Justia Iowa Supreme Court Opinion Summaries

The Iowa Commission on Judicial Qualifications recommended that a magistrate, who maintained a website where he posted information regarding his availability to perform marriage ceremonies - for a fee - at locations other than the courthouse, be publicly reprimanded for violating the Iowa Code of Judicial Conduct. Some of the photos showed the magistrate wearing his judicial robes. Before the matter was submitted to the Supreme Court, the magistrate resigned. The Supreme Court concluded that the magistrate committed violations of Canon 1 and Iowa Code of Judicial Conduct Rules 51:1.2 and 51:1.3, holding that the code does not per se bar a judicial officer from publicizing his availability to perform marriage ceremonies but that some aspects of the advertising at issue in this case violated the code. View "In re James H. Martinek" on Justia Law

The Iowa Commission on Judicial Qualifications filed an application for discipline of a judicial officer recommending the Supreme Court publicly reprimand district court judge Mary E. Howes, Seventh Judicial District. Judge Howes petitioned for dissolution of her marriage to her husband, Jack Henderkott, in June 2011. In 2013, Henderkott sent Judge Howes an email indicating the Internal Revenue Service had deducted $3192 from his 2012 income tax return because she did not claim income she received from liquidating an individual retirement account on the couple’s 2010 joint income tax return. Henderkott claimed he was entitled to reimbursement in the full amount of the deduction per the terms of the settlement agreement. Judge Howes retained a "Ms. Pauly" to assist with her dissolution of marriage, but different counsel for the lingering tax dispute with her ex-husband. Ms. Pauly represented a different client before Judge Howes on a family law matter. Ms. Pauly's client became "distraught" upon hearing that the lawyer representing the client's husband was representing the very judge who had signed an order granting a temporary injunction in the client's case. A complaint against Judge Howes was subsequently filed. Because the Supreme Court concluded the judge violated the Iowa Code of Judicial Conduct, it granted the application for judicial discipline. Rather than publicly reprimand the judge, however, the Court publicly admonished the judge. View "In the matter of Honorable Mary E. Howes" on Justia Law

Attorney Larry Stoller filed a multicount petition on behalf of NuStar Farms, LLC against Robert and Marcia Zylstra, alleging that the Zylstras agreed to sell NuStar a parcel of farmland but failed to tender the requisite deed and that the Zylstras did not abide by certain terms contained in certain manure easement agreements. The Zylstras filed a motion seeking to disqualify Stoller as the attorney for NuStar based on a conflict of interest. Specifically, the Zylstras alleged that Stoller’s representation of NuStar was a concurrent conflict of interest with his representation of them. The district court denied the motion. The Supreme Court reversed, holding that the district court (1) did not abuse its discretion in holding that Stoller could not be disqualified under the substantial relationship test; but (2) abused its discretion in not disqualifying Stoller from representing NuStar in the action because Stoller did have a concurrent conflict of interest. View "NuStar Farms, LLC v. Zylstra" on Justia Law

The Iowa Commission on Judicial Qualifications filed an application for imposition of discipline against Joseph Sevcik, a part-time magistrate who also practiced law. The Commission found Magistrate Sevcik violated two of the canons of judicial conduct by requesting and receiving two confidential court files from a clerk of court and then using one of the files during his cross-examination of a witness in a hearing before the district court in which he represented a party in the case. The Supreme Court held that Magistrate Sevcik violated Canons 1 and 3 of the Iowa Code of Judicial Conduct, along with Rules 51:1.2 and 51:3.5, and agreed with the Commission that a public reprimand was the appropriate sanction. View "In re Inquiry Concerning Joseph Sevcik" on Justia Law

The Iowa Commission on Judicial Qualifications filed an application for imposition of discipline against Joseph Sevcik, a part-time magistrate who also practiced law. The Commission found Magistrate Sevcik violated two of the canons of judicial conduct by requesting and receiving two confidential court files from a clerk of court and then using one of the files during his cross-examination of a witness in a hearing before the district court in which he represented a party in the case. The Supreme Court held that Magistrate Sevcik violated Canons 1 and 3 of the Iowa Code of Judicial Conduct, along with Rules 51:1.2 and 51:3.5, and agreed with the Commission that a public reprimand was the appropriate sanction. View "In re Inquiry Concerning Joseph Sevcik" on Justia Law

Defendant was charged with first-degree murder. The district court appointed two attorneys from the Des Moines adult public defender’s office to represent Defendant. When the two attorneys discovered that other attorneys in their office had previously represented three of the State’s witnesses on unrelated matters, the attorneys requested a determination whether a conflict of interest existed requiring their disqualification. After a hearing, the district court concluded that a conflict of interest disqualified all attorneys employed at the public defender’s office from serving as Defendant’s counsel in this case. The Supreme Court reversed, holding that the prior representations of the witnesses in unrelated matters by other members of the public defender’s office did not represent an actual conflict or a serious potential conflict that justified disqualification of the attorneys. View "State v. McKinley" on Justia Law

Magistrate Douglas A. Krull, in his private practice, represented a mother in a pending action against her ex-husband to modify child custody provisions of their dissolution decree. A police officer sought a search warrant in a burglary investigation targeting the parties’ son, and Krull signed the warrant to search the home of his client. The Iowa Commission on Judicial Qualifications recommended that the Supreme Court publicly reprimand Krull based on its finding that Krull violated three disciplinary rules governing part-time judicial magistrates by signing the search warrant. The Supreme Court imposed the recommended sanction of a public reprimand, holding (1) by signing the warrant, Krull violated the Iowa Code of Judicial Conduct; and (2) because Krull was previously admonished for signing a warrant to search the home of a party in a civil case he was handling in his private practice, a public reprimand was the appropriate sanction here. View "In re Krull" on Justia Law

Based on a complaint from a district court judge alleging that District Associate Judge Emily Dean arrived at a courthouse in an intoxicated state and could not perform her judicial duties, the Iowa Commission on Judicial Qualifications filed a notice of charges against Judge Dean. After a hearing, the Commission concluded that Judge Dean had violated the rules of judicial conduct and recommended that the judge be suspended for three months without pay. The Supreme Court granted the application of the Commission and held that Judge Dean should be suspended from her judicial without pay but limited the suspension to thirty days. View "In re Dean" on Justia Law

Appellant, an ALJ within the Iowa Department of Corrections (IDOC), presided over the hearing of an inmate charged with assaulting a corrections officer. Appellant found the inmate guilty of assault. The Office of Citizens' Aide/Ombudsman (Ombudsman) subsequently launched an investigation into Appellant's ruling and subpoenaed her for deposition testimony. Appellant argued that she could assert the mental-process privilege in refusing to answer questions about her decision. The Ombudsman filed an action to enforce the subpoena. The district court ruled the mental-process privilege would not apply to limit deposition testimony in the Ombudsman's investigation, as opposed to a judicial proceeding, and entered an order compelling Appellant's deposition. Appellant and IDOC appealed. The Supreme Court affirmed but on different grounds, holding (1) the mental-process privilege is available to IDOC ALJs in an Ombudsman investigation; but (2) the Ombudsman made a sufficient showing to overcome the privilege. View "Office of Citizens' Aide/Ombudsman v. Edwards" on Justia Law

The Iowa Commission on Judicial Qualifications filed an application for imposition of discipline against Daniel Block, an associate juvenile court judge, for conduct that resulted in his arrest for the crime of operating while intoxicated, first offense. The Commission found Block violated the Iowa Code of Judicial Conduct and recommended he be publicly reprimanded. The Supreme Court granted the application, concluding (2) the conduct of the judge amounted to a substantial violation of the Code of Judicial Conduct; (2) the impact of the conduct as a whole was enough to adversely impact the public confidence in the judiciary; and (3) the appropriate discipline for the unethical conduct in this matter was a reprimand. View "In re Block" on Justia Law