Iowa Supreme Court Attorney Disciplinary Board Vs. Anthony Ray Johnson

792 N.W.2d 674, 2010 Iowa Sup. LEXIS 147, 2010 WL 5393525
CourtSupreme Court of Iowa
DecidedDecember 30, 2010
Docket10–0651
StatusPublished
Cited by39 cases

This text of 792 N.W.2d 674 (Iowa Supreme Court Attorney Disciplinary Board Vs. Anthony Ray Johnson) 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 Vs. Anthony Ray Johnson, 792 N.W.2d 674, 2010 Iowa Sup. LEXIS 147, 2010 WL 5393525 (iowa 2010).

Opinion

*676 STREIT, Justice.

The Iowa Supreme Court Attorney Disciplinary Board filed charges against the respondent, Anthony R. Johnson, alleging violations of the Iowa Rules of Professional Conduct relating to Johnson’s representation of four separate clients. The alleged misconduct primarily concerns Johnson’s failure to communicate with his clients and his neglect of their legal matters. Johnson failed to communicate with the board throughout the duration of the disciplinary process. Johnson did not file an answer to the board’s complaint, and therefore, the complaint’s allegations were deemed admitted at the misconduct hearing. Iowa Ct. R. 36.7. The commission found Johnson neglected client matters, failed to keep his clients informed or respond to their requests for information, failed to make necessary court filings or appear at court hearings, improperly presented an ex parte order to a court for signature, did not provide an accounting of fees or refund unearned attorney’s fees, and failed to respond to the board’s demand for information. The commission recommended Johnson be suspended for three years with no possibility of reinstatement and that, prior to reinstatement, Johnson be required to pay restitution, associate himself with a lawyer in good standing, maintain his continuing legal education (CLE) requirements, undergo a psychiatric and psychological evaluation, and complete a bar examination review class. Upon our review of the record, we suspend Johnson’s license to practice law for three years and order that prior to reinstatement, Johnson must pay restitution, maintain CLE credits, and undergo a mental health evaluation.

I. Background Facts and Prior Proceedings.

Johnson was admitted to practice in Iowa in 2007. Prior to his admission in Iowa, Johnson was suspended from practice in Illinois for three months and ordered to pay $9,794.50 in restitution for receiving an excessive fee in a routine probate matter. In 2008, the Iowa Supreme Court Attorney Disciplinary Board privately admonished Johnson for charging an unreasonable fee, lack of diligence, and failure to keep a client informed in violation of rules 32:1.5, 32:1.3, and 32:1.4. The board explained that Johnson had procrastinated five months before filing a client’s dissolution of marriage petition, filed an “embarrassingly sloppy” petition that referred to the parties’ children in a childless marriage, and charged an excessive fee in light of the limited and poor quality work Johnson performed.

The board filed the instant three-count complaint against Johnson in September 2009. The complaint alleged Johnson, during the course of four separate representations, violated ethical rules by failing to take action on client matters, neglecting to attend court hearings, failing to communicate with his clients, ceasing representation without notification, failing to take proper steps to protect his clients’ interests after ceasing representation, presenting an improper ex parte order to a court, and failing to cooperate with the board’s investigation.

Johnson did not file an answer to the board’s complaint. He did not answer the board’s interrogatories, request for production of documents, or request for admissions. The hearing was scheduled for December 21, 2009. On December 15, 2009, Johnson’s wife sent a letter informing the commission that Johnson would not be able to attend the scheduled hearing because he was currently incarcerated in the Polk County jail for failure to pay child support. Neither Johnson nor an attorney representing him requested a continuance.

*677 Johnson did not attend the hearing, nor did he mount a defense or response to the complaint. The board’s evidence is uncontested. The board’s complaint is deemed admitted pursuant to Iowa Court Rule 36.7 because Johnson failed to file an answer. The board also deemed the request for admissions, received into evidence as exhibit 1, admitted because Johnson failed to respond. See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Moonen, 706 N.W.2d 391, 395 (Iowa 2005) (accepting board’s exhibits as uncontested when attorney failed to respond to complaint or request for admissions). Although the complaint was deemed admitted, the commission conducted a hearing, admitted exhibits one through eight, and heard the testimony of Robert Peters, a client of Johnson. After the hearing, the commission filed its findings of fact, conclusions of law, and recommendations, concluding the board had proven its allegations and recommending a three-year suspension along with other conditions for reinstatement.

II. Standard of Review.

We review attorney disciplinary proceedings de novo. Iowa Ct. R. 35.10(1). “The commission’s findings and recommendations are given respectful consideration, but we are not bound by them.” Iowa Supreme Ct. Att’y Disciplinary Bd. v. Earley, 774 N.W.2d 301, 304 (2009). “The board has the burden of proving attorney misconduct by a convincing preponderance of the evidence.” Id. “This burden is less than proof beyond a reasonable doubt, but more than the preponderance standard required in the usual civil case.” Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Lett, 674 N.W.2d 139, 142 (Iowa 2004). Once we find the misconduct has been proven, “we ‘may impose a lesser or greater sanction than the discipline recommended by the grievance commission.’ ” Id. (quoting Iowa Ct. R. 35.10(1)).

III. Ethical Violations.

A. Neef Matter (Count I). In May 2008, Jacqualine Neef contacted Johnson to discuss how to get her son’s driver’s license reinstated despite a $200,000 lien filed against her son. Johnson advised that bankruptcy would void the lien. Johnson agreed to file the son’s bankruptcy petition in return for $800 plus $299 in court filing fees. Johnson informed Neef the process would take three to six months. After six weeks, Neef called Johnson to inquire about the proceeding; Johnson assured her things were progressing. On September 13, 2008, Neef observed that Johnson no longer appeared to work in his Newton, Iowa law office. Neef attempted to contact Johnson on numerous occasions, including visiting his former law office, calling repeatedly, and visiting Johnson’s home. When Neef left a message on Johnson’s cell phone informing him she was starting fraud charges and contacting the Iowa bar, Johnson called back and admitted he still had not filed the bankruptcy petition. Johnson never filed the petition and never returned any of Neef s fees.

The commission found violations of ethical rules 32:1.1 1 32:1.3, 32:1.4, 32:1.16(d), *678 and 32:8.4(a) 2 , (c), and (d). Under ethical rules prohibiting neglect, attorneys must advance and protect their clients’ interests and attend to matters entrusted to their care in a reasonably timely manner.

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792 N.W.2d 674, 2010 Iowa Sup. LEXIS 147, 2010 WL 5393525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-supreme-court-attorney-disciplinary-board-vs-anthony-ray-johnson-iowa-2010.