Iowa Supreme Court Attorney Disciplinary Board v. Peter Sean Cannon
2012 Iowa Sup. LEXIS 95
Iowa2012Background
- Cannon was admitted to the Iowa bar in 1983 and later practiced as a sole practitioner.
- The Board filed a three-count disciplinary complaint against Cannon on June 24, 2011 alleging convictions in 2009–2010.
- Counts: (I) operating a boat while intoxicated, first offense (2009); (II) possession of cocaine (2009); (III) operating a motor vehicle while intoxicated, first offense (2010).
- The Board alleged these convictions violated Iowa Rule of Professional Conduct 32:8.4(b) and invoked issue preclusion.
- The Grievance Commission recommended public reprimand; the Supreme Court conducted de novo review and imposed a thirty-day suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Cannon’s criminal conduct violate Rule 32:8.4(b) given a nexus to his fitness to practice? | Board contends criminal acts reflect on fitness. | Cannon argues factors mitigate without affecting fitness. | Yes, there is a sufficient nexus between conduct and fitness. |
| Do Cannon’s convictions establish a pattern of criminal conduct under Templeton? | Board asserts pattern shown by multiple substance-related offenses. | Cannon argues offenses are isolated incidents. | Yes, pattern evident and aggravating. |
| What sanction is appropriate for the rule 8.4(b) violation? | Board seeks reprimand; Commission recommended reprimand. | Cannon seeks lesser sanction or no suspension. | Thirty-day suspension warranted. |
| Do mitigating factors (treatment, remorse) outweigh aggravating factors? | Mitigation limited by pattern and risk. | Cannon’s treatment and remorse mitigate. | Mitigating factors exist but do not overcome significant aggravation, supporting suspension. |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Weaver, 812 N.W.2d 4 (Iowa 2012) (de novo review; nexus and discipline standards in attorney misconduct cases)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Templeton, 784 N.W.2d 761 (Iowa 2010) (Templeton factors for criminal acts and fitness to practice law)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Keele, 795 N.W.2d 507 (Iowa 2011) (nexus burden and pattern considerations)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Sloan, 692 N.W.2d 831 (Iowa 2005) (drug possession; mitigation and discipline implications)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Shuminsky, 359 N.W.2d 442 (Iowa 1984) (drug possession as professional discipline concern)