Contact us. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA 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 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). However, we give the commission deference to their factual findings, especially with regard to findings of demeanor and credibility of witnesses. 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. at 338 (quoting Iowa Sup. Iowa Sup. We review attorney disciplinary proceedings de novo. The parties waived a formal hearing and submitted the matter on the basis of a Partial Stipulation. I had never handled anything else. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. 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). We stated, [I]t does not appear that Ramey was attempting to deceive the court. 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. The Board may dismiss the complaint or impose a private admonition. We conclude that Fisher's unsubstantiated claim of remorse is not a mitigating circumstance. 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. 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). Clients, such as A.H. and C.B.W., strongly indicated either in emails, texts, or online reviews how Fisher's neglect or abandonment negatively affected the relationship with their children and their own mental health. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. How frequently and by what means will we communicate? The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. Get a free directory Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Aeilts's assertions that he did not know alleging a threat of bodily harm was an indictable offense and that he did not intend for Cornelison to be charged with an indictable offense are also without merit. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! at 177, his fraudulent behavior in his own dissolution case did violate rule 32:8.4(c), id. v. Cannon, 821 N.W.2d 873, 878 (Iowa 2012) (concluding attorney violated rule 32:8.4(b) based on conviction for OWI, first offense, where he damaged the parking lot of a grocery store and operated a motor vehicle while intoxicated creat[ing] grave risk of potential injury to others (omission in original) (quoting Iowa Sup. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. 21-0672 Case No. We agree that as a result of this conduct, law enforcement and court resources were diverted in an unnecessary investigation of Aeilts's charges against Cornelison. Regardless of whether anyone was actually harmed, Aeilts's conduct was an aggravating, not a mitigating, factor for Aeilts's actions in this case. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. See Iowa Sup. Less than an hour later, Aeilts blew a .122 on a breathalyzer. If you do not get a satisfactory reply, you may file a complaint. Fee arbitration is an alternative method of resolving a fee dispute. Aeilts committed multiple rule violations involving conduct from two unrelated events. v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. See Iowa Sup. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 45.7(4) (notification of fee withdrawal). The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. The first is the Attorney Disciplinary Board. 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. Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. Lawyers, like other professionals, sometimes make mistakes. C. Dustin Hallett. What are the unpredictable factors? The Board cannot impose fines, imprison an attorney, obtain a financial settlement or reduction of fees, or change the outcome of a civil or criminal case. We conclude Fisher's mental health issues are not a mitigating circumstance. 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). and J.B.W. Id. On July 6, the Board filed a motion for sanctions for failure to provide all of the requested trust account records, subaccount records, and notices of withdrawal of trust funds for each of the requested clients. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. 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 In signing the complaint form, you waive the attorney-client privilege, if any, to allow the lawyer to make a complete response to the Board free of any obligation of client confidentiality. 844 N.W.2d 456, 46263 (Iowa 2014). 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. 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. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). 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. Iowa Sup. Introduction. See Iowa Sup. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). Id. 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. v. Springer, 904 N.W.2d 589, 597 (Iowa 2017) (quoting Iowa Sup. 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. 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. 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. 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. In August 2016, Haylie Reiter (formerly known as Kelsey Blake) hired Fisher for a custody modification action. We agree with the commission's legal conclusions based on our analysis of the record. B. Michelle Curry. 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. ; see also Iowa Sup. C. Appropriate Sanction. We reject Aeilts's arguments that his misrepresentations to the court were not knowing or intentional but due to his negligence and incompetence. Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. 22-1646 Case No. v. Kieffer-Garrison, 951 N.W.2d 29, 3536 (Iowa 2020). IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. 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. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. No. Ct. Att'y Disciplinary Bd. We typically impose a longer suspension where there is harm and multiple violations. Fisher's failure to notify Reiter of outstanding opposing attorney fees and to timely return complete discovery to the opposing party led to contempt charges against Reiter. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). Change a divorce decree, reverse a criminal conviction, or change any other ruling of a Court. The commission recommended Aeilts's license to practice law be suspended for six months. 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. It can order mental or physical examination or treatment. WebAttorney Discipline Complaint Against a Lawyer 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 procedures for addressing complaints concerning alleged violations of the Iowa Rules of Professional Conduct. 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. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Fisher denied the remaining allegations in his answer. Fisher's legal practice showed a clear pattern of misconduct across several clients. v. Weaver, 812 N.W.2d 4, 11 (Iowa 2012))). This led to more continuances and an order to show cause against Fisher. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. WebOral Argument Schedule. Ct. Att'y Disciplinary Bd. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). D. J.H. No. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Scott D. FISHER, Respondent. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). B. Mitigating and Aggravating Factors. If a lawyer violates an ethical rule, the lawyer may be disciplined. E. A.H. On September 1, 2017, A.H. and Fisher entered into an attorneyclient relationship. Click here for the Board's current informational brochure. v. Gottschalk, 729 N.W.2d 812, 821 (Iowa 2007)). 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. Ct. Att'y Disciplinary Bd. 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