We agree with the commission, the Board, and Fisher to conclude that a suspension of one year is appropriate. Aeilts's alleged inexperience provides no excuse for his violation of this rule. I had handled maybe two or three OWIs. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). v. Gottschalk, 729 N.W.2d 812, 821 (Iowa 2007)). Write to confirm all important understandings. Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. If the Board decides to dismiss your complaint, you will be notified in writing. at 338 (quoting Iowa Sup. But even if he simply misspoke, it was still a matter constituting misconduct. Id. 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. Ct. Att'y Disciplinary Bd. Finally, he certainly should have known the elements of harassment after representing two clients against harassment chargesanother misrepresentation since he told the court that he had never handled a harassment charge. Aeilts's dishonest statements misled the court about his prior criminal work experience. Less than an hour later, Aeilts blew a .122 on a breathalyzer. As part of its responsibility to supervise lawyers and in the interest of promoting public confidence in the legal system, the Iowa Supreme Court has created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct. Sue a lawyer for careless work, or do work a lawyer failed to do. We consider these cases in assessing an appropriate suspension in this case. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. We agree with the commission that Aeilts's conduct in texting Robinson did not interfere with or prejudice the administration of justice and did not violate rule 32:8.4(d). v. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. Whether the district court relied on his misrepresentations when imposing his sentence is irrelevant to our analysis. In Postma, we found an attorney violated the Code of Professional Responsibility when he maliciously filed criminal complaints against eleven different people who had brought ethics complaints against him. The first is the Attorney Disciplinary Board. Get a free directory 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). However, criminal or fraudulent conduct may be subject to discipline. We review attorney disciplinary proceedings de novo. Ct. Att'y Disciplinary Bd. 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. 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). North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. 21-0774 WebThe first is the Attorney Disciplinary Board. Iowa Sup. Id. WebI. The Iowa Supreme Court Grievance Commission (commission) determined the Board proved a majority of its charges and recommends we suspend Fisher's license for one year. 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). 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. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). WebThe first is the Attorney Disciplinary Board. The court placed Aeilts on supervised probation for one year, imposed a civil penalty, and required Aeilts to complete fifteen hours of unpaid community service. The second is the Grievance Commission. If the Board decides to impose a private admonition or recommend public reprimand, you will be so notified following a slight delay during which the lawyer is advised of the Boards decision. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Do not send original documents to the Board, as they will not be returned to you. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. A complainant need not be a US citizen. so that C.B.W.s current spouse could adopt L.M. We considered several mitigating factors including: his lack of disciplinary history, community service, remorse, cooperation with the Board, and that it was an isolated incident. 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. The Board filed a motion to compel on April 7. 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. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). 32:1.9(c)(2) (revealing confidential information of a former client). Anyone with knowledge of facts showing ethical misconduct by a lawyer may file a complaint. 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. Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. Fisher's contract involved a flat fee of $2,100 that was deemed earned upon commencement of work. He struggled to get J.M. Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. 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. No. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. We turn first to Aeilts's misrepresentations during his allocution. Fisher answered both complaints. 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. 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. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. The Board recommends a six-month suspension, while Aeilts asks for thirty days. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 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. Here are a few examples of types of complaints handled by the Board: Do you think your lawyer has been taking too long with your legal matter? 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. On February 21, 2018, C.B.W. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Sometimes, but such complaints often fail to understand our adversary system of justice. Iowa Sup. 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). Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. We must consider any mitigating or aggravating factors before we determine a sanction. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. 21-0774 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. 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. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. Nor does Committee on Professional Ethics & Conduct of The Iowa State Bar Association v. Ramey, 512 N.W.2d 569 (Iowa 1994) (en banc), help Aeilts's case. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. 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. On October 26, 2020, the Board amended its complaint to reflect a removal of a count but maintained ethical violations occurred during the representation or interactions with Haylie Reiter, Michelle Curry, Dustin Hallett, J.H., A.H., and C.B.W., along with various trust account violations. On April 27, 2021, the Board filed an ethics complaint against Aeilts alleging that Aeilts violated the following Rules of Professional Conduct: rule 32:8.4(b), based on Aeilts's criminal convictions for malicious prosecution and OWI; rule 32:8.4(c), based on Aeilts's misrepresentations to Officer Donelson concerning Cornelison's threats of physical violence and his separate misrepresentations about his professional experience during his sentencing allocution; and rule 32:8.4(d), based on Aeilts's misrepresentations that subjected Cornelison to criminal charges and his text messages to Robinson, the Assistant Marion County Attorney, related to his OWI charges. A. Iowa Rule of Professional Conduct 32:8.4(b). Fisher and the Board did not contest the commission's factual findings. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). at 65456. 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. All Rights Reserved. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. We found especially aggravating that he had numerous opportunities to withdraw from his perilous course, but instead simply dug himself into a progressively deeper ethical pit. Id. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. Ct. Att'y Disciplinary Bd. We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. The Board and Fisher agree that a one-year suspension is appropriate. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). WebCase No. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In his answer, Fisher admitted to some trust account violations under Iowa Rules of Professional Conduct 32:1.15(c) (withdrawal of fees only when earned) and 32:1.15(f) (trust accounting governed under chapter 45), and under Iowa Court Rules 45.2(3)(c) (types of acceptable records for trust funds) and 45.7(4) (notification of fee withdrawal from trust funds). v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. Iowa Sup. Ct. Att'y Disciplinary Bd. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. (quoting Iowa Sup. 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. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). Characterizing his conduct as an extraordinary one-time occurrence that is out of character for him, we suspended his license for six months to protect the integrity of the judicial system and the lawyers who work within it. Id. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. 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 The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. 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. Ct. Att'y Disciplinary Bd. 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. and J.B.W. Iowa Sup. 32:8.4(d) (misconduct prejudicial to justice). Iowa R. Prof'l Conduct 32:3.3. Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). 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. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. The fact that some clients were ultimately successful in their legal proceedings does not justify the stress that they endured during the attorneyclient relationship with Fisher. If you are dissatisfied, let your lawyer know why. Lawyers, like other professionals, sometimes make mistakes. 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. Some problems with lawyers are properly the subject of a complaint of ethical violation to the Attorney Disciplinary Board. In reality, Aeilts had represented clients in at least twenty-two criminal matters on charges that included OWI, trespass, assault, disorderly conduct, two different harassment charges, burglary, neglect of a dependent person, child endangerment, and drug possession. Iowa Sup. v. Suarez-Quilty, 912 N.W.2d 150, 158 (Iowa 2018), a fact we think is clear from the record of Aeilts's allocution. The commission concluded that Aeilts violated all the rules alleged by the Board but agreed with Aeilts that he did not violate rule 32:8.4(d) when he texted the assistant county attorney. Id. Iowa Sup. The Board points out one attorney disciplinary case involving malicious prosecution: Iowa Supreme Court Board of Professional Ethics & Conduct v. Postma, 555 N.W.2d 680 (Iowa 1996). We briefly summarize the commission's factual findings surrounding the ethics violations. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. Ask your lawyer what to expect. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 22-1646 Case No. It also has 35 lay members. The ADB investigates the complaint and meets quarterly to make determinations. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. B. Iowa Rule of Professional Conduct 32:8.4(c). 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. Ct. Att'y Disciplinary Bd. See Iowa Sup. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. Expect your lawyer to keep you informed of all important developments. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. WebI. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 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). 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. 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. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. The email address cannot be subscribed. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. 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. Ct. Att'y Disciplinary Bd. See Iowa Sup. Ct. Att'y Disciplinary Bd. 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. Introduction. 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. Write to your lawyer and ask for a written explanation. at 571. The parties agreed that Aeilts violated rule 32:8.4(b) and rule 32:8.4(d) with respect to the Malicious Prosecution charge, but Aeilts argued his actions did not violate rule 32:8.4(c) and his texts to Robinson did not violate rule 32:8.4(d). Ct. Att'y Disciplinary Bd. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. The commission recommended Aeilts's license to practice law be suspended for six months. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 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. 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. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. We suspended his license for three months. 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. The Board must prove the lawyer acted with some level of scienter rather than mere negligence. Iowa Sup. 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. If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. 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. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. We revoked Postma's license. Id. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. WebThe first is the Attorney Disciplinary Board. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. ; see also Iowa Sup. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. 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). Curt N. Daniels, Chariton, Fisher's legal practice showed a clear pattern of misconduct across several clients. In fact, Robinson did not work on the case at all. 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). 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. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. A lawyer owes a client undivided loyalty, unburdened by the interests of other clients or the lawyers own personal interest. 844 N.W.2d 456, 46263 (Iowa 2014). The entire complaint process is confidential until such time as the Grievance Commission files a report of its findings and a recommendation of public discipline with the Iowa Supreme Court. v. Templeton, 784 N.W.2d 761, 767 (Iowa 2010)). We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. WebOral Argument Schedule. All rights reserved. See Iowa Sup. F. C.B.W. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. No. Ct. Att'y Disciplinary Bd. at 513. 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. We agree with the commission's legal conclusions based on our analysis of the record. at 572. 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. Id. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. 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). It includes one's [moral] character and one's suitability to act as an officer of the court. Id. Upon our de novo review of the record, we suspend Fisher's license for one year. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. V. Templeton, 784 N.W.2d 761, 767 ( Iowa 2007 ) ) ] undamental honesty is the line... 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