Iowa Supreme Court Attorney Disciplinary Board v. Bjorklund

725 N.W.2d 1, 2006 Iowa Sup. LEXIS 164, 2006 WL 3525125
CourtSupreme Court of Iowa
DecidedDecember 8, 2006
Docket06-0082
StatusPublished
Cited by4 cases

This text of 725 N.W.2d 1 (Iowa Supreme Court Attorney Disciplinary Board v. Bjorklund) 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.

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Iowa Supreme Court Attorney Disciplinary Board v. Bjorklund, 725 N.W.2d 1, 2006 Iowa Sup. LEXIS 164, 2006 WL 3525125 (iowa 2006).

Opinion

TERNUS, Chief Justice.

The respondent, Dennis Bjorklund, is no stranger to the disciplinary process, having received two prior private admonitions and a prior public reprimand for violations of our advertising rules. In the matter before us, the Iowa Supreme Court Grievance Commission found that Bjorklund had violated numerous disciplinary rules based on a broad range of misconduct, including presenting misleading and false testimony in a prior disciplinary hearing and refusing to refund unearned fees to clients. The commission, with one member dissenting, recommends that Bjork- *4 lund’s license be revoked. Given the serious and pervasive nature of Bjorklund’s ethical missteps, we conclude he lacks the character required to practice law. Accordingly, we revoke his license to practice law in this state.

I.The Commission’s Report.

In July 2005 the Iowa Supreme Court Disciplinary Board filed a complaint against Bjorklund, alleging eight separate instances of misconduct that violated the Iowa Code of Professional Responsibility for Lawyers. Bjorklund did not file an answer to the complaint, nor did he respond to requests for admissions. As a result, at the hearing on the board’s complaint, the commission ruled that the allegations of the complaint were considered admitted. Notwithstanding the commission’s ruling, the board offered exhibits and the testimony of several witnesses supporting the charges made in the complaint. Based on Bjorklund’s failure to answer the complaint and the board’s evidence, the commission found the board had proved each of its allegations of misconduct by a convincing preponderance of the evidence.

The commission was divided on the issue of the appropriate sanction. All members but one believed Bjorklund’s license to practice law should be revoked. The majority relied on Bjorklund’s prior disciplinary history and also cited his “disturbing history of failing to respond and cooperate with necessary investigations initiated” by local and state disciplinary boards and his “deliberate effort ... to mislead and deceive the Commission.” One commission member recommended a twenty-four-month suspension coupled with significant prerequisites to reinstatement, including a psychological examination and passage of the bar exam.

II. Scope of Review.

Our review of the findings of the Grievance Commission is de novo. Iowa Supreme Ct. Attorney Disciplinary Bd. v. McGrath, 713 N.W.2d 682, 695 (Iowa 2006). When a lawyer fails to file an answer to the board’s complaint or respond to requests for admissions, the allegations of the complaint are deemed admitted, as are the requests for admissions. Iowa Ct. R. 36.7; Iowa Supreme Ct. Attorney Disciplinary Bd. v. Moonen, 706 N.W.2d 391, 396 (Iowa 2005). Ethical violations must be proved by a convincing preponderance of the evidence. Moonen, 706 N.W.2d at 396. We now discuss each charge.

III. Count I: Prior False Testimony.

A. Factual findings. In count I, the board alleged Bjorklund gave false testimony at a prior hearing before the commission. In 2000 the board filed a complaint against Bjorklund claiming he violated our advertising rules by virtue of an advertisement appearing in a pamphlet entitled “Movie Facts.” The advertisement implied that a person caught drinking and driving could be helped by Bjork-lund. It noted Bjorklund had authored a book on drunk driving offenses, “Drunk Driving Defense: How to Beat the Rap,” and it advised the reader to call a phone number shown in the ad.

At the hearing on this complaint, Bjork-lund claimed he was not responsible for the ad. He testified he knew the publisher of his book, Praetorian Publishing, intended to place an ad in “Movie Facts,” but Bjorklund claimed he had no knowledge of the contents of the ad and had no involvement in its placement. Bjorklund also asserted the phone number in the ad was the publisher’s line. At the hearing, Bjork-lund stated he did not call the publisher to *5 testify on his behalf because “Darcie — I think it was Baumgart — was out of town.”

When the matter came before this court, we held the ad violated several disciplinary rules, but based on the limited evidence presented at the hearing, coupled with Bjorklund’s denial of any active role in placing the ad, we concluded the board had failed to establish that Bjorklund was responsible for the ad. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Bjorklund, 617 N.W.2d 4, 9 (Iowa 2000). Nonetheless, we stated Bjorklund had a responsibility to ensure that the proposed advertisement of his book by the publisher did not violate the disciplinary rules. Id. at 10. Because he had failed to do so, he was publicly reprimanded for the improper advertisement. Id.

The evidence at the hearing on the current charge flatly contradicted Bjorklund’s testimony in the prior proceeding. The more recent evidence was uncovered by the board when it began to investigate Bjorklund’s relationship with Praetorian Publishing after receiving several complaints from persons who had received unsolicited advertising materials from Bjork-lund bearing Praetorian Publishing’s logo. The board discovered the post office box for Praetorian Publishing belonged to Rochelle Theroux who shared Bjorklund’s residence and who had jointly owned this residence with him since 1997. As early as 1999, Theroux had a bank account in her name doing business as Praetorian Publishing. Qwest records for the phone number used by Praetorian Publishing showed that number was in Theroux’s name and the telephone service was with “Dennis.”

At the hearing on the “Movie Facts” complaint, Bjorklund introduced written communications with Praetorian Publishing that contained a Wisconsin address for the company. During the board’s 2003 investigation, the board learned that the address on these documents was for a house rented by Darcie Baumgart, the individual identified by Bjorklund in the pri- or hearing as working for Praetorian Publishing. In fact, Darcie Baumgart was the long-time girlfriend of Bjorklund’s brother, James.

In addition to these revelations, the board discovered a two-page document confirming that Bjorklund was, contrary to his denial at the previous hearing, the contact with “Movie Facts” for the advertisement that was the subject of that hearing. Other documents show that Theroux frequently corresponded with Morris Publishing (with whom she placed orders for Bjorklund’s book) on Praetorian Publishing letterhead. The address used by Morris Publishing to correspond with Praetorian Publishing was often Bjorklund’s law office address.

We conclude, as alleged by the board, that Bjorklund’s testimony at the prior hearing was patently false, and he knew it was false. Moreover, the documents he provided to the board and the commission in connection with the prior disciplinary charge were fraudulent.

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725 N.W.2d 1, 2006 Iowa Sup. LEXIS 164, 2006 WL 3525125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-supreme-court-attorney-disciplinary-board-v-bjorklund-iowa-2006.