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. 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.