Iowa Supreme Court Attorney Disciplinary Board v. Ronald Lee Wheeler
2012 Iowa Sup. LEXIS 107
| Iowa | 2012Background
- Wheeler pled guilty to knowingly making a false statement to a financial institution on a mortgage application, a federal felony.
- Iowa Board filed a disciplinary complaint alleging multiple violations of Iowa Rules of Professional Conduct.
- Grievance Commission found a rule violation and recommended a six‑month suspension with no reinstatement.
- The court reviews the commission’s findings de novo and may impose a sanction different from the recommendation.
- The board invoked issue preclusion to bar relitigation of Wheeler’s criminal conduct, and Wheeler’s actions involved misrepresentation on loan applications to benefit a client.
- The court imposes an indefinite suspension with no reinstatement for not less than six months, after considering mitigating factors and similarities to Bieber
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether issue preclusion bars relitigation of Wheeler’s criminal conduct | Wheeler pled guilty; Board invoked rule 35.7(3) | Wheeler argues not relitigating is proper given prior federal conviction | Yes; issue preclusion applies |
| Whether Wheeler violated Rule 32:8.4(b) | Criminal act reflects adversely on fitness to practice | Guilty plea shows misrepresentation but not intent to practice dishonestly | Violated 8.4(b) |
| Whether Wheeler violated Rule 32:8.4(c) | Conviction shows conduct involving misrepresentation | Interested standard requires scienter beyond plea | Violated 8.4(c) |
| Whether Wheeler violated Rule 32:8.4(d) | Criminal act prejudicial to administration of justice | No direct judicial proceedings involved | Not proven under 8.4(d) |
| Appropriate sanction for Wheeler’s misconduct | Six‑month suspension consistent with similar cases | Mitigating factors may reduce sanction | Six‑month suspension with no reinstatement, proceeding to enforce indefinite suspension |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Bieber, 824 N.W.2d 514 (Iowa 2012) (revoke or suspend for fraud similar to Bieber discussed by court)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Templeton, 784 N.W.2d 761 (Iowa 2010) (limits on criminal conduct as basis for discipline; need connection to fitness)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Iversen, 723 N.W.2d 806 (Iowa 2006) (mitigating factors, community service as consideration)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Polsley, 796 N.W.2d 881 (Iowa 2011) (revocation for misappropriation of funds)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Nelsen, 807 N.W.2d 259 (Iowa 2011) (license revoked for misappropriation of funds)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Keele, 795 N.W.2d 507 (Iowa 2011) (fitness, public confidence, and moral character considerations)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Ireland, 748 N.W.2d 498 (Iowa 2008) (set of factors for sanction decisions; multiple mitigating considerations)