In Re Nash

739 N.W.2d 71, 2007 Iowa Sup. LEXIS 116, 2007 WL 2752083
CourtSupreme Court of Iowa
DecidedSeptember 21, 2007
Docket07-0286
StatusPublished
Cited by3 cases

This text of 739 N.W.2d 71 (In Re Nash) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Nash, 739 N.W.2d 71, 2007 Iowa Sup. LEXIS 116, 2007 WL 2752083 (iowa 2007).

Opinions

HECHT, Justice.

Michael Nash seeks review of the Iowa board of law examiners’ denial of his application to take the Iowa bar examination. After holding an evidentiary hearing on the question whether Nash possesses the requisite character and fitness to practice law, the board denied Nash’s application. We conclude Nash has satisfied his burden to demonstrate his good moral character and fitness to practice law. We therefore reverse the board’s denial of his application and grant his petition for permission to take the bar examination.

I. Background Facts and Proceedings.

On February 24, 2006, Michael Nash, a third-year law student at Creighton University School of Law, submitted an application to take the July 2006 Iowa bar exam. Question 32(h) of the application inquired whether Nash had ever been “formally or informally investigated, reprimanded, disciplined, discharged or asked to resign by an employer or educational institution for misconduct, including ... actions in disregard for health, safety and welfare of others.” Nash responded in the [72]*72affirmative, disclosing in 2002 he was accused of sexually abusing a minor approximately twenty years earlier while he was employed as a Roman Catholic priest in Juneau, Alaska.

Upon receipt of Nash’s application, the board initiated an investigation of his moral character and fitness to practice law. See Iowa Ct. R. 31.9(1) (2006)1 (“The Iowa board of law examiners shall make an investigation of the moral character and fitness of any applicant and may procure the services of any bar association, agency, organization, or individual qualified to make a moral character or fitness report.”). After completing its initial investigation into the sexual abuse allegations, the board notified Nash that his application to take the bar examination had been denied. See Iowa Ct. R. 31.11(3).

Nash filed a timely written request for a hearing before the board. He also requested, and the board granted, leave to take the bar examination pending the hearing.2 The board set a hearing date and appointed one of its attorney-members as the hearing officer. See Iowa Ct. R. 31.11(3) (d). Following the hearing, the hearing officer prepared a summary of the testimony and exhibits which he provided for consideration by the other members of the board. See Iowa Ct. R. 31.11(3)(⅞). The following is a brief summary of the relevant hearing evidence.

Nash was ordained a Roman Catholic priest in May 1980 and assigned to a church in Juneau, Alaska. During his early years as a priest, Nash was primarily involved in youth ministry in the Juneau diocese. In that capacity, Nash organized and led trips outside of Alaska for children in the diocese during the 1980s. Nash arranged the trips to occur during his personal summer vacation time, when he would be traveling to visit friends in the lower forty-eight states. While on the trips, the groups visited tourist sites, cathedrals, amusement parks, and an occasional play or show. Nash used the trips to give the children, many of whom hailed from logging camps, a “crash course” in basic manners, a broader world view, and a larger sense of the church. Nash invited only teenagers on these trips because they were able to take care of their own basic needs. On occasion, Nash piloted an airplane owned by the diocese to facilitate the trips.

Nash admitted he used spanking, tickling, push-ups, and sit-ups as disciplinary techniques during the trips. Nash further conceded he sometimes required the boys to remove their trousers prior to the spanking, tickling, or calisthenics. Nash denied he was sexually motivated in his choices of these disciplinary techniques, but stated he intended the experience to humiliate the children and encourage them to modify the behaviors for which they were disciplined. Nash employed the spankings and calisthenics as disciplinary techniques because as an adolescent he had experienced similar forms of punishment at a Catholic summer camp.

Nash also admitted that from 1981 to 2002 he often requested or “cajoled” boys under his watch to massage his feet and' neck. He typically requested the massages when he was tired from flying, driving, or walking for a long period of time. Nash admitted the massages occasionally may have occurred behind closed doors with only one boy present, but denied any sexu[73]*73al motivation for such conduct. Nash remained clothed at all times during the massages.

The board presented other evidence of alleged improprieties that were denied by Nash. One witness, Tracy Mettler, alleged Nash disciplined him on at least three occasions by spanking his bare buttocks. Mettler claimed his genitals were touched by Nash during these spankings which allegedly occurred in the late 1970s or early 1980s. Nash denies recollection of any contact with Mettler, but admits he occasionally issued bare-bottom spankings to children during that time period. Nash denies ever touching a boy’s genitals while administering a spanking.3

In 1989, after receiving a complaint by a parent upset about the disciplinary techniques used on her child during a summer trip, the bishop of the Juneau Diocese met with Nash. Nash told the bishop he was experiencing “burn-out” and was considering leaving the priesthood. In lieu of resignation, the bishop and Nash agreed that Nash would undergo an evaluation at a voluntary, long-term, custodial care residential center for Roman Catholic priests. Nash entered, and completed in 1990, a five-month residential holistic health program recommended in the evaluation report. The later stages of Nash’s therapy sessions focused on the appropriateness of his disciplinary techniques and the parameters of appropriate pastoral boundaries. The therapist recommended Nash redirect the focus of his ministry in order to become less closely involved with children. The record evidences that Nash complied with this recommendation when he resumed his parish responsibilities.

There are no allegations of improper conduct by Nash after the summer of 1989. In 1995, he was named diocese administrator by his fellow priests. Nash served in this capacity managing the day-to-day activities of the diocese until a permanent bishop was selected and installed in 1996. In July 1999, after taking a two-year sabbatical to earn a Master’s degree in theology with an emphasis in Christian ethics from the University of Louvain in Belgium, Nash returned to pastor a parish in Juneau. In 2001, he was appointed vicar general of the diocese and was authorized to take certain administrative actions in the Bishop’s absence.

In 2002, the Juneau Diocese investigated allegations that Nash engaged in inappropriate conduct with parish youths in the 1980s. The bishop appointed a review board consisting of parishioners to investigate the allegations. Before the review board, as he later did before the Iowa board of law examiners, Nash admitted using the disciplinary techniques described above. Although Nash steadfastly denied his conduct was sexually motivated, the information developed during the investigation was forwarded to the Vatican. On November 18, 2005, Nash was dismissed from the clerical state ex officio et pro bono Ecclesiae (for the good of the church).

[74]*74At the hearing before the board of law examiners, Nash offered testimony of twelve individuals who attested to his good moral character.

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Related

In Re Nash
257 P.3d 130 (Alaska Supreme Court, 2011)
In Re Nash
739 N.W.2d 71 (Supreme Court of Iowa, 2007)

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739 N.W.2d 71, 2007 Iowa Sup. LEXIS 116, 2007 WL 2752083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nash-iowa-2007.