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Court makes clear: Donor intent cannot be casually discarded

Here we go again.

If the University of Iowa and Iowa attorney general's office get their way, a legacy gift from a grateful and accomplished graduate will no longer help students like him.

The graduate, Ezra L. Totton, was an esteemed chemist during the latter half of the 20th century. One chapter in his great American success story was written in the chemistry building at the University of Iowa in the 1940s.

Totton's story deserves retelling because he was at the center of an Iowa Supreme Court decision last week.

It’s not the crime, it’s the cover-up

Here’s betting District Judge Adria Kester does not read the Aspen Daily News. That Colorado newspaper’s front-page slogan declares, “If you don’t want it printed, don’t let it happen.”

What happened to Judge Kester occurred outside of her usual venue — the 22 courthouses of north-central and northwest Iowa where, until recently, she served as chief judge of the Second Judicial District.

It happened when that Boone County resident found herself on the other side of the law, as a criminal defendant.

Now, she is keeping the story alive by filing a civil lawsuit seeking special treatment she likely did not accord to those who appeared before her.

This occurs when officials fail to use their eyes, ears

At the risk of blurring the increasingly fuzzy line between church and state, here is a Gospel reading for public employees and elected officials, according to Matthew:

“But blessed are your eyes, for they see; and your ears, for they hear."

Unfortunately, it does not take much looking these days to see government leaders bedeviled by lousy optics and burdened by tone deafness. Perhaps it is a lack vision or just a refusal to listen.

Lawmakers wag their fingers with new Ian Roberts Resume Fraud law

Come July, Iowa employers may want to add an ominous warning on their job application forms: tell a lie and you could go to jail.

That’s right — no more puffing the resume with false degrees from the University of Okoboji or Faber College.

And do not claim to have chauffeur’s license when you lack the permit needed to drive a truck.

That’s because Gov. Kim Reynolds signed House File 2337 into law last week, making it a crime to knowingly provide false academic degrees or credentials for the purpose of obtaining employment or other personal gain.

The legislation does not use these words, but the bill could have been named the Ian Roberts Resume Fraud Act.

Respectful or not, America enables criticism and dissent

Noah Petersen and Priscilla Villarreal live 1,200 miles from each other, Petersen in Newton, Iowa; Villarreal in Laredo, Texas. They share a key connection despite that distance.

Each has encountered government punishment for exercising their First Amendment rights. Both went to court to fight for their freedoms.

For Petersen, he had the good fortune of litigating in Iowa, where two judges grasp what First Amendment freedoms encompass. So, his civil lawsuit continues today.

Meanwhile, for Villarreal, better luck next time. When her civil case reached the U.S. Supreme Court a week ago, a majority of justices shrugged off the fundamental rights at stake by refusing to hear her appeal.

No right way or wrong way to think, act or speak in U.S.

We all need reminders now and then.

Some of us believe there is only one correct way to think and speak and act in these United States of America. But that is not true.

Americans are not who we are because we are the same. Americans are who we are, and our nation has long been a shining beacon, because we are all different and were brought together by that freedom to be different.

What would my old Cousin Joe say about today’s Uncle Sam?

My ancestors trace their roots in America to before the days the Founding Fathers signed the Declaration of Independence.

You may have seen my distant cousin, Joseph Hewes, in the massive painting hanging in the rotunda of the U.S. Capitol. It shows colonial leaders including Cousin Joe presenting the Continental Congress with that declaration of their discontent with King George III and British rule.

Hewes, a merchant, was 46 years old when he signed the most famous document in our nation’s history. In the eyes of the king, Hewes and the other signers were insurrectionists and instigators.

Because of this, Benjamin Franklin is credited with saying, “We must all hang together, or most assuredly we will all hang separately.”

One goal of Cousin Joe and the other Founders in establishing the United States of America was to prevent a concentration of power in a monarch. They had experienced the unchecked authority of a king and wanted no more of it.

So, what would my rebellious ancestor and his compatriots from 1776 think about the course of human events in 21st century America? Would they speak or act against present-day government leaders who have divided and not united us?

Hearing the voices of America

January ended with a notable week for federal courts because of the voices of its judges.

Judges in Minnesota and Texas spoke with clarity in these troubled times. In between them, a longtime Iowa federal judge’s voice fell silent after a quarter century of delivering justice, along with lessons in compassion, fairness and our shared history.

Robert W. Pratt was 78 when he died last week. The Emmetsburg native was a U.S. district judge in the southern half of Iowa from 1997 to 2023.

Pratt began his legal career working for Iowa Legal Aid, a nonprofit law firm that champions society’s underdogs and gives a voice to those who rarely are heard in our society.

As a judge, Pratt was at the center of a 1997 U.S. Supreme Court case, Gall vs. United States, that recognized federal judges deserve a louder voice when issuing sentences in criminal cases.

Before the Gall precedent, federal sentencing guidelines severely constrained judges in the name of exacting uniform penalties nationwide. For Brian Gall, who was accused of drug law violations, that would have meant three years in federal prison.

But Judge Pratt, after hearing the facts of Gall’s brief involvement in a drug conspiracy, his actions to turn his life around and stay out of legal trouble for years after, opted for probation not prison.

The U.S. Justice Department objected because the sentence did not conform to the federal guidelines. But the Supreme Court sided with Pratt by making clear that sentencing guidelines are advisory, not mandatory. The justices said when trial judges offer reasonable explanations for their decisions, appeals courts should not second-guess them just because they might have imposed a different sentence.

The Supreme Court’s ruling underscored that trial judges do more than rubber stamp government policies or political agendas. Instead, as constitutionally independent arbiters, judges can exercise their discretion as to whether, when and how to act.

That brings us to two judges whose decision-making was on public display in cases growing from the controversial actions in Minneapolis by demonstrators and federal immigration agents. The judges’ orders sharply rebuked federal officials.

On Saturday, U.S. District Judge Fred Biery of Texas ordered the Department of Homeland Security to release Minneapolis asylum seeker Adrian Conejo Arias and his 5-year-old son Liam from a Texas detention center. A photo of Liam in his blue floppy-eared winter hat quickly became a symbol of the government’s crackdown on immigrants.

Iowa State fumbles with public records; five month delay in providing info on overseas football trip

The 2025 college football season is in the history books.

The season ended with last week’s national championship victory by Heisman Trophy winner Fernando Mendoza and his Indiana University Hoosiers over the University of Miami.

The season began back on August 23 in Dublin, Ireland, matching Iowa State University against Kansas State University in the Aer Lingus College Football Classic.

A lot has happened since the Cyclones’ 24-21 victory.

Iowa State President Wendy Wintersteen retired. The Iowa Board of Regents screened a bunch of candidates and hired David Cook, the North Dakota State University president, to replace her.

Cyclone coach Matt Campbell resigned after Penn State University lured him away to take over its football program. That same day, Iowa State announced he would be replaced by Jimmy Rogers from Washington State University.

Yet, in the five months since the football season started, Iowa State still has not provided me with financial records I requested on September 4 concerning the Ireland trip and the Aer Lingus game.

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