The Boards jurisdiction extends to the attorneys license alone. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. Can you complain against the other persons lawyer? Ct. Att'y Disciplinary Bd. Fisher failed to do so. Fisher pursued a custody modification action in September and then a termination action in November. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. Ct. Att'y Disciplinary Bd. Ten were misdemeanor OWIs; two were felonies. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. See Iowa Sup. 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. We do not apply a standard sanction in particular types of attorney disciplinary cases. D. J.H. C. Iowa Rule of Professional Conduct Rule 32:8.4(d). Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. Stay up-to-date with how the law affects your life. Further, the messages were not unlike requests for leniency and a quick disposition an attorney might ask for any other client. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. On Friday, the court opted to instead impose a three-year suspension. Ct. Att'y Disciplinary 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. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. Instead, it is enough that Aeilts made the false statements with a casual, reckless disregard for the truth. Marzen, 949 N.W.2d at 239 (quoting Muhammad, 935 N.W.2d at 28). In total, the second substituted and amended complaint alleged approximately fifty individual violations across twenty separate ethics rules during the representation of six different clients. Ct. Att'y Disciplinary Bd. Iowa Sup. Ct. Att'y Disciplinary Bd. 22-1646 Case No. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Ct. Att'y Disciplinary Bd. 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! Based on these violations, the commission recommended a suspension of one year. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. Most complaints are filed by clients, but this is not a requirement. at 68283. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. 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. In signing the complaint form, you waive the attorney-client privilege, if any, to allow the lawyer to make a complete response to the Board free of any obligation of client confidentiality. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. When assessing whether a lawyer has violated rule 32:8.4(b), we consider [t]he nature and circumstances of the act to determine if the commission of the criminal act reflects adversely on the attorney's fitness to practice law. Iowa Sup. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). First, Aeilts's allocution statements were not off-the-cuff nervous chatter but were made, in his words, specifically to clarify a misrepresentation that was made about [his] history. Second, we are particularly troubled by Aeilts's attempt to minimize his experience to look more favorable to the sentencing judge. Ct. Att'y Disciplinary Bd. We stated, [I]t does not appear that Ramey was attempting to deceive the court. The commission granted the motion for sanctions. A. If you are dissatisfied, let your lawyer know why. He was clearly intoxicated during the incident as he later blew a .122. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. The Board recommends a six-month suspension, while Aeilts asks for thirty days. 45.7(4) (notification of fee withdrawal). When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). 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. Iowa Sup. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. 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. at 36. 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). WebCase No. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. The Board requested any fee agreements, all trust account records, all subaccount records, and all notices sent to clients upon withdrawal of funds held in trust with regards to Reiter, Curry, A.H., and C.B.W. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. 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. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. 1. Aeilts argues that prior cases involving frivolous filings are more comparable to his case. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. There are several present here. to represent themselves pro se because most of the work was done. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! See Iowa Sup. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. This is a review of an attorney disciplinary proceeding against the respondent, Scott D. Fisher, currently of Apex, North Carolina (formerly of Waukee, Iowa), an attorney admitted to practice law in Iowa since 2007. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. We give each of these cases their due weight. Although he said he had never even handled a simple assault, he had actually represented clients for assault in two separate criminal cases. 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? Ct. Att'y Disciplinary Bd. A. Haylie Reiter. Weather related closures Wednesday, February 22, 2023, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of Ct. Att'y Disciplinary Bd. 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. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The court system and the public we serve are damaged when our officers play fast and loose with the truth. We review attorney disciplinary proceedings de novo. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 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. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. 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. 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. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. Sometimes, but such complaints often fail to understand our adversary system of justice. 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. See Iowa Sup. 32:3.4(d) (diligence with regard to discovery). The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. 32:1.5(a) (unreasonable fee agreement). The Board will determine whether there was an ethical violation and, if so, the appropriate next action. 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. All of these representations to the court were false. Contact us. C. Dustin Hallett. We briefly summarize the commission's factual findings surrounding the ethics violations. Ct. Att'y Disciplinary Bd. at 467. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. No. At his sentencing hearing on February 18, 2020, Aeilts stated during his allocution to the court: I would like for the record's sake to clarify a misrepresentation that was made about my history. Identifying mental health issues and seeking treatment is a significant first step. 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. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Ct. Att'y Disciplinary Bd. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. The commission concluded that Aeilts violated all the rules alleged by the Board but agreed with Aeilts that he did not violate rule 32:8.4(d) when he texted the assistant county attorney. 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. We agree with the commission that Aeilts's conduct in texting Robinson did not interfere with or prejudice the administration of justice and did not violate rule 32:8.4(d). 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. No. However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. More information about the complaint process is available here. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. The court placed Aeilts on supervised probation for one year, imposed a civil penalty, and required Aeilts to complete fifteen hours of unpaid community service. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. C. Appropriate Sanction. 21-0774 WebCase No. Ct. Att'y Disciplinary Bd. at 78385. 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. Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. 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 is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). 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. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. 21-0774 WebOral Argument Schedule. Aeilts maintains that he did not intentionally make false statements to the court, relying on Iowa Supreme Court Attorney Disciplinary Board v. Sobel, 779 N.W.2d 782 (Iowa 2010). Iowa Sup. 45.2(3)(a) (complete records of funds and other property). v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. Characterizing his conduct as an extraordinary one-time occurrence that is out of character for him, we suspended his license for six months to protect the integrity of the judicial system and the lawyers who work within it. Id. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). No. Arrange for another lawyer to be appointed to represent the client. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. The Board cannot impose fines, imprison an attorney, obtain a financial settlement or reduction of fees, or change the outcome of a civil or criminal case. The second is the Grievance Commission. The recorded conversation revealed that Cornelison made no such threat. Ct. Att'y Disciplinary Bd. I had handled maybe two or three OWIs. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). Ct. Att'y Disciplinary Bd. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). v. Barry, 762 N.W.2d 129, 139 (Iowa 2009)). 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. v. Widdison, 960 N.W.2d 79, 98 (Iowa 2021) (suspending lawyer's license for ninety days because he filed a frivolous case against his ex-wife); Iowa Sup. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. WebThe first is the Attorney Disciplinary Board. Finally, Aeilts cooperated with the Board, which is a mitigating factor. However, because we review attorney disciplinary matters de novo, we address each alleged violation. 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 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. Id. Aeilts was arrested by the Marion County Sheriff's Office for Operating While Under the Influence First Offense in violation of Iowa Code section 321J.2(2)(a). Aeilts also falsely subjected Cornelison to criminal charges for harassment based on his misrepresentations to Officer Donelsoncharges Cornelison was able to avoid only because he had an audio recording of the phone call. Id. We turn first to Aeilts's misrepresentations during his allocution. We conclude Aeilts violated rule 32:8.4(b). v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. Lawyers, like other professionals, sometimes make mistakes. Ct. Att'y Disciplinary Bd. Donelson asked Aeilts if he had a recording of the conversation. The law will make inferences as to a lawyer's knowledge with those considerations in mind. At the time of his allocution, Aeilts had only been practicing for five years. Click here for the Board's current informational brochure. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. I had never handled so much as a simple assault. An attorney's conduct is prejudicial to the administration of justice when it violates the well-understood norms and conventions of the practice of law such that it hampers the efficient and proper operation of the courts or of ancillary systems upon which the courts rely.. The convincing preponderance of the evidence standard is less demanding than proof beyond a reasonable doubt, but requires a greater showing than the preponderance of the evidence. Iowa Sup. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. He maintains a private law practice with his wife in Pella, Iowa. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. It also has 35 lay members. The second is the Grievance Commission. 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. How frequently and by what means will we communicate? Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. After telling Officer Donelson about Cornelison's alleged threats, he specifically requested that harassment charges be brought against Cornelison. Whether Aeilts was requesting a simple misdemeanor harassment charge or an indictable harassment charge, he still made misrepresentations to the police with potentially serious criminal consequences for Cornelison. As my professional statement, I did not know that to be true. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). 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. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. Based on Aeilts's violations and the aggravating and mitigating factors in this case, we agree with the Board and the commission that Aeilts's license should be suspended for six months. Fisher's failure to notify Reiter of outstanding opposing attorney fees and to timely return complete discovery to the opposing party led to contempt charges against Reiter. Get a free directory Aeilts completed eight years of service in the Armed Forces, which we consider a mitigating factor. 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. The court were false Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC 2017, Michelle Curry hired to... ( c ), for appellee: may 13, 2022 Oxley J.. Believe that your lawyer is acting improperly in representing conflicting interests, may... 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