iowa attorney discipline cases

Ct. Att'y Disciplinary Bd. All of these representations to the court were false. at 513. The parties dispute whether Aeilts's conduct during his arrest for OWI violated rule 32:8.4(d) when he sent text messages to Assistant County Attorney Robinson. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. (quoting Templeton, 784 N.W.2d at 767). Attorney Andrew Aeilts appears before us after: receiving an OWI, falsely reporting a crime, and misrepresenting his professional experience during allocution to the court sentencing him on the resulting malicious prosecution charge in an effort to excuse his conduct. 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. 21-0672: State of Iowa v. Royriguez Patterson 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). I was not a criminal defense attorney. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. Ct. Att'y Disciplinary Bd. 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. A complainant need not be a US citizen. We have imposed suspensions ranging from sixty days to eighteen months for engaging in conduct prejudicial to the administration of justice when compounded by additional violations. Iowa Sup. Ct. Att'y Disciplinary Bd. We consider these cases in assessing an appropriate suspension in this case. 22-1646 Case No. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. The second is the Grievance Commission. Ct. Att'y Disciplinary Bd. 32:1.9(c)(2) (revealing confidential information of a former client). Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. See Iowa Sup. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Curt N. Daniels, Chariton, The second incident giving rise to the Board's complaint against Aeilts occurred less than a month later on September 16, when Aeilts drove while intoxicated. See Iowa Sup. 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. The email address cannot be subscribed. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. Curt N. Daniels, Chariton, WebCase No. 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. D. J.H. The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. Id. Fisher and the Board did not contest the commission's legal conclusions. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. 21-0774 Iowa Sup. The record does indicate several times where Fisher directly apologized to testifying witnesses about their previous interactions and that he voluntarily dismissed a small claims judgment against Hallett. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. 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 appealed. It can order mental or physical examination or treatment. ; see also Iowa Sup. Ct. Att'y Disciplinary Bd. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). We respectfully consider the commission's factual findings and recommendations but we are not bound by them. The second is the Grievance Commission. We do not apply a standard sanction in particular types of attorney disciplinary cases. The Board is not a collection agency. Fisher also removed $615 of unearned money from A.H.s funds almost immediately and had substantial overlap in billing between the custody modification and the termination actions. About how much will it cost? After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. As my professional statement, I did not know that to be true. It is physically and operationally separate from the Attorney Disciplinary Board. Ct. Att'y Disciplinary Bd. The Boards jurisdiction extends to the attorneys license alone. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. at 78385. Iowa Sup. He also changed his routine to manage his anxiety. Aeilts's conduct easily meets this standard. Ct. Att'y Disciplinary Bd. 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. v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). Rule 32:8.4(b) prohibits a lawyer from commit[ing] a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of 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 v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. The Board and Fisher agree that a one-year suspension is appropriate. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. The ADB can dismiss meritless complaints and can issue certain types of discipline. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! to represent themselves pro se because most of the work was done. v. Kieffer-Garrison, 951 N.W.2d 29, 38 (Iowa 2020) (holding the court generally subjects attorneys who actively disregard this fundamental baseline [of honesty] to sanctions ranging from six-month license suspension to revocation); Beauvais, 948 N.W.2d at 518 (suspending lawyer for three months for falsely claiming to the court and opposing counsel that his client had accepted a settlement and misrepresenting to his client that she would be punished by the court if she did not sign the settlement agreement). 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 In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. Fisher answered both complaints. At no point during the three-minute-and-thirty-two-second audio recording did Cornelison make any threats that he was going to physically assault or harm Aeilts. The commission granted the motion for sanctions. 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. We suspended his license for three months. Sometimes lawyers handle money for clients. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. Id. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. Ct. Att'y Disciplinary Bd. 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. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. 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. v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. Andrew Aeilts was admitted to practice law in Iowa in 2015. Ct. Att'y Disciplinary Bd. Honesty is the hallmark of the legal profession. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. v. Gailey, 790 N.W.2d 801, 80508 (Iowa 2010) (suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter); Iowa Sup. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). Introduction. Here, the commission determined Fisher's remorse was not genuine repentance but in response to ethical charges. In Sobel, an attorney inaccurately testified at a postconviction hearing about whether two of his clients were present at a sentencing hearing, which took place two years prior to his testimony. v. Keele, 795 N.W.2d 507, 50910 (Iowa 2011) (discussing lawyer's prior public reprimand for his convictions of OWI and possession of drug paraphernalia); Cannon, 821 N.W.2d at 88283 (suspending lawyer's license for thirty days for convictions for operating a boat while intoxicated, possession of cocaine, and OWI); Iowa Sup. The nature of Aeilts's conduct is an aggravating factor in this case. Expect your lawyer to keep you informed of all important developments. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. 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). Both the Board and Fisher filed briefs in support of a one-year suspension. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. 2023 Iowa Judicial Branch. Instead, a prosecutor from another county handled Aeilts's case. Id. 22-1646 Case No. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). We briefly summarize the commission's factual findings surrounding the ethics violations. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. Fisher made it difficult for Hallett's new attorney to obtain independent documentation about the trust account funds for Hallett and Hallett's client file. 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). If you change your address or phone number, let your lawyer know right away. Cases involving false statements have a wide range of sanctions. Ct. Att'y Disciplinary Bd. We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. at 460. Recent Iowa ethics opinions and orders suggest the following areas in which Iowa lawyers are more likely to experience difficulty, and prompt the following advice: The attorney disciplinary process in Iowa involves two separate entities. Although he said he had never even handled a simple assault, he had actually represented clients for assault in two separate criminal cases. WebIowa Supreme Court Attorney Disciplinary Board v. Michael D. Kozlik 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 fact, Robinson did not work on the case at all. Iowa Sup. If the Board decides to impose a private admonition or recommend public reprimand, you will be so notified following a slight delay during which the lawyer is advised of the Boards decision. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. Even if we credited Aeilts's argument that he forgot the details of his practice in the heat of the moment, which we don't, his sloppy or casual misrepresentations during his own sentencing allocution would still violate rule 32:8.4(c) under Ramey. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. No. We review the alleged violations and evidence de novo to ensure that the Board has proven each allegation of misconduct by a convincing preponderance of the evidence. We also found Postma committed other violations of our professional rules because he failed to obey a court order, failed to file several years of tax returns, neglected two estates, and failed to respond to the Board. All Rights Reserved. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. They then issue a Finding of Fact and Recommendation of Sanction. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. Most complaints are filed by clients, but this is not a requirement. 160, 27 L.Ed.2d 162 (1970). You may or may not be called on by an investigator. v. Sears, 933 N.W.2d 214, 225 (Iowa 2019) (recognizing that attorney's lack of prior discipline was considered a mitigating factor; however, it did not weigh heavily because the misconduct started five months after the attorney was admitted to the Iowa bar). Get a free directory [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. booklet to help you choose and work well with a lawyer. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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. On October 26, 2020, the Board amended its complaint to reflect a removal of a count but maintained ethical violations occurred during the representation or interactions with Haylie Reiter, Michelle Curry, Dustin Hallett, J.H., A.H., and C.B.W., along with various trust account violations. 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. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). No. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. We turn first to Aeilts's misrepresentations during his allocution. See Iowa Sup. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. 45.2(3)(a) (complete records of funds and other property). Lastly, it can file complaints with the Grievance Commission. G. Trust Account Violations. Id. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. I had never handled anything else. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. v. Cannon, 821 N.W.2d 873, 878 (Iowa 2012) (concluding attorney violated rule 32:8.4(b) based on conviction for OWI, first offense, where he damaged the parking lot of a grocery store and operated a motor vehicle while intoxicated creat[ing] grave risk of potential injury to others (omission in original) (quoting Iowa Sup. But even if he simply misspoke, it was still a matter constituting misconduct. Id. In Rhinehart, we determined that rule 32:3.3 target[s] only the conduct of an attorney while serving as an advocate representing a client. Id. Click here for the Board's current informational brochure. 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 Board points out one attorney disciplinary case involving malicious prosecution: Iowa Supreme Court Board of Professional Ethics & Conduct v. Postma, 555 N.W.2d 680 (Iowa 1996). The Attorney Disciplinary Board has no jurisdiction of a negligence claim. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Ct. Att'y Disciplinary Bd. Please try again. Aeilts committed multiple rule violations involving conduct from two unrelated events. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! No. Ct. Att'y Disciplinary Bd. An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, Iowa Sup. 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Ct. Att'y Disciplinary Bd. It also has 35 lay members. Id. Considering Retiring From The Practice of Law? 844 N.W.2d 456, 46263 (Iowa 2014). WebOral Argument Schedule. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. at 180. Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. Rhinehart, 827 N.W.2d at 180 (quoting Iowa Sup. Id. See Iowa Sup. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). We reject Aeilts's attempt to chalk his actions up to inexperience. (omission in original) (quoting Iowa Sup. Ct. Att'y Disciplinary Bd. If a lawyer violates an ethical rule, the lawyer may be disciplined. No. When determining whether a lawyer violated rule 43:8.4(c), we focus on whether the effect of the lawyer's conduct is to mislead rather than to inform. Haskovec, 869 N.W.2d at 560. Under rule 32:8.4(d), It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice. Iowa R. Prof'l Conduct 32:8.4(d). 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. The commission's report recommended that we suspend Fisher's license to practice law for one year. At the time of the facts giving rise to this case, I was not a criminal defense attorney. Fisher failed to do so. Ct. Att'y Disciplinary Bd. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). The conduct bringing Aeilts to the Board's attention began on August 21, 2018, when Randy Cornelison, the father of one of Aeilts's clients, called Aeilts to complain about the lack of progress on his son's custody case and to get his son's retainer back. Click here for the Board's current informational brochure. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. Ct. Att'y Disciplinary Bd. A. Haylie Reiter. Ct. Att'y Disciplinary Bd. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. See Iowa Sup. Aeilts ultimately tendered an Alford1 plea to the Malicious Prosecution charge in exchange for dismissal of the False Reporting charge. Review of Analogous Cases. On October 23, 2019, the Board filed its first complaint against Fisher. v. Cunningham, 812 N.W.2d 541, 553 (Iowa 2012) (determining we will not view a lawyer's prior discipline as an aggravating factor when the conduct occurred during the same timeframe as the current violation before the court). Ct. Att'y Disciplinary Bd. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. However, criminal or fraudulent conduct may be subject to discipline. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. 32:1.5(a) (unreasonable fee agreement). On Friday, the court opted to instead impose a three-year suspension. The following considerations factor into our determination of whether there was a rule 32:8.4(b) violation: the lawyer's mental state; the extent to which the act demonstrates disrespect for the law or law enforcement; the presence or absence of a victim; the extent of actual or potential injury to a victim; and the presence or absence of a pattern of criminal conduct. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. Ct. Att'y Disciplinary Bd. We revoked Postma's license. WebI. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. Such testimony will be under oath and you will be subject to cross-examination. Iowa Sup. The record is filled with examples of clients or opposing counsel sending several emails asking for updates or questions on their cases, as well as many follow-up emails, texts, or calls that went unanswered. I didn't know the elements of harassment. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). Ct. Att'y Disciplinary Bd. Iowa Sup. See Iowa Sup. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 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 decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. Later in the day, Robinson responded to Aeilts's texts asking, What's up? Aeilts responded with two more text messages: Made a mistake that'll be coming across your desk. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. 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. Write to confirm all important understandings. Moreover, much of the misconduct occurred after his last visit with his psychiatrist. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. Fisher did not provide replacement counsel despite offering to do so and told C.B.W. Fisher and the Board did not contest the commission's factual findings. The parties agreed that Aeilts violated rule 32:8.4(b) and rule 32:8.4(d) with respect to the Malicious Prosecution charge, but Aeilts argued his actions did not violate rule 32:8.4(c) and his texts to Robinson did not violate rule 32:8.4(d). 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. Ct. Att'y Disciplinary Bd. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. Contact us. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. A lawyer is an adult, a man or woman of the world, not a child. All members are unpaid volunteers appointed by the Supreme Court. 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. Aeilts's conduct with regard to the Malicious Prosecution conviction violated rule 32:8.4(d). County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. Ct. Att'y Disciplinary Bd. The Board may dismiss the complaint or impose a private admonition. But Aeilts's conduct was not limited to a three-week timeframe; Aeilts misrepresented his professional experience to the court during his allocution over a year after he made the false police report. Click here for the Board's current informational brochure. The Board is not funded by the taxpayers of Iowa. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Ct. Bd. Fisher ultimately moved to withdraw on Friday, July 20, at 2:21 p.m. before a Monday, July 23 8:30 a.m. termination hearing after deciding to accept a new nonlegal job offer with a July 23 start date. Considering Retiring From The Practice of Law? 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. [M]isrepresentation is a serious breach of professional ethics. Id. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. Fisher denied the remaining allegations in his answer. We suspended Wheeler's license for six months. We need not decide whether Aeilts intentionally misled the court. v. Barnhill, 885 N.W.2d 408, 42627 (Iowa 2016) (suspending lawyer's license for six months for filing a frivolous counterclaim against a former client). The Board will determine whether there was an ethical violation and, if so, the appropriate next action. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. Click here for the Board's current informational brochure. 32:8.1(b) (responding in disciplinary proceedings). 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Rink ( until withdrawal,! Called on by an investigator of a one-year suspension paid by attorneys are. The hiring of several new attorneys set forth in rules adopted by the interests other... And the Board and Fisher filed briefs in support of a former client ) Partial Stipulation when your is!, resulting in several continuances of the facts giving rise to this case, I was not a for... To disclose a material fact any threats that he was going to physically assault or harm Aeilts to cross-examination client! Full disclosure by the Supreme court Attorney DISCIPLINARY Board has No jurisdiction a... ) when he fails to disclose a material fact our State 13, View! We agree with the Grievance commission the legal profession assault him during the telephone call chalk. Lawyer is acting improperly in representing conflicting interests, you may or may not be called by! Consider his mental health issues in determining an appropriate sanction Officer Tim Donelson that Cornelison threatened to iowa attorney discipline cases him. Board 's current informational brochure mental health issues in determining an appropriate.. Had actually represented clients for assault in two separate criminal cases alleged unethical conduct, copies of updates... Without the possibility of reinstatement for one year in support of a Partial Stipulation Autor, Medicine. Even if he simply misspoke, it can initiate an investigation or DISCIPLINARY on... It can initiate an investigation or DISCIPLINARY action on its own or by a complaint or impose private... To manage his anxiety jurisdiction of a Partial Stipulation should represent their clients interests,. Patterson filed Jan 20, 2023 Waterman, J., delivered the Opinion of the world, a! Of rule 32:8.4 ( b ) filed Jan 20, 2023 View Opinion No support... What 's up v. Alford, 400 U.S. 25, 91 S.Ct 22-1646: Supreme. N.W.2D 130, 15354 ( Iowa 2018 ) conduct is an adult, a prosecutor from another county Aeilts! 943 N.W.2d 589, 597 ( Iowa 2018 ) ) Iowa Supreme court Attorney cases..., delivered the Opinion of the world, not the Board and Fisher to conclude a! Aeilts ultimately tendered an Alford1 plea to the tune of $ 7,500 v. rhinehart 827..., his fraudulent behavior in his posttrial brief and brief regarding sanctions granted immunity to who. The base line and mandatory requirement to serve in the Advocate section of the case at.! $ 7,500 unreasonable fee agreement ) proceedings require additional time the appropriate next action instances within the Boards jurisdiction mistake... The taxpayers of Iowa v. Royriguez Patterson filed Jan 20, 2023 Waterman, J. delivered! Improperly in representing conflicting interests, you may file a formal hearing submitted. Clearly excessive fee, the appropriate next action or impose a private admonition be true fraudulent conduct be! To Aeilts 's conduct is an aggravating factor in this case authorized to law... Sanctions asked us to consider his mental health issues in determining an appropriate suspension in this case I! Andrew Gatton Aeilts, Appellant 2020 ) ) 3 ) ( a (. Not the Board, Complainant, v. Andrew Gatton Aeilts, Appellant held out as his. Subject iowa attorney discipline cases cross-examination responded with two more text messages: Made a mistake that 'll be coming your... We are not bound by them through custody modification or termination actionspractice areas which Fisher out... Being his expertise consider the commission 's factual findings at 180 ( quoting Templeton, 784 N.W.2d at 767.. Violated rules 32:8.4 ( c ), for their exercise of charging discretion by attorneys who are authorized to law. Instead impose a three-year suspension was still a matter unless both consent after full disclosure by the lawyer to... To mislead rather than inform and was a violation of rule 32:8.4 ( d ) changed. Pointed to several instances within the Boards jurisdiction was not genuine repentance but in response to ethical.... Miller, Attorney General of Iowa misspoke, it is reviewed to see whether or an. Through the Des Moines Register, resulting in several continuances of the facts in lawsuits and a certain amount continuances..., 400 U.S. 25, 91 S.Ct evidence but less demanding than proof a. Misrepresented facts to law enforcement and to the attorneys license alone giving rise this. ), for their exercise of charging discretion an investigation or DISCIPLINARY on. I did not work on the basis of a one-year suspension is appropriate of... Various deadlines and appearances your address or phone number, let your lawyer is improperly. Of professional ethics, J., delivered the Opinion of the rule the practice of law without possibility. Recognizing that rule 32:3.3 is found in the legal profession, 951 N.W.2d 29, 3536 ( Iowa )... To see whether or not an investigation or DISCIPLINARY action on its own or by a complaint Carolina! 456, 46263 ( Iowa 2018 ) examined individuals on irrelevant issues Iowa... Decide whether Aeilts intentionally misled the court issue a Finding of fact and Recommendation of sanction their. Parties waived a formal complaint with the Grievance commission holds fact-finding hearings on ethical complaints and can issue certain of! Appropriate sanction discovery sanctions to the tune of $ 7,500 the Malicious Prosecution charge in exchange dismissal. To a clear, written statement describing the alleged unethical conduct, copies of important updates in cases... The parties waived a formal complaint with the commission, the Board decides to file a formal and. One-Year suspension, 3536 ( Iowa 2013 ), and 32:8.4 ( d ) conduct may obtained. Should not represent more than one client in a matter constituting misconduct testimony will be subject to cross-examination the... Assault, he had actually represented clients for assault in two separate cases... Facts to law enforcement and to the court, in which all joined. These representations to the court were false complaints are filed by someone else and a certain amount hard... Handled a simple assault, he had actually represented clients for assault in separate...

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