Iowa Supreme Court Attorney Disciplinary Board v. Stanley A. Roush
2013 Iowa Sup. LEXIS 19
Iowa2013Background
- Roush, an Iowa attorney, has a long federal criminal defense practice and admitted alcohol dependence with prior marijuana conviction.
- He was convicted in 2003 of misdemeanor possession and in 2011 of felony possession of cocaine base after a DEA sting; he received jail time and fines.
- He reported his conduct to the Board in 2011 and admitted the violation of the Iowa Rules of Professional Conduct; he continued practicing with reduced workload.
- The Grievance Commission found a violation of Rule 32:8.4(b) and recommended a six-month suspension with reinstatement conditions.
- The Board and Roush proposed sanctions; Cannon (thirty days) and Sloan (three+ months) are cited as guidance; the court ultimately weighs aggravating/mitigating factors.
- The court imposes a sixty-day suspension and conditions reinstatement on mental health and substance-abuse evaluations, declining the disengagement condition for the long-time client suggestion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 8.4(b) was violated by Roush | Board: violation established by criminal conduct | Roush: acknowledges violation but argues no client impact | Yes, violation established |
| What sanction is appropriate for the violation | Board: guidance from Cannon; six months acceptable | Roush: six months too long; seeks Cannon-like suspension | Sixty-day suspension warranted |
| Role of prior admonition as aggravation | Aggravating factor due to prior admonition | Mitigated by cooperation and treatment; admonition weighings considered | Admonition weighs as aggravation, but not sole basis for long suspension |
| Conditions for reinstatement | Commission’s four reinstatement conditions appropriate | Disengagement from representation unnecessary absent conflict evidence | Reinstatement conditioned on mental health and substance-abuse evaluations; no disengagement required |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Cannon, 821 N.W.2d 872 (Iowa 2012) (guides sanction range; pattern of criminal conduct matters)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Sloan, 692 N.W.2d 826 (Iowa 2005) (suspension for drug-related offenses when involving drug-using attorney in criminal defendants’ practice)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Stefani, 616 N.W.2d 550 (Iowa 2000) (six-month suspension for cocaine possession; probation issues highlighted)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Marcucci, 543 N.W.2d 879 (Iowa 1996) (six-month suspension for OWI third offense under old framework)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Axt, 791 N.W.2d 98 (Iowa 2010) (uses depression/chemical dependency context in mitigation)