Iowa Supreme Court Attorney Disciplinary Board v. Mary Ellen Kennedy
2013 Iowa Sup. LEXIS 102
| Iowa | 2013Background
- Mary Ellen Kennedy, Iowa attorney since 1993, faced six client-matter ethics complaints and prior discipline.
- Grievance Commission found numerous violations for neglect, miscommunication, and misleading conduct; recommended indefinite suspension with no reinstatement for at least one year.
- Kennedy had health issues (anxiety/depression/obsessive-compulsive disorder) and testified she is not presently fit to practice law.
- Board alleged violations across six matters: Robinson (dissolution), Merrill (reconsideration), Manning (postconviction), Flores (postconviction) and Williams, Stocks (dental malpractice).
- Kennedy admitted all violations under stipulation, while the Commission sought a longer suspension and mental-health conditioning for reinstatement.
- The Iowa Supreme Court affirmed an indefinite suspension without reinstatement for at least one year, conditioning reinstatement on mental-health certification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 1.1 competence in Stocks matter | Board contends Kennedy lacked necessary knowledge/skill in Stocks. | Kennedy argues limited neglect but asserts overall competence. | Kennedy violated 1.1 in Stocks; admitted in over her head. |
| Rule 1.3 diligence and promptness | Board shows repeated failure to take necessary actions across matters. | Kennedy contends health issues affected pace and actions. | Kennedy violated 1.3 through repeated neglect and delay. |
| Rule 1.4 communication with clients | Board demonstrates failure to keep clients reasonably informed. | Kennedy cites health and limited contact issues. | Kennedy violated 1.4 in multiple matters due to poor communication. |
| Rule 3.2 expediting litigation | Kennedy failed to expedite and prepare for hearings (Robinson, Merrill, Manning, Williams, Stocks). | Kennedy attributes delays to illness and systemic issues. | Kennedy violated 3.2 by failing to progress matters promptly. |
| Rule 8.2(a) false statements about public officials | Kennedy made false accusations in Flores letter about prosecutors. | Kennedy claimed information from sources; later testified misjudgments due to mental illness. | Kennedy violated 8.2(a) by making false, reckless statements about public officers. |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Thomas, 794 N.W.2d 290 (Iowa 2011) (negligence vs. lack of legal competence distinction)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Dunahoo, 799 N.W.2d 524 (Iowa 2011) (neglect cases; lack of competence not shown)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Van Ginkel, 809 N.W.2d 96 (Iowa 2012) (rule 32:1.3 violation; delineates repeated neglect as violation)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. McCarthy, 814 N.W.2d 596 (Iowa 2012) (suspension for neglect plus other misconduct; trust/account issues)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Johnson, 792 N.W.2d 674 (Iowa 2010) (suspension for neglect with other serious violations)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Joy, 728 N.W.2d 806 (Iowa 2007) (neglect plus pattern of delinquencies supporting longer suspension)