The attorney eventually entered the program but not in a timely fashion. Discipline or remove an employee for conduct that violates the judicial branch code of employee ethics. A contested case hearing shall be held in this matter before the Iowa Board of Medicine. "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. Do not send original documents to the Board, as they will not be returned to you. Plaintiff: Jessica Laurie. Citing Iowa Supreme Court Attorney Disciplinary Board v. Johnson, 774 N.W.2d 496, 499 (Iowa 2009), overruled in part by Templeton, 784 N.W.2d 761, the commission observed, In disciplinary cases, it is irrelevant that the respondent was not acting as an attorney when committing the acts that led to the conviction. We think the word irrelevant overstates the matter. A complainant need not be a US citizen. After representing one client in writing a contract, Leitner then represented the other party to argue the contract was void. The commission also reviewed Firshers handling of a parental-rights case in which Fishers client paid him an $800 retainer. Ct. Att'y Disciplinary Bd. Published Cases | Iowa Judicial Branch on Prof'l Ethics Conduct v. Gill, 479 N.W.2d 303, 306 (Iowa 1991) (first quote); Iowa Supreme Ct. Bd. 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). Iowans value integrity in their government. 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). At the same time, we are persuaded that a stiffer sanction should be imposed here than we imposed in Stefani, although the two cases are somewhat analogous. Gailey, 790 N.W.2d at 806. Ct. Att'y Disciplinary Bd. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. John Gailey is a seventy-four-year-old attorney, practicing law for forty-five years in Iowa. OBrien, the Supreme Court said in Fridays decision, ghosted Krull and attempted to put on an invisibility cloak.. Here, Gailey had knowledge of his son's intent to violate the no-contact order by having the letter delivered to Dawn. (Emphasis added.) Download PDF. 20-0313. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. The disciplinary case marks the second time Fisher has been accused of ethics violations. As to sanction, the Board and Johnson stipulated that Johnson should have his law license suspended for twelve to eighteen months. 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. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Iowa State Legislature - The official website of the Iowa Legislature.. Federal Court Opinions. 1983 vp Violation of Due Process and Equal Protection. v. Dunahoo, Staff Mgmt. The record also reveals that Gailey did not have the permission of Dawn's attorney when they had that conversation. It is outside the well-understood norms and conventions of the practice of law for a lawyer to aid and abet the violation of a no-contact order or offer a witness an inducement to testify that is prohibited by law. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Id. % Fisher is alleged to have committed 11 ethics violations with regard to his representation of Haylie Reiter in a 2016 child-custody case. She alleges that she was fired despite not having been assigned to receive notifications from the memory care unit, but that the workers on duty the previous afternoon, who had ignored the door alarm for which they were responsible for the last half hour of their shift, were not. The constitution and our court rules vest this function solely in our court. Our prior rule stated: Iowa Code of Prof'l Responsibility DR 7-104(A)(1). So are his cooperation with the Board and acceptance of responsibility. McFadden was arrested again in December on new charges alleging he and a fellow bar owner used a GPS tracking device to surveil and harass a romantic partner, but Leitner is not listed as representing McFadden in those cases. Attorney Advertising. v. Schmidt, Supreme Court Attorney Disc. In addition, OBriens Iowa law license was already inactive, having been indefinitely suspended last June for separate violations. Christopher A. Clausen of Moothart & Clausen Law Office, Ames, for respondent. The commission considered the matter on the basis of the parties stipulation without further submission or hearing. The facility also gave written reprimands to Daniels and three other employees, who had worked shifts the previous day ending at 10 p.m., for failure to respond to door alarms. Rule 32:8.4(b) applies to those criminal acts that reflect[] adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). 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. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. 2 Geoffrey C. Hazard, Jr. et al., The Law of Lawyering 30.6, at 30-10 (3d ed. . The letter is entitled "My Last Plea for Your Help." Iowans value integrity in their government. Though prior cases can be instructive, the sanction warranted in a particular case must be based on the circumstances of that case. Iowa Sup. In reviewing the mitigating and aggravating circumstances, Johnson's lack of prior disciplinary history is a mitigating circumstance. The language of rule 32:4.2(a) is substantially similar to our prior disciplinary rule, DR 7-104(A)(1). 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. engage in conduct involving dishonesty, fraud, deceit, or misrepresentation." v. Aeilts, Iowa Supreme Court Attorney Disciplinary Bd. v. Rhinehart, Iowa Supreme Court Attorney Disciplinary Bd. Guilty Plea in the Second Polk County Case. by Clark Kauffman, Iowa Capital Dispatch May 31, 2021. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. All Rights Reserved. One week later, on February 24, Johnson resolved the first Polk County case by pleading guilty to OWI first offense, and possession of LSD. Third, Johnson has been under a disability suspension (to which he consented) since May 24, 2021. However, under our precedent, we can consider an interim suspension arising from the same conduct when calibrating the disciplinary suspension. Iowa Sup. The conduct of an attorney helping another person violate a court order evidences the attorney's disrespect for a lawful order of the court. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. endobj If the commission finds the board adequately proves its claims, it makes a recommendation for discipline, which then goes to the Supreme Court for a final decision. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. Sometimes lawyers handle money for clients. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. Indiana no longer has a rule explicitly addressing threats of criminal prosecution, but attorneys who threaten opposing parties or opposing counsel may be subject to discipline under various Indiana Rules of Professional Conduct, including: Rule 3.1 (Meritorious Claims and Contentions) Rule 3.4 (Fairness to Opposing Party and Counsel) A few weeks thereafter, on March 18, a bench warrant was issued in the Dallas County case when Johnson failed to appear for a pretrial conference. In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. See Bergmann, 938 N.W.2d at 23 (finding cooperation and acceptance to be mitigating). 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. '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. at 881. The parties have stipulated to certain mitigating and aggravating factors. Eventually, in mid-2021, the attorney entered an intensive drug-treatment program pursuant to court order. On the other side of the balance, the parties agreed that the pattern of misconduct, disregard for state law, and persistent substance abuse should be considered aggravating factors. . Follow Iowa Capital Dispatch on Facebook and Twitter. v. Howe, 706 N.W.2d 360, 373 (Iowa 2005)). Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. In determining an appropriate sanction, we have stated that [t]here is no standard sanction warranted by any particular type of misconduct. Courts exist to impartially resolve disputes and interpret questions of law brought to the courts in the form of cases. %PDF-1.5 Ct. Att'y Disciplinary Bd. The commission viewed the disability suspension and the disciplinary sanction as two separate and severable matters. v. Gailey, 790, Full title:IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. John W, holding the court has the obligation to determine the application of law to facts after determining the facts. Ct. Att'y Disciplinary Bd. All rights reserved. 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. All rights reserved. Id. West Des Moines police found methamphetamine on Johnson's person and in his vehicle. 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. Unsolicited emails and other information sent to Dentons will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. (Photo courtesy of Iowa Judicial Branch). In fact, Daniels, who like Forkpa is Black, says the two are the only two employees to be fired over Stewart's death, and that other, white employees were more culpable but did not face the same discipline. We also find those precedents to be relevant. 0:00. Attorney Disciplinary Board | Iowa Judicial Branch v. Taylor, 887 N.W.2d 369, 378 (Iowa 2016). As we have noted, the parties stipulated to a suspension of twelve to eighteen months, and the commission recommended an eighteen-month suspension. Require a lawyer to return money or property to a client. He was sentenced to ten days incarceration with credit for seven days served. She also was not fired. The Boone County Case. On April 26 the criminal court entered a no-contact order requiring Denis to have no contact with Dawn. Johnson repeatedly combined illegal drug use with driving while intoxicated and driving while under revocation. See Templeton, 784 N.W.2d at 76869. An Iowa attorney with a history of neglecting clients cases is facing a one-year suspension of his law license, in part for alleged bullying and outrageous behavior directed toward former clients. Denis was arrested and the state charged him with kidnapping. Wesley Alan Johnson, Kelley, pro se. Nowhere in our rules have we given the parties the authority to determine what conduct constitutes a violation of our ethical rules or what sanction an attorney should receive for such violation. The court noted that Johnson had already received a substance abuse evaluation and ordered him to complete any recommended programming. By contrast, Johnson has no prior disciplinary history and has taken steps to overcome his addiction to controlled substances. Sometimes, but such complaints often fail to understand our adversary system of justice. 124.401(5). Iowa R. Prof'l Conduct 32:4.2(a). Id. We also pointed out that the attorney had delayed in seeking alcoholism treatment in violation of a court order, although by the time of the hearing he was engaged in rehabilitative efforts. Id. Rule 32:8.4(c) states that "[i]t is professional misconduct for a lawyer to . Upon our review, we concur the respondent violated our ethical rules and suspend his license to practice law for sixty days. Make sure you have an agreement about your lawyers fees, in writing if possible. 22-2003 Case No. If you do not get a satisfactory reply, you may file a complaint. Iowa R. Profl Conduct 32:8.4(b). 2023 www.desmoinesregister.com. 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. 22-2003: Iowa Supreme Court Attorney Disciplinary Board v. Scott A. Johnson Filed Mar 31, 2023 View Opinion No. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012)). What are the unpredictable factors? Accordingly, to allow the parties to make these determinations is against the public policy surrounding our attorney disciplinary system. Stay up-to-date with how the law affects your life. imposing sixty-day suspension of license of respondent with two incidents of prior discipline for aiding and abetting client's violation of a no-contact order and offering witness an inducement to testify that is prohibited by law. F$!|GWL+P)JOr7]G$QLg+:hhJg&hp^UDJ_-e}pjtF(Vb3aku3%V#wbEcc_R" threatened litigation on McFadden's behalf, Owner of Des Moines metro taverns, pizzeria faces new charges, probation violation, Your California Privacy Rights / Privacy Policy. According to the commission, Fisher now works for Wells Fargo as a strategic sourcing consultant. Our primary purpose for imposing sanctions is not to punish the lawyer but to protect the public. Iowa Sup. To proceed, please click Accept. 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. 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. 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. Johnson failed several field sobriety tests. Iowa Legal Research Laws. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. We have recognized there are two types of stipulations that a tribunal may use in litigated matters. Id. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. v. Bergmann, 938 N.W.2d 16, 21 (Iowa 2020). We see no reason not to interpret our present rule in the same manner. 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). v. D'Angela, 710 N.W.2d 226, 230 (Iowa 2006) (quoting Iowa Supreme Ct. Bd. 785-783-8385 (fax) attydisc@kscourts.org. See id. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. If sufficient legal consideration supports this type of stipulation, it is entitled to all of the sanctity of an ordinary contract. Cases, Dockets and Filings in Iowa | Justia Dockets & Filings xZn8}7@,7"E;4jm! O. We review the record below de novo. Yet a key consideration is that Johnson's misconduct was not limited to possession offenses. Court records indicate OBrien has been licensed to practice law in Iowa since 1996. Sarah has also argued cases before the Iowa Court of Appeals, the Supreme Court of Iowa, and the Eighth Circuit Court of Appeals. I. 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. v. Akpan, 951 N.W.2d 440, 45657 (Iowa 2020) (stating a lack of prior discipline is a mitigating circumstance). In light of all of the foregoing, we conclude Johnson's license should be suspended with no possibility of reinstatement for one year. We won! The commission found that Fisher rarely returned phone calls or text messages and generally made himself inaccessible both to his client and opposing counsel in the case. booklet to help you choose and work well with a lawyer. It is essential that the aider and abettor have knowledge of the perpetrator's criminal activity prior to its commission. On the other hand, all of his offenses were misdemeanors, and all were related to Johnson's ongoing battle with substance abuse. The Grievance Commission of the Supreme Court of Iowa found Khowassah violated the rule and recommended a one-year suspension. Daniels notes, and the state investigation confirms, that the facility's on-call nurse received notifications at home of the multiple door alarms for nearly nine hours and took no action. The parties to a disciplinary proceeding cannot substitute their judgment as to what conduct constitutes a violation of our ethical rules or what sanction we should impose for such a violation. 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. Johnson entered that program in August 2021 and successfully completed it in April 2022. On May 7 Gailey filed an appearance on behalf of his son in the dissolution matter. Id. Although McFadden's cases aren't part of the Grievance Commission's case, court records show Leitner has run into difficulty there as well. Criminal conduct outside of an attorney's law practice can certainly be a basis for sanctions, but context is relevant. On January 30, 2020, Johnson was arrested after driving his vehicle into the median on US Highway 30 in Boone County. 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. After making his initial appearance in the case, according to the board, OBrien never filed any paperwork in the matter and never communicated again with Krull, despite the clients numerous phone calls and visits to his office. Three days after his release from custody, he had called his estranged wife in a drunken state twenty-six times in a period of a few hours. But when an ambulance was summoned, Johnson advised that his back was starting to feel better and that he did not need medical attention. Gailey's conduct goes well beyond reimbursement for expenses, reimbursement for time lost from employment, and expert witness fees. Such testimony will be under oath and you will be subject to cross-examination. Dawn reviewed a copy of the letter from Denis and asked Gailey what the letter meant. 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. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. 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). At no time did Gailey directly ask Dawn to lie or change her testimony. 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." Iowa Legal Research & Court Cases: Find IA Opinions at FindLaw 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. We see no problem with an attorney reimbursing a witness for his or her actual expenses, including the witness's loss of time from employment. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. Fisher later admitted he withdrew $615 of that retainer before performing any work on the case. Nor were they the only ones who failed to respond to warnings. Because Leitner failed to file an answer to the claims, the commission accepted the following allegations as fact: "Leitners conduct demonstrates a long pattern of deliberate misconduct and dishonesty," wrote the commission, noting multiple instances in which Leitner disregarded ethics rules and flouted direct court orders. Matter of Prop. This website and its publications are not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content. 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). We give weight to the commission's findings, but its findings do not bind us. dennis.tibben@iowa.gov, or Assistant Attorney General Katie Carl at 515-281-6661 . Mr. Sporer will bring the ability to impact the law to your case even when the existing law is against you. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. Once again, law enforcement found controlled substancesincluding methamphetaminein the vehicle. On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). 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. N. Johnson Completes Inpatient Substance Abuse Treatment. Both cases involve substance abuse that resulted in a series of offenses and probation violations. 1. The Iowa Supreme Court Grievance Commission (commission) recommends a suspension of eighteen months. Filed: April 25, 2023 as 4:2023cv00138.
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