Iowa Supreme Court Attorney Disciplinary Board v. David L. Polsley v. Kathryn Sue Polsley
2011 Iowa Sup. LEXIS 18
| Iowa | 2011Background
- Polsleys, a husband-and-wife Iowa attorneys, converted government funds from a trust for their own use.
- Kathryn drew checks on the trust account for legal services and reimbursement of household bills after Mrs. Simpson's death.
- The trust account continued receiving SSA payments post-death, which were eventually reimbursed after discovery.
- The Polsleys pled guilty to a misdemeanor in federal court; Kansas Supreme Court later suspended their licenses for dishonesty.
- Iowa temporarily suspended their Iowa licenses; grievance commission recommended six additional months; court ultimately revoked licenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Issue preclusion applicability | Board; Kansas findings preclude relitigation. | Polsleys; challenge preclusion or its scope. | Yes; issue preclusion applies to Kansas findings. |
| DR 1–102(A)(3) illegal conduct involving moral turpitude | Board proved dishonesty via conversion of government property. | Polsleys contest framing of conduct as moral turpitude. | Violation proven. |
| DR 1–102(A)(4) dishonesty, fraud, deceit or misrepresentation | Conversion reflects dishonesty; violates rule. | Argues no broader dishonesty beyond conversion acts. | Violation proven. |
| DR 1–102(A)(5) conduct prejudicial to administration of justice | Conversion of entrusted funds prejudices the administration of justice. | Argues no additional prejudicial effect beyond crime. | Violation proven. |
| DR 1–102(A)(6) conduct reflecting adversely on fitness to practice | Kansas findings showing dishonesty reflect on fitness. | Argues insufficient nexus to fitness under Templeton standard. | Violation proven; sanctions appropriate. |
Key Cases Cited
- In re David L. Polsley, 85 P.3d 693 (Kan. 2004) (precludes Iowa review via issue preclusion; clear and convincing standard)
- In re Kathryn S. Polsley, 86 P.3d 531 (Kan. 2004) (precludes relitigation; dishonesty findings)
- Templeton, 784 N.W.2d 761 (Iowa 2010) (mere crime not always violation; factors for fitness)
- Carroll, 721 N.W.2d 788 (Iowa 2006) (norms of practice; not converting others' property)
- Lett, 674 N.W.2d 139 (Iowa 2004) (standard for sanctioning conduct of attorneys)
- Anderson, 687 N.W.2d 587 (Iowa 2004) (revocation often warranted for misappropriation)