v. Nelson, 838 N.W.2d 528, 542 (Iowa 2013). The Board is not a collection agency. Johnson entered that program in August 2021 and successfully completed it in April 2022. Estate of Fields v. However, criminal or fraudulent conduct may be subject to discipline. Courts exist to impartially resolve disputes and interpret questions of law brought to the courts in the form of cases. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012)). 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. 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. 2023 www.desmoinesregister.com. The court rejected aggravation based on prior discipline IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. 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. We treat a stipulation conceding an issue in the case like a settlement agreement. 1. Templeton, 784 N.W.2d at 767. Ct. Att'y Disciplinary Bd. Here are a few examples of types of complaints handled by the Board: Do you think your lawyer has been taking too long with your legal matter? Contact Me Get in Touch! Iowa Constitution - The constitution of the state of Iowa. The final issue is when Johnson's disciplinary suspension should begin. U.S. 8th Cir. N. Johnson Completes Inpatient Substance Abuse Treatment. Rule 32:8.4(d) provides that "[i]t is professional misconduct for a lawyer to . This disciplinary suspension applies to all facets of the practice of law. Therefore, the board has not proved Gailey violated rule 32:8.4(c). This in and of itself does not violate rule 32:3.4(b). at 652. at 78. The commission also reviewed Firshers handling of a parental-rights case in which Fishers client paid him an $800 retainer. 749 N.W.2d 666, 669 (Iowa 2008). How long will the matter take? Download PDF. Upon our review, we concur the respondent violated our ethical rules and suspend his license to practice law for sixty days. Methamphetamine was found in plain view in the vehicle, and Johnson was arrested. The owner of the Tipsy Crow, Dough Mama and Grumpy Goat establishments has hired Leitner to represent him in multiple matters, including a 2021 domestic violence arrest that resulted in a misdemeanor plea and related civil litigation. 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. We will discuss each allegation separately. If an investigation is opened, the Board sends notice with a copy of the complaint to the lawyer, who is required to provide a timely written response. on Prof I Ethics Conduct v. Gartin, 272 N.W.2d 485, 487 (Iowa 1978). See Iowa Sup. 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 . Opinions - FindLaw cases and resources for the Eighth Circuit Court of Appeals. Id. The attorney disciplinary process in Iowa involves two separate entities. Wesley Johnson became a licensed Iowa attorney in 2008. r. 34.17(7). 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. Ask your lawyer what to expect. Johnson was again arrested for OWI. Accordingly, we give this charge no further consideration. Charles L. Harrington, Elizabeth E. Quinlan, and Teresa A. Vens, Des Moines, for complainant. See Iowa Sup. 4 0 obj M. The Deferred Judgments Are Revoked. 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. Courtyard Estates employee Catherine Forkpa, who'd been responsible for safety checks on memory care residents that night, was fired and later charged with second-degree murder. Furthermore, the misconduct here does not include a felony conviction or a conviction for harassment. Fisher abandoned his clients at their greatest time of need, the commission found. No. On April 26 the criminal court entered a no-contact order requiring Denis to have no contact with Dawn. Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. Graen's Mens Wear, Inc. v. Stille-Pierce Agency, 329 N.W.2d 295, 300 (Iowa 1983). We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Helpful information about choosing and working with an attorney. J. Johnson Enters but Then Leaves Inpatient Substance Abuse Treatment. Oxley, J., delivered the opinion of the court, in which all justices joined. Though county attorneys and other prosecutors are bound by ethics rules, their discretion whether or not to initiate a criminal prosecution is seldom a basis for a complaint of ethical misconduct. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. 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. 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. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. Id. Iowa Sup. . Iowa Ct. R. 35.10(2). See id. Finally, if we find a violation, we will determine the appropriate sanction. We believe the best way to protect the public against a potential relapse is to place appropriate conditions on Johnson's reinstatement. Considering Retiring From The Practice of Law? 2001). Johnson was also discharged from probation. All rights reserved. A complaint form (available below). On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). Johnson did not commit any acts of violence, and there was no showing that any of his criminal conduct was directly connected to his law practice. Denis was arrested and the state charged him with kidnapping. A lawyer is allowed to explain the consequence of a witness's testimony without fear of being accused of counseling or assisting a witness to testify falsely. Lawyers, like other professionals, sometimes make mistakes. 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. 2023 Iowa Judicial Branch. Daniels agrees that she did not respond to any alarms the night Stewart went missing, but says there's a reason for that: because she was assigned to the assisted living wing that evening, alerts from the memory care unit were not routed to her iPad and she did not receive any notifications of alarms in that part of the building until she saw them on the office computer later in the morning. Iowa Courts. E. Rule 32:8.4(c). Id. Yet a key consideration is that Johnson's misconduct was not limited to possession offenses. at 553. Thats why Iowa Capital Dispatch, a nonprofit, independent source for quality journalism, is working every day to keep you informed about what government officials are doing with your money, your freedom and your safety. 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. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Court records indicate OBrien has been licensed to practice law in Iowa since 1996. Ct. Att'y Disciplinary Bd. 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). In Gailey, we noted that the language of rule 32:4.2(a) is substantially similar to our prior disciplinary rule, DR 7-104(A)(1). This rule makes it 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. You may or may not be called on by an investigator. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. Can you complain against the other persons lawyer? A convincing preponderance of the evidence is "`less than proof beyond a reasonable doubt, but more than the preponderance standard required in the usual civil case.'" Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. v. Dunahoo, Staff Mgmt. In light of all of the foregoing, we conclude Johnson's license should be suspended with no possibility of reinstatement for one year. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. K. Johnson Consents to a Disability Suspension. 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. See Iowa Ct. R. 36.16(2)(3). He also drove while under revocation, in flagrant disregard of what the law required him to do. Ct. Att'y Disciplinary Bd. The First Polk County Case. F. Rule 32:8.4(d). 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. . 124.401(5). Christopher A. Clausen of Moothart & Clausen Law Office, Ames, for respondent. Ct. Att'y Disciplinary Bd. In re Estate of Clark, 181 N.W.2d 138, 142 (Iowa 1970). Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. He has won numerous state and national awards for reporting and editorial writing. v. Howe, 706 N.W.2d 360, 373 (Iowa 2005)). Accordingly, to allow the parties to make these determinations is against the public policy surrounding our attorney disciplinary system. Iowa Attorney Disciplinary Bd. We review the record below de novo. DEIJ Policy | Ethics Policy | Privacy Policy. r. 42.1(7). 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. People always change their story just a little bit and it allows for some chance in the situation." Krull paid OBrien $2,750 as a retainer. Rule 32:8.4(b) provides that "[i]t is professional misconduct for a lawyer to . Graen's Mens Wear, Inc., 329 N.W.2d at 299. Id. 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. Daniels notes, and the state investigation confirms, that the facility's on-call nurse received notifications at home of the multiple door alarms for nearly nine hours and took no action. The Board and Johnson entered into a stipulation of facts, exhibits, rule violations, mitigating and aggravating circumstances, and sanctionalong with a waiver of a formal hearing. . On Friday, the court opted to instead impose a three-year suspension. v. Box, 715 N.W.2d 758, 763 (Iowa 2006). v. Khowassah, 890 N.W.2d 647, 651 (Iowa 2017) (noting that a pattern of criminal conduct reflects adversely on an attorney's fitness to practice law and demonstrates disrespect of the law); Cannon, 821 N.W.2d at 87980 (Cannon's repeated convictions for substance abuse-related offenses demonstrate disrespect for the law and law enforcement.); see also id. If you are not already a client of Dentons, please do not send us any confidential information. v. Schmidt, Supreme Court Attorney Disc. on Prof'l Ethics Conduct v. Gill, 479 N.W.2d 303, 306 (Iowa 1991) (first quote); Iowa Supreme Ct. Bd. 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. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. In Stefani, the attorney initially pleaded guilty to possession of cocaine, a federal misdemeanor. Ct. Att'y Disciplinary Bd. The lawyer must promptly and completely account for a clients money. A summary of Iowa's attorney disciplinary procedures. v. Akpan, 951 N.W.2d 440, 45657 (Iowa 2020) (stating a lack of prior discipline is a mitigating circumstance). 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. Rule 32:8.4(c) states that "[i]t is professional misconduct for a lawyer to . Id. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Fisher was also accused of ethics violations tied to his representation of an Iowa woman in a divorce case. H. Guilty Plea in the Dallas County Case. 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. Follow Iowa Capital Dispatch on Facebook and Twitter. She died after being taken to a hospital. We also find those precedents to be relevant. We see no reason not to interpret our present rule in the same manner. 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. This case stands out in several respects. Counsel represented her in the dissolution matter. The commission considered the matter on the basis of the parties stipulation without further submission or hearing. If you change your address or phone number, let your lawyer know right away. The facility also gave written reprimands to Daniels and three other employees, who had worked shifts the previous day ending at 10 p.m., for failure to respond to door alarms. The Grievance Commission of the Supreme Court of Iowa found Khowassah violated the rule and recommended a one-year suspension. If the Board decides to impose a private admonition or recommend public reprimand, you will be so notified following a slight delay during which the lawyer is advised of the Boards decision. 21-0696 The letter is entitled "My Last Plea for Your Help." On these facts, we suspended the attorney's law license with no possibility of reinstatement for two years. He also lied to the court repeatedly about his client's child support payments and scheduling court hearings. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d 801 (Iowa 2010), we recently had occasion to interpret this rule. West Des Moines police found methamphetamine on Johnson's person and in his vehicle. 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. Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. 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.. It is essential that the aider and abettor have knowledge of the perpetrator's criminal activity prior to its commission. 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. v. Hier, 937 N.W.2d 309, 317 (Iowa 2020)). The Iowa Supreme Court begins its fall with decisions in three attorney discipline matters. the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. 701 SW Jackson St., 1st Floor. 22-1011 Decided: October 14, 2022 Mansfield, J., delivered the opinion of the court, in which all justices joined. The disciplinary case marks the second time Fisher has been accused of ethics violations. Johnson failed several field sobriety tests. Ct. Att'y Disciplinary Bd. We give weight to the commission's findings, but its findings do not bind us. On the other side of the balance, the parties agreed that the pattern of misconduct, disregard for state law, and persistent substance abuse should be considered aggravating factors. In accordance with Iowa Code 21.5(1)(a) & (d) and 272C.6(4), the Board will go into closed session to review or discuss records which are required or authorized by state or federal law to be kept confidential, or pending licensee discipline cases and investigations, including any cases ready for final resolution through closure or consent . A stipulation of facts by the parties is binding on the parties. As to sanction, the Board and Johnson stipulated that Johnson should have his law license suspended for twelve to eighteen months. C. Rule 32:8.4(a). Expect your lawyer to keep you informed of all important developments. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. Seized, 501 N.W.2d at 485. After making his initial appearance in the case, according to the board, OBrien never filed any paperwork in the matter and never communicated again with Krull, despite the clients numerous phone calls and visits to his office. Johnson must also meet all requirements for the lifting of his disability suspension. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. v. Aeilts, 974 N.W.2d 119, 125 (Iowa 2022). 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. Id. v. Olson. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. Iowa nursing home shortage causing families to live hours apart. commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects." 19-0911 Case No. $|oxr," !A Ct. Att'y Disciplinary Bd. 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. A secretary who answered the phone at his former law office in January said that OBrien was retired and no longer practicing law. 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. At issue are four cases in which Leitner is accused of dishonest or unethical conduct, as well as allegations he mishandled client funds held in his trust account. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. Get a free directory profile listing (Photo courtesy of Iowa Judicial Branch). Leitner filed 11 near-identical lawsuits in May 2022 accusing the defendants of making unspecified defamatory statements about McFadden. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. Johnson's struggles with substance abuse are, unfortunately, not a unique occurrence. Court: Eighth Circuit Iowa US District Court for the Southern District of Iowa. 785-783-8385 (fax) attydisc@kscourts.org. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Johnson told the sheriff's deputies he had just left work and had fallen asleep, but law enforcement concluded Johnson had been driving under the influence. Leitner responded only that the "investigation is ongoing" and refused to identify what damages McFadden and his businesses purportedly suffered. Moreover, the stipulation affirmatively states Gailey did not ask Dawn to lie or change her testimony. On December 21, 2018, Capotosto and the Iowa Supreme Court Attorney Disciplinary Board jointly filed a stipulation of facts and rule violations. 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. 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. 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. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. The commission also considered Fishers representation of a married couple in a parental rights case. Iowa Supreme Court Attorney Disciplinary Board v. Andrew Aeilts Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! Indiana no longer has a rule explicitly addressing threats of criminal prosecution, but attorneys who threaten opposing parties or opposing counsel may be subject to discipline under various Indiana Rules of Professional Conduct, including: Rule 3.1 (Meritorious Claims and Contentions) Rule 3.4 (Fairness to Opposing Party and Counsel) These criminal charges proceeded to trial. O. In 2020 and 2021, Johnson became a criminal defendant himself on five separate occasions. Download PDF. The license suspension may have little practical effect on OBrien. To proceed, please click Accept. From early 2020 until mid-2021, while most Iowans were grappling with the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. Fisher later admitted he withdrew $615 of that retainer before performing any work on the case. Generally, courts around the country allow these types of payments by an attorney to a person when the person is called as a witness to testify. In determining an appropriate sanction, we have stated that [t]here is no standard sanction warranted by any particular type of misconduct. Using the stipulation of the parties together with our review of the record, we make the following findings of fact. 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. Id. at 40. The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. We construe factual stipulations by attempting to determine and give effect to the parties' intentions. Forkpa told inspectors she spent the entire overnight shift monitoring another patient who was trying to leave and that "it slipped my mind to do safety checks" on Forkpa's hallway, although inspectors noted video footage appeared to contradict Forkpa's description of how she'd spent her shift. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. In reviewing the mitigating and aggravating circumstances, Johnson's lack of prior disciplinary history is a mitigating circumstance. In the letter, Denis states: "I have no fantasies in my head that I'm gonna get off light on all this but I think that you could be my light at the end of the tunnel. Having emerged from that program, and still under a disability suspension, the attorney is now before us on an attorney disciplinary complaint. You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. On August 4, Johnson resolved the Jasper County case by pleading guilty to both the possession of methamphetamine first offense and driving while revoked charges. By the time of our decision, the attorney had been under a disability suspension for about seventeen months. The fact Gailey was helping his family is not an excuse. v. Bergmann, 938 N.W.2d 16, 21 (Iowa 2020). On May 24, with Johnson's written consent, a temporary suspension was entered and remains in effect to this day. Please try again. Dawn's attorney did not give Gailey permission to contact Dawn. F. The Second Polk County Case. Eventually, the attorney was sentenced in federal court on a second conviction for possession of cocaine. Eventually, in mid-2021, the attorney The Board has prepared a booklet to help you choose and work well with a lawyer. There, an attorney neglected his clients and mishandled their cases and money while struggling with alcoholism. Id. The commission found that Johnson's completion of substance abuse treatment was a neutral rather than a mitigating factor. Most recently, he had been convicted of OWI third, a class D felony, and sentenced to an indeterminate five-year term. Johnson then continued to drive under the influence, resulting in a second OWI arrest and conviction just months later. In considering our precedents, we find a suspension of three years the appropriate sanction in this case, the court ruled. She was told that the law firm needed her. We have not followed that course of action in the past. Follow Iowa Capital Dispatch on Facebook and Twitter. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. 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)). 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. 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. See id. Iowa Supreme Court Ethics Commission Nursing board Any administrative agency Our established Des Moines law firm is well-equipped to help you pursue the most favorable outcome your case allows. The attorney has accepted responsibility and consents to a disciplinary suspension of between one year and eighteen months.
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