Assistant Des Moines County, IA Attorney Henkelvig:
You have communicated that it will cost approximately $9000 to search the Des Moines, IA, County information systems for the eight requested electronic mail addresses. I would like to respectfully bring your attention to the following sections of the Iowa Rules of the Court and the Iowa Code:
“In the course of representing a client, a lawyer shall not knowingly:
Iowa Rules of the Court Chapter 32, Rule 32:4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS
(a) make a false statement of material fact or law to a third person; or
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by rule 32:1.6.”
“(a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.”
Iowa Rules of the Court Chapter 32, Rule 32:4.4 RESPECT FOR RIGHTS OF THIRD PERSONS, Sub-Section (a.)
“(b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Iowa Rules of Professional Conduct.
Iowa Rules of the Court Chapter 32, Rule 32:5.1 RESPONSIBILITIES OF A PARTNER OR SUPERVISORY LAWYER, Sub-Sections (b.) and (c.)
(c) A lawyer shall be responsible for another lawyer’s violation of the Iowa Rules of Professional Conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.”
“(a) A lawyer is bound by the Iowa Rules of Professional Conduct notwithstanding that the lawyer acted at the direction of another person.
Iowa Rules of the Court Chapter 32, Rule 32:5.2 RESPONSIBILITIES OF A SUBORDINATE LAWYER
(b) A subordinate lawyer does not violate the Iowa Rules of Professional Conduct if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty.”
“It is professional misconduct for a lawyer to:
Iowa Rules of the Court Chapter 32, Rule 32:8.4 MISCONDUCT, Sub-Sections (a.), (b.), and (c.)
(a) violate or attempt to violate the Iowa Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;”
“b. A government body shall not acquire any electronic data processing system for the storage, manipulation, or retrieval of public records that would impair the government body’s ability to permit the examination of a public record and the copying of a public record in either written or electronic form.”
Iowa Code Section 22.3A(2.)(b.)
Des Moines, IA County Population
| Population (2020) | |
|---|---|
| • Total | 38,910 |
| • Density | 90/sq mi (35/km2) |
Reference: https://en.wikipedia.org/wiki/Des_Moines_County,_Iowa
The below link will provide a table with over 20 completed public record requests submitted in accordance with Iowa Code Chapter 22, requesting the exact same search that Des Moines County, IA, was requested to perform. Populations of these government bodies range from approximately 6792 to 156,420.
Attached is the fee receipt from Iowa State University for the same requested search. Iowa State University, as confirmed by public records, has over 30,000 students and faculty with information system accounts that will be checked upon my submission of the fee in accordance with Iowa Code Section 22.3 next week, as I reported to Iowa State University. Logic would suggest that even if Des Moines County, IA, provided information system accounts for every one of its citizens, there is no ethical, lawful, or reasonable reason for a citizen to pay Des Moines County, IA, over $9000 to complete the same search.
Incompetence, negligence, or failure to ensure the delivery of accurate data does not excuse evidence of a violation of the Iowa Code or damage caused to a citizen protected by the Constitutions of the State of Iowa and the United States of America.
Assistant Des Moines County, IA Attorney Henkelvig, I must respectfully request the next time you request that I provide your county over $9000 that you say please. As the evidence indicates, we are not in Heaven, but apparently, according to Kevin Costner, this is Iowa.
Respectfully,
Cipher Hunter
Legal Name: Michael J. Merritt, as documented on Birth Records stored and preserved by Marshall County, IA.
Legal Disclaimer: I am not a lawyer. I am a “complicated” citizen and Veteran that is going to get a proper response from Des Moines County, IA, that reflects the requirements the Iowa Legislature has communicated in Iowa Code Chapter 22. No legal references or creative writing in this electronic mail represent a past, present, or future violation of the US or Iowa Code. The words in this electronic mail represent the constitutional spirit of a Veteran that is going to protect others from what he has lost in accordance with the US and Iowa Code.
“Do we, then, nullify the law by this faith? Not at all! Rather, we uphold the law.”
Romans 3:31
Attachments
Iowa Open Records Request – Des Moines County – 496 – CM-X2
Iowa Open Records Request – Des Moines County – 496 – CM-X2 – Invoice
Iowa Open Records Request – Iowa State University – 604 – CM-X2
Iowa Open Records Request – Iowa State University – 604 – CM-X2 – Proof of Service
Iowa Open Records Request – Iowa State University – 604 – CM-X2 – PRR 3187 Invoice
