988 N.W.2d 399
Iowa2023Background
- Scott A. Johnson, admitted 2015, was the subject of a Board complaint (filed Apr. 27, 2022) alleging widespread misconduct in six client matters and in the disciplinary process.
- Conduct included client neglect (missed hearings, missed deadlines, poor communication), billing the State Public Defender (SPD) for travel not undertaken, and forging a client’s signature on a written guilty plea.
- Johnson admitted most factual allegations and many rule violations but denied the forgery; he largely ceased participating in the disciplinary proceedings and failed to answer Board follow-up requests.
- A five-member Grievance Commission division found the charged facts and violations proven; three commissioners recommended a three-year suspension, two recommended two years.
- The Iowa Supreme Court, after de novo review, found all charged violations proved and suspended Johnson’s license indefinitely with no reinstatement for three years; costs were assessed to him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Forgery of client signature on guilty plea / deceit to court | Board: Johnson forged Lowery’s signature and knowingly misrepresented the plea to the court, violating duties to follow client instructions and be honest to tribunals. | Johnson admitted many allegations but denied forging Lowery’s signature and then largely stopped cooperating. | Court found forgery and deceit proven; violations of rules including 32:1.2(a), 32:3.3(a)(1), 32:8.4(b)–(c); misconduct aggravated sanction. |
| Repeated neglect / failure to appear / delay of litigation | Board: Johnson repeatedly missed hearings, delayed trials, and failed to diligently advance clients’ matters (Monson, Kreykes, Peterson, Terwilliger, Brown). | Johnson offered little defense; largely did not contest the allegations and ceased participation. | Court found pervasive neglect and delay; violations of 32:1.3, 32:1.4(a)(2)–(3), 32:3.2, and 32:8.4(d). |
| False billing to State Public Defender (SPD) | Board: Johnson billed SPD for travel/time he did not actually perform (claimed an in‑person visit he never made), amounting to false expense claims. | Johnson admitted the billing submission. | Court held submission fraudulent and misleading; violation of 32:1.5(a) and 32:8.4(c). |
| Failure to respond to disciplinary inquiries | Board: Johnson untimely and then unresponsive to Board notices and follow‑up requests, undermining the disciplinary process. | Johnson belatedly filed an answer and then largely ignored further requests; no substantial rebuttal. | Court found violation of 32:8.1(b) and that the non‑cooperation also violated 32:8.4(d). |
Key Cases Cited
- Iowa Sup. Ct. Att’y Disciplinary Bd. v. Aeilts, 974 N.W.2d 119 (Iowa 2022) (standard of review and sanction considerations in disciplinary matters)
- Iowa Sup. Ct. Att’y Disciplinary Bd. v. McCarthy, 814 N.W.2d 596 (Iowa 2012) (forgery and related misconduct warranted multi‑year suspension)
- Iowa Sup. Ct. Att’y Disciplinary Bd. v. Kallsen, 814 N.W.2d 233 (Iowa 2012) (attorney directed forgery of client’s guilty plea signature; suspension warranted)
- Iowa Sup. Ct. Att’y Disciplinary Bd. v. Noel, 933 N.W.2d 190 (Iowa 2019) (false billing to SPD and pattern of neglect support discipline)
- Iowa Sup. Ct. Att’y Disciplinary Bd. v. Barry, 908 N.W.2d 217 (Iowa 2018) (forgery undermines honesty requirement and may warrant lengthy suspension)
- Iowa Sup. Ct. Att’y Disciplinary Bd. v. Kieffer‑Garrison, 951 N.W.2d 29 (Iowa 2020) (forging client signature on arraignment plea; one‑year suspension and aggravating history considered)
- Iowa Sup. Ct. Att’y Disciplinary Bd. v. Rickabaugh, 728 N.W.2d 375 (Iowa 2007) (revocation where forgery was part of a long pattern of deceit)
- Iowa Sup. Ct. Att’y Disciplinary Bd. v. Marzen, 949 N.W.2d 229 (Iowa 2020) (false certifications and signature requirements inform scienter analysis)