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

646 N.W.2d 91, 2002 Iowa Sup. LEXIS 112, 2002 WL 1286079
CourtSupreme Court of Iowa
DecidedJune 12, 2002
Docket02-0210
StatusPublished
Cited by7 cases

This text of 646 N.W.2d 91 (Iowa Supreme Court Board of Professional Ethics & Conduct v. Remer) 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. Remer, 646 N.W.2d 91, 2002 Iowa Sup. LEXIS 112, 2002 WL 1286079 (iowa 2002).

Opinion

STREIT, Justice.

An Iowa attorney admittedly engaged in a long course of self-dealing but claims he violated no rules of professional responsibility because he did not harm anyone. The Iowa Supreme Court Board of Professional Ethics and Conduct filed a complaint with our Grievance Commission against respondent, George Remer, alleging he violated several ethical rules and recommended we suspend Remer’s license to practice law for three years. Our review is required by Iowa Court Rule 35.10 (2002). We agree with the Commission’s findings of misconduct and its recommended sanction.

I. Background and Facts

This case comes before us on its return from a remand to the Grievance Commission. The Iowa Supreme Court Board of Professional Ethics and Conduct initiated attorney disciplinary proceedings against George Remer based on Remer’s unprofessional conduct while acting as guardian and conservator of his aunt, Bessie Jordan.

Jordan’s primary asset was a 423-acre family farm. Jordan and her sister, Lucille Remer (mother of George Remer), operated the farm as a farm partnership. Beginning in 1974, Remer ostensibly acted as the farm manager. Remer was appointed to act as conservator of Jordan’s estate from September 16, 1985, to Jordan’s death on October 9, 1992. No guardian ad litem was appointed for Jordan. In September 1987, Lucille died with the resulting property disposition leaving Jordan 68.75% outright ownership of the farm and a life interest in another 10.42%.

In March 1987, Remer formed Garden Farm Inc. in which Remer’s wife was the sole shareholder. Remer, acting as farm manager, leased Jordan’s, interest and the other fractional interests in the family farm to GFI as tenant. Remer did not seek court approval for this transaction. During the same year, Remer, as conservator, arranged for Jordan to lease two new grain bins for the farm with an option to buy. At the request of the grain bins seller, Remer obtained court approval for this transaction.

In August 1988, Remer obtained court approval for the sale of Jordan’s fee simple interest in the farm to GFI. Remer claimed the sale of the farm was in Jordan’s best interest because she did not have sufficient funds to meet her present needs. Remer obtained two appraisals of the farm property. One appraisal valued the farm at $525 per acre and the other *93 appraisal value was $575 per acre. Signed bank statements from 1986 and 1987 showed the farm was worth $700 per acre. Remer proposed to sell Jordan’s interest in the farm for $575 per acre. Remer did not attempt to find a buyer other than GFI and he did not inform Jordan or other family members of his intention to sell and purchase Jordan’s interest in the farm. Four months after the appraisals were made, two orders approving the sale were entered without notice to Jordan or anyone acting on her behalf other than Rem-er, as the conservator/applicant.

Jordan died on October 9, 1992. Rem-er’s wife was appointed administrator of the Jordan estate and Remer as attorney for the estate. In May 1994, Gail Griffith Lovell, the current administrator of Jordan’s estate, filed a petition for the removal of Remer’s wife as administrator. In response, both Remer and his wife resigned from their respective positions. Lovell was then appointed to serve as Jordan’s administrator. Lovell filed an action to set aside the sale of Jordan’s interest in the farm to GFI asserting the sale was not in Jordan’s best interests and was the result of Remer’s self-dealing.

The district court did not set aside the sale, finding the price GFI paid for Jordan’s interest in the farm was fair and the sale was in Jordan’s best interests. The district court also concluded Remer did not breach a fiduciary duty in failing to liquidate a walnut grove on the farm prior to its sale to GFI. However, the court concluded Remer (1) improperly imposed the grain bin expense on Jordan; (2) improperly obtained farm management fees for services that did not benefit Jordan; (3) improperly transferred $6000 of Jordan’s money to her sister Lucille’s estate when no money was owed to Lucille; (4) improperly charged Jordan for accounting services necessary to remedy Remer’s poor bookkeeping practices; (5) failed to pay Jordan her share of rental income attributable to her life estate interest; (6) improperly charged Jordan’s life tenancy interest for improvements made after the sale of her fee simple interest; and (7) improperly charged Jordan for penalties incurred as a result of Remer’s failure to pay her real estate taxes on time. In the Matter of Guardianship & Conservatorship of Jordan v. Remer, 616 N.W.2d 553, 557-58 (Iowa 2000).

On appeal, we concluded the sale of Jordan’s interest in the farm to GFI was not in her best interests and should not have been approved by the district court. Id. at 561. We remanded for a determination of whether the improvements were beneficial to Jordan because, if they were beneficial, the judgment against Remer would need to be altered. Id. at 559-60. As to all of the other findings of the district court, we affirmed.

The Iowa Supreme Court Board of Professional Ethics and Conduct filed a complaint against Remer alleging his conduct as Jordan’s conservator and guardian violated the rules of professional responsibility. The Grievance Commission conducted a hearing to determine whether Remer violated the rules of professional conduct. At a hearing on the matter, the Commission admitted into evidence two district court rulings in the civil case. The Commission’s findings came before us on de novo review and we vacated the Commission’s report because the Board relied only on the district court ruling as a factual basis for its findings that Remer was guilty of misconduct. The Board asserted the trial court’s findings should be accorded res judicata effect. Finding the doctrine of issue preclusion should not have been used, we remanded for a new hearing. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Remer, 617 N.W.2d 269, *94 272 (Iowa 2000). We now have before us the findings and recommendations of the Commission made as a result of the new hearing.

II. Scope of Review

We review the findings and recommendations of the Grievance Commission de novo. Iowa Ct. R. 35.10. We give respectful consideration to the Commission’s findings and recommendations, but are not bound by them. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Lemanski, 606 N.W.2d 11, 13 (Iowa 2000). The Grievance Commission has the burden to prove misconduct by a convincing preponderance of the evidence. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Sherman, 619 N.W.2d 407, 409 (Iowa 2000).

III. The Commission’s Findings

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Bluebook (online)
646 N.W.2d 91, 2002 Iowa Sup. LEXIS 112, 2002 WL 1286079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-supreme-court-board-of-professional-ethics-conduct-v-remer-iowa-2002.