IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Ct. Att'y Disciplinary Bd. His actions reveal a disrespect for the law and law enforcement. WebThe first is the Attorney Disciplinary Board. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. One's fitness to practice law is determined by more than one's competency in legal matters. No. 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). Ct. Att'y Disciplinary Bd. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. 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. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Iowa Sup. We briefly summarize the commission's factual findings surrounding the ethics violations. We conclude Aeilts violated rule 32:8.4(b). The record does indicate several times where Fisher directly apologized to testifying witnesses about their previous interactions and that he voluntarily dismissed a small claims judgment against Hallett. Upon our de novo review of the record, we suspend Fisher's license for one year. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. Ct. Att'y Disciplinary Bd. 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. 45.2(3)(a) (complete records of funds and other property). We give each of these cases their due weight. 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. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). 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). At no point during the three-minute-and-thirty-two-second audio recording did Cornelison make any threats that he was going to physically assault or harm Aeilts. A lawyer is an adult, a man or woman of the world, not a child. 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. 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. Ct. Att'y Disciplinary Bd. We do not apply a standard sanction in particular types of attorney disciplinary cases. If a lawyer violates an ethical rule, the lawyer may be disciplined. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). Fisher did not provide replacement counsel despite offering to do so and told C.B.W. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. We suspended his license for three months. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. AEILTS. We stated, [I]t does not appear that Ramey was attempting to deceive the court. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. Id. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. 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! 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. 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. Lastly, it can file complaints with the Grievance Commission. I had never handled a harassment charge. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). 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. Ct. Att'y Disciplinary Bd. We disagree. Iowa Sup. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. 21-0672 Case No. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. If you change your address or phone number, let your lawyer know right away. 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. v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. 21-0774 This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. We typically impose a longer suspension where there is harm and multiple violations. Further, the messages were not unlike requests for leniency and a quick disposition an attorney might ask for any other client. 32:8.4(d) (misconduct prejudicial to justice). See McGinness, 844 N.W.2d at 46364. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. v. Deremiah, 875 N.W.2d 728, 737 (Iowa 2016). 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). We reject Aeilts's attempt to chalk his actions up to inexperience. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). 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. 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. C. Appropriate Sanction. at 78385. You should contact your local bar association to determine if it has a committee to which your fee dispute may be submitted. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. See Iowa Sup. 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. 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. It is physically and operationally separate from the Attorney Disciplinary Board. 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. Get a free directory This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. The Grievance Commission is made up of members that are geographically and gender-balanced. When determining whether a lawyer violated rule 43:8.4(c), we focus on whether the effect of the lawyer's conduct is to mislead rather than to inform. Haskovec, 869 N.W.2d at 560. Considering Retiring From The Practice of Law? Sometimes lawyers handle money for clients. Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. See Iowa Sup. ; see also Iowa Sup. Copyright 2023, Thomson Reuters. Curt N. Daniels, Chariton, Introduction. 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). Based on these violations, the commission recommended a suspension of one year. 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 See Iowa Sup. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). We need not decide whether Aeilts intentionally misled the court. 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. Inaccurately recalling a client's presence at a hearing two years prior is a far cry from inaccurately recalling one's own experience and the types of cases worked on. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. 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. Copyright 2023, Thomson Reuters. Id. 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. at 78788. Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. We have imposed suspensions ranging from sixty days to eighteen months for engaging in conduct prejudicial to the administration of justice when compounded by additional violations. Iowa Sup. 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. 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