Iowa Supreme Court Attorney Disciplinary Board Vs. Anthony Ray Johnson
792 N.W.2d 674
| Iowa | 2010Background
- Anthony R. Johnson, Iowa-licensed attorney, admitted in 2007; prior Illinois suspension for excessive fees; privately admonished in Iowa in 2008 for fee issues and neglect.
- Board charged Johnson in September 2009 with four client representations violations of the Iowa Rules of Professional Conduct based on neglect, poor communication, and mismanagement of fees.
- Johnson did not answer the complaint or respond to discovery; the hearing proceeded and the Board’s complaint was deemed admitted under Iowa Court Rule 36.7.
- Commission found neglect, failure to communicate, failure to respond, improper ex parte order, and failure to account for fees across Neef, Peters, Miller, and Steibel matters.
- Court reviewed de novo; suspension recommended by the Commission for three years with restitution and readmission conditions; Court suspends license for three years and imposes restitution and mental health/CLE measures prior to readmission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Johnson violate governing duties in Neef matter? | Board proved neglect and misrepresentation. | Johnson contends no additional prejudicial impact shown. | Yes; violations found, with related misconduct identified. |
| Did Johnson commit ex parte misrepresentation in Peters matter? | Johnson drafted and presented ex parte order without consent. | Not explicitly contended beyond overall neglect. | Yes; violated candor and ex parte communication rules. |
| Did Johnson neglect Miller and Steibel and fail to return unearned fees? | Board established failure to file, respond, and refund fees. | No sufficient evidence of proper handling? | Yes; violations of 32:1.3, 32:1.4, 32:1.16(d) and related rules. |
| Is a three-year suspension with strict reinstatement conditions warranted? | Multiple neglects plus prior discipline justify severe sanction. | (Not explicitly stated) | Yes; three-year suspension with restitution and health/CLE requirements. |
| What readmission prerequisites are appropriate? | Restitution, CLE maintenance, health evaluation, and supervision described. | Court cannot order supervision as a condition; others remain. | Readmission conditioned on restitution, CLE, and health evaluation; supervision not imposed. |
Key Cases Cited
- Ackerman, 786 N.W.2d 495 (Iowa 2010) (standard for disciplining conduct and aggravating factors considered)
- Templeton, 784 N.W.2d 761 (Iowa 2010) (conduct prejudicial to administration of justice; duty to be truthful to court)
- Hoglan, 781 N.W.2d 279 (Iowa 2010) (neglect and failure to prosecute; duty to act with reasonable diligence)
- D’Angelo, 619 N.W.2d 333 (Iowa 2000) (three-year suspension for multiple violations including neglect and misrepresentation)