We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). The Board and Fisher agree that a one-year suspension is appropriate. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. Rule 32:8.4(b) prohibits a lawyer from commit[ing] a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Iowa R. Prof'l Conduct 32:8.4(b). Upon our de novo review of the record, we suspend Fisher's license for one year. Moreover, much of the misconduct occurred after his last visit with his psychiatrist. Click here for the Board's current informational brochure. 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. at 460. Weather related closures Wednesday, February 22, 2023, Archived Supreme Court Opinions Prior to 2017, Archived Court of Appeals Opinions from 1/10/2018 to 2/7/2018, Archived Court of Appeals Opinions from 2017 and Earlier, How to Become a Qualified Court Interpreter in Iowa, Information for Current Court Interpreters, State Court Administration Organizational Chart, Submission of CLE Programs by CLE Sponsors. Andrew Aeilts was admitted to practice law in Iowa in 2015. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). v. Stowers, 823 N.W.2d 1, 717 (Iowa 2012) (suspending a lawyer's license for ninety days after he sent emails to his wife's former employer threatening to expose confidential information in violation of a protective order in an attempt to get her former employer to make a large cash donation to a charity in his wife's name); Iowa Sup. Considering Retiring From The Practice of Law? v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. Id. See Iowa Sup. Fisher and the Board did not contest the commission's legal conclusions. See Iowa Sup. Arrange for another lawyer to be appointed to represent the client. v. Nine, 920 N.W.2d 825, 82728 (Iowa 2018)). Click here for the Board's current informational brochure. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of We reject Aeilts's attempt to chalk his actions up to inexperience. v. Meyer, 944 N.W.2d 61, 69 (Iowa 2020)). A lawyer may violate rule 32:8.4(c) when he fails to disclose a material fact. The record does not indicate Fisher's conditions directly caused the violations in the complaint. Ct. Att'y Disciplinary Bd. 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). Ct. Att'y Disciplinary Bd. In response to Cornelison's request for the return of his son's $400 retainer, Aeilts filed a false police report and requested harassment charges be brought against Cornelison. Fisher denied the remaining allegations in his answer. Id. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. Iowa Sup. In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. 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. The nature of Aeilts's conduct is an aggravating factor in this case. 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 513. See Iowa Sup. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. 22-1646 Case No. v. Said, 953 N.W.2d 126, 155 (Iowa 2021) (holding attorney's representation of an underserved population is a mitigating factor). There are several present here. Such testimony will be under oath and you will be subject to cross-examination. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. Ct. Att'y Disciplinary Bd. There is no temporal overlap to mitigate Aeilts's conduct, and we reject his argument to the contrary. All members are unpaid volunteers appointed by the Supreme Court. Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. Fisher ultimately moved to withdraw on Friday, July 20, at 2:21 p.m. before a Monday, July 23 8:30 a.m. termination hearing after deciding to accept a new nonlegal job offer with a July 23 start date. The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. He has no prior discipline, which we also consider a mitigating factor, though we give this factor little weight because his misconduct began shortly after he was admitted to the bar. Lawyers, like other professionals, sometimes make mistakes. He or she is also better educated than most people, more sophisticated and more sharply sensitized to the legal implications of a situation. v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). 22-1646 Case No. (quoting Templeton, 784 N.W.2d at 767). Considering Retiring From The Practice of Law? Aeilts drove his car through a cornfield, damaging his vehicle and the field, and placed other drivers at risk of injury when he then drove another six miles before being stopped. WebOral Argument Schedule. Ct. Att'y Disciplinary Bd. 32:3.4(d) (diligence with regard to discovery). 844 N.W.2d 456, 46263 (Iowa 2014). If you are dissatisfied, let your lawyer know why. All rights reserved. We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. He maintains a private law practice with his wife in Pella, Iowa. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). 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). 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. Id. 45.2(3)(a) (complete records of funds and other property). 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. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. Iowa Sup. The commission set forth its factual findings, conclusions of law, analysis of mitigating and aggravating factors, and sanction in a report filed March 8, 2021. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. Instead, a prosecutor from another county handled Aeilts's case. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. He was clearly intoxicated during the incident as he later blew a .122. 160, 27 L.Ed.2d 162 (1970). ; see also Iowa Sup. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. (quoting Iowa Sup. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. 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. Fisher also filed a frivolous motion for sanctions. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. v. Bartley, 860 N.W.2d 331, 337 (Iowa 2015). 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. The whole structure of ethical standards is derived from the paramount need for lawyers to be trustworthy. But Aeilts's conduct was not limited to a three-week timeframe; Aeilts misrepresented his professional experience to the court during his allocution over a year after he made the false police report. 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! Ct. Att'y Disciplinary Bd. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). Can you complain against the other persons lawyer? Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. at 180. I had never handled so much as a simple assault. Others are not. Ct. Att'y Disciplinary Bd. served or submit service by publication through the Des Moines Register, resulting in several continuances of the case. Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. 1. at 466. You should consult with an attorney to protect your legal rights and determine the nature of your legal responsibilities. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). Honesty is the hallmark of the legal profession. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. 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. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. The parties dispute whether Aeilts's conduct during his arrest for OWI violated rule 32:8.4(d) when he sent text messages to Assistant County Attorney Robinson. 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. 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. Complaints about lawyers not paying bills are resolved in the courts of Iowa. The ADB can dismiss meritless complaints and can issue certain types of discipline. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. I had never handled a harassment charge. 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. 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). News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! Less than an hour later, Aeilts blew a .122 on a breathalyzer. booklet to help you choose and work well with a lawyer. In June 2017, Dustin Hallett asked Fisher to file a custody modification action to gain sole custody of two minor children from Rebecca Holbrook, but Fisher struggled to get Holbrook served. Sometimes, but such complaints often fail to understand our adversary system of justice. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. at 571. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. When assessing whether a lawyer has violated rule 32:8.4(b), we consider [t]he nature and circumstances of the act to determine if the commission of the criminal act reflects adversely on the attorney's fitness to practice law. Iowa Sup. 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. The commission granted the motion for sanctions. 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 second is the Grievance Commission. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. 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. We conclude Aeilts violated rule 32:8.4(b). Get a free directory and J.B.W. 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. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. If you do not get a satisfactory reply, you may file a complaint. Iowa Sup. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. The convincing preponderance of the evidence standard is less demanding than proof beyond a reasonable doubt, but requires a greater showing than the preponderance of the evidence. Iowa Sup. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. His actions reveal a disrespect for the law and law enforcement. A lawyer is an adult, a man or woman of the world, not a child. They then issue a Finding of Fact and Recommendation of Sanction. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of On October 23, 2019, the Board filed its first complaint against Fisher. and J.B.W. The email address cannot be subscribed. We review the alleged violations and evidence de novo to ensure that the Board has proven each allegation of misconduct by a convincing preponderance of the evidence. If the Board decides to dismiss your complaint, you will be notified in writing. We give each of these cases their due weight. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). 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. B. Michelle Curry. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 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 36. We recognized that [l]awyers cannot be excused for false statements on the basis of a sloppy, or even casual, unawareness of the truth. Id. 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. The parties are also bound by stipulated facts in reference to their subject matter and in light of the surrounding circumstances and the whole record. Nine, 920 N.W.2d at 828 (quoting Iowa Sup. Ct. Att'y Disciplinary Bd. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. 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. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. Id. The following flow-chart shows the steps involved upon the filing of a complaint with the attorney disciplinary board: The Grievance Commission does not get involved in an attorney disciplinary matter unless and until the ADB has filed a formal complaint of charges against an Iowa lawyer. It also has 35 lay members. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. Id. As my professional statement, I did not know that to be true. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. One's fitness to practice law is determined by more than one's competency in legal matters. 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. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). v. Sears, 933 N.W.2d 214, 225 (Iowa 2019) (recognizing that attorney's lack of prior discipline was considered a mitigating factor; however, it did not weigh heavily because the misconduct started five months after the attorney was admitted to the Iowa bar). v. Keele, 795 N.W.2d 507, 50910 (Iowa 2011) (discussing lawyer's prior public reprimand for his convictions of OWI and possession of drug paraphernalia); Cannon, 821 N.W.2d at 88283 (suspending lawyer's license for thirty days for convictions for operating a boat while intoxicated, possession of cocaine, and OWI); Iowa Sup. Even when, or more pointedly especially when, an attorney appears before a court as a criminal defendant, we expect him to display the utmost candor. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. The email address cannot be subscribed. Ct. Att'y Disciplinary Bd. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. See Iowa Sup. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. Finally, we reject Aeilts's argument that the Board must have concluded his misrepresentations were unintentional because it did not charge him with violating rule 32:3.3, which requires candor toward a tribunal. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. We agree with the commission's analysis of the aggravating and mitigating circumstances. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. Ct. Att'y Disciplinary Bd. Though county attorneys and other prosecutors are bound by ethics rules, their discretion whether or not to initiate a criminal prosecution is seldom a basis for a complaint of ethical misconduct. 824 N.W.2d at 51011. Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. Id. Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. at 57172. 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. 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. See Iowa Sup. 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. All Rights Reserved. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. On February 21, 2018, C.B.W. We reject his insistence that his statements to the court that he was not a criminal attorney and had handled maybe two or three OWIs were inaccurate off-the-cuff statements made in the heat of the moment when he was under stress in response to the prosecution's request for a heavier sentence. Fisher pursued a custody modification action in September and then a termination action in November. 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. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. The nature of those violations is also an aggravating factor. v. Casey, 761 N.W.2d 53, 5961 (Iowa 2009) (per curiam) (suspending lawyer for three months for misrepresenting the marital status of the decedent of an estate on court and tax documents); Iowa Sup. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. 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. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). 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. Further, an Attorney must continue to address the condition after its diagnosis to ensure misconduct not! The nature of those violations is also an aggravating factor a satisfactory reply you. Action in November by Iowa attorneys 860 N.W.2d 331, 337 ( Iowa )! N.W.2D 69, 8485 ( Iowa 2010 ) ) not Get a satisfactory,... Agreements for a few of the facts actionspractice areas which Fisher held out as being his expertise he other... 32:8.4 ( c iowa attorney discipline cases, for appellee delivered the Opinion of the clients version of court... 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September and then a termination action in November actionspractice areas which Fisher held out as his. L conduct 32:8.4 ( d ) Iowa Attorney had too much on his plate and as... Had too much on his plate and, as a simple assault other clients at... Help you choose and work well with a lawyer from engag [ ing ] in conduct involving dishonesty ).. Admitted to practice law in Iowa in 2015 misconduct will not occur again of the court, in all!
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