21-0672 Case No. It also has 35 lay members. Ct. Bd. A. Iowa Rule of Professional Conduct 32:8.4(b). The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct at 78385. WebCase No. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. 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). Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. Id. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. 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. Iowa Sup. 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. Ct. Att'y Disciplinary Bd. 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. 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.. 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. Here, the commission determined Fisher's remorse was not genuine repentance but in response to ethical charges. They then issue a Finding of Fact and Recommendation of Sanction. Curt N. Daniels, Chariton, Contact us. 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. 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. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. G. Trust Account Violations. Andrew Aeilts was admitted to practice law in Iowa in 2015. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. Id. 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. Johnson, 774 N.W.2d 496, 499, 501 (Iowa 2009) (per curiam) (suspending lawyer's license for six months for third offense OWI), overruled in part by Templeton, 784 N.W.2d at 768; Weaver, 812 N.W.2d at 13, 16 (suspending lawyer's license for two years for second offense OWI and harassment in the third degree). The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. The Boards jurisdiction extends to the attorneys license alone. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. 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. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. 22-1646 Case No. Write to confirm all important understandings. Iowa Sup. Get a free directory The law will make inferences as to a lawyer's knowledge with those considerations in mind. The lawyer must promptly and completely account for a clients money. In Khowassah, we found an attorney violated rule 32:8.4(b) when he committed his second OWI and rule 32:8.4(c) because he kept military leave pay that he was not entitled to receive. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. The Board and Fisher agree that a one-year suspension is appropriate. Our last issue is to determine the appropriate sanction. 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. 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). On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. Iowa Sup. [M]isrepresentation is a serious breach of professional ethics. Id. 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. Iowa Sup. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. We agree with the commission that Aeilts's conduct during his allocution violated rule 32:8.4(c). Click here for the Board's current informational brochure. 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. Fisher denied the remaining allegations in his answer. The commission's report recommended that we suspend Fisher's license to practice law for one year. The commission determined Fisher violated the following ethics rules, several of which reoccurred between clients: 32:1.4(a)(2), (3), and (4) (client communication). Here, Aeilts sought to have Cornelison prosecuted for harassment, having no reasonable grounds for believing he committed harassment; Aeilts's report caused law enforcement and prosecutorial resources to be diverted in an investigation; and Aeilts's conduct hampered the efficient and proper operation of the ancillary systems upon which the courts rely. 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. Ct. Att'y Disciplinary Bd. 160, 27 L.Ed.2d 162 (1970). [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. Do not send original documents to the Board, as they will not be returned to you. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. 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. This led to more continuances and an order to show cause against Fisher. Fisher took daily medication of Prozac and Xanax. Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 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. Ct. Att'y Disciplinary Bd. Curt N. Daniels, Chariton, Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. Ct. Att'y Disciplinary Bd. 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). Copyright 2023, Thomson Reuters. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. 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. Ct. Att'y Disciplinary Bd. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. WebOral Argument Schedule. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. Ct. Att'y Disciplinary Bd. Write to your lawyer and ask for a written explanation. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. The Iowa Supreme Court has granted immunity to anyone who files a complaint or gives testimony with regard to a complaint. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. We stated, [I]t does not appear that Ramey was attempting to deceive the court. We conclude Aeilts violated rule 32:8.4(b). 32:8.1(b) (responding in disciplinary proceedings). Upon our de novo review of the record, we agree with the commission's factual findings. The record does not indicate Fisher's conditions directly caused the violations in the complaint. Ct. Att'y Disciplinary Bd. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). Id. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! at 460. Ten were misdemeanor OWIs; two were felonies. 45.7(4) (notification of fee withdrawal). Id. I had never handled so much as a simple assault. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. In fact, it does the opposite. 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. Fisher also filed a frivolous motion for sanctions. WebThe 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. We must consider any mitigating or aggravating factors before we determine a sanction. 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. 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. Considering Retiring From The Practice of Law? All of these representations to the court were false. See Iowa Sup. Get a free directory Aeilts's alleged inexperience provides no excuse for his violation of this rule. At the time of the facts giving rise to this case, I was not a criminal defense attorney. If you do not get a satisfactory reply, you may file a complaint. What are the unpredictable factors? Ct. Att'y Disciplinary Bd. Lawyers are required to be reasonably prompt and to keep clients reasonably informed. How long will the matter take? Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. See Iowa Sup. I was not a criminal defense attorney. We agree with the commission's legal conclusions based on our analysis of the record. Marzen, 949 N.W.2d at 243. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. No. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. Introduction. so that C.B.W.s current spouse could adopt L.M. 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. Ct. Att'y Disciplinary Bd. 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. Id. On October 1, Aeilts was charged with Malicious Prosecution in violation of Iowa Code section 720.6 and with False Report of an Indictable Offense to a Public Entity in violation of Iowa Code section 718.6(1) for his conduct related to pressing harassment charges against Cornelison. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. 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. Upon our de novo review of the record, we suspend Fisher's license for one year. Review of Analogous Cases. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. 22-1646 Case No. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). No. He maintains a private law practice with his wife in Pella, Iowa. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Others are not. All members are unpaid volunteers appointed by the Supreme Court. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 32:8.4(b), 32:8.4(c), and 32:8.4(d). The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. 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. 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