She is accusing Courtyard Estates, its parent company Jaybird Senior Living, and two supervisors of racial discrimination in her termination. v. Bergmann, 938 N.W.2d 16, 21 (Iowa 2020). We have the authority to discipline an attorney who is convicted of a misdemeanor that violates the rules of professional conduct. The constitution and our court rules vest this function solely in our court. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. v. Joy, 728 N.W.2d 806, 813 (Iowa 2007). 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 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. In an attorney disciplinary action, the grievance commission recommends thirty-day suspension for attorney's violation of conflict of interest rules. How frequently and by what means will we communicate? Rule 32:8.4(b) provides that "[i]t is professional misconduct for a lawyer to . 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. 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. The disciplinary case marks the second time Fisher has been accused of ethics violations. All justices concur except CADY, J., who takes no part. The defendants then requested sanctions, arguing that Leitner and McFadden were ethically obligated to ensure a factual basis for all his claims before filing his complaint. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. At issue are four cases in which Leitner is accused of dishonest or unethical conduct, as well as allegations he mishandled client funds held in his trust account. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. While the Boone County case was still pending, on August 1, Johnson's vehicle was stopped while speeding on Iowa Highway 5 in Polk County. 124.401(5). The parties further stipulated that Johnson's convictions in the five cases violated rule 32:8.4(b), that Johnson's criminal acts created a grave risk of potential injury to other people, and that Johnson demonstrated a pattern of criminal conduct and profound disrespect for the law. The parties agreed that Johnson's cooperative attitude toward the proceedings, his acknowledgment of misconduct, the fact that his criminal conduct was nonviolent and occurred outside his legal practice, his lack of prior discipline, and his completion of substance abuse treatment should be considered mitigating factors. v. Schmidt, Supreme Court Attorney Disc. v. Newport, 955 N.W.2d 176, 184 (Iowa 2021) (quoting Iowa Sup. IA Supreme Court Opinions and Cases | FindLaw She also was not fired. Unsolicited emails and other information sent to Dentons will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. He also drove while under revocation, in flagrant disregard of what the law required him to do. Iowa Courts. v. Hier, 937 N.W.2d 309, 317 (Iowa 2020)). Criminal conduct outside of an attorney's law practice can certainly be a basis for sanctions, but context is relevant. Johnson accumulated additional convictions because he drove under the influence, putting other lives at risk. Sarah speaks at Davis Brown client seminars and local conferences. 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. 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. Iowa R. Profl Conduct 32:8.4(a). 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." We review lawyer disciplinary proceedings de novo. Denis was arrested and the state charged him with kidnapping. 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. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. Most complaints are filed by clients, but this is not a requirement. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. Johnson did not commit any acts of violence, and there was no showing that any of his criminal conduct was directly connected to his law practice. Therefore, the board has not proved Gailey violated rule 32:8.4(c). Costs of this action are taxed to Gailey pursuant to Iowa Court Rule 35.26. DEIJ Policy | Ethics Policy | Privacy Policy. Our prior rule stated: Iowa Code of Prof'l Responsibility DR 7-104(A)(1). More:Owner of Des Moines metro taverns, pizzeria faces new charges, probation violation. However, Fishers interaction with virtually everyone involved in this matter his own client, opposing counsel, the presiding judge was largely ineffective and did little to advance his clients legal interests., The commission also questioned Fishers internet post, noting that he had even revealed the specific balance he claimed was owed by his former client There is nothing in the rules which would authorize a lawyer to reveal such information particularly on the internet, for all the world to see.. 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. To the extent those stipulations involve matters of fact, they are binding on us; to the extent they involve questions of law, they are not. A worker fired after an elderly woman's death outside a Bondurant assisted living center is suing her former employer, claiming that the company scapegoated Black employees while giving white workers a pass. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. JOHNSON. Attorney Advertising. Arrange for another lawyer to be appointed to represent the client. Ct. Att'y Disciplinary Bd. Nor were they the only ones who failed to respond to warnings. We have inherent constitutional power to license and discipline attorneys within the State of Iowa. Graen's Mens Wear, Inc. v. Stille-Pierce Agency, 329 N.W.2d 295, 300 (Iowa 1983). at 8. 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. Part of the conversation between Gailey and Dawn also related to her concerns about the prosecutor asking her daughter to testify at trial. The disciplinary and complaint process is funded by an assessment on all lawyers admitted to the practice of law in Iowa. 1 0 obj In addition, OBriens Iowa law license was already inactive, having been indefinitely suspended last June for separate violations. Fisher has challenged the commissions recommendations, filing a motion asking the Iowa Supreme Court to set aside the commissions findings and recommendations due to a missed deadline. engage in conduct involving dishonesty, fraud, deceit, or misrepresentation." Ct. Att'y Disciplinary Bd. Both cases involve substance abuse that resulted in a series of offenses and probation violations. Dentons - Sarah K. Franklin 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. Iowa R. Profl Conduct 32:3.4(b). We see no reason not to interpret our present rule in the same manner. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. How long will the matter take? He violated probation repeatedly. He had eyelid tremors and an elevated pulse rate of 124 beats per minute. Here, Gailey offered Dawn a favorable dissolution settlement as an inducement for her to testify in a certain way. The final issue is when Johnson's disciplinary suspension should begin. 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. Charles L. Harrington, Elizabeth E. Quinlan, and Teresa A. Vens, Des Moines, for complainant. Bd. Follow Iowa Capital Dispatch on Facebook and Twitter. All costs are taxed to Johnson pursuant to rule 36.24(1). Denis goes on to say that he thinks he should be punished but not locked up and the key thrown away. Ct. Att'y Disciplinary Bd. No. 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." Furthermore, the misconduct here does not include a felony conviction or a conviction for harassment. Fisher abandoned his clients at their greatest time of need, the commission found. Ct. Att'y Disciplinary Bd. 0:00. See Iowa Ct. R. 35.10. We will discuss each allegation separately. Court records indicate OBrien has been licensed to practice law in Iowa since 1996. J. Johnson Enters but Then Leaves Inpatient Substance Abuse Treatment. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Accordingly, to allow the parties to make these determinations is against the public policy surrounding our attorney disciplinary system. In order for our system of justice to work, attorneys should counsel their clients to abide by court orders. Forkpa previously told the Iowa Capital Dispatch that she believes the criminal charge is unwarranted, and that "I know in my heart I would never do anything to hurt anyone.". In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. L. Guilty Plea in the Jasper County Case. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. He was sentenced to fourteen days in jail with credit for time served. Matter of Prop. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. According to the commission, Fisher now works for Wells Fargo as a strategic sourcing consultant. PDF Before the Board of Medical Examiners of The State of Iowa Sometimes lawyers handle money for clients. Engineering/Surveying Examining Board - May 11, 2023 Agenda | Iowa Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. The commission found Fisher had failed to respond to discovery requests in the case, failed to file a financial affidavit with court on behalf of his client, and failed to keep his client informed as to the status of her case. 701 SW Jackson St., 1st Floor. Fisher may be capable of being a good lawyer, the commission stated. At the meeting, Gailey provided Dawn with a letter from Denis. It is essential that the aider and abettor have knowledge of the perpetrator's criminal activity prior to its commission. Id. No. Iowa Legal Research Laws. 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). Id. Daniels also worked that night but in the assisted living wing of the facility. On the OWI count, Johnson was sentenced to four days in the Boone County Jail with credit for time served. 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. Opinions - FindLaw cases and resources for the Eighth Circuit Court of Appeals. Graen's Mens Wear, Inc., 329 N.W.2d at 299. Sarah has successfully first-chaired bench and jury trials and has negotiated and mediated numerous cases. . misconduct by a convincing preponderance of the evidence." Iowa Sup. In addition, OBrien was criminally convicted of fraudulent practices in 2004. Just four days after the Jasper County arrest, Johnson was apprehended by Altoona police on February 17 for driving under revocation. C. The Dallas County Case. This pattern of criminal conduct showed disrespect for the law. Case No. 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. We concur with the assessment of the parties and the commission that this case does not warrant as severe a sanction as Weaver. Cases, Dockets and Filings in Iowa | Justia Dockets & Filings IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, vs. ANDREW GATTON AEILTS, Appellant. v. Nelson, 838 N.W.2d 528, 542 (Iowa 2013). v. Bieber, Iowa Supreme Ct. Attorney Discip. dennis.tibben@iowa.gov, or Assistant Attorney General Katie Carl at 515-281-6661 . The Board has prepared a booklet to help you choose and work well with a lawyer. As for aggravating circumstances, we agree that Johnson's pattern of misconduct is an aggravating factor. All rights reserved. Expect your lawyer to keep you informed of all important developments. Additionally, Johnson's completion of substance abuse treatment is a mitigating factor. )M*) vk"Ob! Iowa nursing home sued for discrimination after fatal elder abuse case Iowans value integrity in their government. 19-0985. The board has the burden to prove disciplinary violations by a convincing preponderance of the evidence. IA Supreme Court Opinions and Cases | FindLaw Tara van Brederode and Allison Anne Schmidt, Des Moines, for complainant. See id. See Iowa Sup. If you change your address or phone number, let your lawyer know right away. Id. Iowas congressional candidates answer questions on, Governor's agenda skates past first legislative 'funnel', Restaurant inspection update: Sewage, rodent carcasses, mold. Id. 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). David Leitner, 67, has been a licensed Iowa attorney since 1979 and has run his own West Des Moines legal practice since 1988. The lawyer's accounting (which was confirmed by the Iowa Bar/Disciplinary Board) showed that he received a total of $18,200.00 and, after for the fifty-percent split and other tax and reimbursement considerations, the lawyer wrongfully misappropriated $9,200.00 from the law firm. Sarah helps businesses with complex business and real estate litigation. Aggravating factors include a prior reprimand of Gailey for engaging in conduct involving dishonesty, fraud, deceit, and misrepresentation when he falsely advised an adverse party in a deposition that he had a tape recording of a prior conversation with that party. 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. According to a subsequent report by state inspectors, which resulted in a $10,000 fine, employees were aware that Stewart, a longtime resident, had a history of packing up her room and attempting to leave the facility. The Attorney Disciplinary Process | Iowa Judicial Branch The commission also considered Fishers representation of a married couple in a parental rights case. 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. (Emphasis added.) v. Howe, 706 N.W.2d 360, 373 (Iowa 2005)). 1. The Iowa Judicial Building. Daniels notes, and the state investigation confirms, that the facility's on-call nurse received notifications at home of the multiple door alarms for nearly nine hours and took no action. 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) The attorney went to jail. As a result of Johnson's probation violations, his deferred judgments in the Boone County case and the Dallas County case were revoked. <> v. Sears, 933 N.W.2d 214, 221 (Iowa 2019) (alteration in original) (quoting Iowa Sup. Lawyers, like other professionals, sometimes make mistakes. at 553. Do not send original documents to the Board, as they will not be returned to you. 616 N.W.2d at 552. After the client left a negative review of Fisher online, Fisher responded, including specific information about Halletts outstanding balance with his law office. See Bergmann, 938 N.W.2d at 23 (finding cooperation and acceptance to be mitigating). endobj v. Lynch, 901 N.W.2d 501, 511 n.5 (Iowa 2017). <> F. Rule 32:8.4(d). 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. Accordingly, we suspend Gailey's license to practice law in the State of Iowa for sixty days. 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. He has won numerous state and national awards for reporting and editorial writing. The lawyer must promptly and completely account for a clients money. 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. 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. See Iowa Ct. R. 35.12(3). Board has authority to take disciplinary action against you under Iowa Code Chapters 17A, 147, 148, and 272C, and Iowa Administrative Code rule 653 - 25.25. . William Morris covers courts for the Des Moines Register. Having emerged from that program, and still under a disability suspension, the attorney is now before us on an attorney disciplinary complaint. See Iowa Sup. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. One week later, on February 24, Johnson resolved the first Polk County case by pleading guilty to OWI first offense, and possession of LSD. In lawsuits, disputes about the facts are resolved by the courts. The board recommended the commission ask the court to suspend OBriens license for 18 months; the commission recommended a license revocation. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. 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. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. threatened litigation on McFadden's behalf, Owner of Des Moines metro taverns, pizzeria faces new charges, probation violation, Your California Privacy Rights / Privacy Policy. Iowa Supreme Court Attorney Disciplinary Board v. Andrew Aeilts IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Gerald Anthony Lyman MOOTHART, Respondent. Pursuant to our court rules, we are required to review the report of the commission. The attorney there had at least a decade-long substance abuse problem. Leitner filed 11 near-identical lawsuits in May 2022 accusing the defendants of making unspecified defamatory statements about McFadden. Accordingly, we give this charge no further consideration. We give weight to the commission's findings, but its findings do not bind us. Iowa Ct. R. 35.10(2). If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. 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 addition, urine tests on Johnson returned positive for methamphetamine, cocaine, and opiates. D. Rule 32:8.4(b). We disagree. Id. After representing one client in writing a contract, Leitner then represented the other party to argue the contract was void.