Iowa Ct. R. 39.3

39.3(1) Creation, operation and purpose. A trust fund, to be known as the “Clients’ Security

Trust Fund of the Bar of Iowa” (fund) is hereby authorized and created.

39.3(2) Administration. The fund will be operated and administered by the commission in

accordance with this chapter.

39.3(3) Purpose. The purpose of the fund is to prevent defalcations by members of the Iowa

bar, and insofar as practicable, to provide for the indemnification by the profession for losses

caused to the public by the dishonest conduct of members of the bar of this state, and to provide

funding for the administration of the lawyer disciplinary system and other programs that impact

the disciplinary system including, but not limited to, the Iowa Lawyer’s Assistance Program.

39.3(4) Powers and duties of commission relating to the fund. The commission, in addition to

the powers granted elsewhere in this chapter, also has the following powers and duties:

a. To receive, hold, manage, and distribute, pursuant to the direction of the supreme court and

this chapter, the moneys raised hereunder, and any other amounts that may be received by the

fund through voluntary contributions or otherwise.

b. To adopt, subject to the approval of the supreme court, regulations for the administration of

the fund and the procedures for presentation, consideration, recognition, rejection and payment of

claims, and for conducting business. A copy of such regulations must be filed with the clerk of

the supreme court.

c. To enforce claims for restitution arising by subrogation or assignment or otherwise.

d. To invest the fund, or any portion thereof, in those investments and in the percentages

authorized by Iowa Code section 97B.7, (investments for the Iowa Public Employees’ Retirement

System); provided, however, the commission is not required to invest such portions of the fund

as it may deem necessary to be currently available for payment of claims and other expenses

required by this chapter. All interest or other income received in the operation of the fund will

become a part of the fund.

e. To employ and compensate consultants, agents, legal counsel, and employees.

f. To delegate the power to perform routine acts that may be necessary or desirable for the

operation of the fund, including the power to authorize disbursements for routine operating

expenses of the fund, and all necessary expenses of the assistant administrator and staff in the

performance of their duties. Authorization for payment of claims, however, may be made only by

the commission under the provisions of this chapter.

g. To sue in the name of the commission without joining any or all individual commissioners.

h. To purchase complementary fidelity coverage for the fund in such amount and with such

limitations or deductible limits as in its discretion it determines proper.

i. To pay reasonable and necessary attorney fees incurred by the commission in connection

with disciplinary proceedings based on attorney defalcations or which are initiated pursuant to

rule 39.2(2)(e).

j. To fund programs that the commission believes will assist in preventing defalcations by

attorneys. The annual allocation for any such program must not exceed two and one-half percent

of the fund value as of the beginning of the fiscal year in which the funding is to occur. No such

funding may be provided unless there is at least twice the minimum balance required by rule

39.6(3) in the fund at the beginning of the fiscal year in which the funding is to occur.

39.3(5) Applications to the supreme court. The commission may apply to the supreme court

for interpretations of this chapter and of the extent of the commission’s powers thereunder and for

advice regarding the proper administration of the fund. Interpretations of the supreme court are

obligatory when rendered.