See Iowa Sup. The Board recommends a six-month suspension, while Aeilts asks for thirty days. 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. Schmidt, 796 N.W.2d 33, 40 (Iowa 2011) (omission and alteration in original) (quoting Iowa Sup. 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. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. Although he said he had never even handled a simple assault, he had actually represented clients for assault in two separate criminal cases. 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. at 513. Fisher made it difficult for Hallett's new attorney to obtain independent documentation about the trust account funds for Hallett and Hallett's client file. 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. 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. v. Deremiah, 875 N.W.2d 728, 737 (Iowa 2016). The Attorney Disciplinary Board has no jurisdiction of a negligence claim. It accepts complaints only from the ADB ethics counsel and does not accept complaints directly from the public, reimburse victims of theft or conversion by Iowa attorneys or handle complaints of non-lawyers practicing law. The email address cannot be subscribed. Lawyers must represent their own clients aggressively, and are usually entitled to rely on their clients versions of the facts. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. by April 5, 2020. 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. 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. 21-0672 Case No. Instead, we take into consideration the totality of facts and circumstances in each case. 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). It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Ct. Att'y Disciplinary Bd. Marzen, 949 N.W.2d at 243. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. 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. Ct. Att'y Disciplinary Bd. Get a free directory 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. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. F. C.B.W. I was not a criminal defense attorney. Id. 1. 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. It also has 35 lay members. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Get a free directory 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. v. Cunningham, 812 N.W.2d 541, 553 (Iowa 2012) (determining we will not view a lawyer's prior discipline as an aggravating factor when the conduct occurred during the same timeframe as the current violation before the court). Cases involving false statements have a wide range of sanctions. Most complaints are filed by clients, but this is not a requirement. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. at 460. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Lastly, we have the discretion to impose a greater or lesser sanction than what the commission has recommended upon proof of an ethical violation. Kieffer-Garrison, 951 N.W.2d at 36 (quoting Noel, 923 N.W.2d at 582). at 68283. 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. Ten of the cases were OWIs, and he represented other clients in a range of charges from criminal trespass to drug possession. It can order mental or physical examination or treatment. 2023 Iowa Judicial Branch. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. On October 1, Aeilts was charged with Malicious Prosecution in violation of Iowa Code section 720.6 and with False Report of an Indictable Offense to a Public Entity in violation of Iowa Code section 718.6(1) for his conduct related to pressing harassment charges against Cornelison. Iowa Sup. 32:8.4(d) (misconduct prejudicial to justice). 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). Ct. Att'y Disciplinary Bd. 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. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Id. 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 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. Ct. Att'y Disciplinary Bd. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. We agree with the commission's analysis of the aggravating and mitigating circumstances. Write to confirm all important understandings. 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. v. Baldwin, 857 N.W.2d 195, 215 (Iowa 2014). 824 N.W.2d at 51011. The Board is not funded by the taxpayers of Iowa. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). Curt N. Daniels, Chariton, The sanction for an OWI and additional criminal conduct ranges from public reprimand up to a two-year license suspension. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). If the Board decides to file a formal complaint with the Grievance Commission, those proceedings require additional time. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 45.2(3)(a) (complete records of funds and other property). Resolve claims of ineffective assistance of counsel or violation of constitutional rights in a criminal proceeding. 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. 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. Id. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 32:3.4(d) (diligence with regard to discovery). at 65758. All members are unpaid volunteers appointed by the Supreme Court. 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. 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. 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. 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. 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. Fisher also failed to respond to several inquiries from Curry about discovery or the appraiser. 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. 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. 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. B. Mitigating and Aggravating Factors. WebCase No. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. If you do not get a satisfactory reply, you may file a complaint. We suspend Fisher from the practice of law without the possibility of reinstatement for one year. Aeilts appealed. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. No. Fisher also filed a frivolous motion for sanctions. The record does not indicate Fisher's conditions directly caused the violations in the complaint. 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