James J. Tomkovicz

James J. Tomkovicz

Edward Howrey Professor

BA, University of Southern California, 1973
JD, University of California, Los Angeles, 1976

Professor Tomkovicz joined the faculty in 1982 after serving as a Visiting Professor at Iowa in the spring of 1981 and an Adjunct Professor at UCLA during the 1981-82 academic year. Prior to that, Professor Tomkovicz was an attorney with the Appellate Section of the Lands Division of the Department of Justice in Washington, DC. He also served as a law clerk to Hon. Edward J. Schwartz, Chief Judge of the US District Court for the Southern District of California, and as law clerk to Hon. John M. Ferren, Associate Judge of the District of Columbia Court of Appeals.

Since joining the Iowa faculty, Professor Tomkovicz has taught Criminal Law, Criminal Procedure: Investigation, Criminal Procedure: Adjudication, and Evidence. During the spring semester, 1992, he was a Visiting Professor at the University of Michigan Law School. He has also served as a Visiting Professor at the UCLA School of Law in 2003, 2008, and 2011 and at the University of San Diego School of Law during the summer sessions in 2004 and 2006.  During the spring semester, 2002, he was a faculty member in the London Law Consortium.

Professor Tomkovicz is the coauthor (with Professor Welsh S. White (1940-2005)) of a casebook entitled Criminal Procedure: Constitutional Constraints Upon Investigation and Proof (6th edition, 2008, LexisNexis).  A seventh edition of the casebook is in progress and should be available for Spring 2013 adoption.  He has authored an outline entitled Criminal Procedure (1997, Aspen) and a scholarly text concerning the Sixth Amendment right to legal assistance that is entitled The Right to the Assistance of Counsel (Greenwood Press, 2002).  In 2011, Oxford University Press published Professor Tomkovicz’s most recent book, Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order, an in-depth analysis of the seven constitutional bases for excluding evidence of guilt from criminal trials. In addition, Professor Tomkovicz has written several articles related to criminal procedure and criminal law. He is a member of the California and United States Supreme Court bars.

Professor Tomkovicz has authored amicus curiae briefs for the American Civil Liberties Union and the National Association of Criminal Defense Lawyers in Knowles v. Iowa, Florida v. J.L., Kyllo v. United States, United States v. Patane, Maryland v. Blake, and Arizona v. Gant.