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. Write to your lawyer and ask for a written explanation. 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. We have the authority to discipline an attorney who is convicted of a misdemeanor that violates the rules of professional conduct. During that time, he has been privately admonished on at least seven occasions for various offenses, including client neglect and failure to communicate with clients, and he was publicly reprimanded in 2017 for neglecting a clients case. Iowa Supreme Ct. Att'y Disciplinary Bd. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. A secretary who answered the phone at his former law office in January said that OBrien was retired and no longer practicing law. Such testimony will be under oath and you will be subject to cross-examination. Assistant Attorney General, Hoover State Office Building 2nd Floor, Iowa 3 Attorney General's Office, 1305 E. Walnut St., Des Moines, Iowa 50319; or via email to katie.carl@ag.iowa.gov. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. In determining an appropriate sanction, we have stated that [t]here is no standard sanction warranted by any particular type of misconduct. 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. 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. 19-0911: State of Iowa v. Anthony Alexander Mong Filed Mar 24, 2023 View Opinion No. David Leitner, 67, has been a licensed Iowa attorney since 1979 and has run his own West Des Moines legal practice since 1988. The language of rule 32:4.2(a) is substantially similar to our prior disciplinary rule, DR 7-104(A)(1). 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. Daniels' attorney did not return a message seeking comment on the suit. Dawn reviewed a copy of the letter from Denis and asked Gailey what the letter meant. The commission also considered Fishers representation of a married couple in a parental rights case. 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. In re Marriage of Heiar. During that same month of May 2021, Johnson was admitted to an inpatient facility in Clarinda for treatment of his substance abuse. On January 30, 2020, Johnson was arrested after driving his vehicle into the median on US Highway 30 in Boone County. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. Id. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 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. Remarkably, two of the sanctioned attorneys were admitted in 2017. Ct. Att'y Disciplinary Bd. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. A shortage of nursing homes with memory care units has left Linnea Clausen with no choice but to drive hours just to visit her husband. at 553. . . Sometimes lawyers handle money for clients. Under Iowa law, the court's Attorney Discipline Board investigates allegations against attorneys and brings substantiated complaints before the Grievance Commission, made up of lawyers and laypeople from across the state. 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. at 881. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Templeton, 784 N.W.2d at 767 (quoting In re Conduct of White, 311 Or. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. The discipline board first filed its complaint against Leitner in March, according to court filings. 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. Rule 32:8.4(d) provides that "[i]t is professional misconduct for a lawyer to . The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 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. We have not followed that course of action in the past. G. Guilty Plea in the First Polk County Case. The Iowa Judicial Building. 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. After a longtime client was convicted of bankruptcy fraud and ordered to repay "a significant amount of money" to the federal government, Leitner created a new business entity, allegedly with Leitner as its sole employee, to allow the client to continue working as a seed dealer without having his wages garnished to repay his debts. v. Howe, 706 N.W.2d 360, 373 (Iowa 2005)). The Iowa Supreme Court Attorney Disciplinary Board charged attorney Tarek A. Khowassah with violating the rule of professional conduct pertaining to criminal acts. The Boards jurisdiction extends to the attorneys license alone. For subscribers: 'Call lights not being answered for hours': Iowa nursing homes can't find staff to stay open. Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. All rights reserved. This resulted in the attorney's arrest, revocation of his parole, and a conviction for third-degree harassment. Wesley Johnson became a licensed Iowa attorney in 2008. In Stefani, the attorney initially pleaded guilty to possession of cocaine, a federal misdemeanor. People always change their story just a little bit and it allows for some chance in the situation." The temperature overnight had dipped as low as 7 below zero. In Weaver, the attorney had a longstanding problem with alcohol abuse and a long list of past disciplinary and legal problems. 812 N.W.2d at 15. He maintained a general practice in Ogden that included, among other things, the defense of criminal cases. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. 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. When she called for an update a month later, the then-director of nursing asked her "do you really want to come back" but refused to explain what she meant. Clarity provides guidance on this point. Id. v. Templeton, 784 N.W.2d 761, 769 (Iowa 2010). at 652. For all these reasons, we find that Johnson violated rule 32:8.4(b). Charles L. Harrington, Elizabeth E. Quinlan, and Teresa A. Vens, Des Moines, for complainant. She also was not fired. Guilty Plea in the Second Polk County Case. Dawn's attorney did not give Gailey permission to contact Dawn. Iowa Constitution - The constitution of the state of Iowa. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. 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. Get a free directory profile listing In considering our precedents, we find a suspension of three years the appropriate sanction in this case, the court ruled. at 66263. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d, A stipulation of facts is binding on the parties. 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). After 11 prior disciplinary cases, a criminal conviction for fraud and his retirement from practicing law, a western Iowa attorneys law license has been suspended by the Iowa Supreme Court. 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. 124.401(5) (2021). At the meeting, Gailey provided Dawn with a letter from Denis. We do believe, however, Gailey's conduct went farther than just explaining the consequence of Dawn's testimony. Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. 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). 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. v. Bieber, Iowa Supreme Ct. Attorney Discip. <> We concur with the assessment of the parties and the commission that this case does not warrant as severe a sanction as Weaver. 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. Please see our republishing guidelines for use of photos and graphics. His attitude toward treatment was defiant. One week later, Johnson resolved the Dallas County case by pleading guilty to possession of methamphetamine. It is outside the well-understood norms and conventions of the practice of law for a lawyer to aid and abet the violation of a no-contact order or offer a witness an inducement to testify that is prohibited by law. . We will discuss each allegation separately. We have inherent constitutional power to license and discipline attorneys within the State of Iowa. See Iowa Ct. R. 35.10. By the time of our decision, the attorney had been under a disability suspension for about seventeen months. In addition, OBriens Iowa law license was already inactive, having been indefinitely suspended last June for separate violations. This in and of itself does not violate rule 32:3.4(b). The only difference between Daniels and the prior day's workers and duty nurse, she alleges, is that Daniels is black and the other employees are white. r. 34.17(7). Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. The stipulation acknowledged Gailey did not ask Dawn to lie or change her testimony. In its complaint, the board alleged Gailey's conduct violated the following Iowa Rules of Professional Conduct: 32:3.4(b), 32:4.2(a), 32:8.4(a), 32:8.4(b), 32:8.4(c), and 32:8.4(d). You will now be taken from the global Dentons website to the $redirectingsite website. 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. On December 21, 2018, Capotosto and the Iowa Supreme Court Attorney Disciplinary Board jointly filed a stipulation of facts and rule violations. Id. Also, Johnson repeatedly used his vehicle after his driver's license had been revoked.1 He unlawfully possessed controlled substances multiple times. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. $|oxr," !A Sarah helps businesses with complex business and real estate litigation. The commission considered the matter on the basis of the parties stipulation without further submission or hearing. 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). Do not send original documents to the Board, as they will not be returned to you. On April 26 the criminal court entered a no-contact order requiring Denis to have no contact with Dawn. He has won numerous state and national awards for reporting and editorial writing. On May 10, Johnson resolved the second Polk County case by pleading guilty to possession of oxycodone. Rule 32:8.4(a) states that "[i]t is professional misconduct for a lawyer to . Iowa Supreme Ct. Att'y Disciplinary Bd. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. The disciplinary case marks the second time Fisher has been accused of ethics violations. The email address cannot be subscribed. endobj Fisher publicly responded to the negative review, stating: You havent paid me in over six months. Johnson entered that program in August 2021 and successfully completed it in April 2022. Stay up-to-date with how the law affects your life. 2023 www.desmoinesregister.com. This Disciplinary Proceeding. However, criminal or fraudulent conduct may be subject to discipline. A complainant need not be a US citizen. Johnson then continued to drive under the influence, resulting in a second OWI arrest and conviction just months later. 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. 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. ^H;KGrQbEjxod)}/>J Templeton, 784 N.W.2d at 768 (quoting Iowa Supreme Ct. Att'y Disciplinary Bd. Free and independent journalism is what keeps our public servants accountable and responsive to the people. HH `hsPbj(Q6+_>0j{EY! &J(Xn+Lxv%]@ Id. See Newport, 955 N.W.2d at 185 (finding a pattern of similar misconduct to be aggravating). 321J.2. 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. Part of the conversation between Gailey and Dawn also related to her concerns about the prosecutor asking her daughter to testify at trial. Criminal conduct outside of an attorney's law practice can certainly be a basis for sanctions, but context is relevant. State v. Vesey, 241 N.W.2d 888, 891 (Iowa 1976). William Morris covers courts for the Des Moines Register. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Gerald Anthony Lyman MOOTHART, Respondent. 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. Despite that, we try to achieve consistency with our prior cases when determining the proper sanction. Templeton, 784 N.W.2d at 769. . John Gailey is a seventy-four-year-old attorney, practicing law for forty-five years in Iowa. No. %PDF-1.5 Johnson's criminal convictions came to the attention of the Board. 22-2003: Iowa Supreme Court Attorney Disciplinary Board v. Scott A. Johnson Filed Mar 31, 2023 View Opinion No. B. Accordingly, offering Dawn a favorable dissolution settlement is an inducement prohibited by law and a violation of rule 32:3.4(b). 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. He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. 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. See id. The Board has prepared a booklet to help you choose and work well with a lawyer. So are his cooperation with the Board and acceptance of responsibility. The Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Lynne Harriet Stewart, 77, was found Jan. 21, 2022, unresponsive and with "ice freezing on her" outside the memory care unit where she lived: Courtyard Estates at Hawthorne Crossing. Iowa R. Prof'l Conduct 32:4.2(a). See Iowa Ct. R. 35.10. 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! In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. Leitner responded only that the "investigation is ongoing" and refused to identify what damages McFadden and his businesses purportedly suffered. Iowa Code - FindLaw's hosted version of the state code of Iowa. 321J.21. 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. at 1516. See Iowa Code 124.401(5) (2020); id. at 300. After the client left a negative review of Fisher online, Fisher responded, including specific information about Halletts outstanding balance with his law office. at 8. Cause Of Action: 42 U.S.C. Charles L. Harrington and Amanda K. Robinson, for complainant. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. Please see our republishing guidelines for use of photos and graphics. Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. See Iowa Ct. R. 35.12(2). Ask your lawyer what to expect. She is accusing Courtyard Estates, its parent company Jaybird Senior Living, and two supervisors of racial discrimination in her termination. The Iowa Judicial Building. Id. Sarah has a broad range of clients including insurance companies, banks and financial institutions, commercial property owners, individual property owners, product designers and manufacturers, and employers. v. McCarthy, 814 N.W.2d 596, 601 (Iowa 2012). As for aggravating circumstances, we agree that Johnson's pattern of misconduct is an aggravating factor. Even in the wake of earlier failures, attorneys should receive credit for addressing their substance abuse issues. "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. On review of the report of the Iowa Supreme Court Grievance Commission. The Board is not funded by the taxpayers of Iowa. Krull paid OBrien $2,750 as a retainer. Iowa Sup. He was sentenced to fourteen days in jail with credit for time served. Id. 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. 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). If the high court agrees with the commission's recommendation, or even chooses to impose a shorter-term suspension of Leitner's license, it would mean he would have to step away from any pending cases, including those involving McFadden. . We give weight to the commission's findings, but its findings do not bind us. The Rules of Professional Conduct (located at Chapter 32 of the Iowa Court Rules) set forth numerous ethics requirements that apply to all aspects of attorneys practice, from client confidentiality to trial conduct. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. The attorney went to jail. Rule 32:4.2(a) provides: Iowa R. Prof'l Conduct 32:4.2(a). 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. E. The Jasper County Case. However, we are not bound to enforce these stipulations if they are unreasonable, against good morals, or contrary to sound public policy. We disagree. N. Johnson Completes Inpatient Substance Abuse Treatment. When she did finally see the alert, Daniels says, she "followed protocol" and responded to the pending door alarm, leading to Stewart's discovery. at 8, 1415. The parties to a disciplinary proceeding cannot substitute their judgment as to what conduct constitutes a violation of our ethical rules or what sanction we should impose for such a violation. 2001). 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. Fee arbitration is an alternative method of resolving a fee dispute. Iowas congressional candidates answer questions on, Governor's agenda skates past first legislative 'funnel', Restaurant inspection update: Sewage, rodent carcasses, mold. 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. In addition to her complex litigation practice, Sarah serves as Dentons Davis Brown Co-General Counsel and Co-Chair of the Litigation Division. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. JOHNSON. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. You may or may not be called on by an investigator. 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. on Prof'l Ethics Conduct v. Hoffman, 402 N.W.2d 449, 451 (Iowa 1987) (holding lawyer's writing nine intemperate letters, some to persons known to be represented by counsel, warranted public reprimand). Furthermore, the misconduct here does not include a felony conviction or a conviction for harassment. Iowa R. Profl Conduct 32:8.4(b). We won! The commission found that Fisher rarely returned phone calls or text messages and generally made himself inaccessible both to his client and opposing counsel in the case. Christopher A. Clausen of Moothart & Clausen Law Office, Ames, for respondent. Gailey must comply with Iowa Court Rule 35.22 dealing with notification of clients and counsel. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Board's jurisdiction. Mr. Sporer will bring the ability to impact the law to your case even when the existing law is against you. The Boone County Case. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. We later overruled Johnson in part. All rights reserved. The parties have stipulated to certain mitigating and aggravating factors. See Iowa Sup. Upon learning of this kidnapping, Gailey advised the authorities of Denis's actions. Please try again. 321J.2; id. Not all criminal convictions violate rule 32:8.4(b). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. A third case involved Fishers representation of an Iowa man in several custody and domestic abuse cases. The Board may dismiss the complaint or impose a private admonition. In an inheritance dispute involving a woman judged not competent to manage her affairs, Leitner continued meeting with the woman despite repeated instructions from the court and her court-appointed guardian to desist, and filed a lawsuit purportedly on her behalf against her guardian that resulted in sanctions for disregarding the court's orders. Sarah speaks at Davis Brown client seminars and local conferences. of Prof'l Ethics Conduct v. Honken, 688 N.W.2d 812, 820 (Iowa 2004) (alteration in original) (quoting Comm. He violated probation repeatedly. Iowa Capital Dispatch maintains editorial independence. Iowa Supreme Ct. Att'y Disciplinary Bd. Her unparalleled work ethic and calm practicality help her obtain positive outcomes for her clients. Iowa Attorney Disciplinary Bd. A search found controlled substances in Johnson's vehicle, including methamphetamine and hydrocodone. 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. violate or attempt to violate the Iowa Rules of Professional Conduct." 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. (Photo courtesy of Iowa Judicial Branch). Follow Iowa Capital Dispatch on Facebook and Twitter. Eventually, the attorney was sentenced in federal court on a second conviction for possession of cocaine. We also pointed out that the attorney had delayed in seeking alcoholism treatment in violation of a court order, although by the time of the hearing he was engaged in rehabilitative efforts. Id. Ct. Att'y Disciplinary Bd. at 14. In signing the complaint form, you waive the attorney-client privilege, if any, to allow the lawyer to make a complete response to the Board free of any obligation of client confidentiality. The fact Gailey was helping his family is not an excuse. Require a lawyer to return money or property to a client. F. The Second Polk County Case. zOkI b`rWa5"d]R_L/({G?h4nM]]50zaIQco;WoVm/zkRB6P(}I!<7x zW ^Ku r. 36.24(1). Sue a lawyer for careless work, or do work a lawyer failed to do. Jaybird Senior Living does not yet have an attorney listed representing it, and a message to the company about the suit also was not returned. 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. LICENSE SUSPENDED. Iowans value integrity in their government. Ct. Att'y Disciplinary Bd. If you change your mind about the legal matter, keep the lawyer informed. The most recent complaint against OBrien involved his representation of Damon Krull of Woodbury County in a 2019 child-custody dispute. Although McFadden's cases aren't part of the Grievance Commission's case, court records show Leitner has run into difficulty there as well. 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.
