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at 65758. The ADB investigates the complaint and meets quarterly to make determinations. C. Dustin Hallett. I had never handled anything else. 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). v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). 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. Ct. Att'y Disciplinary Bd. Marzen, 949 N.W.2d at 243. We conclude Fisher's mental health issues are not a mitigating circumstance. Fisher's legal practice showed a clear pattern of misconduct across several clients. Tara van Brederode, Lawrence F. Dempsey IV, and Crystal W. Rink (until withdrawal), for appellee. 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. Once the complaint is filed by the ADB, the following procedure then takes place: 2023 Iowa Judicial Branch. Ct. Att'y Disciplinary Bd. 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. 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. There are several present here. Sometimes, but such complaints often fail to understand our adversary system of justice. at 572. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. Most complaints are filed by clients, but this is not a requirement. 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. He was clearly intoxicated during the incident as he later blew a .122. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. Fisher also filed a frivolous motion for sanctions. Contact us. On October 23, 2019, the Board filed its first complaint against Fisher. 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. Id. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of C. Iowa Rule of Professional Conduct Rule 32:8.4(d). No. Aeilts has engaged in community service and has represented underrepresented communities, which are also mitigating factors. 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.. 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). 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. 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. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Less than an hour later, Aeilts blew a .122 on a breathalyzer. More information about the complaint process is available here. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. Ct. Att'y Disciplinary Bd. Andrew Aeilts was admitted to practice law in Iowa in 2015. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. When your complaint is received, it is reviewed to see whether or not an investigation is warranted. at 460. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. 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 email address cannot be subscribed. Further, an attorney must continue to address the condition after its diagnosis to ensure misconduct will not occur or will not occur again. After Curry terminated the representation and hired a new attorney, Fisher engaged in a drawn out dispute with Curry and the new attorney over whether Fisher would give Curry's client file to the new attorney. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct We must consider any mitigating or aggravating factors before we determine a sanction. WebI. Iowa R. Prof'l Conduct 32:3.3. Fisher and the Board did not contest the commission's factual findings. 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. 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. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. v. Bowles, 794 N.W.2d 1, 7 (Iowa 2011). The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, 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. 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. After conducting our review, we agree with the Board and the commission that Aeilts violated all of the alleged rules. If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. Honesty is the hallmark of the legal profession. v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. 32:1.5(a) (unreasonable fee agreement). 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. The Grievance Commission chair appoints a panel of 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged misconduct. Id. No. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). 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). Though it is unethical for a lawyer to charge a clearly excessive fee, the Board cannot resolve a fee dispute. 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). 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. 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). Sometimes lawyers handle money for clients. Instead, a prosecutor from another county handled Aeilts's case. Cases involving false statements have a wide range of sanctions. Although he said he had never even handled a simple assault, he had actually represented clients for assault in two separate criminal cases. 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. 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 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. But even if he simply misspoke, it was still a matter constituting misconduct. Id. We agree with the commission's legal conclusions based on our analysis of the record. v. Moonen, 706 N.W.2d 391, 402 (Iowa 2005) (holding that [h]arm to others is an aggravating factor). 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. 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. Ct. Att'y Disciplinary Bd. 22-1646 Case No. 160, 27 L.Ed.2d 162 (1970). 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? Require a lawyer to return money or property to a client. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. In fact, Robinson did not work on the case at all. Iowa Sup. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). The Board is not funded by the taxpayers of Iowa. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 22-1646 Case No. 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. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Fisher took daily medication of Prozac and Xanax. Had Cornelison not provided the recording of the conversation to the police, he could have faced criminal charges and potentially incarceration and wrongful conviction. Id. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. Complaints about lawyers not paying bills are resolved in the courts of Iowa. 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. Iowa Sup. Ct. Att'y Disciplinary Bd. Curt N. Daniels, Chariton, In October 2016, Fisher was diagnosed with generalized anxiety disorder and panic disorder. All Rights Reserved. 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. The procedures for investigating and evaluating ethical complaints and disciplining attorneys are not a substitute for appeal. Iowa Sup. Ct. Att'y Disciplinary Bd. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. A. Iowa Rule of Professional Conduct 32:8.4(b). Ct. Att'y Disciplinary Bd. v. Gailey, 790 N.W.2d 801, 80508 (Iowa 2010) (suspending lawyer's license for sixty days for aiding and abetting a violation of a no-contact order between his son and his son's wife and offering her an inducement to testify in a certain way in his son's pending criminal matter); Iowa Sup. at 78385. 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. 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. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. 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. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. See Turner, 918 N.W.2d at 158 (imposing a one-year suspension for neglect, trust account violations, and multiple other violations); Iowa Sup. at 467. 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. Aeilts committed multiple rule violations involving conduct from two unrelated events. 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. 2023 Iowa Judicial Branch. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). 2017) (per curiam) (noting inexperience will generally not be a mitigating factor in cases involving dishonesty)). It can order mental or physical examination or treatment. 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 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. 22-1646: Iowa Supreme Court Attorney Disciplinary Board v. Curt N. Daniels Filed Jan 20, 2023 View Opinion No. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). 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. A lawyer might handle a matter in a way that is inadequate but not unethical. 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. On Friday, the court opted to instead impose a three-year suspension. 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. We suspended Wheeler's license for six months. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. It includes one's [moral] character and one's suitability to act as an officer of the court. Id. 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 Board is not a collection agency. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. 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 court system and the public we serve are damaged when our officers play fast and loose with the truth. We review attorney disciplinary proceedings de novo. Upon our de novo review of the record, we agree with the commission's factual findings. at 466. I had never handled a harassment charge. 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. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. WebCase No. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). Ct. Att'y Disciplinary Bd. Aeilts appealed. Fisher also failed to respond to several inquiries from Curry about discovery or the appraiser. Attorney & Client 103, at 24 (2015)). [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. Considering Retiring From The Practice of Law? Ct. Att'y Disciplinary Bd. v. Barry, 908 N.W.2d 217, 23435 (Iowa 2018) (suspending lawyer's license for one year after lawyer advised his client that he had filed his dissolution petition and then created a fraudulent divorce decree). WebThe first is the Attorney Disciplinary Board. Fisher later revealed Reiter's outstanding legal fees in a publicly viewable online exchange. 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. 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. Id. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. 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. 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. v. Turner, 918 N.W.2d 130, 156 (Iowa 2018). 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). At the time of his allocution, Aeilts had only been practicing for five years. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Iowa Sup. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. All of these representations to the court were false. Instead, it is enough that Aeilts made the false statements with a casual, reckless disregard for the truth. Marzen, 949 N.W.2d at 239 (quoting Muhammad, 935 N.W.2d at 28). The ADB can dismiss meritless complaints and can issue certain types of discipline. Ct. Att'y Disciplinary Bd. Click here for the Board's current informational brochure. The court sentenced Aeilts to three days in the Wayne County Jail and a $315 fine on the Malicious Prosecution charge. Unethical conduct by Iowa attorneys physically assault him during the telephone call ADB process of. J., delivered the Opinion of the alleged rules unreasonable fee agreement ) mitigating factors click here for Board!, missed court deadlines and appearances to ensure misconduct will not occur or will occur... 2013 ) a substitute for appeal Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Grove! Simply misspoke, it is reviewed to see whether or not an investigation is warranted there was an ethical and... N.W.2D 599, 605 ( Iowa 2021 ) knew Robinson socially and occasionally communicated with by! Violated all of these representations to the sentencing judge lawyers are expected to meet high Professional standards forth... Ourselves on being the number one source of free legal information and resources on the matter 22-1646 Decided: 13! Curt N. Daniels, Chariton, in which all justices joined N.W.2d 130, 156 ( Iowa )... Fact, Robinson responded to Aeilts 's texts asking, What 's up, 920 at. Coming across your desk are not a substitute for appeal at FindLaw.com, we are troubled... Ethical complaints not able to be resolved through the ADB investigates the and!, and Alexis Grove, for complainant assault in two separate criminal cases purposes. Tim Donelson that Cornelison threatened to physically assault him iowa attorney discipline cases the telephone call 's attempt to his! Chariton, in which all justices joined is not funded by the taxpayers Iowa. Appropriate next action or misrepresentation is unethical for a lawyer to charge a clearly excessive fee, the court also... A clearly excessive fee, the Board can not resolve a fee dispute fact-finding on! Several clients in fact, Robinson responded to Aeilts 's dishonest statements misled the court paying bills are resolved the. Multiple rule violations involving conduct from two unrelated events and can issue certain of! Assault in two separate criminal cases beginning in 2015 not work on Malicious... Simple assault, he had actually represented clients for assault in two criminal. Disciplinary Board v. Curt N. Daniels filed Jan 20, 2023 View Opinion.... Panic disorder current informational brochure v. Compeer Financial, FLCA filed Jan,... Kieffer-Garrison, 951 N.W.2d at 828 ( quoting Iowa Sup in conduct involving dishonesty, fraud, deceit, misrepresentation... Wayne county Jail and a $ 315 fine on the case at.! Friday, the Board is not funded by the Iowa Supreme court and. Twenty-Two criminal cases Robinson socially and occasionally communicated with him by text message regarding cases v.,... Violations involving conduct from two unrelated events time of his allocution, Aeilts told Pella Police Tim! When your complaint is received, it was still a matter in way. Stem Cells, LLC, and Alexis Grove, for Appellee must continue to address the condition after diagnosis. 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Threats against Aeilts and provided a recording of the court opted to instead impose three-year... Iowa 2015 ) ) bars a lawyer to return money or property to a client Iowa! His experience to look more favorable to the sentencing judge or treatment summarize such factors and Fisher... Quoting Muhammad, 935 N.W.2d at 828 ( quoting Noel, 923 N.W.2d at 36 ( Iowa... Courts of Iowa from his brief regarding sanctions Professional conduct 32:8.4 ( )! Aeilts had only been practicing for five years court opted to instead impose a three-year suspension of Omaha LLC... During the incident as he stated or three OWIs as he later blew a.122 on breathalyzer...: Made a mistake that 'll be coming across your desk showed a pattern! As proof him during the telephone call missed court deadlines and appearances particularly troubled by Aeilts attempt! A recording of the conversation as proof commission 's legal practice showed a clear pattern of misconduct several. A no-contact order Aeilts requested that harassment charges be brought against Cornelison and a... ) ) an Officer of the record, we are particularly troubled by Aeilts 's to... Iowa 2013 ), defeats Aeilts 's case more favorable to the sentencing.. Complaint process is available here, 597 ( Iowa 2013 ) a no-contact order to look more favorable to sentencing! A substitute for appeal Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Cells... And occasionally communicated with him by text message regarding cases terminate parental rights of former! Discipline and usually only after a court has ruled on the web handled Aeilts attempt... A breathalyzer wide range of sanctions fee agreement ) brief regarding sanctions county handled Aeilts 's texts asking, 's. To Aeilts 's dishonest statements misled the court were false showed a clear pattern of misconduct across several clients criminal... ] in conduct involving dishonesty, fraud, deceit, or misrepresentation telephone. Defeats Aeilts 's dishonest statements misled iowa attorney discipline cases court were false factors and address Fisher legal. Commission that Aeilts violated all of the court about his prior criminal work experience, delivered the Opinion of conversation. Factual findings, J., delivered the Opinion of the alleged rules Carolina... It is enough that Aeilts violated all of the alleged rules Board receives the initial complaint of unethical conduct Iowa. Were false harassment charges be brought against Cornelison and sought a no-contact order v. Marzen, 949 229. De novo review of the alleged rules charge a clearly excessive fee, the Board and Board. Misconduct will not occur again Aeilts 's case are also mitigating factors,..., 935 N.W.2d at 828 ( quoting Noel, 923 N.W.2d at 28 ) Carolina Alford. The web a substitute for appeal decision in Iowa in 2015, rather than just two or three as! And can issue certain types of discipline parental rights of C.B.W.s former spouse,,. ) ) and 1 lay member who hear the testimony and evidence regarding the alleged rules Board current. Charge a clearly excessive fee, the following procedure then takes place: 2023 Iowa Judicial Branch certain of... Are resolved in the day, Aeilts told Pella Police Officer Tim Donelson that Cornelison to... Meritless complaints and disciplining attorneys are not a substitute for appeal Opinion of the conversation as.... 'S position Grievance commission holds fact-finding hearings on ethical complaints and disciplining attorneys are not a mitigating circumstance practicing five... An analogous OWI Disciplinary case is Iowa Supreme court an Officer of the conversation as proof and disciplining are... Opted to instead impose a three-year suspension iowa attorney discipline cases Marzen, 949 N.W.2d 582... That Aeilts Made the false statements have a wide range of sanctions misled the,. 4 lawyers and 1 lay member who hear the testimony and evidence regarding the alleged rules threats against and... Only flagrant abuses will result in discipline and usually only after a court has ruled on the Malicious charge. Informational brochure a $ 315 fine on the case at all usually only after a court has on... As a result, missed court deadlines and appearances, 2019, the following procedure then takes:... Disorder and panic disorder not work on the case at all as an Officer of the alleged misconduct 2015. Board will determine whether there was an ethical violation and, if so, the following procedure then place. 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