All Rights Reserved. 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. His actions reveal a disrespect for the law and law enforcement. Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. 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! On June 9, 2017, Fisher filed a petition for termination of J.H.s parental rights on behalf of C.J.R. Aeilts made several misrepresentations during his allocution on February 18, 2020: he told the court that he was not a criminal defense attorney, he had only handled two or three OWI cases, he had never handled any other criminal cases, he did not know the elements of harassment, he had never handled a harassment case, and he had never handled an assault case. Ct. Att'y Disciplinary Bd. 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. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. On Friday, the court opted to instead impose a three-year suspension. WebOral Argument Schedule. Aeilts's argument also ignores the serious potential ramifications of his conduct to an innocent person as well as to the criminal justice system. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. No. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD v. FISHER. In return, expect the lawyer to keep you reasonably informed and to give you copies of important documents. Ct. Att'y Disciplinary Bd. 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. 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. The Board is responsible for receiving and initiating ethics complaints against attorneys whose practice falls within the Boards jurisdiction. We also note that Fisher admitted to wrongdoing for some of the Board's charges either in his answer or during the proceedings. 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. 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. 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. No. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. 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. WebOral Argument Schedule. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 683 (Iowa 2001) (en banc)). B. Iowa Rule of Professional Conduct 32:8.4(c). Lawyers of any level of experience would understand that [making misrepresentations to the court is] deplorable. Turner, 918 N.W.2d at 155 (citing In re Cleland, 2 P.3d 700, 705 (Colo. 2000) (en banc) (per curiam) (considering inexperience as a mitigating factor but noting inexperience does not go far to excuse or to mitigate dishonesty, misrepresentation); see also In re Powell, 76 N.E.3d 130, 135 n.3 (Ind. Aeilts's appeal centers on whether he violated rule 32:8.4(c) by misrepresenting facts to Officer Donelson and misrepresenting his experience to the sentencing court. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. 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. Although Aeilts sent Robinson several text messages, Robinson did not intervene in Aeilts's pending OWI case. I had never handled so much as a simple assault. The email address cannot be subscribed. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. 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. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. At the time of the facts giving rise to this case, I was not a criminal defense attorney. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. Id. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. We consider these cases in assessing an appropriate suspension in this case. 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. Fisher also filed a frivolous motion for sanctions. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. Marzen, 949 N.W.2d at 243. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Make sure you have an agreement about your lawyers fees, in writing if possible. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. A lawyer might handle a matter in a way that is inadequate but not unethical. 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. 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. Fisher failed to do so. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. We do not apply a standard sanction in particular types of attorney disciplinary cases. Aeilts committed multiple rule violations involving conduct from two unrelated events. I had never handled a harassment charge. 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. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Suggestions for avoiding problems include: Some people are dissatisfied with lawyers because they have unrealistic expectations. The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. Ct. Att'y Disciplinary Bd. 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. 32:1.5(a) (unreasonable fee agreement). In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. (omission in original) (quoting Iowa Sup. In Iowa Supreme Court Attorney Disciplinary Board v. Wheeler, we found Wheeler violated rules 32:8.4(b) and 32:8.4(c) after he was convicted for making a false statement to a financial institution on a mortgage application. The record does not indicate Fisher's conditions directly caused the violations in the complaint. 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). (quoting Iowa Sup. Fisher also failed to meet various deadlines and inform clients of important updates in their cases. Iowa Sup. 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. 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). During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. 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. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. Copyright 2023, Thomson Reuters. 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. See Iowa Sup. However, mental health challenges must show a relationship to the unethical conduct to be considered a mitigating circumstance. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. Ct. Att'y Disciplinary Bd. B. Mitigating and Aggravating Factors. There are several present here. The Board must prove the alleged attorney misconduct by a convincing preponderance of the evidence. See Iowa Sup. We agree with the commission's legal conclusions based on our analysis of the record. No. Our considerations include the nature of the violations, the need for deterrence, protection of the public, maintenance of the reputation of the bar as a whole, and the attorney's fitness to continue practicing law, as well as any aggravating or mitigating circumstances. Iowa Sup. Upon our de novo review of the record, we agree with the commission's factual findings. If the Board decides to dismiss your complaint, you will be notified in writing. 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. What are the unpredictable factors? We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. 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. Id. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. v. Sporer, 897 N.W.2d 69, 8485 (Iowa 2017). Based on Aeilts's violations and the aggravating and mitigating factors in this case, we agree with the Board and the commission that Aeilts's license should be suspended for six months. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). 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. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. The Grievance Commission is made up of members that are geographically and gender-balanced. Complaints about lawyers not paying bills are resolved in the courts of Iowa. Ct. Att'y Disciplinary Bd. Aeilts also falsely subjected Cornelison to criminal charges for harassment based on his misrepresentations to Officer Donelsoncharges Cornelison was able to avoid only because he had an audio recording of the phone call. Stay up-to-date with how the law affects your life. Both the Board and Fisher filed briefs in support of a one-year suspension. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). Click here for the Board's current informational brochure. Fisher took daily medication of Prozac and Xanax. All members are unpaid volunteers appointed by the Supreme Court. We typically impose a longer suspension where there is harm and multiple violations. Fisher also listed remorse as a mitigating factor in his posttrial brief and brief regarding sanctions. This suspension applies to all facets of the practice of law as provided in Iowa Court Rule 34.23(3), and Fisher must notify any remaining clients as outlined in Iowa Court Rule 34.24. At the time of his allocution, Aeilts had only been practicing for five years. Finally, we reject Aeilts's assertion that his lack of experience is a mitigating factor. 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. 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 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. 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? Ask your lawyer what to expect. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). 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. Id. 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. See Iowa Sup. Ct. Att'y Disciplinary Bd. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). Fisher did not provide replacement counsel despite offering to do so and told C.B.W. 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. Sometimes lawyers handle money for clients. The Boards jurisdiction extends to the attorneys license alone. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. Ct. Att'y Disciplinary Bd. Finally, Aeilts cooperated with the Board, which is a mitigating factor. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. Give documents and information to your lawyer promptly. at 78788. 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. 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. The Board filed a motion to compel on April 7. [M]isrepresentation is a serious breach of professional ethics. Id. 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. Instead, we take into consideration the totality of facts and circumstances in each case. 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). Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. It is physically and operationally separate from the Attorney Disciplinary Board. 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. The commission's report recommended that we suspend Fisher's license to practice law for one year. Ct. Att'y Disciplinary Bd. Fisher pursued a custody modification action in September and then a termination action in November. We considered his cooperation with the Board, completion of substance abuse and mental health treatment, and his acceptance of responsibility as mitigating factors. 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). Write to confirm all important understandings. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). 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.. Ct. Att'y Disciplinary Bd. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. 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. We tax the costs of this action to Aeilts under Iowa Court Rule 36.24(1). The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. Click here for the Board's current informational brochure. We need not decide whether Aeilts intentionally misled the court. at 338 (quoting Iowa Sup. More information about the complaint process is available here. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Ct. Att'y Disciplinary Bd. 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. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. WebI. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. 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. booklet to help you choose and work well with a lawyer. We conclude Aeilts violated rule 32:8.4(b). The record is filled with examples of clients or opposing counsel sending several emails asking for updates or questions on their cases, as well as many follow-up emails, texts, or calls that went unanswered. Considering Retiring From The Practice of Law? 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. If you change your mind about the legal matter, keep the lawyer informed. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. Fisher denied the remaining allegations in his answer. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct If you change your address or phone number, let your lawyer know right away. 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. WebOral Argument Schedule. 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). Ct. Att'y Disciplinary Bd. 21-0774 The commission recommended Aeilts's license to practice law be suspended for six months. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. 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. I didn't know the elements of harassment. 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. 32:8.1(b) (responding in disciplinary proceedings). 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). While Aeilts's conduct is not as egregious as Postma's, which led to the revocation of his license, his false accusations that could have subjected Cornelison to criminal charges are more serious than Postma's filing of frivolous civil claims. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Ct. Bd. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). 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. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. A. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Under rule 32:8.4(d), It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice. Iowa R. Prof'l Conduct 32:8.4(d). WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. 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. Ct. Att'y Disciplinary Bd. Curt N. Daniels, Chariton, [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). On October 23, 2019, the Board filed its first complaint against Fisher. In fact, Robinson did not work on the case at all. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. About how much will it cost? All Rights Reserved. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. Aeilts's alleged inexperience provides no excuse for his violation of this rule.
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