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THE GRIEVANCE SYSTEM
I. A lawyer who receives notice of a complaint filed with
the Iowa Supreme Court Board of Professional Ethics and
Conduct should ordinarily seek advice before responding.
II. The lawyer should make a timely, accurate and complete
response within the time provided or seek and obtain an
extension of time within which to do so.
III. If the complaint is without merit, the lawyer should
attempt at each stage of the process to respond in a way that
demonstrates the lack of merit.
IV. Ethics Administrator Norman Bastemeyer works with the
Supreme Court board.
V. Communications prior to the filing of a formal complaint
before the Grievance Commission are with the ethics
administrator.
VI. Communications when a decision has been made to refer a
case for formal complaint before the Grievance Commission
are with ethics counsel.
VII. Charles Harrington and David Grace are the ethics
counsel.
VIII. Communications once a complaint has been filed are
with ethics counsel.
IX. Although there is no “plea bargaining” in the
disciplinary process, it is possible to provide information to
the ethics administrator or ethics counsel which may help
bring about an acceptable resolution of a complaint.
X. Once a formal complaint is filed , the proceeding is
much like an ordinary civil action involving extraordinary and
sensitive issues where the ”judges of the facts” are
fellow members of the bar and a lay representative.
XI. Any decision by the grievance panel which involves a
recommendation for a reprimand, suspension, revocation is
subject to automatic review by the Supreme Court, whether an
appeal is taken or not.
XII. Upon review by the Supreme Court, even when an appeal
is not taken, an appellate decision is written and published.
XIII. Revocations are ordinarily final.
This article is reprinted with the express permission of
The Iowa State Bar Association. It first was published in The
Iowa Lawyer , the ISBA’s monthly journal, Volume 60 Number
2, February 2000.
Mark McCormick, the author, is a former justice of the
Iowa Supreme Court who now practices with Belin Lamson
McCormick Zumbach & Flynn, A Professional Corporation, Des
Moines, Iowa.
This article may be copied from this website and
reproduced with the permission of The Iowa State Bar
Association as long as it is credited exactly as above. |