xZn8}7@,7"E;4jm! 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. . Change the fee a lawyer charged or require a refund. 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. Fisher abandoned his clients at their greatest time of need, the commission found. What are the unpredictable factors? 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. K. Johnson Consents to a Disability Suspension. Seized, 501 N.W.2d at 485. 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. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. 2 0 obj 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. Require a lawyer to return money or property to a client. G. Guilty Plea in the First Polk County Case. No. This pattern of criminal conduct showed disrespect for the law. 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. You will now be taken from the global Dentons website to the $redirectingsite website. Follow Iowa Capital Dispatch on Facebook and Twitter. Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. Ct. Att'y Disciplinary Bd. In landing at the lower end rather than the upper end of the parties stipulation, we quibble with the commission's views only slightly. A trial information was filed in Jasper County charging Johnson with driving while revoked and possession of methamphetamine first offense (the Jasper County case). %PDF-1.5 Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. r. 34.17(7). The commission also reviewed Firshers handling of a parental-rights case in which Fishers client paid him an $800 retainer. Cause Of Action: 42 U.S.C. v. Bergmann, 938 N.W.2d 16, 21 (Iowa 2020). He was ordered by both district courts to complete inpatient treatment for substance abuse. % 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). How frequently and by what means will we communicate? r. 36.24(1). Ask your lawyer what to expect. The Board is not a collection agency. at 300. 21-0696: LS Power Midcontinent, LLC v. State Filed Mar 24, 2023 View Opinion No. 785-783-8385 (fax) attydisc@kscourts.org. dennis.tibben@iowa.gov, or Assistant Attorney General Katie Carl at 515-281-6661 . See id. Id. To prove a violation of rule 32:8.4(b) the board must show some rational connection between the attorney's conduct and the attorney's fitness to practice law other than the criminality of the act. After representing one client in writing a contract, Leitner then represented the other party to argue the contract was void. C. Rule 32:8.4(a). Fisher was also accused of ethics violations tied to his representation of an Iowa woman in a divorce case. That charge was dismissed due to the state's failure to file a timely trial information. On review of the report of the Iowa Supreme Court Grievance Commission. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We have inherent constitutional power to license and discipline attorneys within the State of Iowa. v. Lynch, 901 N.W.2d 501, 511 n.5 (Iowa 2017). Court records indicate OBrien has been licensed to practice law in Iowa since 1996. Although a second attorney filed an appearance in the dissolution on behalf of Denis, Gailey did not withdraw as attorney in the dissolution action until July 25. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d, A stipulation of facts is binding on the parties. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. During that same month of May 2021, Johnson was admitted to an inpatient facility in Clarinda for treatment of his substance abuse. Give documents and information to your lawyer promptly. There, an attorney neglected his clients and mishandled their cases and money while struggling with alcoholism. Id. The first is the Attorney Disciplinary Board. After 11 prior disciplinary cases, a criminal conviction for fraud and his retirement from practicing law, a western Iowa attorneys law license has been suspended by the Iowa Supreme Court. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. r. 42.1(7). We will discuss each allegation separately. 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. Charles L. Harrington, Elizabeth E. Quinlan, and Teresa A. Vens, Des Moines, for complainant. Our prior rule stated: Iowa Code of Prof'l Responsibility DR 7-104(A)(1). Not all criminal convictions violate rule 32:8.4(b). Sarah has a broad range of clients including insurance companies, banks and financial institutions, commercial property owners, individual property owners, product designers and manufacturers, and employers. Please click Confirm below to continue. Case No. Id. We suspended the attorney's license with no possibility of reinstatement for six months. I. People always change their story just a little bit and it allows for some chance in the situation." IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Gerald Anthony Lyman MOOTHART, Respondent. A complainant need not be a US citizen. 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. For a criminal act to constitute a violation of rule 32:8.4(b). No. See id. 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. Rule 32:4.2(a) provides: Iowa R. Prof'l Conduct 32:4.2(a). Brueggeman v. Osceola County. at 8, 1415. In Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, we suspended an attorney's license for six months after he obtained a public intoxication conviction and his third OWI conviction. v. Bieber, Iowa Supreme Ct. Attorney Discip. <> Can you complain against the other persons lawyer? However, we will not be bound by a stipulation of a violation or of a sanction in reaching our final decision in a disciplinary case. 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. Ct. Att'y Disciplinary Bd. 11/04/20. . Fisher has challenged the commissions recommendations, filing a motion asking the Iowa Supreme Court to set aside the commissions findings and recommendations due to a missed deadline. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. In addition, OBriens Iowa law license was already inactive, having been indefinitely suspended last June for separate violations. 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). Eventually, in mid-2021, the attorney entered an intensive drug-treatment program pursuant to court order. at 663 (starting the disciplinary suspension on the date of release of our opinion); Weaver, 812 N.W.2d at 16 (same). Topeka, KS 66603-3729. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d 801 (Iowa 2010), we recently had occasion to interpret this rule. 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. Pursuant to our court rules, we are required to review the report of the commission. Iowa Capital Dispatch is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. The Board has prepared a booklet to help you choose and work well with a lawyer. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. Seized, 501 N.W.2d 482, 485 (Iowa 1993). 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. See id. These separate incidents occurred less than four months after we reinstated his license following his second OWI conviction. Having said that, we have little difficulty concluding that Johnson's criminal conduct violated rule 32:8.4(b). Id. Id. Dawn's attorney did not give Gailey permission to contact Dawn. Free and independent journalism is what keeps our public servants accountable and responsive to the people. The disciplinary case marks the second time Fisher has been accused of ethics violations. Iowa Supreme Ct. Att'y Disciplinary Bd. Id. See Templeton, 784 N.W.2d at 76869. On these facts, we suspended the attorney's law license with no possibility of reinstatement for two years. See id. Iowans value integrity in their government. Instead of holding a hearing, the commission decided the case on a joint stipulation filed by the board and Gailey. He received a deferred judgment and was placed on probation for one year. The discipline board first filed its complaint against Leitner in March, according to court filings. A defense attorney representing Forkpa, who is scheduled for trial in May, declined to comment. 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. Ct. Att'y Disciplinary Bd. According to the commission, Fisher now works for Wells Fargo as a strategic sourcing consultant. As a result of Johnson's probation violations, his deferred judgments in the Boone County case and the Dallas County case were revoked. 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. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. 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. Id. 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. 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.. In addition, OBrien was criminally convicted of fraudulent practices in 2004. v. Clarity, 838 N.W.2d 648, 662 (Iowa 2013). In an attorney disciplinary action, the grievance commission recommends thirty-day suspension for attorney's violation of conflict of interest rules. . In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished O'Brien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. You are switching to another language. Please see our republishing guidelines for use of photos and graphics. On December 11, Johnson resolved the Boone County case by pleading guilty to possession of methamphetamine first offense and OWI first offense. 785-435-8200. 19-0911 Case No. Johnson admitted that he had used methamphetamine two days before and that he had been using it for approximately one year. We are bound by the parties stipulations of fact, but not by their stipulations as to ethical violations or recommended sanctions. At no time did Gailey directly ask Dawn to lie or change her testimony. 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. Moreover, the stipulation affirmatively states Gailey did not ask Dawn to lie or change her testimony. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, vs. ANDREW GATTON AEILTS, Appellant. In Iowa Supreme Court Attorney Disciplinary Board v. Cannon, we suspended an attorney's license for thirty days after he was convicted of boating while intoxicated, possession of cocaine, and OWI in three separate incidents. Sue a lawyer for careless work, or do work a lawyer failed to do. Sometimes, but such complaints often fail to understand our adversary system of justice. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. Expect your lawyer to keep you informed of all important developments. Iowa Ct. R. 35.10(2). N. Johnson Completes Inpatient Substance Abuse Treatment. We review the record below de novo. 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. Our rules require us to determine whether an attorney's conduct violates our ethical rules, and if it does, we must determine the proper sanction for the violation. His clients, the commission found, were left livid, scared (and) frustrated. Fisher allegedly suggested the couple represent themselves in court and provided no guidance as to what they should expect at the hearing. 22-2003: Iowa Supreme Court Attorney Disciplinary Board v. Scott A. Johnson Filed Mar 31, 2023 View Opinion No. Denis requested Gailey deliver the letter to Dawn and speak with Dawn face to face on his behalf regarding her potential testimony in the criminal action. Gailey contacted the county attorney and advised her that he would voluntarily surrender Denis to the authorities and arrange for Denis's bail. All rights reserved. Id. Therefore, the board has not proved Gailey violated rule 32:8.4(c). Part of the conversation between Gailey and Dawn also related to her concerns about the prosecutor asking her daughter to testify at trial. D. Rule 32:8.4(b). Fisher later admitted he withdrew $615 of that retainer before performing any work on the case. at 78. The lawyer's accounting (which was confirmed by the Iowa Bar/Disciplinary Board) showed that he received a total of $18,200.00 and, after for the fifty-percent split and other tax and reimbursement considerations, the lawyer wrongfully misappropriated $9,200.00 from the law firm. Templeton, 784 N.W.2d at 767. Johnson then continued to drive under the influence, resulting in a second OWI arrest and conviction just months later. See Iowa Sup. Her unparalleled work ethic and calm practicality help her obtain positive outcomes for her clients. M. The Deferred Judgments Are Revoked. The license suspension may have little practical effect on OBrien. 4 0 obj On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). 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. 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. 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)). In its complaint, the board alleged Gailey's conduct violated the following Iowa Rules of Professional Conduct: 32:3.4(b), 32:4.2(a), 32:8.4(a), 32:8.4(b), 32:8.4(c), and 32:8.4(d). 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. v. Dunahoo, Staff Mgmt. 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. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. Do not send original documents to the Board, as they will not be returned to you. The most recent complaint against OBrien involved his representation of Damon Krull of Woodbury County in a 2019 child-custody dispute. On Friday, the court opted to instead impose a three-year suspension. at 650. In addition to her complex litigation practice, Sarah serves as Dentons Davis Brown Co-General Counsel and Co-Chair of the Litigation Division. The Boards jurisdiction extends to the attorneys license alone. D. Guilty Plea in the Boone County Case. Ct. Att'y Disciplinary Bd. 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. The email address cannot be subscribed. Iowa Sup. The final issue is when Johnson's disciplinary suspension should begin. When she called for an update a month later, the then-director of nursing asked her "do you really want to come back" but refused to explain what she meant. Iowa Code - FindLaw's hosted version of the state code of Iowa. For all these reasons, we find that Johnson violated rule 32:8.4(b). F. Rule 32:8.4(d). Eventually, the attorney was sentenced in federal court on a second conviction for possession of cocaine. v. Aeilts, Iowa Supreme Court Attorney Disciplinary Bd. The Iowa Judicial Building. About how much will it cost? So are his cooperation with the Board and acceptance of responsibility. 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. 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. Iowa Supreme Ct. Att'y Disciplinary Bd. 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. Iowa Supreme Ct. Att'y Disciplinary Bd. As for aggravating circumstances, we agree that Johnson's pattern of misconduct is an aggravating factor. 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. 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. A. Prior to reinstatement, Johnson must provide medical documentation from a licensed healthcare professional indicating his fitness to practice law, which shall include mental health and substance abuse evaluations. Johnson was also discharged from probation. Thus, even in Johnson, we viewed whether the criminal act occurred in connection with the attorney's law practice as relevant to the sanction. Discipline or remove an employee for conduct that violates the judicial branch code of employee ethics. 3 0 obj This in and of itself does not violate rule 32:3.4(b). Another aggravating factor is a previous private admonishment for making an extrajudicial statement regarding a pending criminal matter concerning his two sons. The first type is a stipulation that admits facts, relieving a party from the inconvenience of proving the facts in the stipulation. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012)). We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Iowas congressional candidates answer questions on, Restaurant inspection update: Sewage, rodent carcasses, mold, Governor's agenda skates past first legislative 'funnel'. 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. Wesley Alan Johnson, Kelley, pro se. In a divorce case, Leitner secretly inserted new language in an agreement without notifying the opposing attorney, actions the judge in that case found showed "an intent to deceive." Nor were they the only ones who failed to respond to warnings. 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. Having emerged from that program, and still under a disability suspension, the attorney is now before us on an attorney disciplinary complaint. On our review, we agree that all of the attorney's criminal acts constitute ethical violations, and we order the attorney's license suspended with no possibility of reinstatement for one year. ^H;KGrQbEjxod)}/>J We will follow our usual practice of having the disciplinary suspension begin when we issue our decision, subject to the ten-day grace period that became effective on October 1, 2022.2. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. We concur with the assessment of the parties and the commission that this case does not warrant as severe a sanction as Weaver. The defendants then requested sanctions, arguing that Leitner and McFadden were ethically obligated to ensure a factual basis for all his claims before filing his complaint. Please see our republishing guidelines for use of photos and graphics. All justices concur except CADY, J., who takes no part. Iowa Constitution - The constitution of the state of Iowa. 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. engage in conduct that is prejudicial to the administration of justice."
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