Iowa Supreme Court Attorney Disciplinary Board v. Kenneth J. Weiland, Jr.
862 N.W.2d 627
| Iowa | 2015Background
- Board charged Weiland with multiple ethical rule violations based on his handling of an appeal in a domestic relations case.
- Weiland admitted the factual allegations but denied violations, arguing he acted to protect the client’s interests.
- Weiland failed to file and serve a combined certificate and did not timely pay the transcript deposit for Pierce’s trial.
- Pierce’s appeal was dismissed for failure to comply with appellate rules after default notices and delays.
- Commission found violations of Rule 8.4(d) and Rule 3.2; concluded other alleged violations were not proven; recommended public reprimand.
- Court, reviewing de novo, affirmed the commission’s prejudicial conduct finding and sanction, and noted aggravating factors from Weiland’s disciplinary history.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Weiland violate rule 8.4(d)? | Board | Weiland | Yes, prejudicial conduct established |
| Did Weiland violate rule 3.2 by failing to expedite litigation? | Board | Weiland | Yes, violation proven |
| Did Weiland neglect under rule 1.3? | Board | Weiland | No neglect proven |
| Did Weiland commit candor violation under rule 3.3(a)(1)? | Board | Weiland | No deliberate false statement proven |
| Is a public reprimand an appropriate sanction? | Board | Weiland | Public reprimand warranted |
Key Cases Cited
- In re Conroy, 845 N.W.2d 59 (Iowa 2014) (de novo standard; misconduct must be proven by preponderance)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Wright, 758 N.W.2d 227 (Iowa 2008) (prejudice from clerical dismissal; protection of client interests not negating prejudice)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Dolezal, 796 N.W.2d 910 (Iowa 2011) (negligence versus neglect; multiple defaults; sanction guidance)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Hoglan, 781 N.W.2d 279 (Iowa 2010) (suspension for neglect of multiple appeals; aggravating factors)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Tompkins, 733 N.W.2d 661 (Iowa 2007) (precedent on conduct prejudicial to justice when failure to prosecute or move to dismiss)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Kieffer-Garrison, 847 N.W.2d 489 (Iowa 2014) (false statements to client and court; false certifications in certificates)