Iowa Supreme Court Attorney Disciplinary Board v. James A. Schall
2012 Iowa Sup. LEXIS 28
| Iowa | 2012Background
- Schall, Iowa attorney, faced discipline for failing to file state income tax returns and for misconduct in a client matter (Tesene) and related professional conduct violations.
- He failed to file tax returns for 1999, 2000, 2001, 2002, 2004, and 2005, later pleading guilty to aggravated misdemeanor counts for 2002, 2004, and 2005.
- Schall's personal hardships (caregiving for a terminally ill wife and his own cancer) coincided with disruptions to his practice and financial difficulties.
- Tesene, a felon imprisoned at the time, was represented by Schall in a felony theft case; Schall altered a plea form and notarized signatures without proper witnessing.
- Schall filed a speedy-trial demand after altering documents and misrepresented discussions with Tesene, leading to multiple hearings and ultimately a second motion to dismiss that was granted.
- The Grievance Commission recommended a public reprimand; the Iowa Supreme Court conducted de novo review and imposed an indefinite suspension with no reinstatement for six months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tax-filing violations amounted to professional misconduct | Schall failed to file returns violating ethics rules. | Not expressly argued in detail; issue conceded in part by Schall's answer. | Yes; violations found and disciplined. |
| Whether Schall’s Tesene conduct violated professional rules | Schall altered documents, notarized without witnessing, and misrepresented discussions, prejudicing justice. | Schall’s actions were disputed or claimed as misunderstanding of procedures. | Yes; violations established and sanction imposed. |
| What sanction is appropriate for Schall’s misconduct | Discipline should reflect serious misconduct and protect the public. | Consider mitigating factors; prior misconduct existed but not pervasive. | Indefinite suspension with no reinstatement for six months. |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Knopf, 793 N.W.2d 525 (Iowa 2011) (suspension range for tax-return failures; aggravating factor of extended nonfiling)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Runge, 588 N.W.2d 116 (Iowa 1999) (discipline framework: convincing preponderance of evidence)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Bauerle, 460 N.W.2d 452 (Iowa 1990) (notarization misconduct; six-month suspension)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Neuwoehner, 595 N.W.2d 797 (Iowa 1999) (suspension for multiple years of tax-filing failures)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. McKittrick, 683 N.W.2d 554 (Iowa 2004) (aggravating factor of prior misconduct in sanction decisions)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Hohenadel, 634 N.W.2d 652 (Iowa 2001) (mitigating factors considered in sanction)
- Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Grotewold, 642 N.W.2d 288 (Iowa 2002) (mitigating considerations in discipline)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Casey, 761 N.W.2d 53 (Iowa 2009) (effective rules; transition to RPC 32:8.4 standards)