Committee on Professional Ethics and Conduct of Iowa State Bar Ass'n v. Sloan, 61345
| Decision Date | 22 February 1978 |
| Docket Number | No. 61345,61345 |
| Citation | 262 N.W.2d 262 |
| Parties | COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT OF the IOWA STATE BAR ASSOCIATION, Complainant, v. Raymond A. SLOAN, Jr., Respondent. |
| Court | Iowa Supreme Court |
Lee H. Gaudineer and Hedo M. Zacherle, Des Moines, for complainant.
Dick R. Schlegel, Ottumwa, for respondent.
En banc.
In this grievance proceeding against respondent Raymond A. Sloan, Jr. on charges of alcoholism, complainant Committee on Professional Ethics and Conduct of The Iowa State Bar Association and respondent Sloan stipulated the facts. From the stipulation we learn that in all or parts of 1969, 1971, and 1974 through 1977 respondent suffered from acute alcoholism and while so suffering was not competent to render legal services and did not conduct himself properly as an attorney. In 1976, while intoxicated, respondent made telephone calls to a woman and used language which violated Iowa law. He pleaded guilty to a charge of violating § 714.37 of the Code; the district court deferred sentence and placed him on probation.
At various times respondent committed himself for treatment of his problem to Iowa Methodist Hospital in Des Moines, Lutheran General Hospital in Chicago, Oakdale Hospital in Iowa City, Lynneville in Jordan, Minnesota, Lakeside in Marion, Iowa, and Veterans Administration Hospital in Iowa City.
Respondent recently completed another period of hospitalization and claims that he now has his alcoholism under control.
The parties further stipulated that respondent's Iowa license to practice law should be suspended, with respondent having the right to apply to this court for reinstatement at any time if he can establish that he has his alcoholism under control and that such control will probably extend into the future. They also stipulated that if reinstated, respondent shall be placed on probation for a period of two years; and if he consumes an alcoholic beverage within such period the Grievance Commission shall hold a hearing on notice, and if it finds respondent has consumed an alcoholic beverage it shall file its finding with this court and the court shall revoke respondent's license.
The parties submitted the matter to the commission on the stipulation. The commission approved the stipulation and reported the matter to this court under Court Rule 118 with the recommendation that we approve the stipulation.
I. We give respectful consideration to commission recommendations but are not bound by them, as we review the matter de novo. Committee on Professional Ethics & Conduct v. Ralph, 261 N.W.2d 684 (Iowa); Committee on Professional Ethics & Conduct v. Crary, 245 N.W.2d 298 (Iowa). We independently examine the evidence in the record (here the stipulation) and enter our disposition of the case.
II. Upon consideration of the stipulation before us, we find that respondent is alcoholic and for periods of time has suffered from acute...
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Committee on Professional Ethics and Conduct of State Bar Ass'n v. Behnke
...N.W.2d 613 (Iowa 1978); Committee on Professional Ethics & Conduct v. Baker, 269 N.W.2d 463 (Iowa 1978); Committee on Professional Ethics & Conduct v. Sloan, 262 N.W.2d 262 (Iowa 1978); Committee on Professional Ethics & Conduct v. Toomey, 253 N.W.2d 573 (Iowa 1977); Committee on Profession......
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Committee on Professional Ethics and Conduct of the Iowa State Bar Ass'n v. Williams
...v. Hall, 463 N.W.2d 30 (Iowa 1990). We have suspended indefinitely an attorney's license for alcoholism. Committee on Professional Ethics & Conduct v. Sloan, 262 N.W.2d 262 (Iowa 1978); see also Committee on Professional Ethics & Conduct v. Jackson, 429 N.W.2d 122 (Iowa 1988) (three-month s......
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Iowa Supreme Court Bd. of Professional Ethics and Conduct v. Marcucci, 95-1578
...we have considered in which alcoholism has impacted on professional responsibility. It is not like Committee on Professional Ethics & Conduct v. Sloan, 262 N.W.2d 262-263 (Iowa 1978), in which an attorney's physical and mental ability to carry on his practice was impaired by alcoholism. The......
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Committee on Professional Ethics and Conduct of Iowa State Bar Ass'n v. Holmes
...to the questionnaire. We are not limited by the findings, however, as our review of the record is de novo. Comm. on Prof. Ethics v. Sloan, 262 N.W.2d 262, 263 (Iowa 1978). Our review of the records shows that the allegations regarding false answers were also established by the evidence, and......