Summary
The Iowa Supreme Court held that Alan L. Bernard violated Iowa's professional responsibility rules through methamphetamine-related criminal conduct, neglect of client matters, and a false statement to the disciplinary board. The court suspended his law license indefinitely, with no possibility of reinstatement for one year, and taxed the costs to him.
Holdings
- Bernard violated the Code of Professional Responsibility by committing criminal acts involving methamphetamine, neglecting client matters through late and missed court appearances, and making a false statement to the Board.
- Bernard's drug and alcohol addiction and his claimed state of denial did not excuse his false statement to the Board.
- An indefinite suspension of Bernard's license to practice law, with no possibility of reinstatement for one year, was appropriate.
Questions Presented
- Whether Bernard violated the Iowa Code of Professional Responsibility by possessing methamphetamine, neglecting client matters, and making a false statement to the Board.
- Whether Bernard's drug and alcohol addiction or state of denial excused his false statement and other professional misconduct.
- What discipline was appropriate in light of the nature of the violations and the aggravating and mitigating circumstances.
Disposition
other
Cases Cited (10)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Mulford, 625 N.W.2d 672, 679 (Iowa 2001)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Stefani, 616 N.W.2d 550, 552-53 (Iowa 2000)(followed)
- In re Edwards, 694 N.E.2d 701, 713 (Ind. 1998)(followed)
- Comm. on Prof'l Ethics & Conduct v. Hall, 463 N.W.2d 30, 33 (Iowa 1990)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Grotewold, 642 N.W.2d 288, 293, 296 (Iowa 2002)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Hohenadel, 634 N.W.2d 652, 655, 657 (Iowa 2001)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Mears, 569 N.W.2d 132, 134 (Iowa 1997)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Stein, 603 N.W.2d 574, 576 (Iowa 1999)(followed)
- Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Ruth, 636 N.W.2d 86, 89 (Iowa 2001)(followed)
- State ex rel. Oklahoma Bar Ass'n v. Giger, 37 P.3d 856, 864 (Okla. 2001)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…