Committee on Professional Ethics and Conduct of The Iowa State Bar Ass'n v. Hutcheson, 91-337
| Court | United States State Supreme Court of Iowa |
| Citation | 471 N.W.2d 788 |
| Docket Number | No. 91-337,91-337 |
| Parties | COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT OF the IOWA STATE BAR ASSOCIATION, Complainant, v. Kent HUTCHESON, Respondent. |
| Decision Date | 19 June 1991 |
Norman G. Bastemeyer and Charles L. Harrington, Des Moines, for complainant.
George E. Wright of Napier, Wright & Wolf, Fort Madison, for respondent.
Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.
The respondent attorney, Kent Hutcheson, became involved in a stormy personal relationship with a young woman. As a result of a series of disputes and altercations requiring police intervention, an assault charge was filed against the woman. At a preliminary hearing on that criminal charge, respondent Hutcheson allegedly gave false testimony in an attempt to help the woman avoid criminal penalties.
As another consequence of the domestic disharmony, the district court issued temporary restraining orders barring both Hutcheson and the woman from having any contact with each other. Hutcheson allegedly violated these court orders by continuing to have extensive contact with the woman.
The Committee on Professional Ethics and Conduct of the Iowa State Bar Association (the Committee) initiated this proceeding before the Grievance Commission, accusing Hutcheson of testifying falsely under oath and violating the court's temporary restraining orders. The Grievance Commission found merit in the Committee's allegations and recommended that Hutcheson's license to practice law in Iowa be suspended for at least one year.
I. In an attorney disciplinary proceeding, the Committee on Professional Ethics and Conduct bears the burden to prove by a convincing preponderance of the evidence that the attorney has violated the Code of Professional Responsibility as charged. Committee on Professional Ethics & Conduct v. Clauss, 445 N.W.2d 758 (Iowa 1989); Committee on Professional Ethics & Conduct v. Nadler, 445 N.W.2d 358 (Iowa 1989).
After reviewing the record in the present case, we find the Committee proved by a convincing preponderance of the evidence that Hutcheson testified falsely under oath and violated court orders. This conduct violated the following provisions of the Code of Professional Responsibility: EC 1-5 and DR 1-102(A)(1), DR 1-102(A)(4), DR 1-102(A)(5) and DR 1-102(A)(6).
II. We agree with the Grievance Commission's recommended discipline. We direct that respondent Kent Hutcheson's license to practice law in the...
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