Iowa Supreme Court Attorney Disciplinary Board v. Tarek A. Khowassah
2013 Iowa Sup. LEXIS 103
Iowa2013Background
- Khowassah admitted to the Iowa bar in 2005 and practiced privately until 2010.
- He was hired by the Waterloo office of the state public defender in April 2011 and was OWI first offense in April 2011, later convicted.
- Board privately admonished him in December 2011 for the OWI conviction under Rule 32:8.4(b).
- In March 2012, during military leave, he was arrested for OWI second offense but his orders were rescinded; he did not report the rescission and continued to receive military leave pay.
- In 2012 he reimbursed $5,678.40 the same day he was confronted; October 2012 he was convicted of the lesser offense of OWI, first offense.
- The Grievance Commission recommended three or six months’ license suspension; the Court suspended the license indefinitely for three months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OWI conviction support 32:8.4(b) violation? | Khowassah committed criminal act reflecting fitness. | Mental state and lack of victims mitigate or negate nexus. | Yes; OWI reflects adversely on fitness. |
| Did theft occur for misappropriation of military leave pay? | Misappropriation evidenced by keeping funds. | No intent to deprive; funds returned promptly after confrontation. | No theft proven; no 32:8.4(b) theft violation. |
| Whether conduct involving dishonesty, fraud, deceit, or misrepresentation was shown? | Retention of funds misrepresented entitlement. | Actions were negligent, not dishonest; after confrontation repayment happened. | Yes; conduct involving dishonesty, deceit, or misrepresentation proven. |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Weaver, 812 N.W.2d 4 (Iowa 2012) (discipline standards; de novo review and preponderance of evidence standard)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Cannon, 821 N.W.2d 873 (Iowa 2012) (Templeton factors; nexus between acts and fitness)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Templeton, 784 N.W.2d 761 (Iowa 2010) (pattern of criminal conduct; factors for fitness assessment)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Knopf, 793 N.W.2d 525 (Iowa 2011) (facts binding; stipulations not controlling for violations or sanctions)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Roush, 827 N.W.2d 711 (Iowa 2013) (dealing with depression/alcoholism not excusing violations; pattern considerations)