Iowa Supreme Court Attorney Disciplinary Board Vs. Jeffrey Fields
2010 Iowa Sup. LEXIS 115
| Iowa | 2010Background
- Fields, an Iowa solicitor since 1997, practiced primarily criminal defense as a sole practitioner.
- Disciplinary Board alleged neglect in two client matters (Townsend civil rights case and Ferguson estate) and failure to file income tax returns for 2002–2004.
- Townsend action was pursued in federal court after removal; Fields failed to associate with an admitted federal attorney and did not timely respond to discovery or resistance to summary judgment, leading to dismissal and sanctions risk.
- Ferguson estate matter involved delinquency notices and a delayed interlocutory report; board inquiries were not timely answered and the estate closed in 2007 after several years of representation issues.
- Fields pleaded guilty in 2008 to two counts of fraudulent practice in the second degree for failure to file tax returns and pay taxes for 2002–2004; probation and civil penalties were imposed.
- Temporary license suspension began April 25, 2008, for failure to respond to the board’s inquiries; license remained suspended pending the disciplinary proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fields’ neglect and misrepresentations violated ethics rules | Board contends neglect and misrepresentation violated DR 6–101(A)(3), 32:1.3, 32:1.4, and 32:8.4(d) | Fields admitted neglect and misrepresentation but argued mitigations or non-incompetence in Ferguson | Yes; violations proven and sanction warranted. |
| Whether Fields’ failure to file and pay taxes violated ethics rules | Board argues tax-filing failures violated DR 1–102(A)(3),(4),(6) and related rules | Fields acknowledges tax issues and seeks mitigation based on medical treatment | Yes; tax-filing failures and conviction established ethical violations. |
| Whether the Ferguson estate neglect constitutes incompetence | Board asserts incompetence in estate matters due to neglect | Court found no evidence of lack of legal knowledge or skill in Ferguson | Incompetence not established; neglect found but not incompetence. |
| What sanction is appropriate given multiple violations and prior discipline | Board urges substantial sanction due to repeated misconduct | Fields seeks suspension pending health improvements | License suspended indefinitely with no reinstatement for 18 months; consideration of health and tax-file requirements for reinstatement. |
Key Cases Cited
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Runge, 588 N.W.2d 116 (Iowa 1999) (tax-filing conduct a factor in discipline; relevant precedents on ethics violations and tax issues)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Iverson, 723 N.W.2d 806 (Iowa 2006) (tax-filing and moral turpitude; aggravating circumstances considered)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Wagner, 768 N.W.2d 279 (Iowa 2009) (neglect and misrepresentation in probate matter; supportive for sanction reasoning)
- Iowa Supreme Ct. Disciplinary Bd. v. Casey, 761 N.W.2d 53 (Iowa 2009) (de novo review; consideration of mitigating/aggravating factors)
- Iowa Supreme Ct. Att’y Disciplinary Bd. v. Hauser, 782 N.W.2d 147 (Iowa 2010) (necessity of showing incompetence; discipline context)