Iowa Supreme Court Attorney Disciplinary Board v. Jamie F. Deremiah
875 N.W.2d 728
Iowa2016Background
- Jamie F. Deremiah, a licensed Iowa lawyer practicing family and criminal law, pled guilty to domestic abuse assault (aggravated misdemeanor) and trespass (serious misdemeanor) after a July 2014 incident in which he broke into his partner’s home and repeatedly punched and injured her.
- Police documented facial bruising and swelling, a clump of the victim’s hair at the scene, and door damage from the forced entry; Deremiah was arrested and a no-contact order entered.
- Deremiah admitted an alcohol-related blackout but submitted evidence of ongoing treatment: substance-abuse evaluation, 24-week domestic-abuse program, individual therapy, AA attendance, and contact with the Iowa Lawyers Assistance Project.
- The Attorney Disciplinary Board charged violations of Iowa Rule of Professional Conduct 32:8.4(b) (criminal acts reflecting adversely on a lawyer’s fitness); the parties agreed the rule was violated; the primary dispute was sanction.
- The Grievance Commission recommended a 30-day suspension plus two years’ probation (divided votes among commissioners); the Supreme Court reviewed de novo and considered prior Iowa precedent applying the Templeton factors.
Issues
| Issue | Plaintiff's Argument (Board) | Defendant's Argument (Deremiah) | Held |
|---|---|---|---|
| Whether Deremiah’s conduct violated Iowa R. Prof. Cond. 32:8.4(b) | Criminal trespass and violent domestic assault reflect adversely on honesty, trustworthiness, and fitness | Conduct resulted from alcohol blackout; presents mitigating rehabilitation evidence | Violation proven; rule 32:8.4(b) applies (court independently reviewed and affirmed) |
| Effect of blackout/substance abuse on culpability and mitigation | Alcohol does not excuse violent criminal acts; mitigation limited absent full proof of incapacity | Blackout and sustained recovery efforts mitigate sanction | Alcoholism and treatment are mitigating factors but do not excuse misconduct; mitigation considered in sanctioning |
| Appropriate sanction for injurious domestic assault and trespass by an attorney | Recommended greater suspension (Board sought three months) to protect public confidence and deter others | Sought public reprimand, argued suspension would harm clients and practice | Court imposed indefinite suspension with no reinstatement for at least three months (greater than commission majority’s 30-day recommendation) |
| Conditions for reinstatement | N/A (Board sought sufficient safeguards) | Sought consideration of rehabilitation evidence; asked for limited sanction | Reinstatement requires hearing plus affidavit from physician (mental health) and substance-abuse evaluation showing fitness to practice; compliance with court rules required |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Templeton, 784 N.W.2d 761 (Iowa 2010) (adopted multi-factor approach for Rule 8.4(b) analysis)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Schmidt, 796 N.W.2d 33 (Iowa 2011) (domestic assault with injury can warrant suspension; mitigation for treatment efforts)
- Comm. on Prof’l Ethics & Conduct v. Patterson, 369 N.W.2d 798 (Iowa 1985) (three-month suspension for domestic assault causing bodily injury)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Keele, 795 N.W.2d 507 (Iowa 2011) (not all crimes warrant discipline; need nexus to practice or fitness)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Rousch, 827 N.W.2d 711 (Iowa 2013) (alcohol/drug use may mitigate but does not excuse misconduct; reinstatement fitness evaluations required)