Committee on Professional Ethics and Conduct of the Iowa State Bar Ass'n v. Tullar, 90-1824

• Court: United States State Supreme Court of Iowa
• Writing for the Court: ANDREASEN
• Citation: 466 N.W.2d 912
• Parties: COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT OF THE IOWA STATE BAR ASSOCIATION, Complainant, v. Lon R. TULLAR, Respondent.
• Docket Number: No. 90-1824,90-1824
• Decision Date: 20 March 1991

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466 N.W.2d 912 COMMITTEE ON PROFESSIONAL ETHICS AND CONDUCT OF THE IOWA STATE BAR ASSOCIATION, Complainant,
v.
Lon R. TULLAR, Respondent. No. 90-1824. Supreme Court of Iowa. March 20, 1991.

Charles L. Harrington, Des Moines, for complainant.

Roger J. Kuhle, Des Moines, for respondent.

Considered by HARRIS, P.J., and SCHULTZ, LAVORATO, NEUMAN, and ANDREASEN, JJ.

ANDREASEN, Justice.

In March of 1990, the executive director of the Client Security and Attorney Discipline Commission (client security commission) reported that a preliminary staff investigation had disclosed possible violations of criminal law and disciplinary rules by attorney Lon R. Tullar. We ordered Tullar to appear and show cause why he should not be temporarily suspended from the practice of law. At the hearing we received an affidavit of an auditor with the client security commission, a letter from Tullar to the ethics administrator for the Committee on Professional Ethics and Conduct of the Iowa State Bar Association (committee), and admissions made by Tullar in a district court proceeding. We found Tullar had wrongfully appropriated not less than $18,458.05 of conservatorship funds. We temporarily suspended his license to practice law in this state on March 30, 1990.

In August of 1990, the committee filed a three count complaint with the Grievance Commission of the supreme court (grievance commission). The first count alleged misappropriation and conversion of funds; the second and third counts charged Tullar with receiving attorney fees in two estates without prior authorization, approval, or knowledge of the court.

Prior to hearing, the committee submitted requests for admissions. Iowa Sup.Ct.R. 118.6; Iowa R.Civ.P. 127. In response Tullar admitted he was attorney and executor of the Erwin Kammeyer estate, the guardian and conservator of Ruth Kammeyer, and following her death on April 17, 1989, the executor of her estate. Tullar admitted he misappropriated and converted to his own use funds belonging to the Erwin Kammeyer estate, the Ruth Kammeyer conservatorship, and the Ruth Kammeyer estate in the total amount of $37,293.89 ($6911.05 on February 21, 1986; $3745.73 on July 11, 1986; $1250 on December 30, 1986; $1000 on June 10, 1987; $12,593 on July 16, 1987; $2294 on October

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7, 1988; and $9500.11 on May 5, 1989). Tullar admitted he received attorney fees without prior authorization, approval, or knowledge of the court in the Bertha Eldridge estate...