Iowa Supreme Court Attorney Disciplinary Board v. Jeffrey K. McGinness
2014 Iowa Sup. LEXIS 27
| Iowa | 2014Background
- McGinness, an Iowa-licensed attorney, failed to serve discovery on opposing counsel before a scheduled deposition and instead fabricated certificates of service by photocopying an older certificate and affixing a March 21 date.
- Opposing counsel discovered the falsification (metadata and handwriting comparison) and moved for sanctions; McGinness denied photocopying, retained an expert to contest the forgery, and made oral and written false statements to the district court.
- The district court found the certificates were fabricated, sanctioned McGinness (payments to opposing counsel and the Judicial Branch), and forwarded the matter to the Attorney Disciplinary Board.
- McGinness admitted the misconduct to the Board, expressed remorse, offered character evidence, but did not self-report prior to the court order and persisted in deceit until sanctioned.
- The Grievance Commission found violations of Iowa Rules of Professional Conduct 32:3.3(a)(1), 32:8.4(c), and 32:8.4(d) and recommended a six-month suspension; the Iowa Supreme Court reviewed de novo and adopted the six-month suspension.
Issues
| Issue | Plaintiff's Argument (Board) | Defendant's Argument (McGinness) | Held |
|---|---|---|---|
| Whether McGinness engaged in dishonest, fraudulent, deceitful, or misrepresentative conduct (Iowa R. Prof. Cond. 32:8.4(c)) | McGinness intentionally falsified certificates and lied repeatedly to opposing counsel and court | Admitted misconduct but emphasized single episode, remorse, community service, and lack of prior discipline | Violated 32:8.4(c); Board proved intentional misrepresentation by convincing preponderance |
| Whether McGinness violated candor to the tribunal (Iowa R. Prof. Cond. 32:3.3(a)(1)) | His written filing and oral statements to the court contained false assertions and omitted correction | Argued facts supported mitigation; conceded violations but argued sanction should be limited | Violated 32:3.3(a)(1); knowingly made false statements in filings and at hearing |
| Whether his conduct was prejudicial to administration of justice (Iowa R. Prof. Cond. 32:8.4(d)) | Fabrication forced an unnecessary sanctions hearing, wasting court resources and impeding efficient operation | Not disputed that hearing occurred; mitigation stressed absence of client harm | Violated 32:8.4(d); conduct impaired court efficiency and wasted resources |
| Appropriate sanction (length of suspension) | Six-month suspension appropriate given repeated deceit and attempted cover-up | Requested shorter suspension (e.g., three months) citing mitigation: remorse, community service, no prior discipline, limited client harm | Six-month suspension with no reinstatement for six months upheld as proportional to seriousness and aggravating facts |
Key Cases Cited
- Stein v. Iowa Supreme Court Bd. of Prof'l Ethics & Conduct, 586 N.W.2d 523 (Iowa 1998) (suspension where lawyer falsely certified service to conceal neglect)
- Kallsen v. Iowa Supreme Ct. Att'y Disciplinary Bd., 814 N.W.2d 233 (Iowa 2012) (false court filings and forgery as basis for discipline)
- Van Ginkel v. Iowa Supreme Ct. Att'y Disciplinary Bd., 809 N.W.2d 96 (Iowa 2012) (misrepresentations that impaired court operations warrant sanction)
- Wagner v. Iowa Supreme Court Att'y Disciplinary Bd., 768 N.W.2d 279 (Iowa 2009) (six-month suspension for false representations among other violations)
- Bauerle v. Committee on Prof'l Ethics & Conduct, 460 N.W.2d 452 (Iowa 1990) (six-month suspension for altering and backdating documents and false notarization)
- Rylaarsdam v. Iowa Supreme Court Bd. of Prof'l Ethics & Conduct, 636 N.W.2d 90 (Iowa 2001) (six-month suspension where misrepresentations and calculated concealment occurred)