Iowa Supreme Court Board of Professional Ethics & Conduct v. Bell

650 N.W.2d 648, 2002 Iowa Sup. LEXIS 171
CourtSupreme Court of Iowa
DecidedSeptember 5, 2002
DocketNo. 02-0651
StatusPublished
Cited by43 cases

This text of 650 N.W.2d 648 (Iowa Supreme Court Board of Professional Ethics & Conduct v. Bell) 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 Board of Professional Ethics & Conduct v. Bell, 650 N.W.2d 648, 2002 Iowa Sup. LEXIS 171 (iowa 2002).

Opinion

TERNUS, Justice.

This attorney disciplinary proceeding involves the conduct of attorney Curtis A. Bell in his role as treasurer of the Iowa Intellectual Property Law Association. The Iowa Supreme Court Grievance Commission found that Bell had made two withdrawals from the Association’s account, totaling $11,000.00, and had placed [650]*650these funds in his personal account for his individual use. Finding these actions violated Bell’s ethical obligations, the Commission recommends Bell’s license to practice law be suspended for five years.

We review de novo the record made before the Commission and decide the matter, taking into consideration the factual findings and disciplinary recommendation made by the Commission. Comm, on Prof'l Ethics & Conduct v. Shepler, 519 N.W.2d 92, 93 (Iowa 1994). While we agree with the factual findings made by the Commission in this case, as well as its conclusion that Bell’s conduct violated our disciplinary rules, we respectfully differ in our assessment of the appropriate sanction. We conclude Bell’s misconduct demonstrates his unfitness to continue in this profession and, accordingly, we revoke his license to practice law in this state.

I. Factual Findings.

We find the following facts. Bell was admitted to the Iowa bar in 1992. Since then, he has engaged in the private practice of law, primarily in the field of patent law.

In 1995, Bell became the treasurer of the Iowa Intellectual Property Law Association, a not-for-profit organization formed to promote intellectual property in Iowa. The Association holds an annual fall seminar, which is the primary source of income for the organization. Bell, as treasurer, was responsible for maintaining the Association’s funds.

Sometime in the latter part of 1998, Bell wrote a $2000 check on the Association’s account made payable to himself. In January 1999 he deposited this check in his personal bank account. In April 1999 Bell issued a second check to himself on the Association’s account, this time in the amount of $9000. This check was also deposited in Bell’s personal checking account and was used to pay Bell’s 1998 income taxes. Both withdrawals from the Association’s account were made without the knowledge or consent of the Association’s officers or members. In addition, Bell’s written and oral reports to the organization in his capacity as treasurer did not disclose these transactions.

Prior to the fall 2000 seminar, Bell’s secretary informed the Association of his April 1999 withdrawal of Association funds and his deposit of those moneys into his personal account. The Association president, Herbert Jervis, and a board member then met with Bell. When confronted with a copy of the $9000 check, Bell admitted that these funds were not in an Association account. Bell did not, however, reveal his initial $2000 withdrawal.

After this meeting, on October 4, 2000, Bell opened a savings account in the Association’s name and deposited $11,310.69 into the account. He testified this sum represented the $11,000 he had taken from the Association’s checking account with interest. Bell subsequently wrote to Jervis, informing Jervis that the missing funds had been returned to the Association. Bell then resigned from his position as treasurer.

Later, the Association’s new president, Jeffrey Harty, met with Bell. Bell was candid at this meeting about what had happened and admitted he made a mistake by taking an “inappropriate loan” from the Association. Bell told Harty he had always intended to put the funds in an interest-bearing account in the name of the Association, but through procrastination had never accomplished that objéctive.

Bell subsequently spoke with Harty by phone and told Harty that he — Bell—had consulted an attorney as to whether or not his conduct should be reported as an ethi[651]*651cal violation. Bell informed Harty that because he had no intent to deprive the Association of its funds, it was not necessary to report the matter to the Iowa Supreme Court Board of Professional Ethics and Conduct. When the Association board learned that Bell did not intend to inform the Ethics Board of his actions, Harty, on behalf of the Association, contacted the disciplinary authorities.

II. Disciplinary Proceedings.

The Ethics Board filed a complaint with the Grievance Commission alleging that Bell had misappropriated and converted funds belonging to the Association. The Board asserted this conduct violated the Iowa Code of Professional Responsibility for Lawyers DR 1-102(A)(1), (3), (4), and (6), which provides:

(A) A lawyer shall not:
(1)Violate a disciplinary rule.
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(3) Engage in illegal conduct involving moral turpitude.
(4) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
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(6) Engage in any other conduct that adversely reflects on the fitness to practice law.

After a hearing at which Bell, Harty, and others testified, the Commission concluded Bell had committed theft by misappropriation as defined in Iowa Code section 714.1(2) (2001), which states:

A person commits theft when the person does any of the following:
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2. Misappropriates property which the person has in trust, or property of another which the person has in the person’s possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner’s rights in such property....

The Commission concluded that Bell’s misappropriation of Association funds violated DR 1-102(A)(3) (illegal conduct involving moral turpitude) and (4) (conduct involving dishonesty, fraud, deceit, or misrepresentation) and reflected adversely on his fitness to practice law in violation of DR 1-102(A)(6). The Commission also noted that Bell’s conduct was prejudicial to the administration of justice, a violation of DR 1-102(A)(5).

III. Ethical Violations.

The Ethics Board must establish the .respondent’s violations of the code of professional responsibility by a convincing preponderance of the evidence. See Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Adams, 623 N.W.2d 815, 818 (Iowa 2001). We conclude the Board has satisfied this burden.

Having reviewed the record in this case, we concur in the Grievance Commission’s finding that Bell misappropriated Association funds. Bell took money of another under his control and used it in a manner inconsistent with the owner’s rights. Although Bell argues he always intended to place the money he took in an interest-bearing account in the Association’s name, his professed lack of intent to deprive the Association of its moneys is no defense to the crime of misappropriation. See State v. Ludvigson,

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