This resulted in the attorney's arrest, revocation of his parole, and a conviction for third-degree harassment. All justices concur except CADY, J., who takes no part. [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. 21-0696 v. Bieber, Iowa Supreme Ct. Attorney Discip. Seized, 501 N.W.2d at 485. If an investigation is opened, the Board sends notice with a copy of the complaint to the lawyer, who is required to provide a timely written response. The lawyer's accounting (which was confirmed by the Iowa Bar/Disciplinary Board) showed that he received a total of $18,200.00 and, after for the fifty-percent split and other tax and reimbursement considerations, the lawyer wrongfully misappropriated $9,200.00 from the law firm. On review of the report of the Iowa Supreme Court Grievance Commission. 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. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. Upon our review, we concur the respondent violated our ethical rules and suspend his license to practice law for sixty days. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. dennis.tibben@iowa.gov, or Assistant Attorney General Katie Carl at 515-281-6661 . What are the unpredictable factors? In response to Dawn's question as to what the letter meant, Gailey explained to her he believed that if she were to testify that there was no permanent damage, physically or psychologically, the criminal charges against Denis would be lessened. Follow Iowa Capital Dispatch on Facebook and Twitter. Accordingly, we give this charge no further consideration. L. Guilty Plea in the Jasper County Case. Ct. Att'y Disciplinary Bd. The disciplinary case marks the second time Fisher has been accused of ethics violations. We disagree. ). 3 0 obj We treat a stipulation conceding an issue in the case like a settlement agreement. The attorney discipline case going before the Iowa Supreme Court could end that career permanently, as a panel of the Iowa Supreme Court Grievance Commission recommended that Leitner's license be permanently revoked, according to a letter it wrote to the court Jan. 19. We are bound by the parties stipulations of fact, but not by their stipulations as to ethical violations or recommended sanctions. 22-1011 Decided: October 14, 2022 Mansfield, J., delivered the opinion of the court, in which all justices joined. Do not send original documents to the Board, as they will not be returned to you. 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. M. The Deferred Judgments Are Revoked. Daniels also worked that night but in the assisted living wing of the facility. In the letter, Denis states: "I have no fantasies in my head that I'm gonna get off light on all this but I think that you could be my light at the end of the tunnel. 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. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. engage in conduct that is prejudicial to the administration of justice." Matter of Prop. Daniels agrees that she did not respond to any alarms the night Stewart went missing, but says there's a reason for that: because she was assigned to the assisted living wing that evening, alerts from the memory care unit were not routed to her iPad and she did not receive any notifications of alarms in that part of the building until she saw them on the office computer later in the morning. Four months after taking the case, Fisher accepted a corporate job, and three days before a scheduled court hearing on the parental-rights issue, he told the couple he was longer practicing law. Please see our republishing guidelines for use of photos and graphics. One week later, Johnson resolved the Dallas County case by pleading guilty to possession of methamphetamine. HH `hsPbj(Q6+_>0j{EY! &J(Xn+Lxv%]@ The lawyer must promptly and completely account for a clients money. In re Estate of Clark, 181 N.W.2d 138, 142 (Iowa 1970). On May 7 Gailey filed an appearance on behalf of his son in the dissolution matter. See Iowa Ct. R. 36.21(1). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. See Newport, 955 N.W.2d at 185 (finding a pattern of similar misconduct to be aggravating). However, we are not bound to enforce these stipulations if they are unreasonable, against good morals, or contrary to sound public policy. On June 29, while still representing Denis in the dissolution matter, Gailey met with Dawn. Finally, if we find a violation, we will determine the appropriate sanction. As we have noted, the parties stipulated to a suspension of twelve to eighteen months, and the commission recommended an eighteen-month suspension. Get a free directory profile listing The parties have stipulated to certain mitigating and aggravating factors. v. Rhinehart, Iowa Supreme Court Attorney Disciplinary Bd. 321J.2. 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. Free and independent journalism is what keeps our public servants accountable and responsive to the people. Write to confirm all important understandings. Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. See id. Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. There, an attorney neglected his clients and mishandled their cases and money while struggling with alcoholism. Id. A criminal-defense lawyer who was reprimanded for allegedly lying to the court says his discipline is in some way linked to the Jan. 6 riots at the U.S. Capitol. We do believe, however, Gailey's conduct went farther than just explaining the consequence of Dawn's testimony. Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. It is essential that the aider and abettor have knowledge of the perpetrator's criminal activity prior to its commission. v. D'Angela, 710 N.W.2d 226, 230 (Iowa 2006) (quoting Iowa Supreme Ct. Bd. Sarah has a broad range of clients including insurance companies, banks and financial institutions, commercial property owners, individual property owners, product designers and manufacturers, and employers. See Iowa Code 124.401(5) (2020); id. We agree with the commission that a lengthy suspension is needed to protect the public. Helpful information about choosing and working with an attorney. A trial information was filed in Dallas County charging Johnson with possession of methamphetamine, possession of oxycodone, and driving while revoked (the Dallas County case). Bd. The Board is not a collection agency. West Des Moines police found methamphetamine on Johnson's person and in his vehicle. Jaybird Senior Living does not yet have an attorney listed representing it, and a message to the company about the suit also was not returned. The parties stipulated, and the commission concluded, that two of our precedents were particularly relevant: Iowa Supreme Court Attorney Disciplinary Board v. Weaver, 812 N.W.2d 4, and Iowa Supreme Court Board of Professional Ethics & Conduct v. Stefani, 616 N.W.2d 550 (Iowa 2000) (en banc). Iowa Supreme Ct. Att'y Disciplinary Bd. at 650. . v. Lynch, 901 N.W.2d 501, 511 n.5 (Iowa 2017). On the other hand, all of his offenses were misdemeanors, and all were related to Johnson's ongoing battle with substance abuse. 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. v. Saunders, 919 N.W.2d 760, 764 (Iowa 2018). Ct. Att'y Disciplinary Bd. Leitner filed 11 near-identical lawsuits in May 2022 accusing the defendants of making unspecified defamatory statements about McFadden. By contrast, Johnson has no prior disciplinary history and has taken steps to overcome his addiction to controlled substances. On August 4, Johnson resolved the Jasper County case by pleading guilty to both the possession of methamphetamine first offense and driving while revoked charges. Charles L. Harrington and Amanda K. Robinson, for complainant. Iowa Courts. 4 0 obj Johnson repeatedly combined illegal drug use with driving while intoxicated and driving while under revocation. at 663 (starting the disciplinary suspension on the date of release of our opinion); Weaver, 812 N.W.2d at 16 (same). The commission considered the matter on the basis of the parties stipulation without further submission or hearing. See Iowa Sup. Krull paid OBrien $2,750 as a retainer. See Iowa Ct. R. 36.16(2)(3). of Prof'l Ethics Conduct v. Thompson, 595 N.W.2d 132, 134 (Iowa 1999) (stating court not swayed by attorney's argument that his actions were those of a concerned father, not an attorney, and therefore should not be held to have reflected adversely on fitness to practice law). See Iowa Sup. Contact. See id. A. In Stefani, the attorney initially pleaded guilty to possession of cocaine, a federal misdemeanor. Iowa R. Profl Conduct 32:8.4(a). Also, when we determined the appropriate sanction in Johnson, we noted that there was no evidence presented that indicated Johnson neglected or injured any of his clients by his drinking. 774 N.W.2d at 500. The constitution and our court rules vest this function solely in our court. r. 34.17(7). Ct. Att'y Disciplinary Bd. 'Call lights not being answered for hours': Iowa nursing homes can't find staff to stay open, 'She was screaming in pain': Iowa nursing home cited for gangrene and death, previously told the Iowa Capital Dispatch, Your California Privacy Rights/Privacy Policy. The email address cannot be subscribed. Iowa R. Profl Conduct 32:3.4(b). The record also reveals that Gailey did not have the permission of Dawn's attorney when they had that conversation. In Gailey, we noted that the language of rule 32:4.2(a) is substantially similar to our prior disciplinary rule, DR 7-104(A)(1). Johnson admitted that he had used methamphetamine two days before and that he had been using it for approximately one year. The letter is entitled "My Last Plea for Your Help." Oxley, J., delivered the opinion of the court, in which all justices joined. In doing so, we interpret the stipulation "with reference to its subject matter and in light of the surrounding circumstances and the whole record, including the state of the pleadings and issues involved." At issue are four cases in which Leitner is accused of dishonest or unethical conduct, as well as allegations he mishandled client funds held in his trust account. I. Gailey advised Dawn to talk to the county attorney about these concerns. Iowa Attorney Disciplinary Bd. Graen's Mens Wear, Inc. v. Stille-Pierce Agency, 329 N.W.2d 295, 300 (Iowa 1983). Free and independent journalism is what keeps our public servants accountable and responsive to the people. Our primary purpose for imposing sanctions is not to punish the lawyer but to protect the public. Iowa Sup. <> Capotosto stipulated that he allowed six probate estates to become delinquent and violated Iowa Rules of Professional Conduct 32:1.3; 32:1.4 (a) (3), (4); and 32:8.4 (d). The first is the Attorney Disciplinary Board. *\. After observing that the two forms of suspension serve overlapping but distinct purposes and [b]oth types of suspension protect the public, we took the disability suspension into account in imposing a one-year suspension. See Iowa Sup. The court found Leitner had a conflict of interest and disqualified him from the case, but he continued representing his new clients by having them sign court filings he filed for them. 124.401(5). 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. On December 11, Johnson resolved the Boone County case by pleading guilty to possession of methamphetamine first offense and OWI first offense. A division of the Grievance Commission of the Supreme Court of Iowa filed a report recommending that we suspend Gailey's license to practice law in Iowa for thirty days. For a criminal act to constitute a violation of rule 32:8.4(b). J. Johnson Enters but Then Leaves Inpatient Substance Abuse Treatment. booklet to help you choose and work well with a lawyer. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. By offering Dawn a favorable dissolution settlement, Gailey violated rule 32:3.4(b), which forbids an attorney to offer an inducement to a witness that is prohibited by law. 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. After the client left a negative review of Fisher online, Fisher responded, including specific information about Halletts outstanding balance with his law office. Id. 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. Methamphetamine was found in plain view in the vehicle, and Johnson was arrested. Therefore, we find the facts from the stipulation of facts. 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. . Should the Board decide to file your complaint with the Grievance Commission, your testimony normally will be required at a hearing before the Grievance Commission. Lawyers, like other professionals, sometimes make mistakes. G. Guilty Plea in the First Polk County Case. r. 42.1(7). A summary of Iowa's attorney disciplinary procedures. We have recognized there are two types of stipulations that a tribunal may use in litigated matters. It follows that a lawyer should not aid or abet a party to ignore a no-contact order. 2 Geoffrey C. Hazard, Jr. et al., The Law of Lawyering 30.6, at 30-10 (3d ed. The record establishes Gailey communicated with Dawn about a financial settlement in the dissolution matter at a time when she was represented by counsel. We concur with the assessment of the parties and the commission that this case does not warrant as severe a sanction as Weaver. Please see our republishing guidelines for use of photos and graphics. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Johnson was charged by trial information in Polk County with various misdemeanors, including OWI, possession of methamphetamine first offense, and possession of marijuana first offense. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. Id. Gailey's disrespect for a court order leads us to the conclusion that an attorney who cannot respect a lawful order of the court lacks the required fitness to practice law. Follow Iowa Capital Dispatch on Facebook and Twitter. v. Olson. Id. In deciding to recommend a one-year license suspension for attorney Scott D. Fisher of Waukee, the Grievance Commission of the Supreme Court of Iowa cited the sheer number of ethical violations and the number of clients adversely affected by Fishers alleged conduct: Sixteen separate ethics rules were allegedly violated, involving a total of 28 individual violations effecting five separate clients. The officers found an oxycodone pill inside a bottle labeled for an unrelated prescription; Johnson said he did not know it was in there. A trial information was filed in Polk County charging Johnson with possession of oxycodone and driving while revoked (the second Polk County case). Johnson's prior missteps have already been accounted for as ethical violations. Significantly, the attorney had sought and complied with treatment. Id. As for aggravating circumstances, we agree that Johnson's pattern of misconduct is an aggravating factor. Id. The dissolution settlement was unrelated to any lawful reimbursement for her testimony. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. In her complaint, filed April 19, Daniels says she was initially told she needed to come in for her shift the following day despite being traumatized by Stewart's death, then was placed on leave pending an investigation. See id. Once again, law enforcement found controlled substancesincluding methamphetaminein the vehicle. Stay up-to-date with how the law affects your life. 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! See Iowa Ct. R. 35.12(2). v. Aeilts, 974 N.W.2d 119, 125 (Iowa 2022). . Id. A longtime Iowa attorney often associated with embattled restaurateur Steve McFadden faces potential disbarment after a state commission found he violated ethical rules in several cases.. John Gailey is a seventy-four-year-old attorney, practicing law for forty-five years in Iowa. A shortage of nursing homes with memory care units has left Linnea Clausen with no choice but to drive hours just to visit her husband. Her unparalleled work ethic and calm practicality help her obtain positive outcomes for her clients. engage in conduct involving dishonesty, fraud, deceit, or misrepresentation." We find the board has met this burden. Copyright 2023, Thomson Reuters. Iowa Supreme Court Ethics Commission Nursing board Any administrative agency Our established Des Moines law firm is well-equipped to help you pursue the most favorable outcome your case allows. This suspension applies to all facets of the practice of law. 1983 vp Violation of Due Process and Equal Protection. When Gailey told Dawn that he thought Denis would be agreeable to a more favorable division of assets in the dissolution case if she were to testify in this manner, he crossed the line. Id. Iowa Supreme Ct. Att'y Disciplinary Bd. Yet a key consideration is that Johnson's misconduct was not limited to possession offenses. Iowa Administrative Code - The Administrative Code of Iowa. As the comment to the rule explains, "[f]air competition in the adversary system is secured by prohibitions against destruction or concealment of evidence, improperly influencing witnesses, obstructive tactics in discovery procedure, and the like." The commission found that Johnson's completion of substance abuse treatment was a neutral rather than a mitigating factor. Send Message Thedore Sporer Trial Lawyer 108 Third Street, Suite 302 Des Moines Iowa 50309-4758 Telephone (515) 989-6080 Facsimile (515) 414-7679 Evening appointments available. xZn8}7@,7"E;4jm! Justia US Law Case Law Iowa Case Law Iowa Supreme Court Decisions 2022 Iowa Supreme Court Attorney Disciplinary Board v. John Karl Fischer Iowa Supreme Court Attorney Disciplinary Board v. John Karl Fischer Annotate this Case. He was sentenced to fourteen days in jail with credit for time served. We give the commission's recommendation respectful consideration although we are not bound by it. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. Ct. Att'y Disciplinary Bd. at 66263. 321J.21. Ct. Att'y Disciplinary Bd. "While the commission panel recognizes the serious and extreme nature of revocation as a sanction to a long-standing member of the bar, it believes it is necessary to maintain the reputation of the bar, protect the public and the profession, and to deter other lawyers from committing similar misconduct," according to the commission's letter to the court. The commission noted that during his disciplinary hearing, Fisher displayed conduct antithetical to any acceptance of wrongdoing and had even cross-examined one former client about her past occupation as a stripper. She has recently and successfully represented: Her wide array of litigation experience has allowed her to represent clients in administrative hearings, district court hearings and jury trials, as well as appellate proceedings. Rule 32:8.4(c) states that "[i]t is professional misconduct for a lawyer to . The discipline board first filed its complaint against Leitner in March, according to court filings. Iowas congressional candidates answer questions on, Governor's agenda skates past first legislative 'funnel', Restaurant inspection update: Sewage, rodent carcasses, mold. The Boards jurisdiction extends to the attorneys license alone. 1. Leitner also has sued nearly a dozen people for allegedly defamatory online comments about McFadden, and threatened litigation on McFadden's behalf against other business owners who have spoken publicly about him. As a result of Johnson's probation violations, his deferred judgments in the Boone County case and the Dallas County case were revoked. Considering Retiring From The Practice of Law? Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. He was ordered by both district courts to complete inpatient treatment for substance abuse. It is interesting to me how this review shows up online immediately when I inform you I will have to collect against your remaining case balance of $4,580.00., The Grievance Commission said it appeared Fisher put very little effort into Reiters case. In re Marriage of Heiar. of Prof'l Ethics Conduct v. Honken, 688 N.W.2d 812, 820 (Iowa 2004) (alteration in original) (quoting Comm. Dawn's attorney did not give Gailey permission to contact Dawn. In addition, urine tests on Johnson returned positive for methamphetamine, cocaine, and opiates. 1 0 obj Eventually, the attorney was sentenced in federal court on a second conviction for possession of cocaine. Templeton, 784 N.W.2d at 767. Guilty Plea in the Second Polk County Case. <> A trial information was filed in Jasper County charging Johnson with driving while revoked and possession of methamphetamine first offense (the Jasper County case). Ct. Att'y Disciplinary Bd. F. Rule 32:8.4(d). According to a subsequent report by state inspectors, which resulted in a $10,000 fine, employees were aware that Stewart, a longtime resident, had a history of packing up her room and attempting to leave the facility. % A contested case hearing shall be held in this matter before the . 2001). Seized, 501 N.W.2d 482, 485 (Iowa 1993). News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012)). One week later, on February 24, Johnson resolved the first Polk County case by pleading guilty to OWI first offense, and possession of LSD. Also, Johnson repeatedly used his vehicle after his driver's license had been revoked.1 He unlawfully possessed controlled substances multiple times. 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. B. Most recently, he had been convicted of OWI third, a class D felony, and sentenced to an indeterminate five-year term. All rights reserved. Rule 32:3.4(b). The Polk County District Court ordered that Johnson remain in jail until a bed opened up in the Bridges of Iowa residential treatment program. A contested case hearing shall be held in this matter before the Iowa Board of Medicine. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. Having said that, we have little difficulty concluding that Johnson's criminal conduct violated rule 32:8.4(b).
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