Committee on Professional Ethics and Conduct of the Iowa State Bar Ass'n v. Kaufman, 93-1885

• Court: United States State Supreme Court of Iowa
• Citation: 515 N.W.2d 28
• Docket Number: No. 93-1885,93-1885
• Parties: COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT OF THE IOWA STATE BAR ASSOCIATION, Complainant, v. Gary L. KAUFMAN, Respondent.
• Decision Date: 20 April 1994

Page 28

515 N.W.2d 28 COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT OF THE IOWA STATE BAR ASSOCIATION, Complainant,
v.
Gary L. KAUFMAN, Respondent. No. 93-1885. Supreme Court of Iowa. April 20, 1994.

Page 29

Norman G. Bastemeyer and Charles L. Harrington, Des Moines, for complainant.

Peter W. Berger of Berger & Culp, P.C., Des Moines, for respondent.

Considered McGIVERIN, C.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.

LAVORATO, Justice.

The respondent, Gary L. Kaufman, pleaded guilty to nine counts of drug offenses--most of which were felonies. As a result, the district court sentenced Kaufman to concurrent terms of imprisonment not to exceed twenty-five years. Following his convictions, Kaufman was held in contempt of court for refusing to testify against his supplier. The Committee on Professional Ethics and Conduct filed a two-count complaint with the Grievance Commission against Kaufman because of the convictions and contempt. As to the convictions, the commission recommended suspension of Kaufman's license to practice law indefinitely with no possibility of reinstatement until the latter of (1) a period of two years, or (2) Kaufman's release from prison. As to the contempt, the commission recommended a public reprimand. Upon our de novo review we conclude Kaufman's license to practice law should be revoked.

I. Factual Background.

Kaufman graduated from law school in 1974 and was admitted to practice law in Iowa that same year. He held a variety of legal positions until December 1978 when he became legal counsel for the Iowa Legislative Service Bureau. At the time of his arrest, Kaufman was senior legal counsel for the Bureau.

Kaufman admittedly was (1) a recreational user of lysergic acid diethylamide (LSD), and (2) addicted to marijuana. His legal and ethical problems stemming from his drug activities began in 1992. Lee Stoddard, whom Kaufman characterized as a personal friend of about five years, called Kaufman several times about securing drugs for Stoddard. Stoddard told Kaufman he intended to give the drugs to his new "boss." Unbeknownst to Kaufman, Stoddard was working as an undercover informant. In each phone call, Stoddard implored Kaufman to buy some LSD and marijuana for Stoddard's "boss." The "boss" was in reality a narcotics officer posing as a Greyhound executive just arrived in Des Moines from San Francisco.

Kaufman resisted Stoddard's requests at first. But Stoddard ultimately convinced Kaufman--in their final phone conversation--to procure the drugs. Kaufman testified he was influenced to do so by Stoddard's claims that procuring the drugs would help (1) Stoddard's relationship with his new boss, and (2) Stoddard's dire financial situation.

Kaufman met with Stoddard's boss three times. At the first meeting, Kaufman delivered four LSD dosages and approximately one ounce of marijuana. Kaufman made two more deliveries to Stoddard's boss after this transaction. At the second, he delivered twenty dosage units of LSD and one and one-quarter ounce of marijuana. At the third, he delivered approximately one and one-quarter ounce of marijuana. In all, a total of $835.00 changed hands.

Kaufman was arrested on September 23, 1992, after the third transaction. Authorities executed a search warrant at his home. Among the articles they seized were (1) a small bag plus two plastic containers of marijuana, (2) Kaufman's collection of LSD blotters and common LSD units, (3) a vial of cocaine, (4) a roach clip, (5) a smoking bong, and (6) scales.

The State charged Kaufman in an eleven-count trial information. Seven of the counts dealt with delivery of the marijuana and LSD. Two counts dealt with failure to possess a tax stamp. See Iowa Code §§ 204.401(1)(b)(5), 204.401(1)(d), 421A.3. Two conspiracy counts were later dismissed.

Shortly after the trial information was filed and before Kaufman's guilty plea, the prosecutor approached Kaufman with an offer. The offer was this: If Kaufman would provide

Page 30

information about his supplier, the State would recommend a ninety-day shock probation to the sentencing judge. Kaufman rejected the offer.

On December 31, 1992, Kaufman pleaded guilty to the nine remaining counts. While awaiting sentence, Kaufman waived his opportunity, in writing, to show cause why his license should not be temporarily suspended. See Iowa Sup.Ct.R. 118.14 (upon receipt of satisfactory evidence of felony conviction, attorney license may be...