Iowa Supreme Court Attorney Disciplinary Board v. John D. Hedgecoth

862 N.W.2d 354, 2015 Iowa Sup. LEXIS 41, 2015 WL 1585954
CourtSupreme Court of Iowa
DecidedApril 10, 2015
Docket14–2093
StatusPublished
Cited by25 cases

This text of 862 N.W.2d 354 (Iowa Supreme Court Attorney Disciplinary Board v. John D. Hedgecoth) 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
Iowa Supreme Court Attorney Disciplinary Board v. John D. Hedgecoth, 862 N.W.2d 354, 2015 Iowa Sup. LEXIS 41, 2015 WL 1585954 (iowa 2015).

Opinion

HECHT, Justice.

The Iowa Supreme Court Attorney Disciplinary Board (the Board) charged attorney John D. Hedgecoth with violating multiple rules of professional conduct after the Board received three separate complaints. After a hearing, the Iowa Supreme Court Grievance Commission (the commission) found Hedgecoth violated several rules and recommended suspension of his license for six months plus several conditions of reinstatement.

I. Background Facts and Proceedings.

Hedgecoth was admitted to the Iowa bar in 1998. He estimates that since being admitted, he has been actively practicing for seven-and-a-half years. He initially practiced law from 1998 to 2005, taking one year off in 2002 to run for political office. From 2005 to 2011, he closed his law practice and worked as a policy advis- or and political campaign staffer. After those endeavors were completed, Hedge-coth returned to the practice of law.

In June 2012, while engaged in the practice of law, Hedgecoth signed an employment contract with a gubernatorial candidate. The contract provided for a sliding scale of employment, initially requiring twenty percent of Hedgecoth’s time, and gradually increasing over time to a full-time commitment. Accordingly, from January through November 2014, Hedgecoth worked full time for the political campaign and did not actively practice law.

A. Odell Everett Matter. In July 2012, shortly after signing the employment contract with the political campaign, Hed-gecoth was court appointed to represent Odell Everett Jr. in a postconviction-relief appeal. On October 19, 2012, Hedgecoth was ordered to file a combined certificate and an application to waive filing fees. Hedgecoth did not comply with the order. Accordingly, on November 6, the clerk of the Iowa Supreme Court sent Hedgecoth a letter informing him default would be entered against his client if the documents were not immediately filed. Hedgecoth again failed to file the required documents, and as a result, on January 30, 2013, the clerk entered a notice of default and assessed a penalty of $150 against Hedge-coth.

Hedgecoth was given an additional fifteen days to cure the default and was warned that noncompliance could result in referral to the Board. The fifteen-day period elapsed with no response from Hed-gecoth. Several weeks later, on- March 6, Hedgecoth applied for and was granted an extension of time for curing the default. Despite the extension, Hedgecoth still failed to file the required documents, resulting in another notice of default and another penalty of $150. Although he received an express warning that his failure to cure the default could result in a referral to the Board, Hedgecoth took no action. Responding to Hedgecoth’s inaction, this court removed Hedgecoth as counsel on May 8 and notified the Board.

*358 On May 9, the Board notified Hedgecoth of the complaint and requested his response. Although he received the notice of complaint, Hedgecoth made no response. On July 10, the Board sent a second notice to Hedgecoth- requesting a response to the complaint, and again Hed-gecoth acknowledged receipt but did not respond. Accordingly, the Board’s administrator sought and we entered an order temporarily suspending Hedgecoth’s license to practice law. Hedgecoth eventually responded to the complaint, and the suspension was lifted.

B. Stephanie Sexton Matter. On August 16, 2012, Hedgecoth was court appointed as counsel for Stephanie Sexton in a criminal appeal. He filed his appearance on August 17. On October 19, the clerk of court issued an order directing Hedgecoth to file a combined certificate and application to waive filing fees within fourteen days. Hedgecoth failed to timely file the required documents. The clerk of court issued a notice of default and assessed a penalty of $150 against Hedgecoth for this conduct. The notice again warned Hedge-coth that the Board would be notified if he should fail to cure the default.

On March 6, 2018, Hedgecoth filed the combined certificate and an application to waive filing fees. Hedgecoth further indicated he would prepare a statement of the evidence or proceedings, but he failed to do so. On June 26, the clerk of court entered a second notice of default and assessment of penalty in the Sexton appeal when Hedgecoth failed to timely file a proof brief and designation of appendix. The notice warned the matter would be dismissed if the default was not remedied. Hedgecoth again failed to take responsive action. On July 30, this court removed Hedgecoth as Sexton’s counsel and notified the Board.

The Board subsequently mailed Hedge-coth a notice of complaint and requested his response. Hearing no response, the Board sought and we ordered temporary suspension of Hedgecoth’s license. Hed-gecoth was reinstated five days later after he filed a response to the complaint.

C. Lisa Howard Matter. In March 2013, Hedgecoth undertook the representation of Lisa Howard, a defendant in a civil matter. On Howard’s behalf, Hedge-coth filed an answer to the original petition and asserted counterclaims. On July 29, opposing counsel in the case filed a notice of serving discovery and subsequently served Hedgecoth with requests for production, interrogatories, and requests for admissions. Hedgecoth did not respond to these discovery requests.

On August 26, opposing counsel filed an amended petition. Hedgecoth did not file an answer. On September 5, plaintiffs counsel sent Hedgecoth a letter requesting discovery responses. After Hedgecoth failed to respond, opposing counsel filed a motion to compel discovery responses on September 13. Hedgecoth did not file any response or resistance to this motion.

On September 24, opposing counsel served a second set of interrogatories on Hedgecoth, and Hedgecoth again failed to respond. On October 15, the district court entered an order compelling discovery responses. On October 23, opposing counsel filed a motion for sanctions because Hed-gecoth had yet to comply with the district court’s October 15 order. Hedgecoth did not file a resistance to this motion.

On October 29, opposing counsel requested from Hedgecoth available dates for a deposition of Howard. After Hedge-coth failed to respond to this request, opposing counsel served a notice of deposition of the defendant on November 5. The deposition was scheduled for November 13, but neither Hedgecoth nor his client *359 appeared for the deposition. On November 14, opposing counsel filed a second motion for sanctions, and the district court held a hearing on the matter on November 21.

On November 22, the district court ordered Hedgecoth to file an answer to the second amended petition, provide responses to the first set of discovery requests and the second set of interrogatories, and make his client available for deposition by December 6. The court also ordered Hed-gecoth to pay the opposing party over $2100 in costs for attorney fees resulting from Hedgecoth’s failures to timely respond to discovery requests and his noncompliance with the court’s previous order compelling discovery. However, Hedge-coth failed to produce the requested discovery as ordered and opposing counsel filed a third motion for sanctions on December 6.

On December 13, the district court held a hearing on the third motion for sanctions. Hedgecoth attended the hearing, but arrived late.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Iowa Supreme Court Attorney Disciplinary Board v. Karen A. Taylor
887 N.W.2d 369 (Supreme Court of Iowa, 2016)
Iowa Supreme Court Attorney Disciplinary Board v. Sheree L. Smith
885 N.W.2d 185 (Supreme Court of Iowa, 2016)
Iowa Supreme Court Attorney Disciplinary Board v. Blake D. Lubinus
869 N.W.2d 546 (Supreme Court of Iowa, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
862 N.W.2d 354, 2015 Iowa Sup. LEXIS 41, 2015 WL 1585954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-supreme-court-attorney-disciplinary-board-v-john-d-hedgecoth-iowa-2015.