Iowa Supreme Ct. Att'y Disciplinary Bd. Make your practice more effective and efficient with Casetexts legal research suite. The Supreme Court of Iowa On January 30, 2020, Johnson was arrested after driving his vehicle into the median on US Highway 30 in Boone County. Stay up-to-date with how the law affects your life. Make sure you have an agreement about your lawyers fees, in writing if possible. Leitner responded only that the "investigation is ongoing" and refused to identify what damages McFadden and his businesses purportedly suffered. at 651. 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. On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, vs. ANDREW GATTON AEILTS, Appellant. Johnson failed several field sobriety tests. 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. Arrange for another lawyer to be appointed to represent the client. However, this case is more serious than merely communicating with an adverse party, given our finding that Gailey aided and abetted his son in violating the no-contact order and offered Dawn an inducement to testify that is prohibited by law. The second type is a stipulation that amounts to a concession of an issue in the litigation. Johnson's criminal convictions came to the attention of the Board. v. D'Angela, 710 N.W.2d 226, 230 (Iowa 2006) (quoting Iowa Supreme Ct. Bd. The conduct of an attorney helping another person violate a court order evidences the attorney's disrespect for a lawful order of the court. endobj APPEL, Justice. F. The Second Polk County Case. We also find those precedents to be relevant. Iowans value integrity in their government. How frequently and by what means will we communicate? Iowa Sup. Court records indicate OBrien has been licensed to practice law in Iowa since 1996. 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. 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. Accordingly, to allow the parties to make these determinations is against the public policy surrounding our attorney disciplinary system. Id. 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. The commission viewed the disability suspension and the disciplinary sanction as two separate and severable matters. The Board cannot impose fines, imprison an attorney, obtain a financial settlement or reduction of fees, or change the outcome of a civil or criminal case. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. Fisher later admitted he withdrew $615 of that retainer before performing any work on the case. In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. Iowa Ct. R. 35.10(2). Fee arbitration is an alternative method of resolving a fee dispute. 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. 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. At the meeting, Gailey provided Dawn with a letter from Denis. Rule 32:8.4(c) states that "[i]t is professional misconduct for a lawyer to . Ct. Att'y Disciplinary Bd. For subscribers: 'Call lights not being answered for hours': Iowa nursing homes can't find staff to stay open. As we have noted, the parties stipulated to a suspension of twelve to eighteen months, and the commission recommended an eighteen-month suspension. 1. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. . The Iowa Judicial Building. v. Joy, 728 N.W.2d 806, 813 (Iowa 2007). 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. However, we are not bound to enforce these stipulations if they are unreasonable, against good morals, or contrary to sound public policy. 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. Also, when we determined the appropriate sanction in Johnson, we noted that there was no evidence presented that indicated Johnson neglected or injured any of his clients by his drinking. 774 N.W.2d at 500. Discipline or remove an employee for conduct that violates the judicial branch code of employee ethics. The commission considered the matter on the basis of the parties stipulation without further submission or hearing. Id., cmt. A representative of the facility reported that Johnson had struggled with motivation and really minimize[d] his use, which he didn't see as a problem. Probation violation reports were filed. Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. at 881. Rule 32:8.4(b) applies to those criminal acts that reflect[] adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). [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. . We are bound by the parties stipulations of fact, but not by their stipulations as to ethical violations or recommended sanctions. Attorneys before the Iowa Attorney Disciplinary Board A client in an administrative proceeding related to a multi-billion-dollar government contract procurement Her wide array of litigation experience has allowed her to represent clients in administrative hearings, district court hearings and jury trials, as well as appellate proceedings. He was sentenced to fourteen days in jail with credit for time served. A contested case hearing shall be held in this matter before the . He was sentenced to ten days incarceration with credit for seven days served. 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. 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. Eventually, the attorney was sentenced in federal court on a second conviction for possession of cocaine. 20-0313. 2 0 obj 124.401(5); id. 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. This website and its publications are not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content. 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. We have recognized there are two types of stipulations that a tribunal may use in litigated matters. These criminal charges proceeded to trial. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. The disciplinary case marks the second time Fisher has been accused of ethics violations. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. at 663 (starting the disciplinary suspension on the date of release of our opinion); Weaver, 812 N.W.2d at 16 (same). 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 was only convicted once of driving while under revocation, but the stipulated record indicates that he did so on three occasions. the Board has authority to take disciplinary action against . stream IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. Iowa Atty. Disciplinary Bd. v. Gailey - casetext.com To proceed, please click Accept. 19-0985. Thus, even in Johnson, we viewed whether the criminal act occurred in connection with the attorney's law practice as relevant to the sanction. On the other hand, all of his offenses were misdemeanors, and all were related to Johnson's ongoing battle with substance abuse. 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)). 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. 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. of Prof'l Ethics Conduct v. D'Angelo, 619 N.W.2d 333, 338 (Iowa 2000) (second quote)). Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. v. Akpan, 951 N.W.2d 440, 45657 (Iowa 2020) (stating a lack of prior discipline is a mitigating circumstance). v. Aeilts, Iowa Supreme Court Attorney Disciplinary Bd. Attorney Discipline | Iowa Judicial Branch 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. This case stands out in several respects. Those charges stemmed from his failure to file Iowa income tax returns. v. McCarthy, 814 N.W.2d 596, 601 (Iowa 2012). misconduct by a convincing preponderance of the evidence." Iowa Sup. After 11 disciplinary cases and his retirement, lawyer's license is However, criminal or fraudulent conduct may be subject to discipline. In re Marriage of Heiar. The Grievance Commission of the Supreme Court of Iowa found Khowassah violated the rule and recommended a one-year suspension. Topeka, KS 66603-3729. He continued to drive and use controlled substances, even when he was under court orders directing him not to do so. Id. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. IA Supreme Court Opinions and Cases | FindLaw Most complaints are filed by clients, but this is not a requirement. <>>> Pertinent considerations include the lawyer's mental state; the extent to which the act demonstrates disrespect for the law or law enforcement; the presence or absence of a victim; the extent of actual or potential injury to a victim; and the presence or absence of a pattern of criminal conduct. So are his cooperation with the Board and acceptance of responsibility. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against Watkins on December 18, 2018. 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. A trial information was filed in Jasper County charging Johnson with driving while revoked and possession of methamphetamine first offense (the Jasper County case). The commission also considered Fishers representation of a married couple in a parental rights case. 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 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. at 78. Denis violated the no-contact order by having his father deliver the letter to Dawn. 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. r. 36.24(1). 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