Ct. Att'y Disciplinary Bd. See Iowa Sup. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. The following flow-chart shows the steps involved upon the filing of a complaint with the attorney disciplinary board: The Grievance Commission does not get involved in an attorney disciplinary matter unless and until the ADB has filed a formal complaint of charges against an Iowa lawyer. We conclude Aeilts violated rule 32:8.4(b). The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. No. Fisher and the Board did not contest the commission's legal conclusions. 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. 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. All of these representations to the court were false. Characterizing his conduct as an extraordinary one-time occurrence that is out of character for him, we suspended his license for six months to protect the integrity of the judicial system and the lawyers who work within it. Id. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Expect your lawyer to keep you informed of all important developments. Ct. Att'y Disciplinary Bd. Both the Board and Fisher filed briefs in support of a one-year suspension. Identifying mental health issues and seeking treatment is a significant first step. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. Id. Please try again. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. Considering Retiring From The Practice of Law? 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. We give each of these cases their due weight. WebOral Argument Schedule. at 180. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. Ct. Att'y Disciplinary Bd. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. 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. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. On October 1, Aeilts was charged with Malicious Prosecution in violation of Iowa Code section 720.6 and with False Report of an Indictable Offense to a Public Entity in violation of Iowa Code section 718.6(1) for his conduct related to pressing harassment charges against Cornelison. so that C.B.W.s current spouse could adopt L.M. No. 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. But even if he simply misspoke, it was still a matter constituting misconduct. Id. The court placed Aeilts on supervised probation for one year, imposed a civil penalty, and required Aeilts to complete fifteen hours of unpaid community service. Ct. Att'y Disciplinary Bd. We also found Postma committed other violations of our professional rules because he failed to obey a court order, failed to file several years of tax returns, neglected two estates, and failed to respond to the Board. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. and J.B.W. No. I didn't know the elements of harassment. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Ct. Att'y Disciplinary Bd. Nor does Committee on Professional Ethics & Conduct of The Iowa State Bar Association v. Ramey, 512 N.W.2d 569 (Iowa 1994) (en banc), help Aeilts's case. 844 N.W.2d 456, 46263 (Iowa 2014). The Board recommends a six-month suspension, while Aeilts asks for thirty days. Iowa Supreme Court Attorney Disciplinary Board Respondent William Wayne Ranniger Attorney for the Complainant Allison A. Schmidt Attorney for the Respondent John C. Gray Supreme Court Oral Argument Schedule Non-Oral Sep 15, 2022 9:30 AM Supreme Court Opinion Opinion Number: 22-0796 Date Published: Oct 14, 2022 Around 3:40 a.m., Aeilts drove his vehicle off of the roadway, through a cornfield causing damage to the field and to his vehicle, and then drove approximately six miles with a damaged windshield before being stopped by law enforcement. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Id. 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 ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. 160, 27 L.Ed.2d 162 (1970). Sometimes, but such complaints often fail to understand our adversary system of justice. The record is filled with examples of clients or opposing counsel sending several emails asking for updates or questions on their cases, as well as many follow-up emails, texts, or calls that went unanswered. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). Should the Board decide to file your complaint with the Grievance Commission, your testimony normally will be required at a hearing before the Grievance Commission. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Id. WebI. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. v. Barnhill, 885 N.W.2d 408, 42627 (Iowa 2016) (suspending lawyer's license for six months for filing a frivolous counterclaim against a former client). The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. A. Iowa Rule of Professional Conduct 32:8.4(b). 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Ct. Att'y Disciplinary Bd. WebI. We considered several mitigating factors including: his lack of disciplinary history, community service, remorse, cooperation with the Board, and that it was an isolated incident. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). No. Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. Ct. Att'y Disciplinary Bd. It accepts complaints only from the ADB ethics counsel and does not accept complaints directly from the public, reimburse victims of theft or conversion by Iowa attorneys or handle complaints of non-lawyers practicing law. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. 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. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. After Curry terminated the representation and hired a new attorney, Fisher engaged in a drawn out dispute with Curry and the new attorney over whether Fisher would give Curry's client file to the new attorney. The conduct bringing Aeilts to the Board's attention began on August 21, 2018, when Randy Cornelison, the father of one of Aeilts's clients, called Aeilts to complain about the lack of progress on his son's custody case and to get his son's retainer back. Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). Most complaints are filed by clients, but this is not a requirement. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. Our considerations include the nature of the violations, the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the attorney's fitness to continue practicing law, as well as any aggravating or mitigating circumstances. Iowa Sup. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. Stay up-to-date with how the law affects your life. Ct. Att'y Disciplinary Bd. Such testimony will be under oath and you will be subject to cross-examination. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. 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. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien 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. As my professional statement, I did not know that to be true. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. at 683. The second incident giving rise to the Board's complaint against Aeilts occurred less than a month later on September 16, when Aeilts drove while intoxicated. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. 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. The Board and Fisher agree that a one-year suspension is appropriate. Iowa Sup. 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. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. The charges involved client neglect, mishandling funds and trust accounts, revealing confidential information of former clients on the internet, false statements, frivolous filings, improperly withdrawing from a case, conduct prejudicial to justice, and failing to cooperate with the Board. v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). No. We consider these cases in assessing an appropriate suspension in this case. Aeilts's actions involved separate ethical violations that took away resources from law enforcement and the court, negatively reflected on the reputation of the bar as a whole, and could have negatively impacted Cornelison's liberty had Cornelison not had a recording of the phone call to exonerate himself. Rule 32:8.4(b) prohibits a lawyer from commit[ing] a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. 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. The commission granted the motion for sanctions. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). v. Keele, 795 N.W.2d 507, 50910 (Iowa 2011) (discussing lawyer's prior public reprimand for his convictions of OWI and possession of drug paraphernalia); Cannon, 821 N.W.2d at 88283 (suspending lawyer's license for thirty days for convictions for operating a boat while intoxicated, possession of cocaine, and OWI); Iowa Sup. If you do not get a satisfactory reply, you may file a complaint. Write to confirm all important understandings. Under Ramey, an attorney who misrepresents the truth based on a sloppy or casual unawareness of the truth must still be held accountable. Despite this uncertainty, he emailed J.H.s mother that he possessed an affidavit of service and he was going to terminate J.H.s parental rights at a hearing even though he later filed a continuance. v. Cunningham, 812 N.W.2d 541, 553 (Iowa 2012) (determining we will not view a lawyer's prior discipline as an aggravating factor when the conduct occurred during the same timeframe as the current violation before the court). In reality, Aeilts had represented clients in at least twenty-two criminal matters on charges that included OWI, trespass, assault, disorderly conduct, two different harassment charges, burglary, neglect of a dependent person, child endangerment, and drug possession. Id. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Id. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Fisher answered both complaints. What are the unpredictable factors? 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 parties dispute whether Aeilts's conduct during his arrest for OWI violated rule 32:8.4(d) when he sent text messages to Assistant County Attorney Robinson. Ct. Att'y Disciplinary Bd. He was clearly intoxicated during the incident as he later blew a .122. at 65758. We agree with the commission that Aeilts's conduct in texting Robinson did not interfere with or prejudice the administration of justice and did not violate rule 32:8.4(d). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Fisher also filed a frivolous motion for sanctions. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). Here, the commission determined Fisher's remorse was not genuine repentance but in response to ethical charges. Write to your lawyer and ask for a written explanation. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. While Aeilts's conduct is not as egregious as Postma's, which led to the revocation of his license, his false accusations that could have subjected Cornelison to criminal charges are more serious than Postma's filing of frivolous civil claims. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Whether the district court relied on his misrepresentations when imposing his sentence is irrelevant to our analysis. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. Based on Aeilts's violations and the aggravating and mitigating factors in this case, we agree with the Board and the commission that Aeilts's license should be suspended for six months. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. We revoked Postma's license. Aeilts's assertions that he did not know alleging a threat of bodily harm was an indictable offense and that he did not intend for Cornelison to be charged with an indictable offense are also without merit. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. Donelson contacted Cornelison during his investigation. at 78788. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. 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. In response to Cornelison's request for the return of his son's $400 retainer, Aeilts filed a false police report and requested harassment charges be brought against Cornelison. I had never handled so much as a simple assault. Id. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. A. Haylie Reiter. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Click here for the Board's current informational brochure. 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. Fisher's failure to notify Reiter of outstanding opposing attorney fees and to timely return complete discovery to the opposing party led to contempt charges against Reiter. Ct. Att'y Disciplinary Bd. You may or may not be called on by an investigator. We recognized that [l]awyers cannot be excused for false statements on the basis of a sloppy, or even casual, unawareness of the truth. Id. Based on these violations, the commission recommended a suspension of one year. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. This suspension applies to all facets of the practice of law. See Iowa Sup. 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. 21-0774 Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. On Friday, the court opted to instead impose a three-year suspension. Ct. Att'y Disciplinary Bd. 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