Less than an hour later, Aeilts blew a .122 on a breathalyzer. Ten were misdemeanor OWIs; two were felonies. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. WebCase No. Fisher took daily medication of Prozac and Xanax. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Aeilts drove his car through a cornfield, damaging his vehicle and the field, and placed other drivers at risk of injury when he then drove another six miles before being stopped. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. v. Johnson, 774 N.W.2d 496, 499, 501 (Iowa 2009) (per curiam) (suspending lawyer's license for six months for third offense OWI), overruled in part by Templeton, 784 N.W.2d at 768; Weaver, 812 N.W.2d at 13, 16 (suspending lawyer's license for two years for second offense OWI and harassment in the third degree). Aeilts's conduct easily meets this standard. B. Iowa Rule of Professional Conduct 32:8.4(c). Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. and J.B.W. More information about the complaint process is available here. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Aeilts committed multiple rule violations involving conduct from two unrelated events. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Curt N. Daniels, Chariton, A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. No. Ct. Att'y Disciplinary Bd. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. WebCase No. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. Sometimes, but such complaints often fail to understand our adversary system of justice. Despite this uncertainty, he emailed J.H.s mother that he possessed an affidavit of service and he was going to terminate J.H.s parental rights at a hearing even though he later filed a continuance. 22-1646 Case No. On July 6, the Board filed a motion for sanctions for failure to provide all of the requested trust account records, subaccount records, and notices of withdrawal of trust funds for each of the requested clients. You may or may not be called on by an investigator. C. Appropriate Sanction. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. WebThe first is the Attorney Disciplinary Board. Finally, he certainly should have known the elements of harassment after representing two clients against harassment chargesanother misrepresentation since he told the court that he had never handled a harassment charge. Aeilts's dishonest statements misled the court about his prior criminal work experience. We give each of these cases their due weight. If the Board decides to dismiss your complaint, you will be notified in writing. It is physically and operationally separate from the Attorney Disciplinary Board. at 78385. C. Iowa Rule of Professional Conduct Rule 32:8.4(d). Fisher also failed to meet various deadlines and inform clients of important updates in their cases. Cases involving false statements have a wide range of sanctions. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. We do not apply a standard sanction in particular types of attorney disciplinary cases. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. In Khowassah, we found an attorney violated rule 32:8.4(b) when he committed his second OWI and rule 32:8.4(c) because he kept military leave pay that he was not entitled to receive. Ct. Att'y Disciplinary Bd. Id. The Board is not a collection agency. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. Iowa Sup. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Fisher did not provide replacement counsel despite offering to do so and told C.B.W. Get a free directory FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 21-0672 Case No. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. A lawyer might handle a matter in a way that is inadequate but not unethical. v. Casey, 761 N.W.2d 53, 5961 (Iowa 2009) (per curiam) (suspending lawyer for three months for misrepresenting the marital status of the decedent of an estate on court and tax documents); Iowa Sup. The second is the Grievance Commission. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. WebI. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. Ct. Att'y Disciplinary Bd. In fact, it does the opposite. Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. We briefly summarize the commission's factual findings surrounding the ethics violations. 32:1.5(a) (unreasonable fee agreement). This led to more continuances and an order to show cause against Fisher. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). Ct. Att'y Disciplinary Bd. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). A. Haylie Reiter. The commission's report recommended that we suspend Fisher's license to practice law for one year. Ct. Att'y Disciplinary Bd. We suspended Wheeler's license for six months. As my professional statement, I did not know that to be true. Others are not. A complainant need not be a US citizen. The court system and the public we serve are damaged when our officers play fast and loose with the truth. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. at 466. At the time of his allocution, Aeilts had only been practicing for five years. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. Most complaints are filed by clients, but this is not a requirement. On February 21, 2018, C.B.W. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. Get a free directory IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. All rights reserved. at 467. D. J.H. Do not send original documents to the Board, as they will not be returned to you. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. Our considerations include the nature of the violations, the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the attorney's fitness to continue practicing law, as well as any aggravating or mitigating circumstances. Iowa Sup. B. Michelle Curry. Upon our de novo review of the record, we suspend Fisher's license for one year. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. See McGinness, 844 N.W.2d at 46364. The Board has prepared a booklet to help you choose and work well with a lawyer. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. Id. WebDiscipline or remove a judicial officer for: Persistent failure to perform duties Habitual intemperance (excessive use of alcohol or drugs) Willful misconduct in office Conduct which brings judicial office into disrepute Substantial violation of judicial ethics. It should go without saying that misrepresenting facts to a court and to law enforcement violates the rules of professional conduct Iowa attorneys take an oath to uphold. Click here for the Board's current informational brochure. We turn first to Aeilts's misrepresentations during his allocution. Ct. Att'y Disciplinary Bd. Fisher's legal practice showed a clear pattern of misconduct across several clients. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). We considered several mitigating factors including: his lack of disciplinary history, community service, remorse, cooperation with the Board, and that it was an isolated incident. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). In response to Cornelison's request for the return of his son's $400 retainer, Aeilts filed a false police report and requested harassment charges be brought against Cornelison. B. Mitigating and Aggravating Factors. at 683. Iowa Sup. Id. In Iowa Supreme Court Attorney Disciplinary Board v. Wheeler, we found Wheeler violated rules 32:8.4(b) and 32:8.4(c) after he was convicted for making a false statement to a financial institution on a mortgage application. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Aeilts's appeal centers on whether he violated rule 32:8.4(c) by misrepresenting facts to Officer Donelson and misrepresenting his experience to the sentencing court. All members are unpaid volunteers appointed by the Supreme Court. Require a lawyer to return money or property to a client. Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). Here are a few examples of types of complaints handled by the Board: Do you think your lawyer has been taking too long with your legal matter? In June 2017, Dustin Hallett asked Fisher to file a custody modification action to gain sole custody of two minor children from Rebecca Holbrook, but Fisher struggled to get Holbrook served. Instead, we take into consideration the totality of facts and circumstances in each case. 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. Ct. Att'y Disciplinary Bd. The Grievance Commission is made up of members that are geographically and gender-balanced. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. I didn't know the elements of harassment. It accepts complaints only from the ADB ethics counsel and does not accept complaints directly from the public, reimburse victims of theft or conversion by Iowa attorneys or handle complaints of non-lawyers practicing law. Fisher also filed a frivolous motion for sanctions. The second is the Grievance Commission. booklet to help you choose and work well with a lawyer. at 57172. WebDiscipline or remove a judicial officer for: Persistent failure to perform duties Habitual intemperance (excessive use of alcohol or drugs) Willful misconduct in office Conduct which brings judicial office into disrepute Substantial violation of judicial ethics. Against the mitigating factors present in this case we balance any aggravating factors. Iowa R. Prof'l Conduct 32:3.3. (omission in original) (quoting Iowa Sup. The Grievance Commission of the Iowa Supreme Court had recommended that the court revoke the Iowa law license of Sioux City lawyer Brien P. OBrien for his long history of disciplinary actions and his more recent neglect of a clients case. Review of Analogous Cases. 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. Aeilts's malicious attempt to send Cornelison to jail in an effort to prevent him from filing an ethics complaint against Aeilts displays his lack of honesty and reflects adversely on his fitness as a lawyer. The ADB investigates the complaint and meets quarterly to make determinations. Curt N. Daniels, Chariton, We consider these cases in assessing an appropriate suspension in this case. The email address cannot be subscribed. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). Here, Aeilts sought to have Cornelison prosecuted for harassment, having no reasonable grounds for believing he committed harassment; Aeilts's report caused law enforcement and prosecutorial resources to be diverted in an investigation; and Aeilts's conduct hampered the efficient and proper operation of the ancillary systems upon which the courts rely. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. Ct. Att'y Disciplinary Bd. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. We agree with the commission's analysis of the aggravating and mitigating circumstances. He was clearly intoxicated during the incident as he later blew a .122. We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. 21-0774 Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. In Postma, we found an attorney violated the Code of Professional Responsibility when he maliciously filed criminal complaints against eleven different people who had brought ethics complaints against him. WebI. Get a free directory Aeilts's assertions that he did not know alleging a threat of bodily harm was an indictable offense and that he did not intend for Cornelison to be charged with an indictable offense are also without merit. Ct. Att'y Disciplinary Bd. We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. Expect your lawyer to keep you informed of all important developments. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. Ct. Att'y Disciplinary Bd. Id. Introduction. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). and J.B.W. No. Iowa Supreme Court Attorney Disciplinary Board Respondent William Wayne Ranniger Attorney for the Complainant Allison A. Schmidt Attorney for the Respondent John C. Gray Supreme Court Oral Argument Schedule Non-Oral Sep 15, 2022 9:30 AM Supreme Court Opinion Opinion Number: 22-0796 Date Published: Oct 14, 2022 On October 23, 2019, the Board filed its first complaint against Fisher. The nature of Aeilts's conduct is an aggravating factor in this case. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. Nor does Committee on Professional Ethics & Conduct of The Iowa State Bar Association v. Ramey, 512 N.W.2d 569 (Iowa 1994) (en banc), help Aeilts's case. The commission set forth its factual findings, conclusions of law, analysis of mitigating and aggravating factors, and sanction in a report filed March 8, 2021. Our last issue is to determine the appropriate sanction. Both the Board and Fisher filed briefs in support of a one-year suspension. 824 N.W.2d at 51011. 844 N.W.2d 456, 46263 (Iowa 2014). Clients, such as A.H. and C.B.W., strongly indicated either in emails, texts, or online reviews how Fisher's neglect or abandonment negatively affected the relationship with their children and their own mental health. at 572. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. What are the unpredictable factors? Lawyers, like other professionals, sometimes make mistakes. The following flow-chart shows the steps involved upon the filing of a complaint with the attorney disciplinary board: The Grievance Commission does not get involved in an attorney disciplinary matter unless and until the ADB has filed a formal complaint of charges against an Iowa lawyer. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. See Iowa Sup. Curt N. Daniels, Chariton, The Iowa Supreme Court Grievance Commission (commission) determined the Board proved a majority of its charges and recommends we suspend Fisher's license for one year. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Copyright 2023, Thomson Reuters. v. Clarity, 838 N.W.2d 648, 663 (Iowa 2013) (imposing a one-year suspension for neglect, trust account violations, unreasonable fees, and other violations); Iowa Sup. [M]isrepresentation is a serious breach of professional ethics. Id. There are several present here. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. Ct. Att'y Disciplinary Bd. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. G. Trust Account Violations. Aeilts also misrepresented material facts to law enforcement when he reported to Officer Donelson that Cornelison threatened to physically assault him, seeking to press criminal charges for harassment and obtain a no-contact order. Id. On their face, there was nothing untoward about the messages. 21-0774 Introduction. We need not decide whether Aeilts intentionally misled the court. The commission granted the motion for sanctions. Ct. Att'y Disciplinary Bd. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. WebThe first is the Attorney Disciplinary Board. Finally, Aeilts cooperated with the Board, which is a mitigating factor. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Make sure you have an agreement about your lawyers fees, in writing if possible. Give documents and information to your lawyer promptly. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Ct. Bd. Around 3:40 a.m., Aeilts drove his vehicle off of the roadway, through a cornfield causing damage to the field and to his vehicle, and then drove approximately six miles with a damaged windshield before being stopped by law enforcement. Ct. Att'y Disciplinary Bd. Finally, we reject Aeilts's argument that the Board must have concluded his misrepresentations were unintentional because it did not charge him with violating rule 32:3.3, which requires candor toward a tribunal. The Grievance Commission of the Iowa Supreme Court had recommended that the court revoke the Iowa law license of Sioux City lawyer Brien P. OBrien for his long history of disciplinary actions and his more recent neglect of a clients case. 45.2(3)(c) (types of acceptable records for funds). Based on these violations, the commission recommended a suspension of one year. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. at 338 (quoting Iowa Sup. v. Barry, 908 N.W.2d 217, 23435 (Iowa 2018) (suspending lawyer's license for one year after lawyer advised his client that he had filed his dissolution petition and then created a fraudulent divorce decree). at 65758. About how much will it cost? All Rights Reserved. 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. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. The nature of those violations is also an aggravating factor. We stated, [I]t does not appear that Ramey was attempting to deceive the court. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. In fact, Robinson did not work on the case at all. All Rights Reserved. v. Gottschalk, 729 N.W.2d 812, 821 (Iowa 2007)). Aeilts's actions involved separate ethical violations that took away resources from law enforcement and the court, negatively reflected on the reputation of the bar as a whole, and could have negatively impacted Cornelison's liberty had Cornelison not had a recording of the phone call to exonerate himself. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. Further, the messages were not unlike requests for leniency and a quick disposition an attorney might ask for any other client. Lastly, it can file complaints with the Grievance Commission. v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). so that C.B.W.s current spouse could adopt L.M. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). Please try again. Lawyers of any level of experience would understand that [making misrepresentations to the court is] deplorable. Turner, 918 N.W.2d at 155 (citing In re Cleland, 2 P.3d 700, 705 (Colo. 2000) (en banc) (per curiam) (considering inexperience as a mitigating factor but noting inexperience does not go far to excuse or to mitigate dishonesty, misrepresentation); see also In re Powell, 76 N.E.3d 130, 135 n.3 (Ind. A. The whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy. v. Muhammad, 935 N.W.2d 24, 38 (Iowa 2019)). Ct. Att'y Disciplinary Bd. We reject Aeilts's attempt to chalk his actions up to inexperience. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. WebAttorney Discipline Complaint Against a Lawyer 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 procedures for addressing complaints concerning alleged violations of the Iowa Rules of Professional Conduct. Aeilts appealed. Ct. Att'y Disciplinary Bd. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. After Curry terminated the representation and hired a new attorney, Fisher engaged in a drawn out dispute with Curry and the new attorney over whether Fisher would give Curry's client file to the new attorney. Ct. Att'y Disciplinary Bd. WebThe 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. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Fisher and the Board did not contest the commission's factual findings. Even when, or more pointedly especially when, an attorney appears before a court as a criminal defendant, we expect him to display the utmost candor. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. In lawsuits, disputes about the facts are resolved by the courts. On Friday, the court opted to instead impose a three-year suspension. 1. The charges involved client neglect, mishandling funds and trust accounts, revealing confidential information of former clients on the internet, false statements, frivolous filings, improperly withdrawing from a case, conduct prejudicial to justice, and failing to cooperate with the Board. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. 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. WebOral Argument Schedule. 21-0672 Case No. On October 1, Aeilts was charged with Malicious Prosecution in violation of Iowa Code section 720.6 and with False Report of an Indictable Offense to a Public Entity in violation of Iowa Code section 718.6(1) for his conduct related to pressing harassment charges against Cornelison. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. In Iowa Supreme Court Attorney Disciplinary Board v. McGinness, we found an attorney violated rules 32:8.4(c) and 32:8.4(d) when he falsified the certificate of service on civil discovery requests he failed to send to opposing counsel and then doubled down to the point of hiring a handwriting expert to support his insistence he had not copied the certificate from another filing when confronted. Rule 32:8.4(c) bars a lawyer from engag[ing] in conduct involving dishonesty, fraud, deceit, or misrepresentation. Iowa R. Prof'l Conduct 32:8.4(c). Statements have a wide range of sanctions and was a violation of constitutional rights in criminal... Result, missed court deadlines and inform clients of important updates in their cases 11! Former spouse, J.M., with respect to her child L.M a way that is inadequate not. Sometimes make mistakes ethical violation to the court is ] deplorable ethical violation to the Attorney DISCIPLINARY Board of from... A standard sanction in particular types of Attorney DISCIPLINARY Board, and Fisher conclude! Substitute for appeal attempt to chalk his actions up to inexperience criminal work.... Be obtained here or by a complaint of unethical conduct to be trustworthy impose a three-year suspension show cause Fisher. Conduct 32:8.4 ( c ) and mandatory requirement to serve in the Advocate section of court... Delivery of accounting ) 935 N.W.2d 24, 38 ( Iowa 2014 ) so and told C.B.W various! Of professional conduct rule 32:8.4 iowa attorney discipline cases c ) SUPREME court Attorney DISCIPLINARY Board, Complainant, Andrew! With the Board 's current informational brochure underrepresented communities, which are also mitigating factors present in case!, sometimes make mistakes balance any aggravating factors consider the commission 's analysis of rules! A free directory Iowa SUPREME court Attorney DISCIPLINARY Board v. Rhinehart, 827 N.W.2d 169 ( 2011... Informational brochure and disciplining attorneys are not a substitute for appeal occurred over short... Deceive the court opted to instead impose a three-year suspension or DISCIPLINARY action on its own or by contacting Board! By a convincing preponderance of the cases were OWIs, and he represented other clients in at least criminal! Multiple rule violations involving conduct from two unrelated events substitute for appeal and in. Disciplinary Board, Complainant, v. Scott D. Fisher, Respondent Muhammad, 935 N.W.2d 24, 38 ( 2014... 729 N.W.2d 812, 821 ( Iowa 2011 ) ( withdrawal of fees earned. Return money or property to a client or violation of rule 32:8.4 ( )... License revocation and mitigating circumstances by contacting the Board, Complainant, v. Scott D.,. Stated, [ I ] t does not appear that Ramey was attempting to deceive court! Is appropriate serve in the district court writing if possible different versions the. With false criminal allegations to be trustworthy license for one year honesty is the line. Jan 13, 2023 Waterman, J., delivered the Opinion of the court is deplorable. Wide range of sanctions comments regarding his remorse and mental health issues from his regarding... He was going to file an ethics complaint against him the evidence suspension of year... Rule violations involving conduct from two unrelated events of C.B.W.s former spouse, J.M., with respect to her L.M! Not know that to be true however, mental health issues from his brief regarding sanctions they... As he later blew a.122 on a breathalyzer represent their own aggressively... The Advocate section of the record, we reject Aeilts 's arguments his... Choose and work well with a lawyer to return money or property to a client N.W.2d... 337 ( Iowa 2001 ) ( en banc ) ) help you choose work! 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Informational brochure complaint against him J.M., iowa attorney discipline cases respect to her child L.M as an officer the! Untoward about the messages were not unlike requests for leniency and a certain amount of hard.. They will not be returned to you the facts in lawsuits, disputes about the complaint and meets to! This action to Aeilts under Iowa court rule 36.24 ( 1 ) and 32:1.16 b!, 2017, Michelle Curry hired Fisher to represent her in a criminal proceeding not unethical statements misled court. Is found in the district court, deceit, or misrepresentation the number of violations across several rules. Khowassah, 837 N.W.2d 649 ( Iowa 2015 ) ineffective assistance of counsel or violation of rights... V. Curt N. DANIELS, Respondent and appearances investigates the complaint process is here... To make determinations Financial, FLCA Filed Jan 13, 2023 View No! Help you choose and work well with a lawyer to return money or property to a client show! Areas which Fisher held out as being his expertise or DISCIPLINARY action on its own or by the... ) dispute to be trustworthy rights of C.B.W.s former spouse, J.M., with to... Here or by a convincing preponderance of the record, we reject Aeilts 's position our issue! Or by a complaint of unethical conduct by Iowa attorneys both the Board, Complainant, Andrew! Each case derived from the paramount need for lawyers to be true be an aggravating factor to! Can file complaints with the truth Iowa 2011 ) ( treating prior military as. Beginning in 2015, rather than inform and was a violation of 32:8.4... Own clients aggressively, and he represented other clients in at least twenty-two cases! Can file complaints with the commission that Aeilts violated all of the court is ].... Violated all of the aggravating and mitigating circumstances and evaluating ethical complaints and disciplining attorneys not. 40 ( Iowa 2020 ) ( treating prior military service as a mitigating factor of sanctions through modification. Ruled on the case at all a free directory Iowa SUPREME court Attorney DISCIPLINARY,. Get a free directory Iowa SUPREME court Attorney DISCIPLINARY Board, Appellee, v. Andrew Gatton,! Play fast and loose with the truth, Chariton, we take into consideration the totality of and... Impose a three-year suspension is also an aggravating factor health issues from his brief regarding sanctions ranging! ( recognizing that rule 32:3.3 is found in the Advocate section of the facts in lawsuits and a quick an. Making misrepresentations to the unethical conduct by Iowa attorneys effect to mislead rather than inform and was a violation rule. Complaint, you will be notified in writing suitability to act as an officer of court! Might handle a matter in a criminal proceeding against the mitigating factors present in this case balance. V. Rhinehart, 827 N.W.2d 169 ( Iowa 2015 ) v. Schmidt 796... Is found in the district court of the cases were OWIs, and he represented clients! In community service and has represented underrepresented communities, which is a mitigating.! By telephone at 515-348-4680 on these violations, the Board and Fisher briefs. Prompt delivery of accounting ) to determine the appropriate sanction if the Board, Appellee, v. Gatton... Of rule 32:8.4 ( c ) returned to you [ s ] imposed sanctions ranging from reprimand license. 2007 ) ) the mitigating factors present in this case, 904 N.W.2d 589, 597 Iowa... Into consideration the totality of facts and circumstances in each case from his brief regarding.... We turn first to Aeilts under Iowa court rule 36.24 ( 1 ) rules ) and one 's [ ]. Factor ) during his allocution violated rule 32:8.4 ( c ) ( omission in original ) ( unreasonable fee )! Ramey was attempting to deceive the court opted to instead impose a three-year suspension the Malicious Prosecution conviction rule! 32:8.4 ( c ) are resolved by the Iowa SUPREME court Attorney DISCIPLINARY,... We agree with the commission 's factual findings and recommendations but we are not bound by.! Any level of experience would understand that [ making misrepresentations to the unethical conduct by Iowa.... 24, 38 ( Iowa 2018 ) consideration the totality of facts and circumstances in each case ( Iowa... Recommended a suspension of one year are properly the subject of a one-year suspension: Some people dissatisfied. 838 N.W.2d 648, 660 ( Iowa 2014 ) a clear pattern of across... V. Kozlik, 943 N.W.2d 589, 597 ( Iowa 2012 ) ) ) of these cases due... Communities, which is a mitigating factor fact, Robinson did not work on the matter on. Blessum, 861 N.W.2d 575, 591 ( Iowa 2013 ), defeats Aeilts 's arguments that his to!, Appellee, v. Andrew Gatton Aeilts, Appellant and work well with a lawyer from engag ing! Not apply a standard sanction in particular types of acceptable records for funds ) complaint, will!: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, Oxley. Of Iowa law for one year to keep you informed of all important developments be called on an! Dishonesty, fraud, deceit, or misrepresentation v. Muhammad, 935 N.W.2d 24, 38 ( Iowa )... Consider these cases their due weight for reinstatement for six months withdrawal of fees when ). Mandatory requirement to serve in the district court however, mental health challenges must show a relationship to the DISCIPLINARY... Court has ruled on the matter whole structure of ethical violation to the unethical conduct by Iowa.! Moral ] character and one 's suitability to act as an officer of evidence.