We respectfully consider the commission's factual findings and recommendations but we are not bound by them. WebAttorney Discipline Complaint Against a Lawyer 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 procedures for addressing complaints concerning alleged violations of the Iowa Rules of Professional Conduct. at 572. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. Aeilts's malicious attempt to send Cornelison to jail in an effort to prevent him from filing an ethics complaint against Aeilts displays his lack of honesty and reflects adversely on his fitness as a lawyer. v. Clarity, 838 N.W.2d 648, 663 (Iowa 2013) (imposing a one-year suspension for neglect, trust account violations, unreasonable fees, and other violations); Iowa Sup. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. A. Haylie Reiter. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. It also has 35 lay members. v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). Ct. Att'y Disciplinary Bd. See Iowa Sup. The Iowa Supreme Court Grievance Commission (commission) determined the Board proved a majority of its charges and recommends we suspend Fisher's license for one year. Lastly, it can file complaints with the Grievance Commission. The commission determined Fisher violated the following ethics rules, several of which reoccurred between clients: 32:1.4(a)(2), (3), and (4) (client communication). Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. 160, 27 L.Ed.2d 162 (1970). The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. Ct. Att'y Disciplinary Bd. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. The record does indicate several times where Fisher directly apologized to testifying witnesses about their previous interactions and that he voluntarily dismissed a small claims judgment against Hallett. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. See Iowa Sup. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. We have imposed suspensions ranging from sixty days to eighteen months for engaging in conduct prejudicial to the administration of justice when compounded by additional violations. Iowa Sup. 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. Click here for the Board's current informational brochure. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 32:8.4(b), 32:8.4(c), and 32:8.4(d). Ct. Att'y Disciplinary Bd. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. How frequently and by what means will we communicate? Instead, it is enough that Aeilts made the false statements with a casual, reckless disregard for the truth. Marzen, 949 N.W.2d at 239 (quoting Muhammad, 935 N.W.2d at 28). On October 26, 2020, the Board amended its complaint to reflect a removal of a count but maintained ethical violations occurred during the representation or interactions with Haylie Reiter, Michelle Curry, Dustin Hallett, J.H., A.H., and C.B.W., along with various trust account violations. Instead, we take into consideration the totality of facts and circumstances in each case. Ct. Att'y Disciplinary Bd. booklet to help you choose and work well with a lawyer. See McGinness, 844 N.W.2d at 46364. Require a lawyer to return money or property to a client. Aeilts made several misrepresentations during his allocution on February 18, 2020: he told the court that he was not a criminal defense attorney, he had only handled two or three OWI cases, he had never handled any other criminal cases, he did not know the elements of harassment, he had never handled a harassment case, and he had never handled an assault case. Copyright 2023, Thomson Reuters. (quoting Iowa Sup. Identifying mental health issues and seeking treatment is a significant first step. I had never handled anything else. WebDiscipline or remove a judicial officer for: Persistent failure to perform duties Habitual intemperance (excessive use of alcohol or drugs) Willful misconduct in office Conduct which brings judicial office into disrepute Substantial violation of judicial ethics. We briefly summarize the commission's factual findings surrounding the ethics violations. Against the mitigating factors present in this case we balance any aggravating factors. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. Considering Retiring From The Practice of Law? Introduction. Ct. Att'y Disciplinary Bd. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. I was not a criminal defense attorney. v. Sears, 933 N.W.2d 214, 225 (Iowa 2019) (recognizing that attorney's lack of prior discipline was considered a mitigating factor; however, it did not weigh heavily because the misconduct started five months after the attorney was admitted to the Iowa bar). Click here for the Board's current informational brochure. at 683. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. 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. In Iowa Supreme Court Attorney Disciplinary Board v. McGinness, we found an attorney violated rules 32:8.4(c) and 32:8.4(d) when he falsified the certificate of service on civil discovery requests he failed to send to opposing counsel and then doubled down to the point of hiring a handwriting expert to support his insistence he had not copied the certificate from another filing when confronted. Ct. Att'y Disciplinary Bd. Arrange for another lawyer to be appointed to represent the client. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. 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. Stay up-to-date with how the law affects your life. Iowa Sup. 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. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. We consider these cases in assessing an appropriate suspension in this case. Weather related closures Wednesday, February 22, 2023, 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. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. Such testimony will be under oath and you will be subject to cross-examination. (omission in original) (quoting Iowa Sup. Please try again. When determining whether a lawyer violated rule 43:8.4(c), we focus on whether the effect of the lawyer's conduct is to mislead rather than to inform. Haskovec, 869 N.W.2d at 560. Iowa Sup. Honesty is the hallmark of the legal profession. at 78788. The Board is not a collection agency. At the time of his allocution, Aeilts had only been practicing for five years. 32:1.9(c)(2) (revealing confidential information of a former client). Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. We agree with the commission's analysis of the aggravating and mitigating circumstances. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. Stay up-to-date with how the law affects your life. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. At his sentencing hearing on February 18, 2020, Aeilts stated during his allocution to the court: I would like for the record's sake to clarify a misrepresentation that was made about my history. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. Fisher failed to do so. Aeilts maintains that he did not intentionally make false statements to the court, relying on Iowa Supreme Court Attorney Disciplinary Board v. Sobel, 779 N.W.2d 782 (Iowa 2010). Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. WebI. It should go without saying that misrepresenting facts to a court and to law enforcement violates the rules of professional conduct Iowa attorneys take an oath to uphold. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. 1. The Board points out one attorney disciplinary case involving malicious prosecution: Iowa Supreme Court Board of Professional Ethics & Conduct v. Postma, 555 N.W.2d 680 (Iowa 1996). A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. In his answer, Fisher admitted to some trust account violations under Iowa Rules of Professional Conduct 32:1.15(c) (withdrawal of fees only when earned) and 32:1.15(f) (trust accounting governed under chapter 45), and under Iowa Court Rules 45.2(3)(c) (types of acceptable records for trust funds) and 45.7(4) (notification of fee withdrawal from trust funds). Aeilts committed multiple rule violations involving conduct from two unrelated events. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). 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. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. In Sobel, an attorney inaccurately testified at a postconviction hearing about whether two of his clients were present at a sentencing hearing, which took place two years prior to his testimony. Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). 21-0672 Case No. We disagree. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! v. Johnson, 774 N.W.2d 496, 499, 501 (Iowa 2009) (per curiam) (suspending lawyer's license for six months for third offense OWI), overruled in part by Templeton, 784 N.W.2d at 768; Weaver, 812 N.W.2d at 13, 16 (suspending lawyer's license for two years for second offense OWI and harassment in the third degree). The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. 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