The Board is not funded by the taxpayers of Iowa. On April 27 Dawn filed a dissolution of marriage petition. Ct. Att'y Disciplinary Bd. Learn more about FindLaws newsletters, including our terms of use and privacy policy. A contested case hearing shall be held in this matter before the . The discipline board first filed its complaint against Leitner in March, according to court filings. Actions from the April 2023 Teleconference | Iowa Board of Medicine Attorney Discipline | Iowa Judicial Branch Eventually, in mid-2021, the attorney Iowa Supreme Ct. Att'y Disciplinary Bd. Therefore, the board has not proved Gailey violated rule 32:8.4(c). However, we are not bound to enforce these stipulations if they are unreasonable, against good morals, or contrary to sound public policy. holding attorney who represented his son in divorce proceedings violated rule prohibiting conduct prejudicial to the administration of justice when he aided his son in violating a no-contact order, rejecting recommended 30-day suspension and ordering 60-day suspension for offering money to a witness "as an inducement for her to testify in a certain way", suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter, relying on cases applying prior disciplinary rule DR 7104 in interpreting its successor, rule 32:4.2, equating rule 32:4.2 with its predecessor Iowa Code of Prof'l Responsibility DR 7104, noting we treat stipulations to rule violations like settlement agreements and enforce the stipulation unless "unreasonable, against good morals, or contrary to sound public policy". Estate of Fields v. Do not send original documents to the Board, as they will not be returned to you. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. This suspension applies to all facets of the practice of law. Third, Johnson has been under a disability suspension (to which he consented) since May 24, 2021. On June 29, while still representing Denis in the dissolution matter, Gailey met with Dawn. Gailey responded that he believed that if she were to testify that there was no permanent damage, physically or psychologically, that the criminal charges would be lessened. Thedore Sporer Trial Lawyer at 650. Click here for the Board's current informational brochure. 11/04/20. Id. . It follows that a lawyer should not aid or abet a party to ignore a no-contact order. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. The lawyer must promptly and completely account for a clients money. At the meeting, Gailey provided Dawn with a letter from Denis. 20-0313. The court noted that Johnson had already received a substance abuse evaluation and ordered him to complete any recommended programming. He continued to use cocaine prior to sentencing, and as a result, was ordered to serve three months incarceration followed by three years probation. Iowas congressional candidates answer questions on, Governor's agenda skates past first legislative 'funnel', Restaurant inspection update: Sewage, rodent carcasses, mold. %PDF-1.5 One week later, Johnson resolved the Dallas County case by pleading guilty to possession of methamphetamine. imposing sixty-day suspension of license of respondent with two incidents of prior discipline for aiding and abetting client's violation of a no-contact order and offering witness an inducement to testify that is prohibited by law. Filed: April 25, 2023 as 4:2023cv00138. 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 Boards jurisdiction extends to the attorneys license alone. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. JOHNSON. Contact us. by Clark Kauffman, Iowa Capital Dispatch March 18, 2022. . See id. Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. Attorney Discipline - KS Courts 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. Opinions - FindLaw cases and resources for the Eighth Circuit Court of Appeals. For all these reasons, we find that Johnson violated rule 32:8.4(b). endobj 3 0 obj 701 SW Jackson St., 1st Floor. In reviewing the mitigating and aggravating circumstances, Johnson's lack of prior disciplinary history is a mitigating circumstance. OBrien, the Supreme Court said in Fridays decision, ghosted Krull and attempted to put on an invisibility cloak.. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. APPEL, Justice. In an attorney disciplinary action, the grievance commission recommends thirty-day suspension for attorney's violation of conflict of interest rules. Id. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Having emerged from that program, and still under a disability suspension, the attorney is now before us on an attorney disciplinary complaint. Iowa Supreme Ct. Att'y Disciplinary Bd. See id. Fisher publicly responded to the negative review, stating: You havent paid me in over six months. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. In addition to stipulating to Johnson's criminal convictions in the five cases, the Board and Johnson also agreed to the admission of various police reports and other exhibits from those cases. 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. Iowa Capital Dispatch maintains editorial independence. Id. 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. Free and independent journalism is what keeps our public servants accountable and responsive to the people. Leitner responded only that the "investigation is ongoing" and refused to identify what damages McFadden and his businesses purportedly suffered. He has won numerous state and national awards for reporting and editorial writing. As we have noted, the parties stipulated to a suspension of twelve to eighteen months, and the commission recommended an eighteen-month suspension. We find the board has met this burden. Yet a key consideration is that Johnson's misconduct was not limited to possession offenses. 124.401(5); id. 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. 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. On the possession count, Johnson received a concurrent 180-day sentence with all but one day suspended, to run concurrent with the OWI sentence. 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. But in January, the defendants told the court Leitner continued not to provide meaningful answers, and had missed the deadline to pay the attorney fees sanction. On May 10, Johnson resolved the second Polk County case by pleading guilty to possession of oxycodone. Considering Retiring From The Practice of Law? Still, the court said, in determining the appropriate sanctions for OBrien, it needed to aim for consistency with regard to past cases involving other attorneys accused of client neglect. A few weeks thereafter, on March 18, a bench warrant was issued in the Dallas County case when Johnson failed to appear for a pretrial conference. 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. Guilty Plea in the Second Polk County Case. We review the record below de novo. By contrast, Johnson has no prior disciplinary history and has taken steps to overcome his addiction to controlled substances. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. 22-2003 Case No. Iowa Supreme Court Attorney Disciplinary Bd. v. Ginkel Johnson was also discharged from probation. The commission wrote that Leitner's actions "could be criminal" but were "certainly" fraudulent and dishonest. Sarah speaks at Davis Brown client seminars and local conferences. Iowa attorney faces disbarment for fraud, dishonesty She also was not fired. . 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)). A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. An Iowa attorney with a history of neglecting clients cases is facing a one-year suspension of his law license, in part for alleged bullying and outrageous behavior directed toward former clients. Instead of holding a hearing, the commission decided the case on a joint stipulation filed by the board and Gailey. As the comment to the rule explains, "[f]air competition in the adversary system is secured by prohibitions against destruction or concealment of evidence, improperly influencing witnesses, obstructive tactics in discovery procedure, and the like." Violations must be proved by a convincing preponderance of the evidence. Download PDF. 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 commission was concerned by Johnson's earlier delays and resistance to treatment and was skeptical as to whether he would remain substance free in the future. zOkI b`rWa5"d]R_L/({G?h4nM]]50zaIQco;WoVm/zkRB6P(}I!<7x zW ^Ku We have defined conduct prejudicial to the administration of justice to be acts that hamper "`the efficient and proper operation of the courts or of ancillary systems upon which the courts rely'" by violating the well-understood norms and conventions of the practice of law. In addition, OBrien was criminally convicted of fraudulent practices in 2004. Rule 32:8.4(d) provides that "[i]t is professional misconduct for a lawyer to . IA Supreme Court Opinions and Cases | FindLaw We later overruled Johnson in part. The Supreme Court of Iowa 19-1010. Follow Iowa Capital Dispatch on Facebook and Twitter. $|oxr," !A on Prof'l Ethics Conduct v. Gill, 479 N.W.2d 303, 306 (Iowa 1991) (first quote); Iowa Supreme Ct. Bd. 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. These separate incidents occurred less than four months after we reinstated his license following his second OWI conviction. Court filings show attorneys for plaintiffs repeatedly asked Leitner to identify the offending statements and explain his allegation that the defendants acted "in concert." Gailey advised Dawn to talk to the county attorney about these concerns. In determining an appropriate sanction, we have stated that [t]here is no standard sanction warranted by any particular type of misconduct. 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. In addition, OBriens Iowa law license was already inactive, having been indefinitely suspended last June for separate violations. Fisher later admitted he withdrew $615 of that retainer before performing any work on the case. We suspend Johnson's license to practice law in Iowa indefinitely with no possibility of reinstatement for one year. Sarah has successfully first-chaired bench and jury trials and has negotiated and mediated numerous cases. 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. B. Id. of Prof'l Ethics Conduct v. Thompson, 595 N.W.2d 132, 134 (Iowa 1999) (stating court not swayed by attorney's argument that his actions were those of a concerned father, not an attorney, and therefore should not be held to have reflected adversely on fitness to practice law). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Gerald Anthony Lyman MOOTHART, Respondent. Finally, if we find a violation, we will determine the appropriate sanction. 19-0911: State of Iowa v. Anthony Alexander Mong Filed Mar 24, 2023 View Opinion No. Click here for the Board's current informational brochure. State v. Vesey, 241 N.W.2d 888, 891 (Iowa 1976). 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. Free and independent journalism is what keeps our public servants accountable and responsive to the people. [t]here must be some rational connection other than the criminality of the act between the conduct and the actor's fitness to practice law. More:Owner of Des Moines metro taverns, pizzeria faces new charges, probation violation. 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. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. People always change their story just a little bit and it allows for some chance in the situation." :s@8[. "His behavior interfering with a represented party who had been deemed incapacitated by the court is disturbing, especially his continuation of the behavior after ordered to cease by the court.". As for aggravating circumstances, we agree that Johnson's pattern of misconduct is an aggravating factor. 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. v. Saunders, 919 N.W.2d 760, 764 (Iowa 2018). Most recently, he had been convicted of OWI third, a class D felony, and sentenced to an indeterminate five-year term. Id. No. Cases, Dockets and Filings in Iowa | Justia Dockets & Filings Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. Iowa R. Profl Conduct 32:8.4(a). The attorney has accepted responsibility and consents to a disciplinary suspension of between one year and eighteen months. The parties have stipulated to certain mitigating and aggravating factors. <>>> Charles L. Harrington, Elizabeth E. Quinlan, and Teresa A. Vens, Des Moines, for complainant. The Iowa Supreme Court begins its fall with decisions in three attorney discipline matters. . We also recognize in the case of expert witnesses, experts should receive reasonable compensation from an attorney for the expert's time in preparing and testifying at trial. We believe the best way to protect the public against a potential relapse is to place appropriate conditions on Johnson's reinstatement. misconduct by a convincing preponderance of the evidence." Iowa Sup. In addition to her complex litigation practice, Sarah serves as Dentons Davis Brown Co-General Counsel and Co-Chair of the Litigation Division. Defendant: City of Des Moines, Dana Wingert, John/Jane Doe #1 and others. That charge was dismissed due to the state's failure to file a timely trial information. 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. See Weaver, 812 N.W.2d at 1314 (detailing the defendant's history with substance abuse). v. Rhinehart, Iowa Supreme Court Attorney Disciplinary Bd. v. Bieber, Iowa Supreme Ct. Attorney Discip. 124.401(5). The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. According to the commission, Fisher now works for Wells Fargo as a strategic sourcing consultant. Within two weeks, he left the program by departing the facility on foot. Aggravating factors include a prior reprimand of Gailey for engaging in conduct involving dishonesty, fraud, deceit, and misrepresentation when he falsely advised an adverse party in a deposition that he had a tape recording of a prior conversation with that party. 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 Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. Contact. stream Law enforcement also found an orange prescription bottle with foil-wrapped candy that contained LSD. The attorney discipline case going before the Iowa Supreme Court could end that career permanently, as a panel of the Iowa Supreme Court Grievance Commission recommended that Leitner's license be permanently revoked, according to a letter it wrote to the court Jan. 19. {{ ! Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. 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. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. 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. Forkpa previously told the Iowa Capital Dispatch that she believes the criminal charge is unwarranted, and that "I know in my heart I would never do anything to hurt anyone.". He continued to drive and use controlled substances, even when he was under court orders directing him not to do so. The officers found an oxycodone pill inside a bottle labeled for an unrelated prescription; Johnson said he did not know it was in there. A trial information was filed in Polk County charging Johnson with possession of oxycodone and driving while revoked (the second Polk County case). We are bound by the parties stipulations of fact, but not by their stipulations as to ethical violations or recommended sanctions. 2. In recognition of this fact, we recently adopted a requirement that all Iowa attorneys complete one hour of continuing legal education annually in either diversity and inclusion or attorney wellness. Iowa Ct. R. 42.2(1). The board recommended the commission ask the court to suspend OBriens license for 18 months; the commission recommended a license revocation. Graen's Mens Wear, Inc. v. Stille-Pierce Agency, 329 N.W.2d 295, 300 (Iowa 1983). 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. Fee arbitration is an alternative method of resolving a fee dispute. Ct. Att'y Disciplinary Bd. See Iowa Sup. David Leitner, 67, has been a licensed Iowa attorney since 1979 and has run his own West Des Moines legal practice since 1988. 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. 2023 Iowa Judicial Branch. The Iowa Supreme Court Grievance Commission (commission) recommends a suspension of eighteen months. This is true even where the responding attorney admits the alleged conduct and the rule violations in the complaint. Johnson failed several field sobriety tests. In Stefani, the attorney initially pleaded guilty to possession of cocaine, a federal misdemeanor. On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). 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. E. Rule 32:8.4(c). Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. 4 0 obj engage in conduct involving dishonesty, fraud, deceit, or misrepresentation." 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. N. Johnson Completes Inpatient Substance Abuse Treatment. He was sentenced to fourteen days in jail with credit for time served. Ct. Att'y Disciplinary Bd. "While the commission panel recognizes the serious and extreme nature of revocation as a sanction to a long-standing member of the bar, it believes it is necessary to maintain the reputation of the bar, protect the public and the profession, and to deter other lawyers from committing similar misconduct," according to the commission's letter to the court. 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. Fisher is alleged to have committed 11 ethics violations with regard to his representation of Haylie Reiter in a 2016 child-custody case. No. All rights reserved. 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. at 88081 (We have held that under our code of professional responsibility, attorneys have special responsibilities to refrain from drug possession and possession of drug paraphernalia.). Another aggravating factor is a previous private admonishment for making an extrajudicial statement regarding a pending criminal matter concerning his two sons. Iowa Supreme Court Attorney Disciplinary Board, v. Wesley Alan Johnson If you change your mind about the legal matter, keep the lawyer informed. v. Nelson, 838 N.W.2d 528, 542 (Iowa 2013). In one matter, the court reduced a proposed 30-day suspension to a public reprimand. The Board may dismiss the complaint or impose a private admonition. 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. of Prof'l Ethics Conduct v. D'Angelo, 619 N.W.2d 333, 338 (Iowa 2000) (second quote)). the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. Accordingly, we give this charge no further consideration. Attorney wellness is defined as a separate, designated, and dedicated session of instruction designed to help attorneys detect, prevent, or respond to substance-related disorders or mental illness that impairs professional competence. Id. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. Justia US Law Case Law Iowa Case Law Iowa Supreme Court Decisions 2022 Iowa Supreme Court Attorney Disciplinary Board v. John Karl Fischer Iowa Supreme Court Attorney Disciplinary Board v. John Karl Fischer Annotate this Case. 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). See Iowa Sup. Johnson's first OWI conviction arose after he drove off the highway and onto a median; this dangerous situation could easily have resulted in personal injury or worse. ^H;KGrQbEjxod)}/>J After numerous sanctions, an Iowa lawyer faces disbarment The first type is a stipulation that admits facts, relieving a party from the inconvenience of proving the facts in the stipulation. at 1516. r. 42.1(7). We have inherent constitutional power to license and discipline attorneys within the State of Iowa. In 2018, attorney Allan M. Richards of Tama, who handles high-profile murder cases, applied for appointment to the Iowa Supreme Court. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. The disciplinary case marks the second time Fisher has been accused of ethics violations. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. 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. By offering Dawn a favorable dissolution settlement, Gailey violated rule 32:3.4(b), which forbids an attorney to offer an inducement to a witness that is prohibited by law. This in and of itself does not violate rule 32:3.4(b). In response to Dawn's question as to what the letter meant, Gailey explained to her he believed that if she were to testify that there was no permanent damage, physically or psychologically, the criminal charges against Denis would be lessened. The fact Gailey was helping his family is not an excuse. Following his discharge, the attorney did not report for supervision, and a warrant was issued for his arrest. The letter is entitled "My Last Plea for Your Help." To proceed, please click Accept. F$!|GWL+P)JOr7]G$QLg+:hhJg&hp^UDJ_-e}pjtF(Vb3aku3%V#wbEcc_R" Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. [A]n attorney who commits a criminal act reflecting adversely on his or her fitness as a lawyer may be found to have violated rule 32:8.4(b) even if the authorities never charged the attorney with a crime. Iowa Sup. 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. PDF Before the Board of Medical Examiners of The State of Iowa