However, we are hesitant to make a similar prediction, particularly in a case decided on a stipulated record where Johnson made no personal appearance. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. The final issue is when Johnson's disciplinary suspension should begin. 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). Iowa Sup. Lawyers, like other professionals, sometimes make mistakes. A. Click here for the Board's current informational brochure. Rule 32:8.4(c) states that "[i]t is professional misconduct for a lawyer to . Upon our review, we concur the respondent violated our ethical rules and suspend his license to practice law for sixty days. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. Justia US Law Case Law Iowa Case Law Iowa Supreme Court Decisions 2014 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. AARON J. THOMAS IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. AARON J. THOMAS Annotate this Case. Denis was arrested and the state charged him with kidnapping. The board has the burden to prove disciplinary violations by a convincing preponderance of the evidence. 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. We review the record below de novo. Id. the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. OBrien, the Supreme Court said in Fridays decision, ghosted Krull and attempted to put on an invisibility cloak.. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. 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. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. He received a deferred judgment and was placed on probation for one year. 124.401(5). But in new court filings, former resident assistant Sally Daniels says she too was fired, despite not having been responsible for memory care the night of Stewart's death, and despite having been the one to first sound the alarm that Stewart was unaccounted for. The lawyer must promptly and completely account for a clients money. J. Johnson Enters but Then Leaves Inpatient Substance Abuse Treatment. 20-0313. A contested case hearing shall be held in this matter before the . 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. You are switching to another language. M. The Deferred Judgments Are Revoked. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Ask your lawyer what to expect. Courts exist to impartially resolve disputes and interpret questions of law brought to the courts in the form of cases. Daniels' complaint contrasts her treatment to that of other employees who, she alleges, were more culpable than she. Therefore, we find Gailey's conduct in communicating with Dawn violated rule 32:4.2(a). . A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. Iowa attorney faces disbarment for fraud, dishonesty On review of the report of the Iowa Supreme Court Grievance Commission. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Id. Thus, even in Johnson, we viewed whether the criminal act occurred in connection with the attorney's law practice as relevant to the sanction. By the time of our decision, the attorney had been under a disability suspension for about seventeen months. Iowa Courts. 785-435-8200. On Friday, the court opted to instead impose a three-year suspension. B. 1 0 obj threatened litigation on McFadden's behalf, Owner of Des Moines metro taverns, pizzeria faces new charges, probation violation, Your California Privacy Rights / Privacy Policy. She has presented on the following topics: University of Iowa College of Law, 2007, JD, US Court of Appeals for the Eighth Circuit, US District Court for the Northern District of Iowa, US District Court for the Southern District of Iowa. He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. In an attorney disciplinary action, the grievance commission recommends six-month suspension for the attorney's violation of rules of professional conduct. Mr. Sporer will bring the ability to impact the law to your case even when the existing law is against you. 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. If you are dissatisfied, let your lawyer know why. If sufficient legal consideration supports this type of stipulation, it is entitled to all of the sanctity of an ordinary contract. Seized, 501 N.W.2d 482, 485 (Iowa 1993). Instead of holding a hearing, the commission decided the case on a joint stipulation filed by the board and Gailey. This is true even where the responding attorney admits the alleged conduct and the rule violations in the complaint. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. This case stands out in several respects. 785-783-8385 (fax) attydisc@kscourts.org. 22-2003: Iowa Supreme Court Attorney Disciplinary Board v. Scott A. Johnson Filed Mar 31, 2023 View Opinion No. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d, A stipulation of facts is binding on the parties. Topeka, KS 66603-3729. After Reiter fired Fisher, she posted a negative review of him on the internet, advising the public to steer clear of this one! Reiters review accused Fisher of damaging her case, failing to do his job, and committing fraud by requesting money and doing no work on her case. Id., cmt. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. B. Ct. Att'y Disciplinary Bd. Complaints about lawyers not paying bills are resolved in the courts of Iowa. Ct. Att'y Disciplinary Bd. Throughout the process, you can count on us to stay in close communication with you. Denis violated the no-contact order by having his father deliver the letter to Dawn. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. We have inherent constitutional power to license and discipline attorneys within the State of Iowa. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. Leitner filed 11 near-identical lawsuits in May 2022 accusing the defendants of making unspecified defamatory statements about McFadden. As a result of Johnson's probation violations, his deferred judgments in the Boone County case and the Dallas County case were revoked. The letter is entitled "My Last Plea for Your Help." Actions from the April 2023 Teleconference | Iowa Board of Medicine G. Guilty Plea in the First Polk County Case. v. Stoller, 879 N.W.2d 199, 221 (Iowa 2016) ([W]e do consistently recognize seeking mental health or other substance abuse treatment as a mitigating factor.). 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. Iowa Code - FindLaw's hosted version of the state code of Iowa. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. The disciplinary case marks the second time Fisher has been accused of ethics violations. Iowa R. Profl Conduct 32:8.4(b). the Board has authority to take disciplinary action against . 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. Iowa Capital Dispatch maintains editorial independence. v. Dunahoo, Staff Mgmt. Fisher abandoned his clients at their greatest time of need, the commission found. She also was not fired. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. Later, a charge was added for possession of LSD (the first Polk County case). . Fisher is alleged to have committed 11 ethics violations with regard to his representation of Haylie Reiter in a 2016 child-custody case. In 2020 and 2021, Johnson became a criminal defendant himself on five separate occasions. A defense attorney representing Forkpa, who is scheduled for trial in May, declined to comment. This disciplinary suspension applies to all facets of the practice of law. First, because Johnson had previously dropped out of treatment, the commission deemed Johnson's completion of the eight-month Bridges of Iowa program to be only a neutral factor. 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. 124.401(5); id. All rights reserved. We construe factual stipulations by attempting to determine and give effect to the parties' intentions. But when an ambulance was summoned, Johnson advised that his back was starting to feel better and that he did not need medical attention. at 663 (starting the disciplinary suspension on the date of release of our opinion); Weaver, 812 N.W.2d at 16 (same). N. Johnson Completes Inpatient Substance Abuse Treatment. Johnson was described as argumentative. He initially said he had tweaked his back in the single-vehicle accident and could not continue doing field sobriety tests because of back pain. Wesley Alan Johnson, Kelley, pro se. 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. Finally, if we find a violation, we will determine the appropriate sanction. In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. v. Lynch, 901 N.W.2d 501, 511 n.5 (Iowa 2017). He has won numerous state and national awards for reporting and editorial writing. 1. PDF Before the Board of Medical Examiners of The State of Iowa