Discipline Procedures

As part of its responsibility to supervise lawyers and its interest in promoting public confidence in the legal system, the Iowa Supreme Court has established procedures for addressing complaints about alleged unethical conduct by lawyers. Two groups assist the court with this important responsibility - the Attorney Disciplinary Board (the Board) and the Grievance Commission (the Commission).

The process for reviewing allegations of lawyer misconduct begins with the Board. The Board, with the help of its staff, investigates all complaints against any Iowa attorney for alleged violations of the Iowa Rules of Professional Conduct for Lawyers, or the laws of the United States, the State of Iowa or any other state or any territory of the United States.  Investigations are confidential. Upon completion of an investigation, the Board shall either dismiss the complaint, or admonish or reprimand the attorney, or file and prosecute the complaint before the Commission. If the Board files a reprimand with the clerk of the supreme court and the attorney does not file an exception to the reprimand, the reprimand shall be a public document.

The Grievance Commission hears complaints that are prosecuted by the Board. Complaints shall be sufficiently clear and specific in their charges to reasonably inform the attorney of the misconduct alleged to have been committed by the attorney. The attorney has the right to file an answer to the charge. Matters brought to the Commission are confidential.

The Commission shall hold a hearing. At the conclusion of the hearing, The Commission shall either dismiss the complaint, issue a private admonition, or recommend to the supreme court that the attorney be reprimanded or the attorney's license to practice law be suspended or revoked. If the Commission recommends a reprimand or a suspension or revocation of the attorney's license, the report of such recommendation is forwarded to the court and filed with the Clerk of the Supreme Court.  Once filed with the clerk, the matter is a public record. The attorney may file an appeal from the Commission's report. The court may grant an appeal in a manner similar to an interlocutory appeal in a civil case. The appeal shall proceed to be heard by the court.

The court may impose a sanction different from that recommended by the Commission. In the event the court orders suspension of the attorney's license, the suspension shall continue for the minimum time ordered and until the court has approved the attorney's application for reinstatement.  Additional or alternative sanctions may include restitution, costs, practice limitations, appointment of a trustee or receiver, passage of a bar examination or the Multistate Professional Responsibility Examination, attendance at continuing legal education courses, or other appropriate measures.   Click here for Court Rules regarding disciplinary procedures. For more information contact grievance.commission@jb.state.ia.us

 

In addition to discipline imposed for violations of the Rules of Professional Conduct, the Court may discipline lawyers for the following reasons.

 

Suspension upon Conviction of a Crime

 

The Iowa Supreme Court may temporarily suspend the license of a lawyer who has pled guilty to or been convicted of a crime.  The temporary suspension usually remains in effect until a final disciplinary disposition is made by the Court through the Grievance Commission process.

 

 

Disability Suspension

 

The Iowa Supreme Court may suspend the license of a lawyer who is incapacitated or unable to discharge professional duties due to physical, mental, or emotional disability, abandonment of practice, or disappearance.  Upon suspension of the lawyer's license, a trustee may be appointed to notify the lawyer's clients and take appropriate action to safeguard the interests of clients and other affected persons.

 

Reciprocal Discipline

 

When a lawyer licensed to practice law in the State of Iowa has been suspended or otherwise disciplined in another jurisdiction, the Iowa Supreme Court may impose an identical disciplinary sanction on the lawyer unless he or she shows cause why identical discipline should not be imposed in this state.

 

 

Suspension for Failure to Comply with a Support Order

 

Upon the filing of a certificate of noncompliance by the child support recovery unit, a lawyer's license may be suspended for failure to comply with a child support order.

 

 

Suspension for Failure to Comply with a Student Loan Obligation

 

Upon the filing of a certificate of noncompliance by the College Student Aid Commission, a lawyer's license may be suspended for defaulting on a student loan obligation. 

 

Interim Suspension for Threat of Harm

 

Pending final disposition of a disciplinary proceeding, the Iowa Supreme Court may impose an interim suspension upon finding that a lawyer has committed an ethical violation that poses a substantial threat of serious harm to the public.

 

Temporary Suspension for Failure to Respond to Board

 

The Iowa Supreme Court shall enter an order temporarily suspending an attorney's license if the attorney has failed to respond to a notice of complaint filed by the disciplinary board.