The ADB can dismiss meritless complaints and can issue certain types of discipline. Ct. Att'y Disciplinary Bd. Finally, Aeilts cooperated with the Board, which is a mitigating factor. Iowa R. Prof'l Conduct 32:3.3. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. Ct. Att'y Disciplinary Bd. What are the unpredictable factors? The following considerations factor into our determination of whether there was a rule 32:8.4(b) violation: 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. G. Trust Account Violations. 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. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. We give each of these cases their due weight. 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. v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). Aeilts also misrepresented material facts to law enforcement when he reported to Officer Donelson that Cornelison threatened to physically assault him, seeking to press criminal charges for harassment and obtain a no-contact order. 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. In Ramey, we held that a prosecutor's statement to the district court that he personally checked the serial numbers on the bills he was offering as an exhibit with the serialized list was a misrepresentation in violation of DR 1102(A)(4), the precursor to rule 32:8.4(c). 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. We agree with the commission's analysis of the aggravating and mitigating circumstances. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. so that C.B.W.s current spouse could adopt L.M. Prior to being booked into the Marion County jail, Aeilts sent Assistant Marion County Attorney Mathias Robinson two text messages at 5:28 a.m. that read: Need help and 911. Aeilts knew Robinson socially and occasionally communicated with him by text message regarding cases. 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. Cases involving false statements have a wide range of sanctions. Lastly, we have the discretion to impose a greater or lesser sanction than what the commission has recommended upon proof of an ethical violation. Kieffer-Garrison, 951 N.W.2d at 36 (quoting Noel, 923 N.W.2d at 582). Even if we credited Aeilts's argument that he forgot the details of his practice in the heat of the moment, which we don't, his sloppy or casual misrepresentations during his own sentencing allocution would still violate rule 32:8.4(c) under Ramey. Lawyers, like other professionals, sometimes make mistakes. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Instead, a prosecutor from another county handled Aeilts's case. See Iowa Sup. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). The commission recommended Aeilts's license to practice law be suspended for six months. The whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy. Iowa Sup. 2023 Iowa Judicial Branch. Write to confirm all important understandings. I was not a criminal defense attorney. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Ct. Att'y Disciplinary Bd. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. A complainant need not be a US citizen. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. The second incident giving rise to the Board's complaint against Aeilts occurred less than a month later on September 16, when Aeilts drove while intoxicated. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. Rule 32:8.4(c) bars a lawyer from engag[ing] in conduct involving dishonesty, fraud, deceit, or misrepresentation. Iowa R. Prof'l Conduct 32:8.4(c). The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. 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). We stated, [I]t does not appear that Ramey was attempting to deceive the court. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. 32:8.4(d) (misconduct prejudicial to justice). Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct See Iowa Sup. Ct. Att'y Disciplinary Bd. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. All members are unpaid volunteers appointed by the Supreme Court. at 460. It is physically and operationally separate from the Attorney Disciplinary Board. Click here for the Board's current informational brochure. The conduct bringing Aeilts to the Board's attention began on August 21, 2018, when Randy Cornelison, the father of one of Aeilts's clients, called Aeilts to complain about the lack of progress on his son's custody case and to get his son's retainer back. Attorney & Client 103, at 24 (2015)). It consists of 25 lawyers from District 5C, 15 lawyers from District 5A,10 lawyers from District 6, and 5 lawyers from each other judicial election district. See Iowa Sup. On their face, there was nothing untoward about the messages. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). Id. 844 N.W.2d 456, 46263 (Iowa 2014). If a lawyer violates an ethical rule, the lawyer may be disciplined. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. Ct. Att'y Disciplinary Bd. How long will the matter take? 32:8.1(b) (responding in disciplinary proceedings). 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. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. Fisher hired a process server but either lost or never obtained proof of service. Honesty is the hallmark of the legal profession. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). Recent Iowa ethics opinions and orders suggest the following areas in which Iowa lawyers are more likely to experience difficulty, and prompt the following advice: The attorney disciplinary process in Iowa involves two separate entities. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. 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. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Stay up-to-date with how the law affects your life. at 513. 160, 27 L.Ed.2d 162 (1970). The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Iowa Sup. Recognizing the potential for someone to not have perfect recollection of an event, we remarked that the inability of a person to accurately recall an event does not necessarily lead to the conclusion that the person's inaccurate recollection is an expression of dishonesty or deceit. Id. A. Haylie Reiter. Id. Moreover, Fisher's posttrial brief appears to shift a substantial amount of blame to his clients, opposing counsel, and even judges for his ethics violations. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. 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