Gailey's disrespect for a court order leads us to the conclusion that an attorney who cannot respect a lawful order of the court lacks the required fitness to practice law. He continued to use cocaine prior to sentencing, and as a result, was ordered to serve three months incarceration followed by three years probation. 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. It is interesting to me how this review shows up online immediately when I inform you I will have to collect against your remaining case balance of $4,580.00., The Grievance Commission said it appeared Fisher put very little effort into Reiters case. In addition, OBriens Iowa law license was already inactive, having been indefinitely suspended last June for separate violations. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. 2 0 obj Give documents and information to your lawyer promptly. N. Johnson Completes Inpatient Substance Abuse Treatment. . Case No. This is true even where the responding attorney admits the alleged conduct and the rule violations in the complaint. 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. endobj These separate incidents occurred less than four months after we reinstated his license following his second OWI conviction. Sarah helps businesses with complex business and real estate litigation. A stipulation of facts by the parties is binding on the parties. 22-2003: Iowa Supreme Court Attorney Disciplinary Board v. Scott A. Johnson Filed Mar 31, 2023 View Opinion No. William Morris covers courts for the Des Moines Register. While both the Boone County case and the first Polk County case were still outstanding and unresolved, Johnson was pulled over on September 4 for a traffic stop on Raccoon River Drive in Dallas County. v. D'Angela, 710 N.W.2d 226, 230 (Iowa 2006) (quoting Iowa Supreme Ct. Bd. 10/21/20. 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 created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct. Court records indicate OBrien has been licensed to practice law in Iowa since 1996. 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. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. C. The Dallas County Case. The license suspension may have little practical effect on OBrien. Krull paid OBrien $2,750 as a retainer. O. Iowa R. Profl Conduct 32:8.4(a). Although McFadden's cases aren't part of the Grievance Commission's case, court records show Leitner has run into difficulty there as well. All Rights Reserved. The second is the Grievance Commission. threatened litigation on McFadden's behalf, Owner of Des Moines metro taverns, pizzeria faces new charges, probation violation, Your California Privacy Rights / Privacy Policy. See Iowa Sup. r. 42.1(7). 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. The commission noted that during his disciplinary hearing, Fisher displayed conduct antithetical to any acceptance of wrongdoing and had even cross-examined one former client about her past occupation as a stripper. the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. In an attorney disciplinary action, the grievance commission recommends six-month suspension for the attorney's violation of rules of professional conduct. Complaints about lawyers not paying bills are resolved in the courts of Iowa. Attorneys cannot ignore a ruling of a tribunal made in the course of a proceeding. 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). Therefore, we find Gailey violated rule 32:8.4(b). Thus, we find Gailey's conduct violated rule 32:8.4(d). U.S. 8th Cir. Guilty Plea in the Second Polk County Case. Leitner, in court filings, has accused the defendants of withholding answers to McFadden's questions. In 2020 and 2021, Johnson became a criminal defendant himself on five separate occasions. The first type is a stipulation that admits facts, relieving a party from the inconvenience of proving the facts in the stipulation. violate or attempt to violate the Iowa Rules of Professional Conduct." 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. His son, Denis, told Gailey the state planned to charge Denis with sexual abuse of his stepdaughter. Plaintiff: Jessica Laurie. The Iowa Supreme Court Attorney Disciplinary Board first learned of UpRight Law when a complainant said she called the bankruptcy firm in March 2019. That charge was dismissed due to the state's failure to file a timely trial information. Estate of Fields v. Iowa Attorney Disciplinary Bd. The Iowa Supreme Court Attorney Disciplinary Board (Board) petitioned to have Johnson's law license temporarily suspended due to a disability that prevented him from discharging the professional responsibilities associated with the practice of law. In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. G. Guilty Plea in the First Polk County Case. Counsel represented her in the dissolution matter. Iowa Courts. 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. Hauser, 782 N.W.2d 147, 149 (Iowa 2010). Sarah has successfully first-chaired bench and jury trials and has negotiated and mediated numerous cases. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d 801 (Iowa 2010), we recently had occasion to interpret this rule. 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. Yet a key consideration is that Johnson's misconduct was not limited to possession offenses. We have the authority to discipline an attorney who is convicted of a misdemeanor that violates the rules of professional conduct. Part of the conversation between Gailey and Dawn also related to her concerns about the prosecutor asking her daughter to testify at trial. The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. 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.). Seized, 501 N.W.2d 482, 485 (Iowa 1993). Denis was arrested and the state charged him with kidnapping. Attorney Advertising. 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. On May 7 Gailey filed an appearance on behalf of his son in the dissolution matter. at 663 (starting the disciplinary suspension on the date of release of our opinion); Weaver, 812 N.W.2d at 16 (same). Absent an objection by the board and under the condition that Gailey has paid all costs assessed under rule 35.26, we shall reinstate Gailey's license to practice law on the day after the sixty-day suspension period expires. A complaint form (available below). 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. As we have noted, the parties stipulated to a suspension of twelve to eighteen months, and the commission recommended an eighteen-month suspension. Here, Gailey offered Dawn a favorable dissolution settlement as an inducement for her to testify in a certain way. The Iowa Supreme Court Attorney Disciplinary Board charged attorney Tarek A. Khowassah with violating the rule of professional conduct pertaining to criminal acts. If Gailey requested Dawn to refrain from giving favorable testimony to the state in the criminal matter involving Denis, Gailey violated rule 32:3.4(b). The Iowa Judicial Building. )M*) vk"Ob! County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. As to sanction, the Board and Johnson stipulated that Johnson should have his law license suspended for twelve to eighteen months. Here, Gailey had knowledge of his son's intent to violate the no-contact order by having the letter delivered to Dawn. & New Hampshire Ins. 2023 Iowa Judicial Branch. Leitner responded only that the "investigation is ongoing" and refused to identify what damages McFadden and his businesses purportedly suffered. She has recently and successfully represented: 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. 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. 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 . The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. Denis violated the no-contact order by having his father deliver the letter to Dawn. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Johnson's struggles with substance abuse are, unfortunately, not a unique occurrence. According to the commission, Fisher now works for Wells Fargo as a strategic sourcing consultant. See Iowa Ct. R. 35.12(2). 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. The language of rule 32:4.2(a) is substantially similar to our prior disciplinary rule, DR 7-104(A)(1). On September 19, 2022, we approved an amendment to rule 34:23(1) providing that [t]he suspension period will start ten days from the date of the order unless the order states otherwise. Thus, Johnson's suspension will commence ten days from the date of this decision. The court acquitted Gailey of the charge of suborning perjury, but found him guilty of aiding and abetting a violation of a no-contact order, a simple misdemeanor. In lawsuits, disputes about the facts are resolved by the courts. 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. 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. Throughout the process, you can count on us to stay in close communication with you. Templeton, 784 N.W.2d at 767 (quoting In re Conduct of White, 311 Or. 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. This Disciplinary Proceeding. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Mr. Sporer will bring the ability to impact the law to your case even when the existing law is against you. Ct. Att'y Disciplinary Bd. Leitner also has sued nearly a dozen people for allegedly defamatory online comments about McFadden, and threatened litigation on McFadden's behalf against other business owners who have spoken publicly about him. Records showed the door alarm had been activated continuously from 9:34 p.m. to 6:12 a.m., although at least one worker claimed she'd seen Stewart still inside when her shift ended at 10. "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.". Sometimes lawyers handle money for clients. A search found controlled substances in Johnson's vehicle, including methamphetamine and hydrocodone. After the client left a negative review of Fisher online, Fisher responded, including specific information about Halletts outstanding balance with his law office. $|oxr," !A Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. On these facts, we suspended the attorney's law license with no possibility of reinstatement for two years. Johnson entered that program in August 2021 and successfully completed it in April 2022. The Boone County Case. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 616 N.W.2d at 552. 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. 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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. In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. B. Make sure you have an agreement about your lawyers fees, in writing if possible. 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. 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. 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. The Board is not funded by the taxpayers of Iowa. Iowa Legal Research Laws. 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. Follow Iowa Capital Dispatch on Facebook and Twitter. Clarity provides guidance on this point. Law enforcement also found an orange prescription bottle with foil-wrapped candy that contained LSD. Thus, even in Johnson, we viewed whether the criminal act occurred in connection with the attorney's law practice as relevant to the sanction. This suspension applies to all facets of the practice of law. of Prof'l Ethics Conduct v. D'Angelo, 619 N.W.2d 333, 338 (Iowa 2000) (second quote)). This could result in a public reprimand or a Court order suspending or revoking the lawyers license. Fisher later admitted he withdrew $615 of that retainer before performing any work on the case. D. Guilty Plea in the Boone County Case. Please see our republishing guidelines for use of photos and graphics. Violations must be proved by a convincing preponderance of the evidence. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. {{ ! (Photo courtesy of Iowa Judicial Branch). The Iowa Supreme Court Attorney Disciplinary Board charged attorney James Van Ginkel with multiple violations of our disciplinary rules in connection with the probate and closing of the estate of John Oxley. 22-2003 Case No. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. v. Howe, 706 N.W.2d 360, 373 (Iowa 2005)). The commission viewed the disability suspension and the disciplinary sanction as two separate and severable matters. Our prior rule stated: Iowa Code of Prof'l Responsibility DR 7-104(A)(1). Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. DEIJ Policy | Ethics Policy | Privacy Policy. Write to your lawyer and ask for a written explanation. . The court rejected aggravation based on prior discipline Id. 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. 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. See Iowa Ct. R. 36.16(2)(3). r. 34.17(7). 2 Geoffrey C. Hazard, Jr. et al., The Law of Lawyering 30.6, at 30-10 (3d ed. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. Iowa Administrative Code - The Administrative Code of Iowa. Iowans value integrity in their government. engage in conduct that is prejudicial to the administration of justice." On the possession count, Johnson received a concurrent 180-day sentence with all but one day suspended, to run concurrent with the OWI sentence. 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. Id. If you do not get a satisfactory reply, you may file a complaint. At the meeting, Gailey provided Dawn with a letter from Denis. For a criminal act to constitute a violation of rule 32:8.4(b). The Iowa Supreme Court Attorney Disciplinary Board (Board) alleged that William W. Ranniger violated Iowa Rule of Professional Conduct 32:1.8 (a) by entering improper business transactions with a client and rule 32:1.8 (c) by preparing a will that included a gift to Ranniger's son. 2001). Within two months, Johnson once again found himself in legal trouble. Defendant: City of Des Moines, Dana Wingert, John/Jane Doe #1 and others. We are bound by the parties stipulations of fact, but not by their stipulations as to ethical violations or recommended sanctions. 19-0911 Case No. These criminal charges proceeded to trial. . The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. 321J.21. Fisher abandoned his clients at their greatest time of need, the commission found. booklet to help you choose and work well with a lawyer. v. Taylor, 887 N.W.2d 369, 378 (Iowa 2016). Please see our republishing guidelines for use of photos and graphics. Johnson's prior missteps have already been accounted for as ethical violations. In Iowa Supreme Court Attorney Disciplinary Board v. Adams, we found a violation of rule 32:1.3 established when an attorney failed to comply with appellate deadlines, failed to file a written plea in advance of a client's arraignment, and then failed to appear at the arraignment itself. 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) Co. v. Jimenez, Iowa Supreme Court Attorney Disciplinary Bd. On the OWI count, Johnson was sentenced to four days in the Boone County Jail with credit for time served. Cornm. dennis.tibben@iowa.gov, or Assistant Attorney General Katie Carl at 515-281-6661 . On May 10, Johnson resolved the second Polk County case by pleading guilty to possession of oxycodone. What are the unpredictable factors? Rule 32:3.4(b) provides that "[a] lawyer shall not falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law." More information about the complaint process is available here. Id. 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. Iowa Supreme Ct. Att'y Disciplinary Bd. Just four days after the Jasper County arrest, Johnson was apprehended by Altoona police on February 17 for driving under revocation. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects." Costs of this action are taxed to Gailey pursuant to Iowa Court Rule 35.26. Stay up-to-date with how the law affects your life. In Stefani, the attorney initially pleaded guilty to possession of cocaine, a federal misdemeanor. We have previously held that we will not consider a violation of rule 32:8.4(a) as a separate violation for purposes of determining an attorney's sanction. E. Rule 32:8.4(c). In an attorney disciplinary action, the grievance commission recommends thirty-day suspension for attorney's violation of conflict of interest rules. Most complaints are filed by clients, but this is not a requirement. Within two weeks, he left the program by departing the facility on foot. 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." on Prof I Ethics Conduct v. Gartin, 272 N.W.2d 485, 487 (Iowa 1978). . Johnson failed several field sobriety tests. Remarkably, two of the sanctioned attorneys were admitted in 2017. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against Watkins on December 18, 2018. On February 13, 2021, a state trooper stopped Johnson on Interstate 80 in Jasper County because he was driving under revocation. The email address cannot be subscribed. v. Olson. Gailey contacted the county attorney and advised her that he would voluntarily surrender Denis to the authorities and arrange for Denis's bail. Despite that, we try to achieve consistency with our prior cases when determining the proper sanction. Templeton, 784 N.W.2d at 769. When she did finally see the alert, Daniels says, she "followed protocol" and responded to the pending door alarm, leading to Stewart's discovery. ). Dawn reviewed a copy of the letter from Denis and asked Gailey what the letter meant. A contested case hearing shall be held in this matter before the . The temperature overnight had dipped as low as 7 below zero. 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). OBrien, the Supreme Court said in Fridays decision, ghosted Krull and attempted to put on an invisibility cloak.. v. Bieber, Iowa Supreme Ct. Attorney Discip. 1 0 obj See Templeton, 784 N.W.2d at 76869. Iowans value integrity in their government. 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. Id. *\. The commission wrote that Leitner's actions "could be criminal" but were "certainly" fraudulent and dishonest. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. In a divorce case, Leitner secretly inserted new language in an agreement without notifying the opposing attorney, actions the judge in that case found showed "an intent to deceive." 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. . 21-0696 v. Sears, 933 N.W.2d 214, 221 (Iowa 2019) (alteration in original) (quoting Iowa Sup. On June 29, while still representing Denis in the dissolution matter, Gailey met with Dawn. Ct. Att'y Disciplinary Bd. Please click Confirm below to continue. The court found that while there were several aggravating factors to consider in the case, there were no mitigating factors that would suggest leniency was in order. He continued to drive and use controlled substances, even when he was under court orders directing him not to do so. The fact Gailey was helping his family is not an excuse. A trial information was filed in Jasper County charging Johnson with driving while revoked and possession of methamphetamine first offense (the Jasper County case). In fact, Daniels, who like Forkpa is Black, says the two are the only two employees to be fired over Stewart's death, and that other, white employees were more culpable but did not face the same discipline. Gailey was convicted of aiding and abetting a violation of a no-contact order in violation of Iowa Code sections 664A.7 and 703.1, a simple misdemeanor. In re Marriage of Briddle, 756 N.W.2d 35, 39-40 (Iowa 2008). The commission recommended an eighteen-month suspension, at the high end of the parties stipulation, to commence only after Johnson's disability suspension had been lifted.

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