Iowa Supreme Court Attorney Disciplinary Board v. Stanley A. Roush

Summary

The Iowa Supreme Court reviewed an attorney disciplinary proceeding arising from Stanley A. Roush’s federal conviction for possession of cocaine base. The court found that his criminal conduct violated Iowa Rule of Professional Conduct 32:8.4(b), considering his substance-abuse history, prior drug conviction, and relationship to his criminal-defense practice. The court concluded that a sixty-day suspension of his Iowa law license was appropriate.

Holdings

1. Roush's criminal conduct violated rule 32:8.4(b) because it had a rational connection to his fitness to practice law beyond the mere fact that the conduct was criminal.
2. A sixty-day suspension of Roush's Iowa law license was appropriate.
3. Reinstatement was properly conditioned on Roush's obtaining a qualifying mental-health evaluation and a substance-abuse evaluation demonstrating fitness to practice law and compliance with recommended treatment.
4. Reinstatement should not be conditioned on Roush's disengaging from representation of the client because the record did not establish a conflict of interest and did not provide sufficient information for the court to determine that a conflict existed.

Questions Presented

1. Whether Roush's federal conviction for possession of cocaine base constituted professional misconduct under Iowa Rule of Professional Conduct 32:8.4(b).
2. What sanction was appropriate in light of the violation, aggravating and mitigating circumstances, and prior disciplinary cases.
3. Whether reinstatement should be conditioned on mental-health and substance-abuse evaluations and on Roush's disengagement from representing a longtime client who was also his AA sponsor.

Disposition

other