a power grid or anything else electronic.

However, a similar threat has emerged from the so-called lone-wolf terrorist who can devise a portable EMP device and aim it at computers in a building, telecommunications linkages and banking automated teller machines - all on which the society has come to rely heavily for present-day existence.

And it can be done without a trace of who did it.

Recent concerns have been raised by the Federal Bureau of Investigation that the lone wolf - someone who strikes out on his or her own without any group affiliation - is considered a larger threat than one from al-Qaida or other organized groups.

Such individuals either may see themselves as supporting the views of various terrorist groups or may have a personal grudge.

Such an individual with a penchant for electronics can pull together components from a Radio Shack or electronic store - even order the components off of selected Internet websites - and fashion a radio frequency, or RF, weapon.

As microprocessors become smaller but more sophisticated, they are even more susceptible to an RF pulse. The high power microwave from an RF weapon produces a short, very high power pulse, said to be billions of watts in a nanosecond, or billionths of a second.

This so-called burst of electromagnetic waves in the gigahertz microwave frequency band can melt electrical circuitry and damage integrated circuits, causing them to fail. Ironically, this type RF weapon won't affect humans, although there are some forms that experts say can affect the body's own electrical system.

The pulse from an RF weapon travels at the speed of light and can be fired without any visible emanation. These weapons can come in ultra-wideband or narrow-band, with the latter acting like a laser emitting a single frequency at very high power. This pulse then is directed at a specific electronic target.

What makes RF weapons so dangerous is their compactness and ability to be powered by hand-carried energy sources. Experts say that their range of intensity is from 200 meters to 1,000 meters, or from some 656 feet to 3,281 feet.

Concern over the effects of RF weapons has been known to the U.S. Congress since at least 1997 when retired U.S. Army Lt. Gen. Robert L. Schweitzer testified before the congressional Joint Economic Committee on RF weapons and their impact on the U.S. infrastructure.

His concern then was that readily available technology, much of it off-the- shelf, places the capability of making RF weapons in the hands of lone wolves or more organized terrorists.

Here's the documentation of the danger: "A Nation Forsaken - EMP: The Escalating Threat of an American Catastrophe."

Given the rush to decontrol critical technologies due to the downward spiral of Western economies, they are often available to other countries without the needed scrutiny of U.S. licensing officials and are readily available for people residing in the U.S.

When he testified, Schweitzer called for drawing up a list of those technologies needed to make RF weapons and placing them on what was then called the Militarily Critical Technologies List, or MTCL, which was developed by the U.S. Department of Defense. While the MTCL wasn't a control list, it did show how technologies relate to the development of weapons systems.

However, many of the items listed on the MTCL were not placed on control lists of dual-use technologies administered by the U.S. Department of Commerce or the munitions list overseen by the U.S. Department of State.

Today, that list remains only as a reference and no longer is updated. Everything on the MTCL isn't subject to export controls and isn't referred to that often to show how certain technologies relate to developing weapons systems.

Part of the reason for virtually ignoring the MTCL today is economic, but the basis for eliminating the MTCL mostly was political, since calling them "critical" suggested that they be subject to export controls and then would interfere with the ability to conduct business in a competitive world.

At the time of Schweitzer's testimony, however, consideration of placing certain technologies under export control was meant to deflect the ability of countries and terrorist groups from easily gaining access to those technologies.

One of the items Schweitzer gave as an example of technology that should be controlled was Reltron tubes. He said that these tubes can be small or large, generate intense radio frequency pulses and can be used as RF weapons.

While RF weapon components are on the MTCL, Schweitzer said at the time that even then there were no up-to-date guidelines or directives on limiting their access to end-users. He added that several countries have RF weapons programs and Russia admits to selling some technologies to various countries, making them readily available.

"Users of new weapons can be criminals, individuals, or organized gangs of narco or domestic terrorists - or a determined, organized, well-funded foreign adversary, either a group or nation who hates us," Schweitzer said.

RF weapons emit a non-nuclear electromagnetic pulse, even though they project the same type of pulse that a nuclear weapon does.

"As a practical matter," Schweitzer testified, "a piece of electronic gear on the ground, in a vehicle, ship or plane does not really care whether it is hit by a nuclear magnetic pulse or a non-nuclear one.

"The effect is the same," he said. "It burns out the electronics. The same is true of the computers in this Senate office building, in industry, or on Wall Street."

Schweitzer also referred to the possible existence of radio-frequency munitions which contain high explosives that produce radio frequency energy "as their primary kill mechanism."

"Applications or potential targets would include all military computers, circuit boards or chips, of any description and include ...key components of our military and national infrastructure," he said. "They would have equal impact on civilian targets with the advantage less power would be required."

Schweitzer pointed out that the effects of RF and EMP weapons have been known to presidential commissions, the Infrastructure Protection Task Force, a Critical Infrastructure Working Group, an Information Warfare School at National Defense University as well as divisions on the Joint Staff in the Pentagon.

At the time, Schweitzer pointed out that there were some 90 to 100 references in 26 pages of the 70-page Quadrennial Defense Review that speaks to this new threat and there were some 2,800 references "while a more thorough search found many tens of thousands of documents where the key words 'radio frequency weapons' appear.

"For many reasons the knowledge is diffused," Schweitzer testified. "In the public sector the subject has yet to draw any real attention or concerted action."

Schweitzer added that while the federal government is aware of these threats from RF weapons, "a general understanding is lacking. This is true not only of RF weapons, but of their immediate threat to our (Department of Defense) and national infrastructure."

Nevertheless, Schweitzer said that vulnerable targets include airplanes, ships and vehicles.

"Of interest is the fact that we are doubly vulnerable because we are, and will remain, in an era of dual-use of military and civilian systems," he said.

As an example, Schweitzer pointed to military communications.

"Our military communications now passes over civilian networks," he said. "If an electromagnetic pulse takes out the telephone systems, we are in deep trouble because our military and non-military nets are virtually inseparable.

"It is almost equally impossible to distinguish between the U.S. national telecommunication network and the global one," Schweitzer said. "What this means is that it is finally becoming possible to do what Sun Tzu wrote about 2,000 years ago: to conquer an enemy without fighting.

"The paradigm of war may well be changing," Schweitzer said. "If you can take out the civilian economic infrastructure of a nation, then that nation in addition to not being able to function internally cannot deploy its military by air or sea, or supply them with any real effectiveness - if at all."

Schweitzer warned that in addition to the advanced countries, "pariah" nations have similar interests in developing RF weapons and some have the financial resources to develop or procure them.

"Russian information on RF weapons has been moving across borders for many years," he said. "The horse is out of the barn."

To determine whether cheap, home-made RF weapons could be built by people with little technical know-how, the U.S. Army a few years ago conducted tests at its Aberdeen Proving Ground in Maryland.

The tests, conducted on behalf of the Department of Defense, were successful.

"The message here is that any number of groups in the U.S. or other countries can do just this, relatively easily and at relatively low cost," said Mike Powell of Schriner Engineering in Ridgecrest, California. Schriner Engineering made the weapons.

The RF weapons were made from components readily available from electronic stores and out of catalogs. They generated an extremely short but powerful pulse of electromagnetic radio waves.

Powell said that such RF weapons also would be capable of bringing down an aircraft.

"Our whole nation is vulnerable," said David Schriner, who helped design the RF device. "We dance along with all this high technology, and we're very dependent on it. But if it breaks, where will we be?"

As a side note, Schriner sought to bring to the U.S. Capitol an RF weapon he made himself for display purposes when he testified before the Joint Economic Committee as far back as February 1998.

When the Sergeant-at-Arms to the U.S. House of Representatives heard what the capability of the device was - namely, capable of frying the electronics of computers that were in all the Capitol office buildings - Schriner was not allowed to bring the device into the building.

In his testimony titled "The Design and Fabrication of a Damage Inflicting RF Weapons by 'Back Yard' Methods," Schriner told of how he made one in his own garage.

His point was to show that the low-end technology needed to fashion together an RF weapon was readily available at very reasonable cost. In fact, his testimony went into detail on how a person can fashion such a device in his own home.

Schweitzer similarly had told the congressional Joint Economic Committee that he had challenged a group of young scientists from a national laboratory to devise an RF weapon. He testified that they had gone to a Radio Shack and bought the components needed to make the RF weapon. They then mounted it on top of a minivan.

"I had suggested a pickup truck and they didn't have a pickup truck, so it went on top of a minivan," Schweiter said.

"So, you've got a situation on the one hand where you could put components from Radio Shack inside of a van no bigger than a UPS (United Postal Services) truck with an antenna. And, that's really what an RF weapon often looks like, a radar or antenna showing, and drive it around the Dirksen (Senate Office) Building, make a series of passes over the Pentagon or the White House, or the FAA (Federal Aviation Administration facility out at Langley) and pulse," Schweitzer said.

The FAA facility at Langley, Va., just outside Washington up the George Washington Parkway shares a highly guarded campus with the Central Intelligence Agency.

With a radar loaded in the back of a van or pickup truck, it can be directed at whatever target is intended. Because the radar is directional, it won't have any effect on the vehicle carrying the radar as long as it is pointed away from its electronics.

"You make a number of passes around the building and emit these pulses," Schweitzer said. "They go through concrete walls. Barriers are no resistance to them. And, they will either burn out or upset all of the computers or the electronic gear in the building."

Given such power, it may be able to penetrate the walls at CIA, even though the windows are covered with a fine copper mesh to avoid listening devices picking up on classified conversations inside the buildings.

A surplus radar which operates at a multiple Gigahertz level and capable of reaching out over a thousand kilometers easily can be fashioned into a directional RF weapon.

Schweitzer in his testimony had pointed out that a radar mounted in the back of a truck and aimed toward traffic or buildings would make a very effective RF weapon.

Open source information also has documented how an RF weapon can be used against aircraft in an Intentional Electro Magnetic Interference, or IEMI. In a 2005 technical paper titled "Potential IEMI Threats Against Civilian Air Traffic," D. J. Serafin outlined such a scenario.

"An airport area could be a selected target for (Electro Magnetic) terrorism due to the high concentration of electronics equipment likely to be perturbed by EM threats, so producing broad chaos," Serafin wrote.

Serafin said that the main areas for a terrorist RF attack would be the airport terminal, including registration and transit areas, the traffic control tower, the parking areas for the planes and the touch down and take-off runways.

"Potential targets inside these areas include communication and navigation systems devoted to flight aircraft and safety...as well as computer networks..."

Sarafin gave the scenarios on introducing a small RF weapon concealed inside a suitcase, placed near terminal computer networks and a truck-mounted RF weapon, which could be located near an airport with direct view of the runways with a range extended to 1,000 meters, or the length of three 100-yard football fields.

In the case of Reagan National Airport in Washington, D.C., like many airports throughout the U.S., such a van or car could park at a lot adjacent to the runway where planes take off or land. On the flight path of the aircraft flying into Reagan National Airport, they fly over the Potomac River coming from the north and either fly across or near Roosevelt Island, which is a U.S. Park Service-administered site complete with woods and deer, with a statute dedicated to the first environmental president, Theodore Roosevelt.

There are many areas on the island in which someone easily could set up a radio-frequency weapon under the cover of a canopy of trees and through the various openings aim the device at aircraft that either are making their approaches or taking off, depending on wind direction.

In his scenario of introducing RF weapons into the area of the airport, Sarafin provided detailed descriptions of the microwave bandwidth, distance and megahertz ranges for the most effect - something which a technically competent terrorist would easily understand and duplicate.

Targets for the RF weapon would include such aircraft equipment as onboard navigation and global positioning systems. Because of the antenna on top of the aircraft's fuselage, these systems would be vulnerable, as would the display unit or computer inside the cockpit.

While the scenario concerned aircraft, there are reports that RF weapons have been used to defeat security systems, disable police communications and disrupt bank computers.

More advanced RF weapons can jam satellites, cause aircraft to crash, create pipeline explosions and large gas spills and cause life-saving medical equipment to malfunction. They also can be used to cause public water systems to malfunction and potentially create flooding as a result.

December 18, 2012

Media Contact: President Brad Dacus, 916-857-6900

Redding, CA?In a 45-page ruling, the Third Appellate District Court of Appeals of the state of California affirmed a lower court's decision that the City of Redding had violated free speech rights in prohibiting the sharing of literature in the outdoor area surrounding a local library.

During Constitution Day activities in 2010, a dispute arose between a Redding library manager and a Constitutional advocate over free speech activities on library grounds. The dispute led the city to adopt a new policy restricting activities outside of the library?including the free distribution of the Constitution and other similar literature.

Pacific Justice Institute affiliate attorney Timothy Pappas filed suit against the city and a Superior Court judge ruled in favor of PJI. The judge ruled that the new policy?in addition to a prior city code?violated free speech rights, and that the outside portion of a library constitute a public forum.

"This entire ordeal began on Constitution day, and it's the Constitution that has vindicated the public against these faulty laws," said PJI President, Brad Dacus. "Shouldn't libraries be in support of sharing ideas," Dacus questioned.

The City of Redding is not expected to appeal the case.

(DES MOINES) - Gov. Terry E. Branstad today issued the following statement upon learning the bodies of Evansdale cousins Lyric Cook-Morrissey, 11, and Elizabeth Collins, 9, were positively identified today. The girls disappeared July 13 while on a bike ride.

"It was with great sadness that I learned of the deaths of Lyric and Elizabeth. I want to commend the thousands of family members, friends and volunteers who never lost hope that they might be found alive. With this closure now comes great grief. The thoughts and prayers of my administration go out to those affected by this terrible tragedy. I want to assure everyone that our Department of Public Safety will continue working with local law enforcement officers. We want justice served for the taking of these young lives."

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Des Moines, December 7, 2012– Today, the Iowa Supreme Court appointed a committee to review the Expanded Media Coverage (EMC) Rules that allow audio and video recording and photography of courtroom procedures. The EMC Rules were first approved by the supreme court in 1979 and have been slightly modified since that time.

 

"As a district judge I enjoyed a good relationship with the members of the media covering high profile trials," Iowa Supreme Court Justice and Committee Chair Bruce Zager said. "Working with radio, television and print media was a collaborative effort that generally worked well. Today, judges and court staff are faced with requests from the media to use new technology in the courtroom such as laptops and smartphones for blogging and twitter. Those types of technologies and media are not specifically addressed in current rules which can cause some confusion in implementing the EMC Rules. The efforts of this committee will help both members of the media and members of the court navigate through media requests unheard of 10 years ago."

 

Prior to 1979, recording equipment and cameras were only allowed in the courtroom for ceremonial proceedings or educational purposes. The rules were changed because of the improvement in equipment and procedures used by the media and the desire of the supreme court for the judicial branch to be more open and accessible to the public. The EMC rules were first approved for a one year pilot period. The first trial covered under EMC Rules was a first degree murder trial in Black Hawk County, in 1980. The rules were made permanent after a successful pilot period.

 

"Most Iowans do not have the time to attend court proceedings, so they depend upon the media to keep them informed of the work of the courts," Justice Zager said. "For more than 30 years, the courts have worked with the media to allow audio and video coverage to the fullest extent possible without impinging the rights of litigants to a fair trial."

 

The Expanded Media Coverage Rules Committee members are:

Honorable Bruce Zager, Supreme Court Justice, Waterloo, Chair

Honorable Robert Hanson, District Judge, Des Moines

Honorable Christine Dalton, District Associate Judge, Davenport

Kent Wirth, District Court Administrator, Council Bluffs

Jennifer Miller, Marshall County Attorney, Marshalltown

Gregg Jones, Woodbury County Public Defender, Sioux City

Elaine Fehseke Gray, Attorney, Fort Madison

O. Kay Henderson, Radio Iowa, Des Moines

Peggy Senzarino, Mason City Globe Gazette, Mason City

Amanda Lewis, KCCI-TV News, Des Moines

Zack Kucharski, Cedar Rapids Gazette, Cedar Rapids

Tim Hynds, Sioux City Journal, Sioux City

Nancy Raffensperger Newhoff, Waterloo Courier, Waterloo

Kathy Richardson, Iowa Freedom of Information Council, Des Moines

Steve Davis, Court Liaison, Des Moines

 

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