Court records indicate OBrien has been licensed to practice law in Iowa since 1996. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Within two weeks, he left the program by departing the facility on foot. Templeton, 784 N.W.2d at 767. Iowa nursing home sued for discrimination after fatal elder abuse case We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. David Leitner, 67, has been a licensed Iowa attorney since 1979 and has run his own West Des Moines legal practice since 1988. We construe factual stipulations by attempting to determine and give effect to the parties' intentions. An Iowa attorney with a history of neglecting clients cases is facing a one-year suspension of his law license, in part for alleged bullying and outrageous behavior directed toward former clients. Change the fee a lawyer charged or require a refund. L. Guilty Plea in the Jasper County Case. On April 26 the criminal court entered a no-contact order requiring Denis to have no contact with Dawn. Id. 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. More: 'She was screaming in pain': Iowa nursing home cited for gangrene and death. See Iowa Ct. R. 35.12(2). The Iowa Judicial Building. By the time of our decision, the attorney had been under a disability suspension for about seventeen months. His attitude toward treatment was defiant. [A]n attorney who commits a criminal act reflecting adversely on his or her fitness as a lawyer may be found to have violated rule 32:8.4(b) even if the authorities never charged the attorney with a crime. Iowa Sup. Iowa Supreme Ct. Att'y Disciplinary Bd. 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.). v. Dunahoo, Staff Mgmt. Once again, law enforcement found controlled substancesincluding methamphetaminein the vehicle. Violations must be proved by a convincing preponderance of the evidence. After the client left a negative review of Fisher online, Fisher responded, including specific information about Halletts outstanding balance with his law office. at 881. v. Clarity, 838 N.W.2d 648, 662 (Iowa 2013). See Iowa Sup. Thus, we find a rational connection between Gailey's conduct and Gailey's fitness to practice law other than the criminality of the act. A trial information was filed in Dallas County charging Johnson with possession of methamphetamine, possession of oxycodone, and driving while revoked (the Dallas County case). See id. Free and independent journalism is what keeps our public servants accountable and responsive to the people. The Supreme Court is not obligated to accept the commission's disciplinary recommendations and will issue its own ruling at a later date. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. C. Rule 32:8.4(a). All rights reserved. B. Her unparalleled work ethic and calm practicality help her obtain positive outcomes for her clients. Lawyers in 2 states sanctioned over association with national Ct. Att'y Disciplinary Bd. The Iowa Supreme Court Attorney Disciplinary Board charged attorney James Van Ginkel with multiple violations of our disciplinary rules in connection with the probate and closing of the estate of John Oxley. The court found that while there were several aggravating factors to consider in the case, there were no mitigating factors that would suggest leniency was in order. He continued to drive and use controlled substances, even when he was under court orders directing him not to do so. Arrange for another lawyer to be appointed to represent the client. On July 24 the state charged Gailey with tampering with a witness in violation of Iowa Code section 720.4 (2007). 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. In the Supreme Court of Iowa E. Rule 32:8.4(c). After observing that the two forms of suspension serve overlapping but distinct purposes and [b]oth types of suspension protect the public, we took the disability suspension into account in imposing a one-year suspension. Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished O'Brien 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. Actions from the April 2023 Teleconference | Iowa Board of Medicine at 553. Board has authority to take disciplinary action against you under Iowa Code Chapters 17A, 147, 148, and 272C, and Iowa Administrative Code rule 653 - 25.25. . One week later, on February 24, Johnson resolved the first Polk County case by pleading guilty to OWI first offense, and possession of LSD. Gailey must comply with Iowa Court Rule 35.22 dealing with notification of clients and counsel. 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. 2 0 obj We review lawyer disciplinary proceedings de novo. You will now be taken from the global Dentons website to the $redirectingsite website. This Disciplinary Proceeding. In determining an appropriate sanction, we have stated that [t]here is no standard sanction warranted by any particular type of misconduct. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against Watkins on December 18, 2018. Office of the Disciplinary Administrator. The conduct of an attorney helping another person violate a court order evidences the attorney's disrespect for a lawful order of the court. Iowa Atty. Disciplinary Bd. v. Gailey - casetext.com Most recently, he had been convicted of OWI third, a class D felony, and sentenced to an indeterminate five-year term. At no time did Gailey directly ask Dawn to lie or change her testimony. Iowa Supreme Ct. Att'y Disciplinary Bd. Unsolicited emails and other information sent to Dentons will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. The second is the Grievance Commission. Iowa Legal Research Laws. Furthermore, the misconduct here does not include a felony conviction or a conviction for harassment. Write to confirm all important understandings. Iowa R. Profl Conduct 32:8.4(b). Both cases involve substance abuse that resulted in a series of offenses and probation violations. Six weeks later, he violated his parole again and was sent to prison. The first is the Attorney Disciplinary Board. Learn more about FindLaws newsletters, including our terms of use and privacy policy. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. The attorney discipline case going before the Iowa Supreme Court could end that career permanently, as a panel of the Iowa Supreme Court Grievance Commission recommended that Leitner's license be permanently revoked, according to a letter it wrote to the court Jan. 19. These criminal charges proceeded to trial. He maintained a general practice in Ogden that included, among other things, the defense of criminal cases. v. McCarthy, 814 N.W.2d 596, 601 (Iowa 2012). In addition, urine tests on Johnson returned positive for methamphetamine, cocaine, and opiates. at 663 (starting the disciplinary suspension on the date of release of our opinion); Weaver, 812 N.W.2d at 16 (same). 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. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. Click here for the Board's current informational brochure. We have the authority to discipline an attorney who is convicted of a misdemeanor that violates the rules of professional conduct. Id. v. Sears, 933 N.W.2d 214, 221 (Iowa 2019) (alteration in original) (quoting Iowa Sup. at 88081 (We have held that under our code of professional responsibility, attorneys have special responsibilities to refrain from drug possession and possession of drug paraphernalia.). 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. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. Rule 32:4.2(a) provides: Iowa R. Prof'l Conduct 32:4.2(a). The Board is not a collection agency. The first type is a stipulation that admits facts, relieving a party from the inconvenience of proving the facts in the stipulation. v. Bieber, Iowa Supreme Ct. Attorney Discip. Discipline or remove an employee for conduct that violates the judicial branch code of employee ethics. Iowa Supreme Ct. Att'y Disciplinary Bd. Thus, we find Gailey's conduct violated rule 32:8.4(d). When she did finally see the alert, Daniels says, she "followed protocol" and responded to the pending door alarm, leading to Stewart's discovery. He violated probation repeatedly. v. Akpan, 951 N.W.2d 440, 45657 (Iowa 2020) (stating a lack of prior discipline is a mitigating circumstance). We disagree. Accordingly, to allow the parties to make these determinations is against the public policy surrounding our attorney disciplinary system. Court filings show attorneys for plaintiffs repeatedly asked Leitner to identify the offending statements and explain his allegation that the defendants acted "in concert." stream He has won numerous state and national awards for reporting and editorial writing. According to the commission, Fisher now works for Wells Fargo as a strategic sourcing consultant. 890 N.W.2d at 652. Id. One week later, Johnson resolved the Dallas County case by pleading guilty to possession of methamphetamine. We will follow our usual practice of having the disciplinary suspension begin when we issue our decision, subject to the ten-day grace period that became effective on October 1, 2022.2. After numerous sanctions, an Iowa lawyer faces disbarment v. Taylor, 887 N.W.2d 369, 378 (Iowa 2016). 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. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. 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. The Iowa Supreme Court Grievance Commission (commission) recommends a suspension of eighteen months. As we have noted, the parties stipulated to a suspension of twelve to eighteen months, and the commission recommended an eighteen-month suspension. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. Id., cmt. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. r. 34.23(3). Click here for the Board's current informational brochure. She is accusing Courtyard Estates, its parent company Jaybird Senior Living, and two supervisors of racial discrimination in her termination. 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. Id. In February 2019, the Iowa Supreme Court publicly reprimanded Fisher for his alleged neglect of six separate appellate court cases. In accordance with Iowa Code 21.5(1)(a) & (d) and 272C.6(4), the Board will go into closed session to review or discuss records which are required or authorized by state or federal law to be kept confidential, or pending licensee discipline cases and investigations, including any cases ready for final resolution through closure or consent . In Iowa Supreme Court Attorney Disciplinary Board v. Adams, we found a violation of rule 32:1.3 established when an attorney failed to comply with appellate deadlines, failed to file a written plea in advance of a client's arraignment, and then failed to appear at the arraignment itself. Templeton, 784 N.W.2d at 768 (quoting Iowa Supreme Ct. Att'y Disciplinary Bd. Later, the client posted a negative review of Fisher online, to which Fisher responded, We terminated your exs parental rights. The Board has prepared a booklet to help you choose and work well with a lawyer. Engineering/Surveying Examining Board - May 11, 2023 Agenda | Iowa A contested case hearing shall be held in this matter before the Iowa Board of Medicine. Considering Retiring From The Practice of Law? at 650. The attorney has accepted responsibility and consents to a disciplinary suspension of between one year and eighteen months. Daniels also worked that night but in the assisted living wing of the facility. Id. 3 0 obj Id. Id. Discipline of a judicial officer may include suspension without pay for a definite period of time not to exceed twelve months. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. A defense attorney representing Forkpa, who is scheduled for trial in May, declined to comment. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. In re Marriage of Heiar. See Iowa Supreme Ct. Bd. Iowa Legal Research & Court Cases: Find IA Opinions at FindLaw 19-0985. Moreover, the stipulation affirmatively states Gailey did not ask Dawn to lie or change her testimony. We agree with the commission that a lengthy suspension is needed to protect the public. v. Aeilts, Iowa Supreme Court Attorney Disciplinary Bd. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. Iowa Supreme Court Attorney Disciplinary Bd. v. Ginkel Gailey's conduct goes well beyond reimbursement for expenses, reimbursement for time lost from employment, and expert witness fees. The disciplinary case marks the second time Fisher has been accused of ethics violations. The parties to a disciplinary proceeding cannot substitute their judgment as to what conduct constitutes a violation of our ethical rules or what sanction we should impose for such a violation. Krull eventually hired another attorney, but OBrien never refunded the $2,750 or provided an invoice for any services. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. 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. Johnson was again arrested for OWI. Can you complain against the other persons lawyer? These separate incidents occurred less than four months after we reinstated his license following his second OWI conviction. Also, when we determined the appropriate sanction in Johnson, we noted that there was no evidence presented that indicated Johnson neglected or injured any of his clients by his drinking. 774 N.W.2d at 500. Iowa attorney faces disbarment for fraud, dishonesty In re Marriage of Briddle, 756 N.W.2d 35, 39-40 (Iowa 2008). He also told her he thought Denis would be agreeable to a more favorable division of assets in the dissolution case if she were to testify in this manner. ^H;KGrQbEjxod)}/>J His son, Denis, told Gailey the state planned to charge Denis with sexual abuse of his stepdaughter.