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Iowa Supreme Court Board of Professional Ethics and Conduct v. Thompson6/3/1999
On review of the report of the Grievance Commission.
Grievance Commission report in disciplinary proceeding recommended a thirty-day suspension. LICENSE SUSPENDED.
Considered by McGiverin, C.J., and Harris, Lavorato, Neuman, and Cady, JJ.
In this lawyer disciplinary proceeding, the grievance commission found that Robert Thompson's convictions of two simple misdemeanors-assault and criminal trespass-violated Iowa Code of Professional Responsibility DR 1-102(A)(6) (lawyer shall not engage in conduct adversely reflecting on the fitness to practice law). Additionally, the commission found that Thompson neglected a client's post-conviction relief action in violation of DR 6-101(A)(3) (lawyer shall not neglect a client's legal matter). The commission recommended a thirty-day suspension. Thompson appealed from the commission's findings and recommendations as allowed by Court Rule 118.11, but later dismissed the appeal. Thompson, however, did file a statement with the court, asking that we impose only a reprimand.
Upon our de novo review, see Court Rule 118.10, we agree with the commission that Thompson was guilty of these ethical violations. However, we are convinced that under the circumstances we should suspend Thompson's license to practice law indefinitely, with no possibility of reinstatement for two months from the date of this opinion. See id. ("Upon such review de novo the court may impose a lesser or greater sanction than the discipline recommended by the grievance commission.").
Thompson has practiced law in Reinbeck, Iowa, since 1972. His practice is primarily in the area of criminal defense. He also handles some personal injury cases. The balance of his practice is devoted to probate, tax, and real estate .
On October 1, 1996, Thompson went to the home of Josh Tremmel where he confronted Tremmel and Tremmel's mother. At the time, Tremmel was seeing Thompson's teenage daughter in violation of a domestic abuse no-contact order. Thompson had sought the order because of Tremmel's abusive conduct toward Thompson's daughter. Not surprisingly, Thompson was highly upset with Tremmel. Thompson drove Tremmel back to Thompson's home where Thompson displayed and threatened Tremmel with a loaded shotgun.
As a result of this incident, Thompson was charged with, and ultimately found guilty of, simple assault and criminal trespass. The criminal assault related to the shotgun incident at Thompson's home. The criminal trespass resulted from Thompson's refusal to leave Tremmel's home after Tremmel's mother ordered Thompson to leave.
On August 19, 1996, the district court appointed Thompson to represent Michael Holmes on an appeal of a post-conviction relief decision. On October 29, 1996, we notified Thompson that he was in default, fined him fifty dollars, and advised him that unless he remedied the default within fifteen days, we would dismiss the appeal. Contrary to our order, Thompson did not cure the default. In December 1996, we dismissed the appeal for want of prosecution. Thompson never told Holmes of the dismissal.
At the time of the post-conviction and criminal matters, Thompson was undergoing treatment for depression and abuse of alcohol. He was also on prescription drugs for the depression.
At the disciplinary hearing, Thompson presented testimony from law enforcement officers, practicing attorneys, and district court Judges. All testified that Thompson was a gifted and skilled trial lawyer, as well as being an honest and trustworthy person. Additionally, Thompson's treating psychiatrist testified about Thompson's past problems with depression and alcohol. The psychiatrist noted that
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