Summary
The Alaska Supreme Court independently reviewed attorney Deborah Ivy’s disciplinary matter after remand and upheld the recommendation of disbarment. The court concluded that Ivy intentionally made false statements in civil litigation and disciplinary proceedings, violating Alaska Rule of Professional Conduct 8.4 and Alaska Bar Rule 15. It determined that the misconduct caused serious actual or potential injury and that aggravating factors outweighed the mitigating factor of no prior disciplinary offenses.
Holdings
- A criminal conviction is not required to establish a violation of Rule 8.4(b); the rule is violated when an attorney engages in dishonest conduct that would constitute a criminal act under Alaska law and that reflects adversely on the attorney's honesty, trustworthiness, or fitness.
- Ivy violated Alaska Rules of Professional Conduct 8.4(a) and (c) and Alaska Bar Rule 15(a)(3) by knowingly making false and dishonest statements in the underlying litigation and disciplinary proceedings.
- Ivy acted intentionally when she gave false testimony in the underlying litigation and disciplinary proceedings.
- Disbarment was warranted because Ivy intentionally engaged in repeated dishonest conduct that caused serious actual or potential injury to Kyzer and the legal system, and the aggravating factors outweighed the absence of a prior disciplinary record.
- The court upheld the Disciplinary Board's award of $61,282.75 in attorney's fees and costs.
Questions Presented
- Whether Ivy's false sworn testimony constituted a criminal act reflecting adversely on her honesty, trustworthiness, or fitness under Alaska Rule of Professional Conduct 8.4(b) even though she had not been criminally convicted.
- Whether the misconduct also violated Alaska Rules of Professional Conduct 8.4(a) and (c) and Alaska Bar Rule 15(a)(3).
- Whether disbarment was the appropriate sanction under the ABA Standards for Imposing Lawyer Sanctions and Alaska precedent.
- Whether the Alaska Bar Association Disciplinary Board's award of $61,282.75 in attorney's fees and costs should be reduced.
Disposition
other
Cases Cited (19)
- In re Ivy, 350 P.3d 758 (Alaska 2015)(followed)
- In re Shea, 273 P.3d 612 (Alaska 2012)(followed)
- In re Friedman, 23 P.3d 620 (Alaska 2001)(followed)
- LaParle v. State, 957 P.2d 330 (Alaska App. 1998)(followed)
- Joseph v. State, 315 P.3d 678 (Alaska App. 2013)(followed)
- In re Buckalew, 731 P.2d 48 (Alaska 1986)(followed)
- In re Miles, 339 P.3d 1009 (Alaska 2014)(followed)
- In re Cyrus, 241 P.3d 890 (Alaska 2010)(followed)
- In re Wiederholt, 877 P.2d 765 (Alaska 1994)(followed)
- In re Minor, 658 P.2d 781 (Alaska 1983)(followed)
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Cited In (0)
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Court Document
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