Iowa Supreme Court Attorney Disciplinary Board v. Lori J. Kieffer-Garrison

Supreme Court of Iowa·Decided November 13, 2020·No. 20-0844·Published

Opinion

IN THE SUPREME COURT OF IOWA No. 20–0844

Submitted October 14, 2020—Filed November 13, 2020

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. LORI JO KIEFFER-GARRISON, Respondent.

On review of the report of the Iowa Supreme Court Grievance Commission.

In an attorney disciplinary action, the grievance commission recommends a one-year suspension for the attorney’s violation of ethical rules. LICENSE SUSPENDED.

Christensen, C.J., delivered the opinion of the court, in which all justices joined.

Tara van Brederode and Wendell J. Harms, Des Moines, for complainant.

Lori J. Kieffer-Garrison, Davenport, pro se.

CHRISTENSEN, Chief Justice.

The Iowa Supreme Court Attorney Disciplinary Board charged an Iowa attorney with violations of the Iowa Rules of Professional Conduct after she failed to consult with her client before signing his name to court filings, including a waiver of the client’s preliminary hearing and his right to a speedy trial, and allegedly made knowingly false statements to the court. The Iowa Supreme Court Grievance Commission found various violations of our ethical rules and recommended suspending the attorney’s

license to practice law indefinitely for a period of at least one year from the date of our holding in this matter. Upon our de novo review of the record,

we conclude the Board proved the alleged violations and suspend the attorney’s license to practice law indefinitely with no possibility of reinstatement for one year from the date of this opinion.

I. Factual and Procedural Background.

Lori Jo Kieffer-Garrison has been licensed to practice law in Iowa since 2002. In her approximately eighteen years of practice in Iowa, Kieffer-Garrison has incurred numerous sanctions for her violations of our ethical rules of conduct. In 2009 and 2010, she was privately admonished for violating Iowa Rules of Professional Conduct 32:1.3 and 32:8.4(d), each time for failure to cure a notice of default from the clerk of this court. In 2010, she also received a public reprimand from our court for violating rule 32:4.2 after she engaged in negotiations with an adverse party outside the presence of said party’s counsel and prepared a handwritten agreement for the adverse party to sign that already contained her client’s signature. In 2014, we suspended Kieffer-Garrison’s license to practice law for six months for violating rules 32:1.2(a), 32:1.3, 32:3.2, 32:3.3(a)(1), 32:8.4(c), and 32:8.4(d). See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Kieffer-Garrison, 847 N.W.2d 489, 492–96 (Iowa 2014). There, Kieffer-

Garrison “repeatedly missed appellate deadlines in several criminal cases, received twenty default notices as a consequence of those missed deadlines, failed to pay resulting penalties in a timely fashion over a period of two years,” and falsely represented to her client and the clerk of this court that she had timely filed an application for further review in a postconviction appeal by mail. Id. at 491–92.

Shortly after Kieffer-Garrison’s law license was reinstated, she was publicly reprimanded in January 2015 for violating rules 32:1.1,

32:1.4(a)(2)–(4), 32:1.4(b), and 32:1.16(d) in the course of representing three clients in postconviction-relief actions. Kieffer-Garrison failed to

inform one client of the court of appeals decision denying the client’s postconviction-relief action within the time available to seek further review by our court and of the need to apply for further review to preserve the client’s ineffective assistance claim for possible federal habeas corpus relief. In response to the complaint, Kieffer-Garrison declared she did not practice in federal court and did not “know the procedures for habeas corpus.”

She similarly failed to communicate with another client in a postconviction-relief action, including communications about the next step in his appeal after the court of appeals denied his application for postconviction relief. Kieffer-Garrison also failed to take the steps necessary to protect a client in another postconviction-relief action when she was ordered to withdraw from representing the client and subsequently ignored requests from the client and his new attorney for the client’s file. The Board concluded a suspension was unnecessary because her 2014 suspension “was contemporaneous or nearly contemporaneous” with the misconduct at issue in the reprimand.

Kieffer-Garrison was publicly reprimanded again in October 2017 for violating rules 32:3.4(c) and 32:8.4(d) after she cut her client’s signature from a court document and attempted to attach the cutout signature to a required pretrial conference form in front of a court attendant. She also permitted her client to leave before the pretrial conference had concluded, resulting in the district court’s issuance of a bench warrant for the client’s failure to appear that led to the client’s arrest and a pretrial conference at a later date.

The alleged violations in this case stem from Kieffer-Garrison’s court-appointed representation of Joseph Johnson in a criminal case in

2019. The district court first appointed Kieffer-Garrison to represent Johnson at his initial appearance on February 13, 2019. Kieffer-Garrison filed an appearance and waived the preliminary hearing for Johnson’s case the next day, and the district court subsequently canceled Johnson’s preliminary hearing and scheduled his arraignment for March 14. Kieffer- Garrison never communicated with Johnson about waiving the preliminary hearing.

On February 15, Kieffer-Garrison wrote Johnson a letter noting her appointment as his attorney and stated,

We must enter a written arraignment form and plea of not guilty. Please complete the enclosed documents, sign where indicated and return to me ASAP. I have provided a self-

addressed stamped envelope for your convenience. If an arraignment form is not filed, a warrant will be issued for your arrest.

Johnson never received the letter, and he arrived at the district court to attend his preliminary hearing on February 22 because Kieffer-Garrison did not inform him she had advised the court it was being waived. On March 12, Kieffer-Garrison filed a written arraignment and plea of not guilty on Johnson’s behalf, which included a signature purporting to be

Johnson’s, dated March 11, on the written arraignment and the plea of not guilty. However, as of March 12, Kieffer-Garrison had yet to communicate with Johnson or receive the written arraignment and plea she mailed him on February 15.

Two days later, the Scott County Attorney filed a trial information charging Johnson, who had been previously convicted of a felony, with having dominion or control of a firearm, and Johnson appeared before the district court for his arraignment. He told the court he had not met with

Kiefer-Garrison about his case and denied ever seeing the written arraignment Kieffer-Garrison filed on his behalf. Johnson denied signing

the written arraignment and provided the court with three forms of identification containing his signature.

The court and the assistant county attorney both compared the signature on the written arraignment with Johnson’s signature on his financial affidavit and application for appointment of counsel, as well as the three forms of identification Johnson provided. The court concluded the signature on the written arraignment had “similarities” to Johnson’s signature but was “not the same.” At that point, the court informed Johnson that it was “going to instruct Ms. Kieffer-Garrison that she is to have face-to-face contact with you” and continued the arraignment until March 21.

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