Iowa Supreme Court Attorney Disciplinary Board v. Tarek A. Khowassah
2017 Iowa Sup. LEXIS 13
| Iowa | 2017Background
- Tarek A. Khowassah, admitted in 2005, faced disciplinary proceedings after two June 2014 alcohol-related incidents: public intoxication and sleeping in his car with the engine running.
- He pled guilty to public intoxication (simple misdemeanor) and OWI, second offense (aggravated misdemeanor).
- Prior history: private admonition for a 2011 OWI, a 2012 OWI conviction that resulted in a three-month suspension, and a previously suspended/inactive license.
- The Disciplinary Board charged violation of Iowa Rule of Professional Conduct 32:8.4(b) (criminal act reflecting adversely on fitness to practice); Khowassah stipulated to the violation.
- The Grievance Commission recommended a one-year suspension and medical proof of sobriety before reinstatement; the Supreme Court reviewed de novo and considered prior pattern, mitigation (treatment efforts), and aggravation (repeated offenses, noncompliance with treatment orders).
- Court concluded the conduct reflected a pattern of alcohol-related criminality affecting fitness to practice and imposed an indefinite suspension with no reinstatement for six months; reinstatement requires medical documentation of sobriety and fitness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Khowassah violated Iowa R. Prof’l Conduct 32:8.4(b) by committing criminal acts that reflect adversely on fitness to practice | Board: two alcohol-related convictions and prior history show a pattern undermining fitness and public confidence | Khowassah: incidents were nonviolent, occurred outside practice, mitigating rehabilitation efforts reduce culpability | Court: Violation proved; pattern of repeated OWIs and disrespect for law reflected adversely on fitness to practice |
| Appropriate sanction for the misconduct | Board/Commission: one-year suspension, plus requirement of medical proof of sobriety before reinstatement | Khowassah: thirty-day suspension sufficient given mitigation and nonprofessional context | Court: Indefinite suspension with no reinstatement for six months; reinstatement requires proof of sobriety and fitness; costs assessed to Khowassah |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Pederson, 887 N.W.2d 387 (Iowa 2016) (de novo review standard for disciplinary matters)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Bartley, 860 N.W.2d 331 (Iowa 2015) (court not bound by commission’s recommended sanctions)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Khowassah, 837 N.W.2d 649 (Iowa 2013) (prior disciplinary history relevant to sanctions)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Said, 869 N.W.2d 185 (Iowa 2015) (court may impose greater or lesser sanction than commission)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Wheeler, 824 N.W.2d 505 (Iowa 2012) (factors for assessing how criminal acts affect fitness to practice)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Keele, 795 N.W.2d 507 (Iowa 2011) (fitness to practice includes moral character and trustworthiness)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Templeton, 784 N.W.2d 761 (Iowa 2010) (need rational connection between criminal conduct and fitness to practice)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Cannon, 821 N.W.2d 873 (Iowa 2012) (prior convictions probative of pattern for sanctioning)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Weaver, 812 N.W.2d 4 (Iowa 2012) (alcoholism-related discipline and conditioning reinstatement on medical proof)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Powell, 830 N.W.2d 355 (Iowa 2013) (consistency in sanctions across similar attorney misconduct)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Clarity, 838 N.W.2d 648 (Iowa 2013) (alcoholism can mitigate when coupled with rehabilitative efforts)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Johnson, 774 N.W.2d 496 (Iowa 2009) (suspension for repeated OWI convictions)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Marcucci, 543 N.W.2d 879 (Iowa 1996) (off-duty alcohol-related criminality can still diminish public confidence in the bar)