Iowa Supreme Court Attorney Disciplinary Board v. Jamie F. Deremiah

875 N.W.2d 728 (Iowa 2016) · Supreme Court of Iowa · February 26, 2016 · No. No. 15–1917

Summary

The Iowa Supreme Court held that Jamie F. Deremiah violated Iowa Rule of Professional Conduct 32:8.4(b) by committing criminal trespass and a domestic assault causing significant injury. The court applied the Templeton factors and suspended his law license indefinitely, with no possibility of reinstatement for three months, while imposing conditions on reinstatement.

Holdings

  1. Deremiah's criminal trespass and violent domestic assault reflected adversely on his honesty, trustworthiness, or fitness as a lawyer and therefore violated Iowa Rule of Professional Conduct 32:8.4(b).
  2. The appropriate sanction was an indefinite suspension of Deremiah's license to practice law with no possibility of reinstatement for at least three months, together with specified mental-health and substance-abuse evaluations and other reinstatement requirements.

Questions Presented

  1. Whether Deremiah's domestic assault, trespass, and related criminal conduct violated Iowa Rule of Professional Conduct 32:8.4(b).
  2. What professional discipline was appropriate in light of the misconduct, aggravating circumstances, mitigating circumstances, and purposes of attorney discipline.

Disposition

other

Cases Cited (30)

  • Iowa Supreme Ct. Att'y Disciplinary Bd. v. Stowe, 830 N.W.2d 737 (Iowa 2013)(followed)
  • Iowa Supreme Ct. Att'y Disciplinary Bd. v. Englemann, 840 N.W.2d 156 (Iowa 2013)(followed)
  • Iowa Supreme Ct. Att'y Disciplinary Bd. v. Wright, 857 N.W.2d 510 (Iowa 2014)(followed)
  • Comm. on Prof'l Ethics & Conduct v. Patterson, 369 N.W.2d 798 (Iowa 1985)(followed)
  • Iowa Supreme Ct. Att'y Disciplinary Bd. v. Keele, 795 N.W.2d 507 (Iowa 2011)(followed)
  • Iowa Supreme Ct. Att'y Disciplinary Bd. v. Templeton, 784 N.W.2d 761 (Iowa 2010)(followed)
  • Iowa Supreme Ct. Att'y Disciplinary Bd. v. Schmidt, 796 N.W.2d 33 (Iowa 2011)(followed)
  • Iowa Supreme Ct. Att'y Disciplinary Bd. v. Weaver, 750 N.W.2d 71 (Iowa 2008)(followed)
  • Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Marcucci, 543 N.W.2d 879 (Iowa 1996)(followed)
  • Iowa Supreme Ct. Att'y Disciplinary Bd. v. Blessum, 861 N.W.2d 575 (Iowa 2015)(followed)

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