Clnt. Secu. Comm'n 39.6

As amended through September 9, 2024

Rule 39.6 - Fund assessments

(1)Assessments. As a condition to continuing membership in the bar of Iowa, including the right to practice law before Iowa courts, every bar member, unless exempt or retired under the provisions of rule 39.6(6) or rule 39.7, must pay to the commission through the office of professional regulation the assessment specified in rule 39.6(2), 39.6(3), or 39.6(4), or as provided by court order. The assessment is to be paid annually and deposited in the fund created pursuant to the provisions of rule 39.3. Assessments are due on or before March 10 of each year, for that calendar year. A calendar year is defined as the period of time from January 1 through December 31.

(2)Initial and regular assessment schedule.

For the calendar year of the member's admission on examination to the bar of Iowa, and for the calendar year thereafter.................................................. None.

For the calendar year of the member's admission on motion to the bar of Iowa, a payment toward the $200 initial assessment in the amount of.................................... $50.

For the years after those described above, until an initial total of $200 in assessment has been paid, a payment of....................................................$50 annually.

For the years after an initial total of $200 in assessments has been paid, unless a special assessment is payable under rule 39.6(4), a regular annual assessment of..................$50 annually.

[Court Order June 13, 1979; November 13, 1984; November 15, 1985; November 11, 1986; November 19, 1987; October 20, 1988; November 16, 1989; December 15, 1994, effective January 3, 1995; November 9, 2001, effective February 15, 2002; December 5, 2007; November 26, 2013, effective December 26, 2013]

(3)Certificate of sufficiency. The commission must determine the net value of the cash and securities in the fund as of December 1 of each year. The commission must file with the supreme court prior to December 31 of each year a certificate regarding sufficiency of the fund. Whenever the value of such assets equals less than $900,000, after deducting all claims and requests for reimbursement against the fund, not disposed of at the date of valuation, and all expenses properly chargeable against the fund, a special assessment as set forth in rule 39.6(4) will be payable for the next calendar year after the date of the certificate of sufficiency. This special assessment will be paid in lieu of the regular assessment set in rule 39.6(2) by each member of the bar who has already paid the $200 initial assessment.

(4)Special assessment. For any calendar year in which a special assessment is payable in lieu of the regular assessment set in rule 39.6(2), the special assessment is established as follows:

a. Lawyers in full-time private practice. Members of the bar of Iowa in full-time private practice must pay to the commission a special assessment of $140.

b. Lawyers in part-time private practice. Members of the bar of Iowa who derive net income of less than $10,000 from the practice of law in Iowa during the preceding calendar year must pay to the commission a special assessment of $70. Net income from the practice of law for the purposes of this rule is that amount shown on the federal income tax return of such members for the appropriate year as "profit or loss from a business or profession." The commission may require members so electing to submit to the commission a copy of their federal income tax return for the appropriate year to substantiate the amount due hereunder.

c. Judges, government attorneys, corporate counsel. Any member of the bar of Iowa who certifies in writing to the commission that the member is a justice, judge, associate judge, or full-time magistrate of any court, or one who performs legal services only for a governmental unit, or one who performs legal services only for a particular person, firm, or corporation (other than a professional legal corporation or a law firm) and stands in the legal capacity with such person, firm, or corporation as an employee, must pay to the commission a special assessment of $70. However, a retired judge or justice recalled for temporary service is not required to pay an assessment or surrender their certificate of exemption.

(5)Multijurisdictional practitioners. Lawyers practicing in Iowa under the provisions of rule of professional conduct 32:5.5(J)(2) and rule 39.16 must pay the same initial, regular, and special assessments as members of the bar of Iowa in private practice.

(6)Members in full-time military service. Any member of the bar of Iowa who certifies in writing that the member is serving full-time in the military service of the United States is exempt from any assessment under this rule.

Clnt. Secu. Comm'n 39.6

Court Order November 9, 2001, effective 2/15/2002; 12/5/2007; 11/26/2013, effective 12/26/2013; 4/25/2014; August 19, 2016, effective 9/1/2016; 12/13/2017, effective 1/1/2018; court order December 12, 2023, effective 1/1/2024.