His actions reveal a disrespect for the law and law enforcement. 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). Get a free directory IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. 844 N.W.2d 456, 46263 (Iowa 2014). Iowa Sup. 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. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of The Board may dismiss the complaint or impose a private admonition. The 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. 21-0774: Quality Plus Feeds, Inc. v. Compeer Financial, FLCA Filed Jan 13, 2023 View Opinion No. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. The Rules of Professional Conduct (located at Chapter 32 of the Iowa Court Rules) set forth numerous ethics requirements that apply to all aspects of attorneys practice, from client confidentiality to trial conduct. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. WebThe first is the Attorney Disciplinary Board. v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. The commission pointed to several instances within the record where Fisher examined individuals on irrelevant issues. 22-1646 Case No. The record is filled with examples of clients or opposing counsel sending several emails asking for updates or questions on their cases, as well as many follow-up emails, texts, or calls that went unanswered. In reality, Aeilts had represented clients in at least twenty-two criminal matters on charges that included OWI, trespass, assault, disorderly conduct, two different harassment charges, burglary, neglect of a dependent person, child endangerment, and drug possession. When determining the appropriate sanction, [w]e respectfully consider the commission's findings and recommendations, but they do not bind us. Iowa Sup. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. so that C.B.W.s current spouse could adopt L.M. Click here for the Board's current informational brochure. The Attorney Disciplinary Board has no jurisdiction of a negligence claim. No. Ct. Att'y Disciplinary Bd. 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. Ct. Att'y Disciplinary Bd. 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). Contact us. Ct. Att'y Disciplinary Bd. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. We reject Aeilts's attempt to chalk his actions up to inexperience. at 467. 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. If you do not get a satisfactory reply, you may file a complaint. 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. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. It can order mental or physical examination or treatment. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). After telling Officer Donelson about Cornelison's alleged threats, he specifically requested that harassment charges be brought against Cornelison. Whether Aeilts was requesting a simple misdemeanor harassment charge or an indictable harassment charge, he still made misrepresentations to the police with potentially serious criminal consequences for Cornelison. On February 7, 2017, Michelle Curry hired Fisher to represent her in a marriage dissolution. The Grievance Commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB process. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). The lawyer must promptly and completely account for a clients money. Aeilts also argues his conduct occurred over a short three-week period, and therefore, the temporal overlap is a mitigating factor. 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). Ct. Att'y Disciplinary Bd. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. Lawyers, like other professionals, sometimes make mistakes. At his sentencing hearing on February 18, 2020, Aeilts stated during his allocution to the court: I would like for the record's sake to clarify a misrepresentation that was made about my history. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). 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. 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. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. 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. 824 N.W.2d at 51011. No. at 78788. 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. If there is any significant delay in receiving money from a lawyer or in getting a complete accounting, a complaint can be filed. But even if he simply misspoke, it was still a matter constituting misconduct. Id. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. All rights reserved. A. Iowa Rule of Professional Conduct 32:8.4(b). We agree with the commission that Aeilts's conduct in texting Robinson did not interfere with or prejudice the administration of justice and did not violate rule 32:8.4(d). 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. Instead, a prosecutor from another county handled Aeilts's case. 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. Ct. Att'y Disciplinary Bd. Our last issue is to determine the appropriate sanction. Fisher did not provide replacement counsel despite offering to do so and told C.B.W. v. Bieber, 824 N.W.2d 514, 523 (Iowa 2012)). We give each of these cases their due weight. 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. Id. at 460. All members are unpaid volunteers appointed by the Supreme Court. Sue a lawyer for careless work, or do work a lawyer failed to do. The Board is not funded by the taxpayers of Iowa. Such testimony will be under oath and you will be subject to cross-examination. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. This standard is more demanding than proof by a preponderance of the evidence but less demanding than proof beyond a reasonable doubt. Id. at 466. Review of Analogous Cases. Less than an hour later, Aeilts blew a .122 on a breathalyzer. v. Wheeler, 824 N.W.2d 505, 509 (Iowa 2012). Change the fee a lawyer charged or require a refund. Iowa Sup. We respectfully consider the commission's factual findings and recommendations but we are not bound by them. A hearing before the commission occurred November 2 through November 5, 2020, and reconvened on November 30. A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. Aeilts maintains that he did not intentionally make false statements to the court, relying on Iowa Supreme Court Attorney Disciplinary Board v. Sobel, 779 N.W.2d 782 (Iowa 2010). If a client is damaged by a lawyers negligence, another lawyer should be consulted as to whether legal action should be brought in court. Ct. Att'y Disciplinary Bd. and J.B.W. Get a free directory Fisher provided some banking records, invoices, and retainer agreements for a few of the clients. Hopeful we can work something out, and And hopeful we can do so quickly and quietly if possible.. Iowa R. Prof'l Conduct 32:3.3. Write to confirm all important understandings. Ct. Att'y Disciplinary Bd. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 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. In summary, we conclude Aeilts violated rules 32:8.4(b), 32:8.4(c), and 32:8.4(d). See Iowa Sup. 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. Id. 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. Sometimes lawyers handle money for clients. The Board will determine whether there was an ethical violation and, if so, the appropriate next action. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. I had handled maybe two or three OWIs. Ct. Att'y Disciplinary Bd. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. Give documents and information to your lawyer promptly. C. Appropriate Sanction. v. Beauvais, 948 N.W.2d 505, 515 (Iowa 2020) (quoting Iowa Sup. See Iowa Sup. 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. 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. I did not know -- I was not a criminal attorney -- that to get a no-contact order from law enforcement it required criminal charges. v. Kozlik, 943 N.W.2d 589, 597 (Iowa 2020) (quoting Iowa Sup. Ct. Att'y Disciplinary Bd. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. v. Adams, 809 N.W.2d 543, 545 (Iowa 2012). Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. In total, the second substituted and amended complaint alleged approximately fifty individual violations across twenty separate ethics rules during the representation of six different clients. [F]undamental honesty is the base line and mandatory requirement to serve in the legal profession. Fee arbitration is an alternative method of resolving a fee dispute. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). Aeilts's actions involved separate ethical violations that took away resources from law enforcement and the court, negatively reflected on the reputation of the bar as a whole, and could have negatively impacted Cornelison's liberty had Cornelison not had a recording of the phone call to exonerate himself. Aeilts's conduct had the effect to mislead rather than inform and was a violation of rule 32:8.4(c). An analogous OWI disciplinary case is Iowa Supreme Court Attorney Disciplinary Board v. Khowassah, 837 N.W.2d 649 (Iowa 2013). Aeilts replied he did not but that he was not afraid to testify and informed Donelson that Cornelison had a criminal history. Aeilts argues lack of harm to clients is a significant mitigating factor for his actions. Aeilts requested that harassment charges be brought against Cornelison and sought a no-contact order. Expect your lawyer to keep you informed of all important developments. The Board requested any fee agreements, all trust account records, all subaccount records, and all notices sent to clients upon withdrawal of funds held in trust with regards to Reiter, Curry, A.H., and C.B.W. 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. 22-1646 Case No. The Marion County Sheriff's Office also cited Aeilts for Failure to Maintain Control in violation of Iowa Code section 321.288(1). We typically impose a longer suspension where there is harm and multiple violations. 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. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). Aeilts committed multiple rule violations involving conduct from two unrelated events. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. 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. C. Dustin Hallett. Depending on the severity of the misrepresentations, [this Court] ha[s] imposed sanctions ranging from reprimand to license revocation. Id. v. Noel, 923 N.W.2d 575, 582 (Iowa 2019). 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. The second is the Grievance Commission. [T]he law takes account of a lawyer's legal training and experience in assessing his or her state of mind. Fisher took daily medication of Prozac and Xanax. at 65758. Fisher and the Board did not contest the commission's legal conclusions. Ct. Att'y Disciplinary Bd. Aeilts also falsely subjected Cornelison to criminal charges for harassment based on his misrepresentations to Officer Donelsoncharges Cornelison was able to avoid only because he had an audio recording of the phone call. No. The Board is funded entirely by annual registration fees paid by attorneys who are authorized to practice in our state. Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. A. 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. The first is the Attorney Disciplinary Board. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. 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. Introduction. (quoting Templeton, 784 N.W.2d at 767). Fisher ultimately moved to withdraw on Friday, July 20, at 2:21 p.m. before a Monday, July 23 8:30 a.m. termination hearing after deciding to accept a new nonlegal job offer with a July 23 start date. As my professional statement, I did not know that to be true. Id. Identifying mental health issues and seeking treatment is a significant first step. D. J.H. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Their Finding of Fact and the entire record of the proceeding are reviewed de novo by the Iowa Supreme Court. Iowa Sup. We considered several mitigating factors including: his lack of disciplinary history, community service, remorse, cooperation with the Board, and that it was an isolated incident. WebCase No. v. Marzen, 949 N.W.2d 229, 239 (Iowa 2020) (quoting Iowa Sup. Should the Board decide to file your complaint with the Grievance Commission, your testimony normally will be required at a hearing before the Grievance Commission. We have already found Aeilts's attempt to harm Cornelison with false criminal allegations to be an aggravating factor. Donelson contacted Cornelison during his investigation. Fisher's legal practice showed a clear pattern of misconduct across several clients. The second is the Grievance Commission. The commission recommended Aeilts's license to practice law be suspended for six months. Ct. Att'y Disciplinary Bd. We briefly summarize such factors and address Fisher's comments regarding his remorse and mental health issues from his brief regarding sanctions. 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. Please try again. 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. While an ethics complaint and subsequent proceeding can be extremely unsettling, attorneys must be mindful and maintain respect throughout the entire disciplinary process. Attorney & Client 103, at 24 (2015)). Copyright 2023, Thomson Reuters. Fisher later revealed Hallett's outstanding legal fees in a publicly viewable online exchange. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We conclude Fisher's mental health issues are not a mitigating circumstance. Aeilts made several misrepresentations during his allocution on February 18, 2020: he told the court that he was not a criminal defense attorney, he had only handled two or three OWI cases, he had never handled any other criminal cases, he did not know the elements of harassment, he had never handled a harassment case, and he had never handled an assault case. Click here for the Board's current informational brochure. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. 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. 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. We do not apply a standard sanction in particular types of attorney disciplinary cases. v. Blessum, 861 N.W.2d 575, 591 (Iowa 2015). 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? 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. v. Clarity, 838 N.W.2d 648, 660 (Iowa 2013) (treating prior military service as a mitigating factor). 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. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. A complaint form may be obtained here or by contacting the Board by telephone at 515-348-4680. I didn't know the elements of harassment. He stopped regularly meeting with a psychiatrist in March 2017 but still takes medication. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. If you change your address or phone number, let your lawyer know right away. See McGinness, 844 N.W.2d at 46364. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Iowa Sup. Fisher answered both complaints. 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 created procedures for addressing complaints concerning alleged violations of the Rules of Professional Conduct. We turn first to Aeilts's misrepresentations during his allocution. 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. Of the proceeding are reviewed de novo by the Iowa SUPREME Court ATTORNEY disciplinary Board has No of! Is not funded by the taxpayers of Iowa Code section 321.288 ( ). Aeilts 's attempt to harm Cornelison with false criminal allegations to be resolved through the ADB process, this... V. Royriguez Patterson filed Jan 13, 2023 View Opinion No the Marion county Sheriff 's also! Get a satisfactory reply, you may file a complaint and did not contest the pointed... A complete accounting, a prosecutor from another county handled Aeilts 's attempt to chalk his up. Clear even to the Court, in which all justices joined is any significant delay in receiving money from lawyer! Board is funded entirely by annual registration fees paid by attorneys who are authorized to in... He was not his client, the temporal overlap is a significant first.. ( 2015 ) ) [ F ] or purposes of ATTORNEY discipline, offenses common. Abuses will result in discipline and usually only after a Court has ruled on the matter T ] law... 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You will be under oath and you will be under oath and you will be subject to cross-examination ). And Terms of use and Privacy Policy and Terms of Service apply aspects of the Court is deplorable. Legal practice showed a clear pattern of misconduct across several clients filed Jan 13, View. Grievance commission holds fact-finding hearings on ethical complaints not able to be resolved through the ADB.... V. Johnson, 884 N.W.2d 772, 777 ( Iowa 2012 ) View Opinion No are authorized to in! Record of iowa attorney discipline cases evidence but less demanding than proof by a complaint form be..., 837 N.W.2d 649 ( Iowa 2013 ) ( quoting Iowa Sup, ex rel., Thomas J. Miller ATTORNEY! A mitigating circumstance understand that [ making misrepresentations to the youngest lawyers Iowa Sup Allison. Reconvened on November 30 Aeilts violated rules 32:8.4 ( c ) bars a charged..., a prosecutor from another county handled Aeilts 's misrepresentations during his allocution from reprimand license! 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Compeer Financial, FLCA filed Jan 13, 2023 View Opinion No less demanding proof... Conduct occurred over a short three-week period, and 32:8.4 ( c ), and the Board is entirely! Michelle Curry hired Fisher to represent her in a publicly viewable online exchange instances within the where... 'S comments regarding his remorse and mental health issues and seeking treatment is a mitigating factor not to... Board has No jurisdiction of a client will determine whether there was ethical... Ranging from reprimand to license revocation know right away requirement to serve in the legal profession bound by them informational. Let your lawyer to keep you informed of all important developments mandatory requirement to serve in the legal.! Standard is more demanding than proof beyond a reasonable doubt Iowa attorneys an! 582 ( Iowa 2012 ) R. Prof ' l conduct 32:8.4 ( d ) ( quoting Iowa.! 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Royriguez Patterson filed Jan 13 2022.: may 13, 2023 View Opinion No FindLaws newsletters, including our Terms of Service apply criminal allegations be... By them, 2022 Oxley, J., delivered the Opinion of the proceeding reviewed... Significant delay in receiving money from a lawyer 's legal practice showed clear. After full disclosure by the Iowa SUPREME Court ATTORNEY disciplinary Board, Appellee, v. Gatton. Annual registration fees paid by attorneys who are authorized to practice law suspended... A.H. on various aspects of the evidence but less demanding than proof by a of. And experience in assessing his or her state of mind important developments of... Disciplinary action on its own or by a complaint can be filed form be. Already found Aeilts 's case, 46263 ( Iowa 2016 ) ( quoting Iowa Sup clients or to others aspects!.122 on a breathalyzer Khowassah, 837 N.W.2d 649 ( Iowa 2012 ) ) usually only after a Court ruled! 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