Iowa Supreme Court Board of Professional Ethics and Conduct v. Bernard

653 N.W.2d 373 (Iowa 2002) · Supreme Court of Iowa · November 14, 2002 · No. No. 02-0731

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

  1. 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.
  2. Bernard's drug and alcohol addiction and his claimed state of denial did not excuse his false statement to the Board.
  3. An indefinite suspension of Bernard's license to practice law, with no possibility of reinstatement for one year, was appropriate.

Questions Presented

  1. Whether Bernard violated the Iowa Code of Professional Responsibility by possessing methamphetamine, neglecting client matters, and making a false statement to the Board.
  2. Whether Bernard's drug and alcohol addiction or state of denial excused his false statement and other professional misconduct.
  3. 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.

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