See Templeton, 784 N.W.2d at 76869. The disciplinary case marks the second time Fisher has been accused of ethics violations. 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. This in and of itself does not violate rule 32:3.4(b). Such testimony will be under oath and you will be subject to cross-examination. We review lawyer disciplinary proceedings de novo. Stay up-to-date with how the law affects your life. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 821 N.W.2d at 87879, 88283. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. at 66263. Fisher abandoned his clients at their greatest time of need, the commission found. He was sentenced to ten days incarceration with credit for seven days served. 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. 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." Later, a charge was added for possession of LSD (the first Polk County case). Court filings show attorneys for plaintiffs repeatedly asked Leitner to identify the offending statements and explain his allegation that the defendants acted "in concert." A longtime Iowa attorney often associated with embattled restaurateur Steve McFadden faces potential disbarment after a state commission found he violated ethical rules in several cases.. ). Cornm. Id. We treat a stipulation conceding an issue in the case like a settlement agreement. Fisher may be capable of being a good lawyer, the commission stated. Rule 32:8.4(d) provides that "[i]t is professional misconduct for a lawyer to . 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. v. Hauser, 782 N.W.2d 147, 149 (Iowa 2010). All costs are taxed to Johnson pursuant to rule 36.24(1). 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. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. Ct. Att'y Disciplinary Bd. 22-2003 Case No. )M*) vk"Ob! (Photo courtesy of Iowa Judicial Branch) After 11 prior disciplinary cases, a criminal conviction for fraud and his retirement from practicing law, a western Iowa attorney's law license has been suspended by the Iowa Supreme Court. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. (Photo courtesy of Iowa Judicial Branch). 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. The Iowa Judicial Building. Not all criminal convictions violate rule 32:8.4(b). Cases filed with the courts involve a broad scope of problems and issues, including contract disputes, family matters, criminal violations, landlord-tenant disputes, personal injury claims, property condemnation . In Iowa Supreme Court Attorney Disciplinary Board v. Cannon, we suspended an attorney's license for thirty days after he was convicted of boating while intoxicated, possession of cocaine, and OWI in three separate incidents. Another aggravating factor is a previous private admonishment for making an extrajudicial statement regarding a pending criminal matter concerning his two sons. HH `hsPbj(Q6+_>0j{EY! &J(Xn+Lxv%]@ As for aggravating circumstances, we agree that Johnson's pattern of misconduct is an aggravating factor. 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 one matter, the court reduced a proposed 30-day suspension to a public reprimand. A criminal-defense lawyer who was reprimanded for allegedly lying to the court says his discipline is in some way linked to the Jan. 6 riots at the U.S. Capitol. Id. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. 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. The attorney disciplinary process in Iowa involves two separate entities. 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. 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. at 663 (starting the disciplinary suspension on the date of release of our opinion); Weaver, 812 N.W.2d at 16 (same). He has won numerous state and national awards for reporting and editorial writing. 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. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. Because Leitner failed to file an answer to the claims, the commission accepted the following allegations as fact: "Leitners conduct demonstrates a long pattern of deliberate misconduct and dishonesty," wrote the commission, noting multiple instances in which Leitner disregarded ethics rules and flouted direct court orders. Id. Johnson repeatedly combined illegal drug use with driving while intoxicated and driving while under revocation. 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. 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." Sarah speaks at Davis Brown client seminars and local conferences. In landing at the lower end rather than the upper end of the parties stipulation, we quibble with the commission's views only slightly. Sue a lawyer for careless work, or do work a lawyer failed to do. Seized, 501 N.W.2d at 485. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. On December 21, 2018, Capotosto and the Iowa Supreme Court Attorney Disciplinary Board jointly filed a stipulation of facts and rule violations. In re Marriage of Briddle, 756 N.W.2d 35, 39-40 (Iowa 2008). 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. You are switching to another language. See Iowa Sup. We have inherent constitutional power to license and discipline attorneys within the State of Iowa. The dissolution settlement was unrelated to any lawful reimbursement for her testimony. Templeton, 784 N.W.2d at 768 (quoting Iowa Supreme Ct. Att'y Disciplinary Bd. Rule 32:4.2(a). 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. . Attorney Advertising. Court: Eighth Circuit Iowa US District Court for the Southern District of Iowa. We do believe, however, Gailey's conduct went farther than just explaining the consequence of Dawn's testimony. 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. Leitner filed 11 near-identical lawsuits in May 2022 accusing the defendants of making unspecified defamatory statements about McFadden. In re Estate of Clark, 181 N.W.2d 138, 142 (Iowa 1970). The parties stipulated, and the commission concluded, that two of our precedents were particularly relevant: Iowa Supreme Court Attorney Disciplinary Board v. Weaver, 812 N.W.2d 4, and Iowa Supreme Court Board of Professional Ethics & Conduct v. Stefani, 616 N.W.2d 550 (Iowa 2000) (en banc). 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. The Board and Johnson entered into a stipulation of facts, exhibits, rule violations, mitigating and aggravating circumstances, and sanctionalong with a waiver of a formal hearing. See Iowa Sup. Instead of holding a hearing, the commission decided the case on a joint stipulation filed by the board and Gailey. 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. Id. When Gailey told Dawn that 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, he crossed the line. He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. We suspended the attorney's license with no possibility of reinstatement for six months. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. on Prof I Ethics Conduct v. Gartin, 272 N.W.2d 485, 487 (Iowa 1978). (Emphasis added.) v. Khowassah, 890 N.W.2d 647, 651 (Iowa 2017) (noting that a pattern of criminal conduct reflects adversely on an attorney's fitness to practice law and demonstrates disrespect of the law); Cannon, 821 N.W.2d at 87980 (Cannon's repeated convictions for substance abuse-related offenses demonstrate disrespect for the law and law enforcement.); see also id. Ct. Att'y Disciplinary Bd. Clarity provides guidance on this point. ^H;KGrQbEjxod)}/>J v. Clarity, 838 N.W.2d 648, 662 (Iowa 2013). The language of rule 32:4.2(a) is substantially similar to our prior disciplinary rule, DR 7-104(A)(1). Ct. Att'y Disciplinary Bd. Johnson admitted that he had used methamphetamine two days before and that he had been using it for approximately one year. This is true even where the responding attorney admits the alleged conduct and the rule violations in the complaint. Discipline or remove an employee for conduct that violates the judicial branch code of employee ethics. Criminal conduct outside of an attorney's law practice can certainly be a basis for sanctions, but context is relevant. So are his cooperation with the Board and acceptance of responsibility. 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 . Upon our review, we concur the respondent violated our ethical rules and suspend his license to practice law for sixty days. Accordingly, we give this charge no further consideration. commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects." Denis violated the no-contact order by having his father deliver the letter to Dawn. David Leitner, 67, has been a licensed Iowa attorney since 1979 and has run his own West Des Moines legal practice since 1988. Sarah has also argued cases before the Iowa Court of Appeals, the Supreme Court of Iowa, and the Eighth Circuit Court of Appeals. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. The stipulation contained a stipulation of facts and a stipulation recommending a thirty-day suspension. 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. Daniels agrees that she did not respond to any alarms the night Stewart went missing, but says there's a reason for that: because she was assigned to the assisted living wing that evening, alerts from the memory care unit were not routed to her iPad and she did not receive any notifications of alarms in that part of the building until she saw them on the office computer later in the morning. I. The entire complaint process is confidential until such time as the Grievance Commission files a report of its findings and a recommendation of public discipline with the Iowa Supreme Court. Iowa R. Profl Conduct 32:8.4(a). Expect your lawyer to keep you informed of all important developments. Most complaints that involve the behavior of an attorney outside the practice of law, such as rudeness, the use of profanity, landlord-tenant disputes and debtor-creditor matters, are not within the Boards jurisdiction. v. Dunahoo, Staff Mgmt. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Once again, law enforcement found controlled substancesincluding methamphetaminein the vehicle. 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. If you are not already a client of Dentons, please do not send us any confidential information. She is accusing Courtyard Estates, its parent company Jaybird Senior Living, and two supervisors of racial discrimination in her termination. 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. A secretary who answered the phone at his former law office in January said that OBrien was retired and no longer practicing law. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. 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. 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). U.S. 8th Cir. at 300. v. Nelson, 838 N.W.2d 528, 542 (Iowa 2013). On May 10, Johnson resolved the second Polk County case by pleading guilty to possession of oxycodone. Johnson's criminal convictions came to the attention of the Board. Id. Iowa Supreme Ct. Att'y Disciplinary Bd. Id. 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. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. 124.401(5); id. See id. 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. Gailey, 790 N.W.2d at 806. When the couple requested paperwork and asked for a refund, the commission said, Fisher accused them of making threats and attempting to extort him. The commission said Fishers response to his clients was bullying and outrageous Fisher failed (his clients) in every way possible, or, as he candidly admitted, I completely botched this case. , Fishers general office practices, particularly his bookkeeping, were substandard, bordering on the atrocious, the commission found, noting that even the states Attorney Disciplinary Board was forced to file a motion to compel and motion for sanctions to obtain a smattering of financial and billing records related to some of his clients.. Free and independent journalism is what keeps our public servants accountable and responsive to the people. DEIJ Policy | Ethics Policy | Privacy 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. Daniels also worked that night but in the assisted living wing of the facility. Iowans value integrity in their government. Ct. Att'y Disciplinary Bd. endobj 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. 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. Johnson was again arrested for OWI. v. Hier, 937 N.W.2d 309, 317 (Iowa 2020)). This suspension applies to all facets of the practice of law. On Friday, the court opted to instead impose a three-year suspension. Matter of Prop. We later overruled Johnson in part. 124.401(5). Id. 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. A longtime Iowa attorney often associated with embattled restaurateur Steve McFadden faces potential disbarment after a state commission found he violated ethical rules in several cases. Johnson was also discharged from probation. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. Krull eventually hired another attorney, but OBrien never refunded the $2,750 or provided an invoice for any services. Iowa Capital Dispatch maintains editorial independence. In accordance with Iowa Code 21.5(1)(a) & (d) and 272C.6(4), the Board will go into closed session to review or discuss records which are required or authorized by state or federal law to be kept confidential, or pending licensee discipline cases and investigations, including any cases ready for final resolution through closure or consent . How long will the matter take? 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). . 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. William Morris covers courts for the Des Moines Register. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. Three days after his release from custody, he had called his estranged wife in a drunken state twenty-six times in a period of a few hours. 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. . In 2020 and 2021, Johnson became a criminal defendant himself on five separate occasions. 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) 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. at 553. OBrien, the Supreme Court said in Fridays decision, ghosted Krull and attempted to put on an invisibility cloak.. 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! All justices concur except CADY, J., who takes no part. Templeton, 784 N.W.2d at 767 (quoting In re Conduct of White, 311 Or. Using the stipulation of the parties together with our review of the record, we make the following findings of fact. Remarkably, two of the sanctioned attorneys were admitted in 2017. 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. r. 36.24(1). Wesley Johnson became a licensed Iowa attorney in 2008. 1 0 obj Matter of Prop. 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. 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. On the possession count, Johnson received a deferred judgment and twelve months probation, with the specific conditions that he obtain a substance abuse evaluation, complete recommended treatment, and abstain from the use of alcoholic beverages and controlled substances. In addition, the Iowa Supreme Court has twice suspended OBriens license in the past and OBrien has been disbarred in the state of Nebraska. Johnson then continued to drive under the influence, resulting in a second OWI arrest and conviction just months later. 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. Our prior rule stated: Iowa Code of Prof'l Responsibility DR 7-104(A)(1). the Board has authority to take disciplinary action against . Attorneys cannot ignore a ruling of a tribunal made in the course of a proceeding. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Helpful information about choosing and working with an attorney. A defense attorney representing Forkpa, who is scheduled for trial in May, declined to comment. r. 34.17(7). Having said that, we have little difficulty concluding that Johnson's criminal conduct violated rule 32:8.4(b). K. Johnson Consents to a Disability Suspension. 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. L. Guilty Plea in the Jasper County Case. The attorney went to jail. Dawn's attorney did not give Gailey permission to contact Dawn. Eventually, the attorney was sentenced in federal court on a second conviction for possession of cocaine. Iowa R. Profl Conduct 32:3.4(b). 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. The license suspension may have little practical effect on OBrien. 785-435-8200. Rule 32:3.4(b). Nor were they the only ones who failed to respond to warnings. Those charges stemmed from his failure to file Iowa income tax returns. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d 801 (Iowa 2010), we recently had occasion to interpret this rule. Rule 32:8.4(c) states that "[i]t is professional misconduct for a lawyer to . the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. at 40. 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. In reviewing the mitigating and aggravating circumstances, Johnson's lack of prior disciplinary history is a mitigating circumstance. C. The Dallas County Case. Id. Dawn reviewed a copy of the letter from Denis and asked Gailey what the letter meant. See Iowa Sup. We believe the best way to protect the public against a potential relapse is to place appropriate conditions on Johnson's reinstatement. This could result in a public reprimand or a Court order suspending or revoking the lawyers license.
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