Iowa Code - FindLaw's hosted version of the state code of Iowa. 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. on Prof'l Ethics Conduct v. Gill, 479 N.W.2d 303, 306 (Iowa 1991) (first quote); Iowa Supreme Ct. Bd. On June 29, while still representing Denis in the dissolution matter, Gailey met with Dawn. Here, Gailey offered Dawn a favorable dissolution settlement as an inducement for her to testify in a certain way. Moreover, the stipulation affirmatively states Gailey did not ask Dawn to lie or change her testimony. F. Rule 32:8.4(d). The record establishes Gailey communicated with Dawn about a financial settlement in the dissolution matter at a time when she was represented by counsel. The Board is not funded by the taxpayers of Iowa. In addition, urine tests on Johnson returned positive for methamphetamine, cocaine, and opiates. 124.401(5). By the time of our decision, the attorney had been under a disability suspension for about seventeen months. The license suspension may have little practical effect on OBrien. On June 13, the commission issued its report and recommendation, which expressed serious concern about Johnson's five separate instances of substance-abuse-related criminal conduct within a little over a year. 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. . Complaints about lawyers not paying bills are resolved in the courts of Iowa. 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. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. 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. In determining the sanction a lawyer must face for misconduct, we have stated: Iowa Supreme Ct. Bd. booklet to help you choose and work well with a lawyer. Id. While both the Boone County case and the first Polk County case were still outstanding and unresolved, Johnson was pulled over on September 4 for a traffic stop on Raccoon River Drive in Dallas County. 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 R. Profl Conduct 32:3.4(b). 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. State v. Vesey, 241 N.W.2d 888, 891 (Iowa 1976). See id. We have previously given attorneys a public reprimand when the attorneys communicated with an adverse party who is represented by counsel when the attorneys did not have permission from counsel to communicate with the adverse party. 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.. Rule 32:8.4(a) states that "[i]t is professional misconduct for a lawyer to . Sarah helps businesses with complex business and real estate litigation. r. 36.24(1). If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. at 300. Dentons - Sarah K. Franklin Graen's Mens Wear, Inc., 329 N.W.2d at 299. We give the commission's recommendation respectful consideration although we are not bound by it. at 40. 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 giving white workers a pass. Thereafter, the state charged Gailey with suborning perjury in violation of Iowa Code section 720.3 and aiding and abetting a violation of a no-contact order in violation of Iowa Code sections 664A.7 and 703.1. Tara van Brederode and Allison Anne Schmidt, Des Moines, for complainant. Iowa Supreme Court Attorney Disciplinary Board v. Andrew Aeilts See Weaver, 812 N.W.2d at 1314 (detailing the defendant's history with substance abuse). v. Hauser, 782 N.W.2d 147, 149 (Iowa 2010). Make your practice more effective and efficient with Casetexts legal research suite. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. In the Supreme Court of Iowa Iowa Constitution - The constitution of the state of Iowa. Johnson was also discharged from probation. Having said that, we have little difficulty concluding that Johnson's criminal conduct violated rule 32:8.4(b). In an inheritance dispute involving a woman judged not competent to manage her affairs, Leitner continued meeting with the woman despite repeated instructions from the court and her court-appointed guardian to desist, and filed a lawsuit purportedly on her behalf against her guardian that resulted in sanctions for disregarding the court's orders. We find the board has met this burden. If a lawyer violates an ethical rule, the lawyer may be disciplined. Court: Eighth Circuit Iowa US District Court for the Southern District of Iowa. You will now be taken from the global Dentons website to the $redirectingsite website. Iowa Supreme Ct. Att'y Disciplinary Bd. 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. Download PDF. He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. We disagree. Id. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. In fact, Johnson has some mitigating circumstances that were not present in the Stefani case. . Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. He has won numerous state and national awards for reporting and editorial writing. APPEL, Justice. Although there was an alarm on her door, the staff reported it was malfunctioning and constantly sent false reports, and Forkpa told inspectors she had issues in the past with the building's outside door alarm notification not appearing on her work iPad. v. Box, 715 N.W.2d 758, 763 (Iowa 2006). 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. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. 19-0911 Case No. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. A. She is accusing Courtyard Estates, its parent company Jaybird Senior Living, and two supervisors of racial discrimination in her termination. F. The Second Polk County Case. Johnson then continued to drive under the influence, resulting in a second OWI arrest and conviction just months later. In signing the complaint form, you waive the attorney-client privilege, if any, to allow the lawyer to make a complete response to the Board free of any obligation of client confidentiality. . Daniels also worked that night but in the assisted living wing of the facility. The Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. His attitude toward treatment was defiant. Matter of Prop. David Leitner, 67, has been a licensed Iowa attorney since 1979 and has run his own West Des Moines legal practice since 1988. Fisher was also accused of ethics violations tied to his representation of an Iowa woman in a divorce case. LICENSE SUSPENDED. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Bd. For all these reasons, we find that Johnson violated rule 32:8.4(b). Ct. Att'y Disciplinary Bd. Court filings show attorneys for plaintiffs repeatedly asked Leitner to identify the offending statements and explain his allegation that the defendants acted "in concert." % at 8. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. 3 0 obj Id. Matter of Alcantara, 144 N.J. 257, 676 A.2d 1030, 1035 (1995). v. Sears, 933 N.W.2d 214, 221 (Iowa 2019) (alteration in original) (quoting Iowa Sup. 1983 vp Violation of Due Process and Equal Protection. 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). The Board cannot impose fines, imprison an attorney, obtain a financial settlement or reduction of fees, or change the outcome of a civil or criminal case. He had eyelid tremors and an elevated pulse rate of 124 beats per minute. Ct. Att'y Disciplinary Bd. Attorney Discipline - KS Courts Others are not. 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. at 1516. Cornm. See Iowa Sup. The court acquitted Gailey of the charge of suborning perjury, but found him guilty of aiding and abetting a violation of a no-contact order, a simple misdemeanor. Thedore Sporer Trial Lawyer We have inherent constitutional power to license and discipline attorneys within the State of Iowa. on Prof I Ethics Conduct v. Gartin, 272 N.W.2d 485, 487 (Iowa 1978). A. Krull paid OBrien $2,750 as a retainer. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. Denis goes on to say that he thinks he should be punished but not locked up and the key thrown away. How long will the matter take? OBrien also failed to respond to the Attorney Disciplinary Boards inquiries about the case and failed to appear when the board brought the case before the Grievance Commission for a hearing. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. <>>> 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. In addition to stipulating to Johnson's criminal convictions in the five cases, the Board and Johnson also agreed to the admission of various police reports and other exhibits from those cases. Cases filed with the courts involve a broad scope of problems and issues, including contract disputes, family matters, criminal violations, landlord-tenant disputes, personal injury claims, property condemnation . at 651. r. 34.23(3). Iowa Sup. 821 N.W.2d at 87879, 88283. He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. Johnson was again arrested for OWI. Brueggeman v. Osceola County. Id. Records showed the door alarm had been activated continuously from 9:34 p.m. to 6:12 a.m., although at least one worker claimed she'd seen Stewart still inside when her shift ended at 10. 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.