By contrast, Johnson has no prior disciplinary history and has taken steps to overcome his addiction to controlled substances. v. D'Angela, 710 N.W.2d 226, 230 (Iowa 2006) (quoting Iowa Supreme Ct. Bd. In an attorney disciplinary action, the grievance commission recommends six-month suspension for the attorney's violation of rules of professional conduct. 573, 815 P.2d 1257, 1265 (1991) (en banc) (per curiam)). Thus, we find Gailey's conduct violated rule 32:8.4(d). on Prof'l Ethics Conduct v. Hoffman, 402 N.W.2d 449, 451 (Iowa 1987) (holding lawyer's writing nine intemperate letters, some to persons known to be represented by counsel, warranted public reprimand). "His behavior interfering with a represented party who had been deemed incapacitated by the court is disturbing, especially his continuation of the behavior after ordered to cease by the court.". The attorney has accepted responsibility and consents to a disciplinary suspension of between one year and eighteen months. His son, Denis, told Gailey the state planned to charge Denis with sexual abuse of his stepdaughter. 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. The Iowa Supreme Court Attorney Disciplinary Board charged attorney Tarek A. Khowassah with violating the rule of professional conduct pertaining to criminal acts. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. 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 . Sarah has also argued cases before the Iowa Court of Appeals, the Supreme Court of Iowa, and the Eighth Circuit Court of Appeals. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. v. Templeton, 784 N.W.2d 761, 769 (Iowa 2010). 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. Accordingly, to allow the parties to make these determinations is against the public policy surrounding our attorney disciplinary system. 4 0 obj As to sanction, the Board and Johnson stipulated that Johnson should have his law license suspended for twelve to eighteen months. Fisher is alleged to have committed 11 ethics violations with regard to his representation of Haylie Reiter in a 2016 child-custody case. Court filings show attorneys for plaintiffs repeatedly asked Leitner to identify the offending statements and explain his allegation that the defendants acted "in concert." Attorney Advertising. How long will the matter take? Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. This suspension applies to all facets of the practice of law. Johnson entered that program in August 2021 and successfully completed it in April 2022. of Prof'l Ethics Conduct v. Lett, 674 N.W.2d 139, 142 (Iowa 2004)). Dawn's attorney did not give Gailey permission to contact Dawn. Id. Attorneys cannot ignore a ruling of a tribunal made in the course of a proceeding. misconduct by a convincing preponderance of the evidence." Iowa Sup. After representing one client in writing a contract, Leitner then represented the other party to argue the contract was void. Johnson's struggles with substance abuse are, unfortunately, not a unique occurrence. If you are dissatisfied, let your lawyer know why. For subscribers: 'Call lights not being answered for hours': Iowa nursing homes can't find staff to stay open. Later, the client posted a negative review of Fisher online, to which Fisher responded, We terminated your exs parental rights. D. Rule 32:8.4(b). Follow Iowa Capital Dispatch on Facebook and Twitter. . Courts exist to impartially resolve disputes and interpret questions of law brought to the courts in the form of cases. 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. 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 shortage of nursing homes with memory care units has left Linnea Clausen with no choice but to drive hours just to visit her husband. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Ct. Att'y Disciplinary Bd. at 8, 1415. v. Bergmann, 938 N.W.2d 16, 21 (Iowa 2020). 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. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012)). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, vs. ANDREW GATTON AEILTS, Appellant. [email protected], or Assistant Attorney General Katie Carl at 515-281-6661 . Upon learning of this kidnapping, Gailey advised the authorities of Denis's actions. A secretary who answered the phone at his former law office in January said that OBrien was retired and no longer practicing law. Cornm. HH `hsPbj(Q6+_>0j{EY! &J(Xn+Lxv%]@ A complaint form (available below). B. at 650. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. the Board has authority to take disciplinary action against . 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. . 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. Bd. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Gerald Anthony Lyman MOOTHART, Respondent. 2001). Johnson then continued to drive under the influence, resulting in a second OWI arrest and conviction just months later. Arrange for another lawyer to be appointed to represent the client. The board recommended the commission ask the court to suspend OBriens license for 18 months; the commission recommended a license revocation. 10/21/20. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. Id. Even in the wake of earlier failures, attorneys should receive credit for addressing their substance abuse issues. 616 N.W.2d at 552. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. If you change your address or phone number, let your lawyer know right away. Sue a lawyer for careless work, or do work a lawyer failed to do. A. Iowa R. Profl Conduct 32:3.4(b). Johnson's first OWI conviction arose after he drove off the highway and onto a median; this dangerous situation could easily have resulted in personal injury or worse. We disagree. 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. The commission found Fisher had failed to respond to discovery requests in the case, failed to file a financial affidavit with court on behalf of his client, and failed to keep his client informed as to the status of her case. He can be contacted [email protected], 715-573-8166 or on Twitter at@DMRMorris. On the OWI count, Johnson received a one-year jail sentence with all but ten days suspended and was placed on probation for one year. There, an attorney neglected his clients and mishandled their cases and money while struggling with alcoholism. Id. v. Marks, 759 N.W.2d 328, 330 (Iowa 2009). A. The conduct of an attorney helping another person violate a court order evidences the attorney's disrespect for a lawful order of the court. The Board's complaint alleged Watkins violated Iowa Rule of Professional Conduct 32:8.4 (g) by engaging in sexual harassment in the practice of law based on the incidents at issue in Watkins's removal action. If sufficient legal consideration supports this type of stipulation, it is entitled to all of the sanctity of an ordinary contract. 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. Johnson must also meet all requirements for the lifting of his disability suspension. It is essential that the aider and abettor have knowledge of the perpetrator's criminal activity prior to its commission. Iowa Sup. The Board allegedand the commission agreedthat Johnson's criminal acts constituted a violation of Iowa Rule of Professional Conduct 32:8.4(b). Iowa Code - FindLaw's hosted version of the state code of Iowa. Despite that, we try to achieve consistency with our prior cases when determining the proper sanction. Templeton, 784 N.W.2d at 769. 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. 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. State v. Vesey, 241 N.W.2d 888, 891 (Iowa 1976). 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. The final issue is when Johnson's disciplinary suspension should begin. 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. We have recognized there are two types of stipulations that a tribunal may use in litigated matters. v. Schmidt, Supreme Court Attorney Disc. 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 . The Supreme Court is not obligated to accept the commission's disciplinary recommendations and will issue its own ruling at a later date. Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. Daniels' attorney did not return a message seeking comment on the suit. These criminal charges proceeded to trial. 1 0 obj Id. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Wesley Alan Johnson, Kelley, pro se. Throughout the process, you can count on us to stay in close communication with you. As a result of Johnson's probation violations, his deferred judgments in the Boone County case and the Dallas County case were revoked. The board has the burden to prove disciplinary violations by a convincing preponderance of the evidence. He also drove while under revocation, in flagrant disregard of what the law required him to do. Thus, we find a rational connection between Gailey's conduct and Gailey's fitness to practice law other than the criminality of the act. 20-0313. One week later, Johnson resolved the Dallas County case by pleading guilty to possession of methamphetamine. Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. All justices concur except CADY, J., who takes no part. Bd. See id. Contact us. As we have noted, the parties stipulated to a suspension of twelve to eighteen months, and the commission recommended an eighteen-month suspension. Cause Of Action: 42 U.S.C. 124.401(5) (2021). William Morris covers courts for the Des Moines Register. Id. Fisher publicly responded to the negative review, stating: You havent paid me in over six months. On July 24 the state charged Gailey with tampering with a witness in violation of Iowa Code section 720.4 (2007). See Templeton, 784 N.W.2d at 76869. During that same month of May 2021, Johnson was admitted to an inpatient facility in Clarinda for treatment of his substance abuse. K. Johnson Consents to a Disability Suspension. The most recent complaint against OBrien involved his representation of Damon Krull of Woodbury County in a 2019 child-custody dispute. the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. Mr. Sporer will bring the ability to impact the law to your case even when the existing law is against you. We suspended the attorney's license with no possibility of reinstatement for six months. We construe factual stipulations by attempting to determine and give effect to the parties' intentions. Our prior rule stated: Iowa Code of Prof'l Responsibility DR 7-104(A)(1). The first type is a stipulation that admits facts, relieving a party from the inconvenience of proving the facts in the stipulation. See Iowa Supreme Ct. Bd. The commission recommended that Johnson's disciplinary suspension should commence only after his disability suspension is lifted. 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. Operating while intoxicated create[s] a grave risk of potential injury to anyone on the same road. Iowa Sup. 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. Matter of Prop. 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. v. Joy, 728 N.W.2d 806, 813 (Iowa 2007). Violations must be proved by a convincing preponderance of the evidence. Ct. Att'y Disciplinary Bd. Click here for the Board's current informational brochure. endobj 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. The attorney eventually entered the program but not in a timely fashion. On the possession count, Johnson received a deferred judgment and twelve months probation, with the specific conditions that he obtain a substance abuse evaluation, complete recommended treatment, and abstain from the use of alcoholic beverages and controlled substances. r. 34.17(7). Rule 32:8.4(b) provides that "[i]t is professional misconduct for a lawyer to . v. Rhinehart, Iowa Supreme Court Attorney Disciplinary Bd. We have interpreted our prior rule to prohibit an attorney from communicating with an adverse party represented by counsel concerning litigation or a transactional matter unless the attorney for the adverse party gives the opposing attorney permission to talk to the adverse party. v. Cannon, 821 N.W.2d 873, 87879 (Iowa 2012) (discussing these considerations in finding that an attorney's OWI convictions violated rule 32:8.4(b)). This could result in a public reprimand or a Court order suspending or revoking the lawyers license. Make your practice more effective and efficient with Casetexts legal research suite. 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). However, under our precedent, we can consider an interim suspension arising from the same conduct when calibrating the disciplinary suspension. Iowa Sup. 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. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> He was sentenced to fourteen days in jail with credit for time served. As part of its responsibility to supervise lawyers and in the interest of promoting public confidence in the legal system, the Iowa Supreme Court has created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct. 19-0985. 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. v. Hier, 937 N.W.2d 309, 317 (Iowa 2020)). 2. Johnson was only convicted once of driving while under revocation, but the stipulated record indicates that he did so on three occasions. 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. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. During that time, he has been privately admonished on at least seven occasions for various offenses, including client neglect and failure to communicate with clients, and he was publicly reprimanded in 2017 for neglecting a clients case. How frequently and by what means will we communicate? 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). endobj He violated probation repeatedly. % The commission also considered Fishers representation of a married couple in a parental rights case. In one matter, the court reduced a proposed 30-day suspension to a public reprimand.