Iowa Supreme Court Attorney Disciplinary Bd. v. Johnson
| Decision Date | 14 October 2022 |
| Docket Number | 22-1011 |
| Citation | 981 N.W.2d 20 |
| Parties | IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Wesley Alan JOHNSON, Respondent. |
| Court | Iowa Supreme Court |
Tara van Brederode and Allison Anne Schmidt, Des Moines, for complainant.
Wesley Alan Johnson, Kelley, pro se.
From early 2020 until mid-2021, while most Iowans were grappling with the COVID-19 pandemic, an Iowa attorney fought a continuing battle against methamphetamine and opiate abuse. The attorney repeatedly violated criminal laws prohibiting possession of controlled substances, operating while intoxicated (OWI), and driving while under revocation. Eventually, in mid-2021, the attorney entered an intensive drug-treatment program pursuant to court order. Having emerged from that program, and still under a disability suspension, the attorney is now before us on an attorney disciplinary complaint. The attorney has accepted responsibility and consents to a disciplinary suspension of between one year and eighteen months. The Iowa Supreme Court Grievance Commission (commission) recommends a suspension of eighteen months.
On our review, we agree that all of the attorney's criminal acts constitute ethical violations, and we order the attorney's license suspended with no possibility of reinstatement for one year.
Wesley Johnson became a licensed Iowa attorney in 2008. He maintained a general practice in Ogden that included, among other things, the defense of criminal cases. In 2020 and 2021, Johnson became a criminal defendant himself on five separate occasions.
A. The Boone County Case. On January 30, 2020, Johnson was arrested after driving his vehicle into the median on US Highway 30 in Boone County. Johnson told the sheriff's deputies he had just left work and had fallen asleep, but law enforcement concluded Johnson had been driving under the influence. Johnson was described as "argumentative." He initially said he had "tweaked" his back in the single-vehicle accident and could not continue doing field sobriety tests because of back pain. But when an ambulance was summoned, Johnson advised that his back was starting to feel better and that he did not need medical attention.
A search found controlled substances in Johnson's vehicle, including methamphetamine and hydrocodone. A trial information was filed in Boone County charging Johnson with four separate serious misdemeanors, including OWI first offense and possession of methamphetamine first offense (the Boone County case).
B. The First Polk County Case. While the Boone County case was still pending, on August 1, Johnson's vehicle was stopped while speeding on Iowa Highway 5 in Polk County. Johnson failed several field sobriety tests. He had eyelid tremors and an elevated pulse rate of 124 beats per minute. Johnson was again arrested for OWI. Once again, law enforcement found controlled substances—including methamphetamine—in the vehicle. Law enforcement also found an orange prescription bottle with foil-wrapped "candy" that contained LSD. In addition, urine tests on Johnson returned positive for methamphetamine, cocaine, and opiates.
Johnson was charged by trial information in Polk County with various misdemeanors, including OWI, possession of methamphetamine first offense, and possession of marijuana first offense. Later, a charge was added for possession of LSD (the first Polk County case).
C. The Dallas County Case. While both the Boone County case and the first Polk County case were still outstanding and unresolved, Johnson was pulled over on September 4 for a traffic stop on Raccoon River Drive in Dallas County. West Des Moines police found methamphetamine on Johnson's person and in his vehicle. Johnson admitted that he had used methamphetamine two days before and that he had been using it for approximately one year. A trial information was filed in Dallas County charging Johnson with possession of methamphetamine, possession of oxycodone, and driving while revoked (the Dallas County case).
D. Guilty Plea in the Boone County Case. On December 11, Johnson resolved the Boone County case by pleading guilty to possession of methamphetamine first offense and OWI first offense. See Iowa Code § 124.401(5) (2020); id. § 321J.2. On the possession count, Johnson received a deferred judgment and twelve months’ probation, with the specific conditions that he obtain a substance abuse evaluation, complete recommended treatment, and abstain from the use of alcoholic beverages and controlled substances. On the OWI count, Johnson was sentenced to four days in the Boone County Jail with credit for time served.
E. The Jasper County Case. Within two months, Johnson once again found himself in legal trouble. On February 13, 2021, a state trooper stopped Johnson on Interstate 80 in Jasper County because he was driving under revocation. Methamphetamine was found in plain view in the vehicle, and Johnson was arrested. A trial information was filed in Jasper County charging Johnson with driving while revoked and possession of methamphetamine first offense (the Jasper County case).
F. The Second Polk County Case. Just four days after the Jasper County arrest, Johnson was apprehended by Altoona police on February 17 for driving under revocation. The officers found an oxycodone pill inside a bottle labeled for an unrelated prescription; Johnson said he "did not know it was in there." A trial information was filed in Polk County charging Johnson with possession of oxycodone and driving while revoked (the second Polk County case).
G. Guilty Plea in the First Polk County Case. One week later, on February 24, Johnson resolved the first Polk County case by pleading guilty to OWI first offense, and possession of LSD. See id. § 321J.2; id. § 124.401(5). On the OWI count, Johnson received a one-year jail sentence with all but ten days suspended and was placed on probation for one year. On the possession count, Johnson received a concurrent 180-day sentence with all but one day suspended, to run concurrent with the OWI sentence. The court noted that Johnson had already received a substance abuse evaluation and ordered him to complete any recommended programming.
H. Guilty Plea in the Dallas County Case. A few weeks thereafter, on March 18, a bench warrant was issued in the Dallas County case when Johnson failed to appear for a pretrial conference. One week later, Johnson resolved the Dallas County case by pleading guilty to possession of methamphetamine. See id. § 124.401(5). He received a deferred judgment and was placed on probation for one year.
I. Guilty Plea in the Second Polk County Case. On May 10, Johnson resolved the second Polk County case by pleading guilty to possession of oxycodone. See id. § 124.401(5) (2021). He was sentenced to ten days’ incarceration with credit for seven days served.
J. Johnson Enters but Then Leaves Inpatient Substance Abuse Treatment. During that same month of May 2021, Johnson was admitted to an inpatient facility in Clarinda for treatment of his substance abuse. Within two weeks, he left the program by departing the facility on foot. A representative of the facility reported that Johnson had "struggled with motivation" and "really minimize[d]" his use, which he didn't "see as a problem." Probation violation reports were filed.
K. Johnson Consents to a Disability Suspension. The Iowa Supreme Court Attorney Disciplinary Board (Board) petitioned to have Johnson's law license temporarily suspended due to a disability that prevented him from discharging the professional responsibilities associated with the practice of law. On May 24, with Johnson's written consent, a temporary suspension was entered and remains in effect to this day.
L. Guilty Plea in the Jasper County Case. On August 4, Johnson resolved the Jasper County case by pleading guilty to both the possession of methamphetamine first offense and driving while revoked charges. See id. § 124.401(5); id. § 321J.21.
He was sentenced to fourteen days in jail with credit for time served.
M. The Deferred Judgments Are Revoked. As a result of Johnson's probation violations, his deferred judgments in the Boone County case and the Dallas County case were revoked. He was ordered by both district courts to complete inpatient treatment for substance abuse.
N. Johnson Completes Inpatient Substance Abuse Treatment. The Polk County District Court ordered that Johnson remain in jail until a bed opened up in the Bridges of Iowa residential treatment program. Johnson entered that program in August 2021 and successfully completed it in April 2022. Johnson was also discharged from probation.
O. This Disciplinary Proceeding. Johnson's criminal convictions came to the attention of the Board. On February 8, 2022, the Board filed a complaint charging Johnson with multiple violations of Iowa Rule of Professional Conduct 32:8.4(b). This rule makes it professional misconduct for a lawyer to commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects. Id.
The Board and Johnson entered into a stipulation of facts, exhibits, rule violations, mitigating and aggravating circumstances, and sanction—along with a waiver of a formal hearing. In addition to stipulating to Johnson's criminal convictions in the five cases, the Board and Johnson also agreed to the admission of various police reports and other exhibits from those cases. The parties further stipulated that Johnson's convictions in the five cases violated rule 32:8.4(b), that Johnson's criminal acts "created a grave risk of potential injury to other people," and that Johnson "demonstrated a pattern of criminal conduct and profound disrespect for the law." The parties agreed that Johnson's cooperative attitude toward the proceedings, his acknowledgment of misconduct, the fact that his criminal conduct...
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