Iowa Supreme Court Attorney Disciplinary Bd. v. Conroy, No. 13–1871.

• Court: United States State Supreme Court of Iowa
• Writing for the Court: ZAGER
• Citation: 845 N.W.2d 59
• Decision Date: 04 April 2014
• Docket Number: No. 13–1871.
• Parties: IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. James Stephen CONROY, Respondent.

845 N.W.2d 59

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant,
v.
James Stephen CONROY, Respondent.

No. 13–1871.

Supreme Court of Iowa.

April 4, 2014.

[845 N.W.2d 61]

Charles L. Harrington and David J. Grace, Des Moines, for complainant.

James S. Conroy, Mount Vernon, pro se.

ZAGER, Justice.

The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of professional conduct. The commission recommended we suspend Conroy's license for six months and require that he complete a basic skills course before being reinstated. Upon our de novo review, we concur in most of the findings of rule violations and agree a six-month suspension is appropriate.

[845 N.W.2d 62]

I. Background Facts and Proceedings.

James Conroy is an Iowa attorney admitted to practice in 2003. After his admission, Conroy worked for about six months for a private firm with offices in Grinnell and Newton. He then spent the next two years as an assistant county attorney in Black Hawk County. In 2006, Conroy established a solo practice in Cedar Rapids. Conroy's practice consisted mostly of representing criminal defendants on a court-appointed basis in Black Hawk, Johnson, Linn, and Scott Counties.

On August 1, 2013, the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a one-count complaint alleging Conroy violated the Iowa Rules of Professional Conduct. The alleged violations stemmed from Conroy's court-appointed representation of Christopher Brown, Richard Brown, James Gill Jr., Ravin Miller, Joshua Strother, and Todd Wiese in their appeals. The alleged facts were generally the same in each of the six cases. After being appointed appellate counsel, Conroy neglected the appeals. Default notices were issued to Conroy by the Iowa Supreme Court, and he failed to cure the defaults. His failure to cure the defaults subjected each appeal to dismissal. Rather than dismiss each appeal, however, in each case the Iowa Supreme Court removed Conroy as appellate counsel and new counsel was appointed.

Based on these facts, the Board alleged Conroy violated Iowa Rules of Professional Conduct 32:1.1 (requiring competence), 32:1.3 (requiring diligence), 32:1.4 (requiring communication with clients), 32:1.16(a) (prohibiting representation of a client under certain circumstances), 32:3.2 (requiring reasonable efforts to expedite litigation), and 32:8.4(d) (prohibiting conduct prejudicial to the administration of justice). Conroy answered the complaint on August 29, admitting the Board's allegations.

On September 23, the Board amended its complaint to include a second count against Conroy. The Board alleged Conroy was appointed to represent Darnell Demery in his postconviction relief proceeding. The Board alleged Conroy did not communicate with Demery and neglected the case, failing to make a single filing in the year he represented Demery. After Demery moved to have a new attorney appointed, Conroy was removed from the case in June 2013.

On these facts, the Board alleged violations of Iowa Rules of Professional Conduct 32:1.1, 32:1.3, 32:1.4, 32:3.2, and 32:8.4(d). Conroy never responded to the allegations in count two of the Board's amended complaint. Consequently, the Board moved to have the allegations of count two deemed admitted under Iowa Court Rule 36.7. The commission granted the motion and limited the scope of the disciplinary hearing to the issue of the appropriate sanction.

At the disciplinary hearing conducted in October, the Board presented evidence of Conroy's violations. Conroy appeared at the hearing and admitted to the violations contained in the complaints. However, he asked for leniency from the commission. He explained that he was unfamiliar with appeal procedures, and rather than educate himself to these procedures, he simply set them aside to concentrate on more familiar work. He did not understand that appeals were time sensitive. Conroy acknowledged that he made no attempts to determine any procedural deadlines by consulting the appellate rules, seeking the assistance of an experienced attorney, or consulting with the appellate defenders. Conroy had never filed an appeal before signing up to be court-appointed on these

[845 N.W.2d 63]

appeal cases. Conroy denied any substance abuse or mental health problems.

In November, the commission issued its findings, conclusions, and recommendation. In addition to the facts noted above, the commission recounted Conroy's disciplinary history. Conroy has been temporarily suspended on three occasions, in September and December 2010, and in August 2013.¹ In September 2011, the Board admonished Conroy for ceasing work on a client's case without informing the client he had done so. In April 2013, the Board admonished Conroy for failing to share documents filed by the State with his client in a postconviction relief proceeding. In addition, in February 2011, this Court suspended Conroy's license for sixty days for numerous violations of the rules of professional conduct. See Iowa Supreme Ct. Att'y Disciplinary Bd. v. Conroy, 795 N.W.2d 502, 507 (Iowa 2011).

The commission found Conroy committed the violations alleged by the Board. It recommended Conroy's license be suspended for 180 days. The commission also recommended Conroy complete a basic skills course as a condition of reinstatement.

II. Standard of Review.

We review attorney disciplinary proceedings de novo. Iowa Supreme Ct. Att'y Disciplinary Bd. v. Strand, 841 N.W.2d 600, 603 (Iowa 2014). The Board must prove misconduct by a convincing preponderance of the evidence, a burden less than proof beyond a reasonable doubt but greater than the burden in the typical civil case. Iowa Supreme Ct. Att'y Disciplinary Bd. v. Khowassah, 837 N.W.2d 649, 652 (Iowa 2013). If the Board meets its burden and proves misconduct, we are not bound to impose the sanction recommended by the commission. See Iowa Supreme Ct. Att'y Disciplinary Bd. v. Weaver, 812 N.W.2d 4, 9 (Iowa 2012).

III. Discussion.

A. Violations. In count one of the Board's complaint, it alleged Conroy violated six professional conduct rules. Conroy admitted these allegations in his answer. In count two of its complaint, the Board alleged five violations. Conroy never filed an answer to this count, and these allegations were deemed admitted. Iowa Ct. R. 36.7; Strand, 841 N.W.2d at 603. The commission found Conroy committed the violations alleged in both counts. Upon our review, we agree with all but one of the commission's findings.

The Iowa Rules of Professional Conduct no longer expressly refer to neglect. See Iowa Supreme Ct. Att'y Disciplinary Bd. v. Van Ginkel, 809 N.W.2d 96, 102 (Iowa 2012) (comparing the previous version of disciplinary rule that prohibited neglect to a current rule that requires diligence and giving them the same interpretation). Nevertheless, we have continued to identify and sanction attorney neglect. See, e.g., Iowa Supreme Ct. Att'y Disciplinary Bd. v. Humphrey, 812 N.W.2d 659, 666, 669 (Iowa 2012) (stating an attorney's “core violation” was neglect and imposing a three-month suspension); Iowa Supreme Ct. Att'y Disciplinary Bd. v. Dunahoo, 799 N.W.2d 524, 531, 535 (Iowa 2011) (finding an attorney competent but neglectful and, after considering other violations, imposing a one-year suspension). Neglect involves an attorney's consistent failure to perform his or her obligations and indifference about failing to advance the interests of his or her client.

[845 N.W.2d 64]

Iowa Supreme Ct. Att'y Disciplinary Bd. v. Ireland, 723 N.W.2d 439, 441 (Iowa 2006); Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Moorman, 683 N.W.2d 549, 551 (Iowa 2004). In addition, neglect may involve a conscious disregard for a lawyer's responsibility to his or her client. Moorman, 683 N.W.2d at 551. Neglect can embrace violations of various professional conduct rules. See Humphrey, 812 N.W.2d at 665 (finding neglect where attorney violated Iowa Rules of Professional Conduct 32:1.3 (diligence), 32:1.4(a)(3) (keeping client informed), and 32:1.4(a)(4) (complying with requests for information)); Iowa Supreme Ct. Att'y Disciplinary Bd. v. Lickiss, 786 N.W.2d 860, 867 (Iowa 2010) (finding neglect where an attorney violated rules 32:1.1 (competence), 32:1.3 (diligence), and 32:3.2 (expediting litigation)). We must evaluate Conroy's conduct under the specific rules he is alleged to have violated.

Iowa Rule of Professional Conduct 32:1.1 requires competence from attorneys. SeeIowa R. Prof'l Conduct 32:1.1. To prove an attorney violated this rule, it must be proved “the attorney did not possess the requisite legal knowledge and skill to handle the case.” Iowa Supreme Ct. Att'y Disciplinary Bd. v. Thomas, 794 N.W.2d 290, 293 n. 2 (Iowa 2011). In Iowa Supreme Court Attorney Disciplinary Board v. Kennedy, we were careful to point out that mere neglect of client matters does not establish a lack of competence. 837 N.W.2d 659, 668 (Iowa 2013). Regarding the Demery matter, Conroy testified he had handled postconviction relief proceedings before he was appointed to Demery's case. Although Conroy neglected Demery's proceeding, nothing in the record establishes Conroy lacked the skill and knowledge to handle it. See id. (finding attorney that neglected client matters did not violate competency rule). Accordingly, we conclude Conroy did not violate rule 32:1.1 with respect to Demery's postconviction relief proceeding.

Conroy's failings in the six appeals are a different matter. Conroy admitted he had no experience with appeals, but he did not try to gain competence. He did not reach out to an experienced attorney for...