Johnson was again arrested for OWI. Id. (Emphasis added.) 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. A search found controlled substances in Johnson's vehicle, including methamphetamine and hydrocodone. Send Message Thedore Sporer Trial Lawyer 108 Third Street, Suite 302 Des Moines Iowa 50309-4758 Telephone (515) 989-6080 Facsimile (515) 414-7679 Evening appointments available. A longtime Iowa attorney often associated with embattled restaurateur Steve McFadden faces potential disbarment after a state commission found he violated ethical rules in several cases.. The commission found that Johnson's completion of substance abuse treatment was a neutral rather than a mitigating factor. r. 36.24(1). If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. 701 SW Jackson St., 1st Floor. Id. In Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, we suspended an attorney's license for six months after he obtained a public intoxication conviction and his third OWI conviction. A defense attorney representing Forkpa, who is scheduled for trial in May, declined to comment. When she did finally see the alert, Daniels says, she "followed protocol" and responded to the pending door alarm, leading to Stewart's discovery. . Absent an objection by the board and under the condition that Gailey has paid all costs assessed under rule 35.26, we shall reinstate Gailey's license to practice law on the day after the sixty-day suspension period expires. of Prof'l Ethics Conduct v. D'Angelo, 619 N.W.2d 333, 338 (Iowa 2000) (second quote)). Id. Therefore, we find Gailey violated rule 32:8.4(b). Assistant Attorney General, Hoover State Office Building 2nd Floor, Iowa 3 Attorney General's Office, 1305 E. Walnut St., Des Moines, Iowa 50319; or via email to katie.carl@ag.iowa.gov. v. Sears, 933 N.W.2d 214, 221 (Iowa 2019) (alteration in original) (quoting Iowa Sup. Discipline or remove an employee for conduct that violates the judicial branch code of employee ethics. Krull paid OBrien $2,750 as a retainer. Johnson was only convicted once of driving while under revocation, but the stipulated record indicates that he did so on three occasions. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. One week later, on February 24, Johnson resolved the first Polk County case by pleading guilty to OWI first offense, and possession of LSD. Helpful information about choosing and working with an attorney. LICENSE SUSPENDED. Our prior rule stated: Iowa Code of Prof'l Responsibility DR 7-104(A)(1). v. Templeton, 784 N.W.2d 761, 769 (Iowa 2010). Follow Iowa Capital Dispatch on Facebook and Twitter. The judge overseeing McFadden's multiple defamation suits has scheduled a hearing to determine whether he and his attorney should be held in contempt for their conduct in those cases. 1:57. 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. According to the commission, Fisher now works for Wells Fargo as a strategic sourcing consultant. The Supreme Court of Iowa On the OWI count, Johnson was sentenced to four days in the Boone County Jail with credit for time served. Records showed the door alarm had been activated continuously from 9:34 p.m. to 6:12 a.m., although at least one worker claimed she'd seen Stewart still inside when her shift ended at 10. One week later, Johnson resolved the Dallas County case by pleading guilty to possession of methamphetamine. 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. Bd. By offering Dawn a favorable dissolution settlement, Gailey violated rule 32:3.4(b), which forbids an attorney to offer an inducement to a witness that is prohibited by law. The commission also reviewed Firshers handling of a parental-rights case in which Fishers client paid him an $800 retainer. In lawsuits, disputes about the facts are resolved by the courts. Johnson accumulated additional convictions because he drove under the influence, putting other lives at risk. Sarah helps businesses with complex business and real estate litigation. 616 N.W.2d at 552. Therefore, we find the facts from the stipulation of facts. Accordingly, to allow the parties to make these determinations is against the public policy surrounding our attorney disciplinary system. Legal Profession Blog Within two weeks, he left the program by departing the facility on foot. In the Supreme Court of Iowa In addition, urine tests on Johnson returned positive for methamphetamine, cocaine, and opiates. Topeka, KS 66603-3729. Attorneys cannot ignore a ruling of a tribunal made in the course of a proceeding. Part of the conversation between Gailey and Dawn also related to her concerns about the prosecutor asking her daughter to testify at trial. He received a deferred judgment and was placed on probation for one year. She has presented on the following topics: University of Iowa College of Law, 2007, JD, US Court of Appeals for the Eighth Circuit, US District Court for the Northern District of Iowa, US District Court for the Southern District of Iowa. Ct. Att'y Disciplinary Bd. on Prof'l Ethics Conduct v. Hoffman, 402 N.W.2d 449, 451 (Iowa 1987) (holding lawyer's writing nine intemperate letters, some to persons known to be represented by counsel, warranted public reprimand). No. Mr. Sporer will bring the ability to impact the law to your case even when the existing law is against you. *\. Accordingly, we give this charge no further consideration. Tara van Brederode and Allison A. Schmidt, Des Moines, for complainant. 749 N.W.2d 666, 669 (Iowa 2008). Moreover, the stipulation affirmatively states Gailey did not ask Dawn to lie or change her testimony. Iowa Capital Dispatch maintains editorial independence. . However, this case is more serious than merely communicating with an adverse party, given our finding that Gailey aided and abetted his son in violating the no-contact order and offered Dawn an inducement to testify that is prohibited by law. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. Deputy Editor Clark Kauffman has worked during the past 30 years as both an investigative reporter and editorial writer at two of Iowas largest newspapers, the Des Moines Register and the Quad-City Times. In recognition of this fact, we recently adopted a requirement that all Iowa attorneys complete one hour of continuing legal education annually in either diversity and inclusion or attorney wellness. Iowa Ct. R. 42.2(1). Free and independent journalism is what keeps our public servants accountable and responsive to the people. William Morris covers courts for the Des Moines Register. In her complaint, filed April 19, Daniels says she was initially told she needed to come in for her shift the following day despite being traumatized by Stewart's death, then was placed on leave pending an investigation. See Newport, 955 N.W.2d at 185 (finding a pattern of similar misconduct to be aggravating). His son, Denis, told Gailey the state planned to charge Denis with sexual abuse of his stepdaughter. How frequently and by what means will we communicate? Iowa Supreme Ct. Att'y Disciplinary Bd. Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. A criminal-defense lawyer who was reprimanded for allegedly lying to the court says his discipline is in some way linked to the Jan. 6 riots at the U.S. Capitol. After a longtime client was convicted of bankruptcy fraud and ordered to repay "a significant amount of money" to the federal government, Leitner created a new business entity, allegedly with Leitner as its sole employee, to allow the client to continue working as a seed dealer without having his wages garnished to repay his debts. Iowans value integrity in their government. Iowans value integrity in their government. Eventually, in mid-2021, the attorney entered an intensive drug-treatment program pursuant to court order. 1. Both cases involve substance abuse that resulted in a series of offenses and probation violations. 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. On December 11, Johnson resolved the Boone County case by pleading guilty to possession of methamphetamine first offense and OWI first offense. v. Marks, 759 N.W.2d 328, 330 (Iowa 2009). Id. 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. A. We take note of two other precedents. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. On June 29, while still representing Denis in the dissolution matter, Gailey met with Dawn. B. Iowas congressional candidates answer questions on, Restaurant inspection update: Sewage, rodent carcasses, mold, Governor's agenda skates past first legislative 'funnel'. Write to your lawyer and ask for a written explanation. Johnson repeatedly combined illegal drug use with driving while intoxicated and driving while under revocation. During that time, he has been privately admonished on at least seven occasions for various offenses, including client neglect and failure to communicate with clients, and he was publicly reprimanded in 2017 for neglecting a clients case. In deciding to recommend a one-year license suspension for attorney Scott D. Fisher of Waukee, the Grievance Commission of the Supreme Court of Iowa cited the sheer number of ethical violations and the number of clients adversely affected by Fishers alleged conduct: Sixteen separate ethics rules were allegedly violated, involving a total of 28 individual violations effecting five separate clients. Having said that, we have little difficulty concluding that Johnson's criminal conduct violated rule 32:8.4(b). Pertinent considerations include 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. booklet to help you choose and work well with a lawyer. Matter of Prop. Third, Johnson has been under a disability suspension (to which he consented) since May 24, 2021. Dawn reviewed a copy of the letter from Denis and asked Gailey what the letter meant. Actions from the April 2023 Teleconference | Iowa Board of Medicine Ct. Att'y Disciplinary Bd. On April 26 the criminal court entered a no-contact order requiring Denis to have no contact with Dawn. A summary of Iowa's attorney disciplinary procedures. This rule makes it professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Thus, even in Johnson, we viewed whether the criminal act occurred in connection with the attorney's law practice as relevant to the sanction. Case No. Office of the Disciplinary Administrator. The Supreme Court is not obligated to accept the commission's disciplinary recommendations and will issue its own ruling at a later date. "His behavior interfering with a represented party who had been deemed incapacitated by the court is disturbing, especially his continuation of the behavior after ordered to cease by the court.". at 78. Courtyard Estates employee Catherine Forkpa, who'd been responsible for safety checks on memory care residents that night, was fired and later charged with second-degree murder. A year later, the attorney possessed and used cocaine again and was ordered to enter an inpatient program. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Iowa State Legislature - The official website of the Iowa Legislature.. Federal Court Opinions. IA Supreme Court Opinions and Cases | FindLaw v. Akpan, 951 N.W.2d 440, 45657 (Iowa 2020) (stating a lack of prior discipline is a mitigating circumstance). The language of rule 32:4.2(a) is substantially similar to our prior disciplinary rule, DR 7-104(A)(1). Generally, courts around the country allow these types of payments by an attorney to a person when the person is called as a witness to testify. at 8. In an attorney disciplinary action, the grievance commission recommends six-month suspension for the attorney's violation of rules of professional conduct. See Iowa Code 124.401(5) (2020); id. v. Aeilts, 974 N.W.2d 119, 125 (Iowa 2022). C. The Dallas County Case. 821 N.W.2d at 87879, 88283. Although McFadden's cases aren't part of the Grievance Commission's case, court records show Leitner has run into difficulty there as well. The most recent complaint against OBrien involved his representation of Damon Krull of Woodbury County in a 2019 child-custody dispute. Leitner responded only that the "investigation is ongoing" and refused to identify what damages McFadden and his businesses purportedly suffered. The Iowa Judicial Building. Iowa Sup. His clients, the commission found, were left livid, scared (and) frustrated. Fisher allegedly suggested the couple represent themselves in court and provided no guidance as to what they should expect at the hearing. Cause Of Action: 42 U.S.C. This resulted in the attorney's arrest, revocation of his parole, and a conviction for third-degree harassment. Due to his substance abuse and disregard of the law, Johnson was convicted in five separate criminal cases over the course of a year. 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. on Prof I Ethics Conduct v. Gartin, 272 N.W.2d 485, 487 (Iowa 1978). You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. But when an ambulance was summoned, Johnson advised that his back was starting to feel better and that he did not need medical attention. To prove a violation of rule 32:8.4(b) the board must show some rational connection between the attorney's conduct and the attorney's fitness to practice law other than the criminality of the act. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. He was ordered by both district courts to complete inpatient treatment for substance abuse. Justia US Law Case Law Iowa Case Law Iowa Supreme Court Decisions 2014 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. AARON J. THOMAS IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. AARON J. THOMAS Annotate this Case. Iowa lawyer accused of lying to the court links Capitol riot to his E. Rule 32:8.4(c).
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