In the Matter of Honorable Daniel Lee BLOCK, Associate Juvenile Judge of the First Judicial District
816 N.W.2d 362
Iowa2012Background
- Judge Daniel Block, an Iowa associate juvenile court judge, is 48, married with three children, and has 14 years on the juvenile bench.
- On November 27, 2010, Block was arrested for operating while intoxicated, first offense, after alcohol consumption at a charity event and driving erratically with open alcohol in the car.
- He pled guilty to OWI, first offense, and received a deferred judgment; a substance-abuse evaluation indicated a dependency risk, and he completed a driving-under-the-influence education class.
- The Iowa Commission on Judicial Qualifications charged Block in March 2011 with substantial violations of Canon 1, including rules 51:1.1 and 51:1.2, and conduct bringing the judiciary into disrepute, which Block admitted to at the hearing.
- The Commission found Canon 1 and rules 51:1.1, 51:1.2 violated; the court held the conduct was substantial and warranted a public reprimand; private reprimand was not available once the application was granted.
- The court granted the application, issued a public reprimand, and noted the reprimand aligns with discipline in comparable DUI cases in other jurisdictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OWI conduct constitutes a substantial Canon 1 violation | Block violated Canon 1, 51:1.1, 51:1.2 | Block acknowledges misconduct but argues factors mitigate | Yes; conduct was a substantial Canon 1 violation |
| What discipline is appropriate given the factors | Discipline should be public reprimand based on factors | Private reprimand would be appropriate but not available | Public reprimand warranted; private reprimand not permissible under statute |
Key Cases Cited
- Weaver, 691 N.W.2d 725 (Iowa 2004) ( DUI-related discipline for a judge)
- In re McCormick, 639 N.W.2d 12 (Iowa 2002) (de novo review of judicial discipline; convincing evidence standard)
- In re Gerard, 631 N.W.2d 271 (Iowa 2001) (discipline aims to restore public confidence; factors for discipline)
- In re Hanley, 867 N.E.2d 157 (Ind. 2007) (comparative discipline for DUI-related judicial misconduct)
- In re D’Ambrosio, 723 A.2d 943 (N.J. 1999) (reprimand for judicial DUI conduct)
- In re Resnick, 842 N.E.2d 31 (Ohio 2005) (public reprimand for DUI-related misconduct)
- In re Binkoski, 515 S.E.2d 828 (W. Va. 1999) (public censure for DUI-related misconduct)