Opinions - FindLaw cases and resources for the Eighth Circuit Court of Appeals. DEIJ Policy | Ethics Policy | Privacy Policy. See Weaver, 812 N.W.2d at 1314 (detailing the defendant's history with substance abuse). The Boards jurisdiction extends to the attorneys license alone. The commission found that Johnson's completion of substance abuse treatment was a neutral rather than a mitigating factor. Aggravating factors include a prior reprimand of Gailey for engaging in conduct involving dishonesty, fraud, deceit, and misrepresentation when he falsely advised an adverse party in a deposition that he had a tape recording of a prior conversation with that party. v. Olson. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. 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. Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. Nor were they the only ones who failed to respond to warnings. 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. For a criminal act to constitute a violation of rule 32:8.4(b). According to the inspection report, she eventually went to the main office to replace her iPad after its battery died and saw alerts on the computer there for Stewart's room and the outside door. Therefore, we find Gailey violated rule 32:8.4(b). The entire complaint process is confidential until such time as the Grievance Commission files a report of its findings and a recommendation of public discipline with the Iowa Supreme Court. <> 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 board has the burden to prove disciplinary violations by a convincing preponderance of the evidence. v. Aeilts, 974 N.W.2d 119, 125 (Iowa 2022). . 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. ^H;KGrQbEjxod)}/>J News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! We have recognized there are two types of stipulations that a tribunal may use in litigated matters. Fee arbitration is an alternative method of resolving a fee dispute. To proceed, please click Accept. 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. 1. On these facts, we suspended the attorney's law license with no possibility of reinstatement for two years. In addition, he had previously received a public reprimand for an OWI conviction and a three-month suspension for an OWI second conviction and intemperate statements about the sentencing judge. Third, Johnson has been under a disability suspension (to which he consented) since May 24, 2021. Ask your lawyer what to expect. v. Akpan, 951 N.W.2d 440, 45657 (Iowa 2020) (stating a lack of prior discipline is a mitigating circumstance). Both cases involve substance abuse that resulted in a series of offenses and probation violations. Follow Iowa Capital Dispatch on Facebook and Twitter. 22-2003 Case No. Ct. Att'y Disciplinary Bd. Methamphetamine was found in plain view in the vehicle, and Johnson was arrested. Rule 32:8.4(d) provides that "[i]t is professional misconduct for a lawyer to . 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. Instead of holding a hearing, the commission decided the case on a joint stipulation filed by the board and Gailey. She also was not fired. 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. Iowa Code - FindLaw's hosted version of the state code of Iowa. Fisher publicly responded to the negative review, stating: You havent paid me in over six months. D. Guilty Plea in the Boone County Case. 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. at 881. C. The Dallas County Case. The judge handling the cases wrote in December that Leitner's responses were "sorely lacking" and ordered him and McFadden to answer the defendants' questions, and to pay them $2,652 for their attorney fees. If a lawyer violates an ethical rule, the lawyer may be disciplined. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. dennis.tibben@iowa.gov, or Assistant Attorney General Katie Carl at 515-281-6661 . Ct. Att'y Disciplinary Bd. 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. We also find those precedents to be relevant. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. We have inherent constitutional power to license and discipline attorneys within the State of Iowa. Gailey was convicted of aiding and abetting a violation of a no-contact order in violation of Iowa Code sections 664A.7 and 703.1, a simple misdemeanor. N. Johnson Completes Inpatient Substance Abuse Treatment. Id. Guilty Plea in the Second Polk County Case. See id. 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. 821 N.W.2d at 87879, 88283. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. If sufficient legal consideration supports this type of stipulation, it is entitled to all of the sanctity of an ordinary contract. Second, the commission was skeptical [that] Johnson has experienced a complete recovery and has the ability and will to remain substance free in the future. That prediction may turn out to be correct. He had eyelid tremors and an elevated pulse rate of 124 beats per minute. Furthermore, the misconduct here does not include a felony conviction or a conviction for harassment. 1:57. v. Nelson, 838 N.W.2d 528, 542 (Iowa 2013). Gailey's conduct goes well beyond reimbursement for expenses, reimbursement for time lost from employment, and expert witness fees. The conduct of an attorney helping another person violate a court order evidences the attorney's disrespect for a lawful order of the court. Ct. Att'y Disciplinary Bd. Additionally, Johnson's completion of substance abuse treatment is a mitigating factor. 321J.21. See Templeton, 784 N.W.2d at 76869. r. 34.23(3). All justices concur except CADY, J., who takes no part. Daniels' complaint contrasts her treatment to that of other employees who, she alleges, were more culpable than she. If you do not get a satisfactory reply, you may file a complaint. The email address cannot be subscribed. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Board's jurisdiction. Id. holding attorney who represented his son in divorce proceedings violated rule prohibiting conduct prejudicial to the administration of justice when he aided his son in violating a no-contact order, rejecting recommended 30-day suspension and ordering 60-day suspension for offering money to a witness "as an inducement for her to testify in a certain way", suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter, relying on cases applying prior disciplinary rule DR 7104 in interpreting its successor, rule 32:4.2, equating rule 32:4.2 with its predecessor Iowa Code of Prof'l Responsibility DR 7104, noting we treat stipulations to rule violations like settlement agreements and enforce the stipulation unless "unreasonable, against good morals, or contrary to sound public policy". Gailey advised Dawn to talk to the county attorney about these concerns. The court has denied that motion. 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.. (Photo courtesy of Iowa Judicial Branch). William Morris covers courts for the Des Moines Register. This is true even where the responding attorney admits the alleged conduct and the rule violations in the complaint. v. Lynch, 901 N.W.2d 501, 511 n.5 (Iowa 2017). Rule 32:4.2(a). See Iowa Sup. We take note of two other precedents. Write to confirm all important understandings. 0:00. 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. The judge overseeing McFadden's multiple defamation suits has scheduled a hearing to determine whether he and his attorney should be held in contempt for their conduct in those cases. On May 7 Gailey filed an appearance on behalf of his son in the dissolution matter. During that same month of May 2021, Johnson was admitted to an inpatient facility in Clarinda for treatment of his substance abuse. v. Howe, 706 N.W.2d 360, 373 (Iowa 2005)). If you change your address or phone number, let your lawyer know right away. The attorney eventually entered the program but not in a timely fashion. 10/21/20. However, we are not bound to enforce these stipulations if they are unreasonable, against good morals, or contrary to sound public policy. at 663 (starting the disciplinary suspension on the date of release of our opinion); Weaver, 812 N.W.2d at 16 (same). When the couple requested paperwork and asked for a refund, the commission said, Fisher accused them of making threats and attempting to extort him. The commission said Fishers response to his clients was bullying and outrageous Fisher failed (his clients) in every way possible, or, as he candidly admitted, I completely botched this case. , Fishers general office practices, particularly his bookkeeping, were substandard, bordering on the atrocious, the commission found, noting that even the states Attorney Disciplinary Board was forced to file a motion to compel and motion for sanctions to obtain a smattering of financial and billing records related to some of his clients.. See id. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. When she did finally see the alert, Daniels says, she "followed protocol" and responded to the pending door alarm, leading to Stewart's discovery. The Iowa Supreme Court Attorney Disciplinary Board charged attorney James Van Ginkel with multiple violations of our disciplinary rules in connection with the probate and closing of the estate of John Oxley. Also, Johnson repeatedly used his vehicle after his driver's license had been revoked.1 He unlawfully possessed controlled substances multiple times. Johnson must also meet all requirements for the lifting of his disability suspension. 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? 3 0 obj . Johnson told the sheriff's deputies he had just left work and had fallen asleep, but law enforcement concluded Johnson had been driving under the influence. We believe the best way to protect the public against a potential relapse is to place appropriate conditions on Johnson's reinstatement. Make your practice more effective and efficient with Casetexts legal research suite. In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. See Iowa Sup. Johnson was again arrested for OWI. Using the stipulation of the parties together with our review of the record, we make the following findings of fact. After the client left a negative review of Fisher online, Fisher responded, including specific information about Halletts outstanding balance with his law office. !location.countrycode?location.countryName :location.officeName }}, {{ getActiveCase(headerData.languageLinks,'active',true).languageCode | uppercase}}, {{ getActiveCase(headerData.languageLinks,'active',true).name}}, Sergeant Bluff-Luton district wants Woodbury Countys road improvement plan funding voided, An Iowa Medicaid patient who was denied care because he could be 'a little dirty' wins in the end, Real Estate Litigation and Dispute Resolution, Real estate developers in disputes involving zoning ordinances, Insurance companies in bad faith coverage denial matters, Attorneys before the Iowa Attorney Disciplinary Board, A client in an administrative proceeding related to a multi-billion-dollar government contract procurement, West Des Moines Leadership Academy, class of 2013-2014, Co-Author, Commercial Leases & COVID-19, Davis Brown Blog, April 2020, Volunteer, LGBTQ+ Legal Clinic, Drake University Law School, April 2023, Coach, Valley High School Mock Trial, 2013-present, Working with Attorneys: Best Practices for Protecting Confidentiality and Privilege, Real Estate Litigation Basics and Family Real Estate Disputes, Best Practices for Protecting Confidentiality and Privilege, Pregnancy Accommodations and Discrimination, Collection Issues and Summary of the New POA Law, Complying with the Americans with Disabilities Act, Dentons Davis Brown (formerly Davis Brown Law Firm), Metro Editor, The Daily Iowan, University of Iowa, 2003-2005. Sarah has also argued cases before the Iowa Court of Appeals, the Supreme Court of Iowa, and the Eighth Circuit Court of Appeals. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. 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. She died after being taken to a hospital. From early 2020 until mid-2021, while most Iowans were grappling with the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. See Iowa Ct. R. 35.12(3). 890 N.W.2d at 652. the Board has authority to take disciplinary action against . The dissolution settlement was unrelated to any lawful reimbursement for her testimony. We construe factual stipulations by attempting to determine and give effect to the parties' intentions. In 2018, attorney Allan M. Richards of Tama, who handles high-profile murder cases, applied for appointment to the Iowa Supreme Court. 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. A third case involved Fishers representation of an Iowa man in several custody and domestic abuse cases. A stipulation of facts by the parties is binding on the parties. 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 651. We will discuss each allegation separately. On December 21, 2018, Capotosto and the Iowa Supreme Court Attorney Disciplinary Board jointly filed a stipulation of facts and rule violations. Sarah helps businesses with complex business and real estate litigation. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. In order for our system of justice to work, attorneys should counsel their clients to abide by court orders. The attorney went to jail. On April 25, 2007, before Gailey was able to surrender his son, Gailey learned that his son kidnapped his spouse, Dawn, and their biological child. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. In re Marriage of Heiar. 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. 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. Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. 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 do believe, however, Gailey's conduct went farther than just explaining the consequence of Dawn's testimony. v. Dunahoo, Staff Mgmt. He continued to use cocaine prior to sentencing, and as a result, was ordered to serve three months incarceration followed by three years probation. 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. Iowa Supreme Ct. Att'y Disciplinary Bd. Throughout the process, you can count on us to stay in close communication with you. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. All rights reserved. M. The Deferred Judgments Are Revoked. On July 24 the state charged Gailey with tampering with a witness in violation of Iowa Code section 720.4 (2007). v. Joy, 728 N.W.2d 806, 813 (Iowa 2007). Iowa Legal Research Laws. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. on Prof I Ethics Conduct v. Gartin, 272 N.W.2d 485, 487 (Iowa 1978). We are bound by the parties stipulations of fact, but not by their stipulations as to ethical violations or recommended sanctions. As for aggravating circumstances, we agree that Johnson's pattern of misconduct is an aggravating factor. Criminal conduct outside of an attorney's law practice can certainly be a basis for sanctions, but context is relevant. Id. by Clark Kauffman, Iowa Capital Dispatch May 31, 2021. The second is the Grievance Commission. See Iowa Ct. R. 35.12(2). Wesley Alan Johnson, Kelley, pro se. endobj We have not followed that course of action in the past. In re Estate of Clark, 181 N.W.2d 138, 142 (Iowa 1970). We have previously held that we will not consider a violation of rule 32:8.4(a) as a separate violation for purposes of determining an attorney's sanction. 2 0 obj In determining the sanction a lawyer must face for misconduct, we have stated: Iowa Supreme Ct. Bd. You are switching to another language. commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects." v. Hier, 937 N.W.2d 309, 317 (Iowa 2020)). v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010) (The mere commission of a criminal act does not necessarily reflect adversely on the fitness of an attorney to practice law.). On the other hand, all of his offenses were misdemeanors, and all were related to Johnson's ongoing battle with substance abuse. Upon learning of this kidnapping, Gailey advised the authorities of Denis's actions. F$!|GWL+P)JOr7]G$QLg+:hhJg&hp^UDJ_-e}pjtF(Vb3aku3%V#wbEcc_R" He also told her 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. Charles L. Harrington, Elizabeth E. Quinlan, and Teresa A. Vens, Des Moines, for complainant. v. Stoller, 879 N.W.2d 199, 221 (Iowa 2016) ([W]e do consistently recognize seeking mental health or other substance abuse treatment as a mitigating factor.). 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. Cause Of Action: 42 U.S.C. For all these reasons, we find that Johnson violated rule 32:8.4(b). Operating while intoxicated create[s] a grave risk of potential injury to anyone on the same road. Iowa Sup. The court noted that Johnson had already received a substance abuse evaluation and ordered him to complete any recommended programming. The constitution and our court rules vest this function solely in our court. 19-0985. Copyright 2023, Thomson Reuters. No. The second type is a stipulation that amounts to a concession of an issue in the litigation. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. See Iowa Ct. R. 35.10. A lawyer might handle a matter in a way that is inadequate but not unethical. Yet a key consideration is that Johnson's misconduct was not limited to possession offenses. See id. Johnson then continued to drive under the influence, resulting in a second OWI arrest and conviction just months later. In an attorney disciplinary action, the grievance commission recommends thirty-day suspension for attorney's violation of conflict of interest rules. Bd. Dawn reviewed a copy of the letter from Denis and asked Gailey what the letter meant. 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. zOkI b`rWa5"d]R_L/({G?h4nM]]50zaIQco;WoVm/zkRB6P(}I!<7x zW ^Ku 1 0 obj The commission recommended that Johnson's disciplinary suspension should commence only after his disability suspension is lifted. In an attorney disciplinary action, the grievance commission recommends six-month suspension for the attorney's violation of rules of professional conduct. "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. '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. 321J.2; id. Templeton, 784 N.W.2d at 767 (quoting In re Conduct of White, 311 Or. However, under our precedent, we can consider an interim suspension arising from the same conduct when calibrating the disciplinary suspension. Iowa Sup. 22-2003: Iowa Supreme Court Attorney Disciplinary Board v. Scott A. Johnson Filed Mar 31, 2023 View Opinion No. Leitner had multiple negative balances in his client trust account, failed to deposit client funds in the account and lied to state officials about his accounting practices. 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. The disciplinary case marks the second time Fisher has been accused of ethics violations. The temperature overnight had dipped as low as 7 below zero. Sometimes lawyers handle money for clients. 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. On the OWI count, Johnson was sentenced to four days in the Boone County Jail with credit for time served. v. Clarity, 838 N.W.2d 648, 662 (Iowa 2013). Iowa R. Prof'l Conduct 32:4.2(a). (Emphasis added.) 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." Iowa Supreme Ct. Att'y Disciplinary Bd. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. Ct. Att'y Disciplinary Bd. 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. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. See id. As a result of Johnson's probation violations, his deferred judgments in the Boone County case and the Dallas County case were revoked. 2023 Dentons. See Bergmann, 938 N.W.2d at 23 (finding cooperation and acceptance to be mitigating). In filing a complaint, please identify the nature of the legal matter the lawyer was handling (dissolution of marriage, criminal, personal injury, etc. Rule 32:3.4(b) provides that "[a] lawyer shall not falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law." Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. Despite that, we try to achieve consistency with our prior cases when determining the proper sanction. Templeton, 784 N.W.2d at 769. In determining an appropriate sanction, we have stated that [t]here is no standard sanction warranted by any particular type of misconduct. 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. The discipline board first filed its complaint against Leitner in March, according to court filings. 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. APPEL, Justice. Six weeks later, he violated his parole again and was sent to prison. Not all criminal convictions violate rule 32:8.4(b). Such testimony will be under oath and you will be subject to cross-examination. He also lied to the court repeatedly about his client's child support payments and scheduling court hearings. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. The only difference between Daniels and the prior day's workers and duty nurse, she alleges, is that Daniels is black and the other employees are white. On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). While the Boone County case was still pending, on August 1, Johnson's vehicle was stopped while speeding on Iowa Highway 5 in Polk County.
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