Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. This website and its publications are not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content. We give the commission's recommendation respectful consideration although we are not bound by it. 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. A summary of Iowa's attorney disciplinary procedures. McFadden was arrested again in December on new charges alleging he and a fellow bar owner used a GPS tracking device to surveil and harass a romantic partner, but Leitner is not listed as representing McFadden in those cases. Gailey's conduct goes well beyond reimbursement for expenses, reimbursement for time lost from employment, and expert witness fees. All Rights Reserved. Write to confirm all important understandings. At the same time, we are persuaded that a stiffer sanction should be imposed here than we imposed in Stefani, although the two cases are somewhat analogous. A few weeks thereafter, on March 18, a bench warrant was issued in the Dallas County case when Johnson failed to appear for a pretrial conference. On June 29, while still representing Denis in the dissolution matter, Gailey met with Dawn. 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. A representative of the facility reported that Johnson had struggled with motivation and really minimize[d] his use, which he didn't see as a problem. Probation violation reports were filed. On the OWI count, Johnson received a one-year jail sentence with all but ten days suspended and was placed on probation for one year. Johnson was involved in five separate criminal incidents in the course of just over a year. On December 21, 2018, Capotosto and the Iowa Supreme Court Attorney Disciplinary Board jointly filed a stipulation of facts and rule violations. Ask your lawyer what to expect. dennis.tibben@iowa.gov, or Assistant Attorney General Katie Carl at 515-281-6661 . IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Gerald Anthony Lyman MOOTHART, Respondent. She is accusing Courtyard Estates, its parent company Jaybird Senior Living, and two supervisors of racial discrimination in her termination. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. Oxley, J., delivered the opinion of the court, in which all justices joined. The only difference between Daniels and the prior day's workers and duty nurse, she alleges, is that Daniels is black and the other employees are white. Upon our review, we concur the respondent violated our ethical rules and suspend his license to practice law for sixty days. by Clark Kauffman, Iowa Capital Dispatch May 31, 2021. 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. Wesley Johnson became a licensed Iowa attorney in 2008. The disciplinary case marks the second time Fisher has been accused of ethics violations. The entire complaint process is confidential until such time as the Grievance Commission files a report of its findings and a recommendation of public discipline with the Iowa Supreme Court. Iowa Supreme Court Attorney Disciplinary Bd. v. Moothart - Casetext Co. v. Jimenez, Iowa Supreme Court Attorney Disciplinary Bd. We agree with the commission that a lengthy suspension is needed to protect the public. In addition, urine tests on Johnson returned positive for methamphetamine, cocaine, and opiates. Daniels' attorney did not return a message seeking comment on the suit. 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. In an attorney disciplinary action, the grievance commission recommends six-month suspension for the attorney's violation of rules of professional conduct. 21-0696: LS Power Midcontinent, LLC v. State Filed Mar 24, 2023 View Opinion No. v. D'Angela, 710 N.W.2d 226, 230 (Iowa 2006) (quoting Iowa Supreme Ct. Bd. John Gailey is a seventy-four-year-old attorney, practicing law for forty-five years in Iowa. Most complaints that involve the behavior of an attorney outside the practice of law, such as rudeness, the use of profanity, landlord-tenant disputes and debtor-creditor matters, are not within the Boards jurisdiction. Others are not. The court noted that Johnson had already received a substance abuse evaluation and ordered him to complete any recommended programming. Iowa Code - FindLaw's hosted version of the state code of Iowa. Applying these principles to a disciplinary case, we will rely on the stipulation to determine the facts in issue. The Board is not funded by the taxpayers of Iowa. If you change your address or phone number, let your lawyer know right away. 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. the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. Finally, if we find a violation, we will determine the appropriate sanction. Attorney wellness is defined as a separate, designated, and dedicated session of instruction designed to help attorneys detect, prevent, or respond to substance-related disorders or mental illness that impairs professional competence. Id. G. Guilty Plea in the First Polk County Case. 2. Supreme Court Opinions | Page 2 - Iowa Judicial Branch Mr. Sporer will bring the ability to impact the law to your case even when the existing law is against you. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. Rule 32:8.4(b) provides that "[i]t is professional misconduct for a lawyer to . Another aggravating factor is a previous private admonishment for making an extrajudicial statement regarding a pending criminal matter concerning his two sons. Opinions - FindLaw cases and resources for the Eighth Circuit Court of Appeals. This is true even where the responding attorney admits the alleged conduct and the rule violations in the complaint. Plaintiff: Jessica Laurie. Contact Me Get in Touch! . Gailey must comply with Iowa Court Rule 35.22 dealing with notification of clients and counsel. We suspend Johnson's license to practice law in Iowa indefinitely with no possibility of reinstatement for one year. 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) Id. v. Schmidt, Supreme Court Attorney Disc. The commission recommended that Johnson's disciplinary suspension should commence only after his disability suspension is lifted. engage in conduct that is prejudicial to the administration of justice." The commission considered the matter on the basis of the parties stipulation without further submission or hearing. v. Newport, 955 N.W.2d 176, 184 (Iowa 2021) (quoting Iowa Sup. 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. In filing a complaint, please identify the nature of the legal matter the lawyer was handling (dissolution of marriage, criminal, personal injury, etc. v. Stoller, 879 N.W.2d 199, 221 (Iowa 2016) ([W]e do consistently recognize seeking mental health or other substance abuse treatment as a mitigating factor.). Daniels told inspectors she checked Stewart's room, found it empty, then with Forkpa found her outside and called 911. . 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. Gailey, 790 N.W.2d at 806. A contested case hearing shall be held in this matter before the . 124.401(5); id. He was ordered by both district courts to complete inpatient treatment for substance abuse. 2023 Dentons. Yet a key consideration is that Johnson's misconduct was not limited to possession offenses. 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." How frequently and by what means will we communicate? Copyright 2023, Thomson Reuters. The attorney has accepted responsibility and consents to a disciplinary suspension of between one year and eighteen months. . r. 34.17(7). The stipulation contained a stipulation of facts and a stipulation recommending a thirty-day suspension. Iowa R. Prof'l Conduct 32:4.2(a). Citing Iowa Supreme Court Attorney Disciplinary Board v. Johnson, 774 N.W.2d 496, 499 (Iowa 2009), overruled in part by Templeton, 784 N.W.2d 761, the commission observed, In disciplinary cases, it is irrelevant that the respondent was not acting as an attorney when committing the acts that led to the conviction. We think the word irrelevant overstates the matter. The most recent complaint against OBrien involved his representation of Damon Krull of Woodbury County in a 2019 child-custody dispute. The final issue is when Johnson's disciplinary suspension should begin. 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. The Board has prepared a booklet to help you choose and work well with a lawyer. 2001). If a lawyer violates an ethical rule, the lawyer may be disciplined. See id. Ct. Att'y Disciplinary Bd. Fisher was also accused of ethics violations tied to his representation of an Iowa woman in a divorce case. On Friday, the court opted to instead impose a three-year suspension. Templeton, 784 N.W.2d at 768 (quoting Iowa Supreme Ct. Att'y Disciplinary Bd. Iowa Supreme Court Attorney Disciplinary Bd. v. Watkins 821 N.W.2d at 87879, 88283. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. We have not followed that course of action in the past. Attorney Discipline | Iowa Judicial Branch The first type is a stipulation that admits facts, relieving a party from the inconvenience of proving the facts in the stipulation. In an inheritance dispute involving a woman judged not competent to manage her affairs, Leitner continued meeting with the woman despite repeated instructions from the court and her court-appointed guardian to desist, and filed a lawsuit purportedly on her behalf against her guardian that resulted in sanctions for disregarding the court's orders. 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 . Give documents and information to your lawyer promptly. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, vs. ANDREW GATTON AEILTS, Appellant. at 1516. The language of rule 32:4.2(a) is substantially similar to our prior disciplinary rule, DR 7-104(A)(1). The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. The record also reveals that Gailey did not have the permission of Dawn's attorney when they had that conversation. r. 34.23(3). F. Rule 32:8.4(d). . zOkI b`rWa5"d]R_L/({G?h4nM]]50zaIQco;WoVm/zkRB6P(}I!<7x zW ^Ku The Board is not a collection agency. The Attorney Disciplinary Process | Iowa Judicial Branch In light of all of the foregoing, we conclude Johnson's license should be suspended with no possibility of reinstatement for one year. Fee arbitration is an alternative method of resolving a fee dispute. In Iowa Supreme Court Attorney Disciplinary Board v. Gailey, 790 N.W.2d 801 (Iowa 2010), we recently had occasion to interpret this rule. Id. imposing sixty-day suspension of license of respondent with two incidents of prior discipline for aiding and abetting client's violation of a no-contact order and offering witness an inducement to testify that is prohibited by law. Using the stipulation of the parties together with our review of the record, we make the following findings of fact. If you do not get a satisfactory reply, you may file a complaint. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. . Johnson accumulated additional convictions because he drove under the influence, putting other lives at risk. Here, Gailey had knowledge of his son's intent to violate the no-contact order by having the letter delivered to Dawn. 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. We believe the best way to protect the public against a potential relapse is to place appropriate conditions on Johnson's reinstatement. See Iowa Sup. Id. holding attorney who represented his son in divorce proceedings violated rule prohibiting conduct prejudicial to the administration of justice when he aided his son in violating a no-contact order, rejecting recommended 30-day suspension and ordering 60-day suspension for offering money to a witness "as an inducement for her to testify in a certain way", 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, relying on cases applying prior disciplinary rule DR 7104 in interpreting its successor, rule 32:4.2, equating rule 32:4.2 with its predecessor Iowa Code of Prof'l Responsibility DR 7104, noting we treat stipulations to rule violations like settlement agreements and enforce the stipulation unless "unreasonable, against good morals, or contrary to sound public policy". 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. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. 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." DEIJ Policy | Ethics Policy | Privacy Policy. Counsel represented her in the dissolution matter. at 652. All justices concur except CADY, J., who takes no part. Graen's Mens Wear, Inc., 329 N.W.2d at 299. Id. 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). However, criminal or fraudulent conduct may be subject to discipline. 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. Sometimes lawyers handle money for clients. If an investigation is opened, the Board sends notice with a copy of the complaint to the lawyer, who is required to provide a timely written response. 0:00. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010) (The mere commission of a criminal act does not necessarily reflect adversely on the fitness of an attorney to practice law.). Rule 32:4.2(a) provides: Iowa R. Prof'l Conduct 32:4.2(a). He continued to drive and use controlled substances, even when he was under court orders directing him not to do so. Despite that, we try to achieve consistency with our prior cases when determining the proper sanction. Templeton, 784 N.W.2d at 769. 'Bullying' Iowa lawyer who 'completely botched' a case faces license Templeton, 784 N.W.2d at 767 (quoting In re Conduct of White, 311 Or. The Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. After making his initial appearance in the case, according to the board, OBrien never filed any paperwork in the matter and never communicated again with Krull, despite the clients numerous phone calls and visits to his office. Iowa Supreme Court Attorney Disciplinary Bd. v. Capotosto - Casetext Rule 32:4.2(a). Please see our republishing guidelines for use of photos and graphics. The stipulation acknowledged Gailey did not ask Dawn to lie or change her testimony. We will discuss each allegation separately. See Templeton, 784 N.W.2d at 76869. 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. 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. Change the fee a lawyer charged or require a refund. & New Hampshire Ins. See Iowa Ct. R. 35.12(2). Most complaints are filed by clients, but this is not a requirement. 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). A. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Even in the wake of earlier failures, attorneys should receive credit for addressing their substance abuse issues. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. Free and independent journalism is what keeps our public servants accountable and responsive to the people. Cause Of Action: 42 U.S.C. Cases, Dockets and Filings in Iowa | Justia Dockets & Filings Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Jaybird Senior Living does not yet have an attorney listed representing it, and a message to the company about the suit also was not returned. Johnson admitted that he had used methamphetamine two days before and that he had been using it for approximately one year. He had eyelid tremors and an elevated pulse rate of 124 beats per minute. Id. Topeka, KS 66603-3729. Iowa Supreme Ct. Att'y Disciplinary Bd. Matter of Prop. Iowa Attorney Disciplinary Bd. Legal Profession Blog Leitner responded only that the "investigation is ongoing" and refused to identify what damages McFadden and his businesses purportedly suffered.
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