Iowa Supreme Court Bd. of Professional Ethics and Conduct v. Mayer, 97-1357

• Decision Date: 26 November 1997
• Docket Number: No. 97-1357,97-1357
• Citation: 570 N.W.2d 647
• Parties: . Steven E. MAYER, Respondent. Supreme Court of Iowa
• Court: Iowa Supreme Court

Page 647

570 N.W.2d 647

IOWA SUPREME COURT BOARD OF PROFESSIONAL ETHICS AND CONDUCT, Complainant, v. Steven E. MAYER, Respondent.

No. 97-1357.

Supreme Court of Iowa.

Nov. 26, 1997.

Norman G. Bastemeyer and Charles L. Harrington, Des Moines, for complainant.

Steven E. Mayer, Clinton, pro se.

Considered by HARRIS, P.J., and LARSON, CARTER, LAVORATO, and SNELL, JJ.

CARTER, Justice.

This matter comes before us on a review of the findings and recommendations of the Grievance Commission concerning a disciplinary complaint against respondent, Steven E. Mayer, a practicing attorney. Our review of that recommendation is required pursuant to Iowa Supreme Court Rule 118.10. We give respectful consideration to the findings and recommendations of the Grievance Commission but are free to make all necessary determinations anew. Committee on Prof'l Ethics & Conduct v. Freed, 341 N.W.2d 757, 758 (Iowa 1983).

The Grievance Commission found that in June 1986 Loren Wessels engaged respondent to seek modification of the custody and child support provisions of a 1980 decree dissolving Loren's marriage to Jami Wessels. The 1980 decree had granted Jami custody of the parties' only child, then age four, and had required Loren to pay child support. In accordance with an oral agreement with Jami, Loren had assumed custody of the child in June of 1986. That prompted Loren to engage respondent for purposes of obtaining a modification of the 1980 decree reflecting the de facto change in the custody arrangement and terminating Loren's child support obligation.

To accomplish Loren's goal, respondent prepared a stipulation that authorized the district court to modify the 1980 dissolution decree so as to grant custody of the parties' child, then age ten, to Loren and to terminate Loren's child support obligation retroactive to June 13, 1986. That stipulation was signed by both Loren and Jami in September 1986. Loren assumed that respondent would take some immediate action seeking the court's approval of the stipulation and modification of the decree. In fact, respondent delayed doing that for more than ten years.

The September 1986 stipulation was not presented to the district court for consideration until June 24, 1997, many months after the present disciplinary complaint was filed and less than thirty days prior to the hearing before the Grievance Commission. The district court on that date approved the stipulation and modified the decree so as to grant custody of the parties' minor child to Loren and terminate Loren's child support obligation retroactive to June 13, 1986.

During the more than ten-year delay between the signing of the stipulation and its presentation to the court, the clerk of the district court was reporting Loren's failure to make child support payments to that office to child support recovery authorities. When those authorities contacted Loren in 1989, he contacted respondent and asked for an explanation of the situation. The respondent advised him at this time that there had been a "mix-up" and that he would take care of the matter. Later, and on more than one occasion, income tax refunds due Loren were intercepted by child support recovery authorities. Loren's telephone calls to respondent concerning this problem were not returned.

In December 1994 Loren went to respondent's office seeking to converse with him in person concerning this matter. Respondent refused to see him, and respondent's receptionist asked Loren to...