The commission recommended an eighteen-month suspension, at the high end of the parties stipulation, to commence only after Johnson's disability suspension had been lifted. Johnson's prior missteps have already been accounted for as ethical violations. Id. 21-0696: LS Power Midcontinent, LLC v. State Filed Mar 24, 2023 View Opinion No. In addition, OBriens Iowa law license was already inactive, having been indefinitely suspended last June for separate violations. Id. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. Law enforcement also found an orange prescription bottle with foil-wrapped candy that contained LSD. Iowa Supreme Court Attorney Disciplinary Bd. v. Capotosto - Casetext She has presented on the following topics: University of Iowa College of Law, 2007, JD, US Court of Appeals for the Eighth Circuit, US District Court for the Northern District of Iowa, US District Court for the Southern District of Iowa. A worker fired after an elderly woman's death outside a Bondurant assisted living center is suing her former employer, claiming that the company scapegoated Black employees while . Operating while intoxicated create[s] a grave risk of potential injury to anyone on the same road. Iowa Sup. Case No. v. Khowassah, 890 N.W.2d 647, 651 (Iowa 2017) (noting that a pattern of criminal conduct reflects adversely on an attorney's fitness to practice law and demonstrates disrespect of the law); Cannon, 821 N.W.2d at 87980 (Cannon's repeated convictions for substance abuse-related offenses demonstrate disrespect for the law and law enforcement.); see also id. E. Rule 32:8.4(c). Id. First, because Johnson had previously dropped out of treatment, the commission deemed Johnson's completion of the eight-month Bridges of Iowa program to be only a neutral factor. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against Watkins on December 18, 2018. [A]n attorney who commits a criminal act reflecting adversely on his or her fitness as a lawyer may be found to have violated rule 32:8.4(b) even if the authorities never charged the attorney with a crime. Iowa Sup. His son, Denis, told Gailey the state planned to charge Denis with sexual abuse of his stepdaughter. Criminal conduct outside of an attorney's law practice can certainly be a basis for sanctions, but context is relevant. The defendants then requested sanctions, arguing that Leitner and McFadden were ethically obligated to ensure a factual basis for all his claims before filing his complaint. v. Hauser, 782 N.W.2d 147, 149 (Iowa 2010). The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Board's jurisdiction. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Our rules require us to determine whether an attorney's conduct violates our ethical rules, and if it does, we must determine the proper sanction for the violation. ). Brueggeman v. Osceola County. Rule 32:3.4(b). William Morris covers courts for the Des Moines Register. Though prior cases can be instructive, the sanction warranted in a particular case must be based on the circumstances of that case. Iowa Sup. Fisher was also accused of ethics violations tied to his representation of an Iowa woman in a divorce case. The court found that while there were several aggravating factors to consider in the case, there were no mitigating factors that would suggest leniency was in order. Id. The Iowa Supreme Court Attorney Disciplinary Board (Board) alleged that William W. Ranniger violated Iowa Rule of Professional Conduct 32:1.8 (a) by entering improper business transactions with a client and rule 32:1.8 (c) by preparing a will that included a gift to Ranniger's son. Matter of Alcantara, 144 N.J. 257, 676 A.2d 1030, 1035 (1995). Please try again. The Attorney Disciplinary Board is the agency of the Supreme Court of Iowa that receives, initiates, and investigates complaints of ethical misconduct filed against attorneys who are authorized to practice in Iowa. In considering our precedents, we find a suspension of three years the appropriate sanction in this case, the court ruled. The discipline board first filed its complaint against Leitner in March, according to court filings. In accordance with Iowa Code 21.5(1)(a) & (d) and 272C.6(4), the Board will go into closed session to review or discuss records which are required or authorized by state or federal law to be kept confidential, or pending licensee discipline cases and investigations, including any cases ready for final resolution through closure or consent . Nor were they the only ones who failed to respond to warnings. Additionally, Johnson's completion of substance abuse treatment is a mitigating factor. On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). State v. Vesey, 241 N.W.2d 888, 891 (Iowa 1976). 321J.21. v. Dunahoo, Staff Mgmt. Attorney Advertising. Id. The license suspension may have little practical effect on OBrien. Board has authority to take disciplinary action against you under Iowa Code Chapters 17A, 147, 148, and 272C, and Iowa Administrative Code rule 653 - 25.25. . at 881. On September 19, 2022, we approved an amendment to rule 34:23(1) providing that [t]he suspension period will start ten days from the date of the order unless the order states otherwise. Thus, Johnson's suspension will commence ten days from the date of this decision. 22-2003 Case No. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. The Grievance Commission of the Iowa Supreme Court had recommended that the court revoke the Iowa law license of Sioux City lawyer Brien P. OBrien for his long history of disciplinary actions and his more recent neglect of a clients case. at 300. In an attorney disciplinary action, the grievance commission recommends thirty-day suspension for attorney's violation of conflict of interest rules. Even in the wake of earlier failures, attorneys should receive credit for addressing their substance abuse issues. of Prof'l Ethics Conduct v. D'Angelo, 619 N.W.2d 333, 338 (Iowa 2000) (second quote)). The Attorney Disciplinary Board has no jurisdiction of a negligence claim. Iowa lawyer suspended for 4 months without possibility of reinstatement We take note of two other precedents. Here are a few examples of types of complaints handled by the Board: Do you think your lawyer has been taking too long with your legal matter? Iowa Supreme Ct. Att'y Disciplinary Bd. We are bound by the parties stipulations of fact, but not by their stipulations as to ethical violations or recommended sanctions. Upon our review, we concur the respondent violated our ethical rules and suspend his license to practice law for sixty days. That charge was dismissed due to the state's failure to file a timely trial information. I. The attorney has accepted responsibility and consents to a disciplinary suspension of between one year and eighteen months. Daniels also worked that night but in the assisted living wing of the facility. Denis requested Gailey deliver the letter to Dawn and speak with Dawn face to face on his behalf regarding her potential testimony in the criminal action. Accordingly, offering Dawn a favorable dissolution settlement is an inducement prohibited by law and a violation of rule 32:3.4(b). Counsel represented her in the dissolution matter. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. He has won numerous state and national awards for reporting and editorial writing. In Weaver, the attorney had a longstanding problem with alcohol abuse and a long list of past disciplinary and legal problems. 812 N.W.2d at 15. Iowa Ct. R. 35.10(2). The stipulation contained a stipulation of facts and a stipulation recommending a thirty-day suspension. Cases, Dockets and Filings in Iowa | Justia Dockets & Filings Those charges stemmed from his failure to file Iowa income tax returns. Rule 32:8.4(b) states, It is professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Id. F$!|GWL+P)JOr7]G$QLg+:hhJg&hp^UDJ_-e}pjtF(Vb3aku3%V#wbEcc_R" J. Johnson Enters but Then Leaves Inpatient Substance Abuse Treatment. {{ ! The temperature overnight had dipped as low as 7 below zero. You will now be taken from the global Dentons website to the $redirectingsite website. Johnson then continued to drive under the influence, resulting in a second OWI arrest and conviction just months later. Iowa Supreme Ct. Att'y Disciplinary Bd. Most complaints that involve the behavior of an attorney outside the practice of law, such as rudeness, the use of profanity, landlord-tenant disputes and debtor-creditor matters, are not within the Boards jurisdiction. Absent an objection by the board and under the condition that Gailey has paid all costs assessed under rule 35.26, we shall reinstate Gailey's license to practice law on the day after the sixty-day suspension period expires. v. Sears, 933 N.W.2d 214, 221 (Iowa 2019) (alteration in original) (quoting Iowa Sup. Instead of holding a hearing, the commission decided the case on a joint stipulation filed by the board and Gailey. Therefore, we find Gailey violated rule 32:8.4(b). Gailey advised Dawn to talk to the county attorney about these concerns. Seized, 501 N.W.2d 482, 485 (Iowa 1993). The Supreme Court of Iowa Gailey responded that he believed that if she were to testify that there was no permanent damage, physically or psychologically, that the criminal charges would be lessened. The Iowa Supreme Court Grievance Commission (commission) recommends a suspension of eighteen months. IA Supreme Court Opinions and Cases | FindLaw at 553. Attorney wellness is defined as a separate, designated, and dedicated session of instruction designed to help attorneys detect, prevent, or respond to substance-related disorders or mental illness that impairs professional competence. Id. On February 13, 2021, a state trooper stopped Johnson on Interstate 80 in Jasper County because he was driving under revocation. One week later, Johnson resolved the Dallas County case by pleading guilty to possession of methamphetamine. endobj The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. Johnson was described as argumentative. He initially said he had tweaked his back in the single-vehicle accident and could not continue doing field sobriety tests because of back pain. The fact that the parties stipulated a recommended sanction requires us to conclude the parties also stipulated Gailey's conduct violated Iowa's Rules of Professional Conduct. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Part of the conversation between Gailey and Dawn also related to her concerns about the prosecutor asking her daughter to testify at trial. Lawyers in 2 states sanctioned over association with national No. In an attorney disciplinary action, the grievance commission recommends six-month suspension for the attorney's violation of rules of professional conduct. Iowa nursing home shortage causing families to live hours apart. Though county attorneys and other prosecutors are bound by ethics rules, their discretion whether or not to initiate a criminal prosecution is seldom a basis for a complaint of ethical misconduct. The email address cannot be subscribed. In addition, OBrien was criminally convicted of fraudulent practices in 2004. On May 7 Gailey filed an appearance on behalf of his son in the dissolution matter. Iowa Code - FindLaw's hosted version of the state code of Iowa. As for aggravating circumstances, we agree that Johnson's pattern of misconduct is an aggravating factor. Id. 749 N.W.2d 666, 669 (Iowa 2008). Iowa Supreme Court Attorney Disciplinary Bd. v. Moothart - Casetext We review lawyer disciplinary proceedings de novo. C. The Dallas County Case. Ct. Att'y Disciplinary Bd. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. Ct. Att'y Disciplinary Bd. Fisher later admitted he withdrew $615 of that retainer before performing any work on the case. E. The Jasper County Case. Iowa nursing home sued for discrimination after fatal elder abuse case Iowa R. Profl Conduct 32:8.4(b). Deputy Editor Clark Kauffman has worked during the past 30 years as both an investigative reporter and editorial writer at two of Iowas largest newspapers, the Des Moines Register and the Quad-City Times. How long will the matter take? Iowa Capital Dispatch is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. In determining the sanction a lawyer must face for misconduct, we have stated: Iowa Supreme Ct. Bd. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. A subsequent state investigation found she'd left the building as early as 9:30 the night before, setting off alarms connected to her room door and the outside door of the building, but workers didn't find her until after 6 a.m. the following day. Iowa Sup. He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. Iowa Supreme Court Attorney Disciplinary Board v. Andrew Aeilts Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. Iowa Supreme Ct. Att'y Disciplinary Bd. Thats why Iowa Capital Dispatch, a nonprofit, independent source for quality journalism, is working every day to keep you informed about what government officials are doing with your money, your freedom and your safety. We later overruled Johnson in part. On the possession count, Johnson received a concurrent 180-day sentence with all but one day suspended, to run concurrent with the OWI sentence. On May 10, Johnson resolved the second Polk County case by pleading guilty to possession of oxycodone. All costs are taxed to Johnson pursuant to rule 36.24(1). The Iowa Supreme Court Attorney Disciplinary Board first learned of UpRight Law when a complainant said she called the bankruptcy firm in March 2019. Johnson did not commit any acts of violence, and there was no showing that any of his criminal conduct was directly connected to his law practice. A lawyer might handle a matter in a way that is inadequate but not unethical. So are his cooperation with the Board and acceptance of responsibility. Iowa Legal Research & Court Cases: Find IA Opinions at FindLaw After a longtime client was convicted of bankruptcy fraud and ordered to repay "a significant amount of money" to the federal government, Leitner created a new business entity, allegedly with Leitner as its sole employee, to allow the client to continue working as a seed dealer without having his wages garnished to repay his debts. Thus, even in Johnson, we viewed whether the criminal act occurred in connection with the attorney's law practice as relevant to the sanction. on Prof I Ethics Conduct v. Gartin, 272 N.W.2d 485, 487 (Iowa 1978). A representative of the facility reported that Johnson had struggled with motivation and really minimize[d] his use, which he didn't see as a problem. Probation violation reports were filed. The court rejected aggravation based on prior discipline 'Bullying' Iowa lawyer who 'completely botched' a case faces license Pertinent considerations include the lawyer's mental state; the extent to which the act demonstrates disrespect for the law or law enforcement; the presence or absence of a victim; the extent of actual or potential injury to a victim; and the presence or absence of a pattern of criminal conduct. Id., cmt. 1:57. A complainant need not be a US citizen. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. 616 N.W.2d at 552. Contact Me Get in Touch! 2 0 obj Justia US Law Case Law Iowa Case Law Iowa Supreme Court Decisions 2014 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. AARON J. THOMAS IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. AARON J. THOMAS Annotate this Case. See id. Upon learning of this kidnapping, Gailey advised the authorities of Denis's actions. Another aggravating factor is a previous private admonishment for making an extrajudicial statement regarding a pending criminal matter concerning his two sons. The judge has set a Feb. 3 hearing date and ordered McFadden and Leitner to explain why McFadden should not be held in contempt of court. She also was not fired. The Polk County District Court ordered that Johnson remain in jail until a bed opened up in the Bridges of Iowa residential treatment program. In lawsuits, disputes about the facts are resolved by the courts. the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. Johnson entered that program in August 2021 and successfully completed it in April 2022. B. Templeton, 784 N.W.2d at 768 (quoting Iowa Supreme Ct. Att'y Disciplinary Bd. After 11 prior disciplinary cases, a criminal conviction for fraud and his retirement from practicing law, a western Iowa attorneys law license has been suspended by the Iowa Supreme Court. D. Rule 32:8.4(b). Id. Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. The dissolution settlement was unrelated to any lawful reimbursement for her testimony. Tara van Brederode and Allison A. Schmidt, Des Moines, for complainant. Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. Iowas congressional candidates answer questions on, Restaurant inspection update: Sewage, rodent carcasses, mold, Governor's agenda skates past first legislative 'funnel'. A contested case hearing shall be held in this matter before the Iowa Board of Medicine.